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June 6, 2023 Aventura City Commission Regular Meeting Minutes &`?i AVENTURA CITY COMMISSION REGULAR MEETING MINUTES JUNE 6, 2023 Following 6:00 p.m. Local Planning Agency Meeting Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weinberg at 6:05 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Amit Bloom', Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the Local Planning Agency Meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Proclamations: Mayor Weinberg recognized the proclamation issued for National Gun Violence Awareness Day (June 2, 2023). • Special Recognitions: None. • Employee Service Awards: Mr. Wasson presented Police Captain Jaime Chalem (15 years) with a special recognition certificate and token of appreciation for the completion of milestone years of service with the City. • Charter School Update: None. A video from Sofia Orozco, Don Soffer Aventura High School student and Aventura Police Department Explorer, was shown to raise awareness for Tourette Syndrome Awareness Month (May 15, 2023 — June 15, 2023). 1 Participated via virtual communications media technology. Aventura City Commission Regular Meeting Minutes June 6, 2023 Public Communicators Group, City Consultant— City of Aventura, was recognized for the receipt of a Gold Viddy Award for their video production of Michael Stern: Colorectal Cancer Awareness. 5. CONSENT AGENDA: There were no requests from the public to address the City Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Kruss, seconded by Commissioner Joel, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • May 2, 2023 City Commission Regular Meeting • May 11 , 2023 City Commission Special Workshop • May 18, 2023 City Commission Regular Workshop B. Motion approved as follows: A MOTION TO ACCEPT FOR FILING OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2022 AND THE LETTER DATED MAY 19, 2023 ATTACHED HERETO AS ATTACHMENT A. C. Motion approved as follows A MOTION AUTHORIZING THE APPROPRIATION OF $54,627.91 ANNUALLY FOR 5 YEARS FROM THE CITY'S BUDGET TO PURCHASE 6 POLICE DEPARTMENT VEHICLES IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. RECESS AND RECONVENE: The meeting was recessed at 6:17 p.m. and reconvened at 7:55 p.m. The passing of former Commissioner Bob Diamond was recognized. Ethan Bazak, Soffer High School student and Aventura Police Department Explorer, introduced the new members of the Student Government at Don Soffer Aventura High School. 6. PUBLIC HEARINGS: Mr. Meyers reviewed the quasi-judicial procedures for items 6E, 6G, 61, and 6J and Mrs. Horvath administered the oath to all those wishing to offer testimony on those items. ORDINANCES — FIRST READING: Mrs. Horvath read the following Ordinance title: 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 Page 2 of 10 Aventura City Commission Regular Meeting Minutes June 6, 2023 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. A motion for approval of the Ordinance was offered by Commissioner Stern and seconded by Commissioner Kruss. Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference, entered the staff report recommending approval, and reviewed the item. No comments were provided on behalf of the Applicant (2999 LLC) for property located at 2999 NE 191 Street (ICON Aventura). The Commission discussed the item including the following: the concept for hero housing. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title: 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. A motion for approval of the Ordinance was offered by Commissioner Kruss and seconded by Commissioner Joel. Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference, entered the staff report recommending approval, and reviewed the item. No comments were provided on behalf of the Applicant (2999 LLC) for property located at 2999 NE 191 Street (ICON Aventura). The Commission discussed the item including the following: conditions for dwelling units and hero housing restricted for the use of police officers and teachers. Page 3 of 10 Aventura City Commission Regular Meeting Minutes June 6, 2023 Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title: 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. A motion for approval of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Kruss. Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference, entered the staff report recommending approval, and reviewed the item. No comments were provided on behalf of the Applicant (Aventura Opportunity Owner LLC) for property 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 (Aventura Corporate Center). The Commission discussed the item including the following: substantial commercial portion removed, number of units, traffic, time to review the big picture, less traffic due to no commercial traffic, and the need for a city-wide comprehensive plan. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed (6-1) by roll call vote, with Commissioner Dr. Marks voting no. Mrs. Horvath read the following Ordinance title: 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. A motion for approval of the Ordinance was offered by Commissioner Friedland and seconded by Commissioner Joel. Page 4 of 10 Aventura City Commission Regular Meeting Minutes June 6, 2023 Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference, entered the staff report recommending approval, and reviewed the item. No comments were provided on behalf of the Applicant (Brian S. Adler, Esq. — Bilzin Sumberg, on behalf of Got183 LLC) for property located along NE of 183rd Street in the area east of Biscayne Boulevard, further east of NE 27th Avenue, with the address 2785 NE 183 Street (TAL Aventura). The Commission discussed the item including the following: changes from the original plans. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title: E. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM "MEDIUM-HIGH DENSITY RESIDENTIAL" TO "HIGH DENSITY RESIDENTIAL"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6E). Mrs. Horvath administered the oath to anyone additional wishing to offer testimony on the item. A motion for approval of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Friedland. Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference, entered the staff report recommending approval, and reviewed the item. No comments were provided on behalf of the Applicant (Brian S. Adler, Esq. — Bilzin Sumberg, on behalf of Got183 LLC) for property located along NE of 183rd Street in the area east of Biscayne Boulevard, further east of NE 27th Avenue, with the address 2785 NE 183 Street (TAL Aventura). Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. Page 5 of 10 Aventura City Commission Regular Meeting Minutes June 6, 2023 The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title: 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. A motion for approval of the Ordinance was offered by Commissioner Stern and seconded by Commissioner Kruss. Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference, entered the staff report recommending approval, and reviewed the item. No comments were provided on behalf of the Applicant (Brian S. Adler, Esq. — Bilzin Sumberg, on behalf of Got183 LLC). Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title: G. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT 2785 NE 183 STREET FROM MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT (RMF4), TO TRANSIT ZONE HIGH DENSITY RESIDENTIAL DISTRICT (RMF5); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6G). Mrs. Horvath administered the oath to anyone additional wishing to offer testimony on the item. A motion for approval of the Ordinance was offered by Commissioner Kruss and seconded by Commissioner Joel. Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference, entered the staff report recommending approval, and reviewed the item. Page 6 of 10 Aventura City Commission Regular Meeting Minutes June 6, 2023 No comments were provided on behalf of the Applicant (Brian S. Adler, Esq. — Bilzin Sumberg, on behalf of Got183 LLC) for property located at 2785 NE 183 Street (TAL Aventura). Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. RESOLUTIONS: Mr. Meyers explained the process for the resolutions. Mrs. Horvath read the following Resolution title: H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RELEASING THE DECLARATION OF RESTRICTIVE COVENANT REQUIREMENT SET FORTH IN ORDINANCE NO. 2013-12 INTENDED TO RESTRICT THE ALLOWED DENSITY ON A PARCEL OF LAND LOCATED AT 20605 NE 34 AVENUE IN THE CITY OF AVENTURA TO NO MORE THAN FIVE (5) RESIDENTIAL DWELLING UNITS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Joel and seconded by Commissioner Kruss. Community Development Director Keven Klopp entered the staff report recommending approval, reviewed the item, and reported on the substantial public comments received via emails (30-40) to date, concerning the existing versus the proposed project. The following provided comments on behalf of the Applicant (Alan S. Rosenthal, Esq. on behalf of Aventura 341h Av LLC and GPuertoazul LLC): Alan Rosenthal, Esq. (Rosenthal, Rosenthal, Rasco LLC—20900 NE 301h Avenue #600, Aventura) and Kobi Karp, Architect (Kobi Karp Architecture & Interior Design Inc. — 571 NW 28 Street, Miami) for property located at 20605 NE 34th Avenue (Aventura Harbor). The Commission discussed the item including the following: emails received, variance change, agreement from 10 years ago, legal battle, submerged land, boat slips, and pocket park. Mayor Weinberg opened the item for public comment. The following members of the public provided comments: Robert Ebaugh (3375 N. Country Club Drive, #305, Aventura), Cheryl Gerber (3375 N. Country Club Drive, #1504, Aventura), Michael Putney (21055 Yacht Club Drive, #2201 , Aventura), and David Pesek (3675 N. Country Club Drive, #408, Aventura). There being no additional comments, Mayor Weinberg closed the item for public input. Page 7 of 10 Aventura City Commission Regular Meeting Minutes June 6, 2023 A motion to defer the item was offered by Commissioner Stern, seconded by Vice Mayor Bloom and passed (6-1) by roll call vote, with Commissioner Friedland voting no. Mrs. Horvath read the following Resolution title: I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-143(E)(2A)C OF THE LAND DEVELOPMENT REGULATIONS AND THE CITY'S GREEN BUILDING PROGRAM AS SET FORTH IN ARTICLE VI OF CHAPTER 14 OF THE CITY CODE TO PERMIT A FLOOR AREA RATIO OF 4.8 WHERE THE LAND DEVELOPMENT REGULATIONS PERMIT A MAXIMUM FLOOR AREA RATIO OF 1.5 FOR THE DEVELOPMENT OF A RESIDENTIAL BUILDING TO BE CONSTRUCTED AT 20605 NE 34 AVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (61). A motion to defer the item was offered by Commissioner Stern, seconded by Commissioner Kruss and passed (5-2) by roll call vote, with Commissioner Friedland and Commissioner Dr. Marks voting no. Mrs. Horvath read the following Resolution title: J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-143(E)(3)(B) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A HEIGHT OF 15 STORIES (192 FEET) WHERE A HEIGHT OF 7 STORIES (80 FEET) IS PERMITTED FOR THE PROPERTY LOCATED AT 20605 NE 34 AVENUE, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6J). A motion to defer the item was offered by Commissioner Stern, seconded by Vice Mayor Bloom and passed (5-2) by roll call vote, with Commissioner Friedland and Commissioner Dr. Marks voting no. ORDINANCE — FIRST READING: Mrs. Horvath read the following Ordinance title: K. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY CREATING AND DEFINING "COMMITTED SUBMERGED OPEN SPACE," REVISING THE DEFINITION OF "OPEN SPACE," AMENDING THE SITE DEVELOPMENT STANDARD FOR OPEN SPACE, SECTION 31-143(F)(3)(G) IN THE MULTIFAMILY HIGH-DENSITY RESIDENTIAL DISTRICT (RMF4); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Stern and seconded by Commissioner Kruss. Page 8 of 10 Aventura City Commission Regular Meeting Minutes June 6, 2023 Community Development Director Keven Klopp entered the comments from the Local Planning Agency Meeting into the record by reference, entered the staff report recommending approval, and reviewed the item. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed (6-1) by roll call vote, with Commissioner Dr. Marks voting no. 7. ORDINANCE — SECOND READING/PUBLIC HEARING: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2022-20 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2022/2023 FISCAL YEAR BY REVISING THE 2022/2023 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Stern and seconded by Commissioner Kruss. Mr. Wasson reviewed the item. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on second reading passed unanimously by roll call vote and Ordinance No. 2023-10 was adopted. 8. REPORTS: Reports were provided by members of the City Commission as follows: Commissioner Dr. Marks reported on the first Don Soffer Aventura High School graduation ceremony. Commissioner Dr. Marks was thanked for her role in making the first graduation memorable. 9. PUBLIC COMMENTS: The following members of the public provided comments: Jeffery Schwager (3330 NE 1901h Street, #1116, Aventura), JP Valdes (3340 NE 190th Street, #1001 , Aventura), Christopher Joyce (3330 NE 190th Street, #510, Aventura), Margarita Rozenfeld (3330 NE 190th Street, #816, Aventura), Roi Gal (3330 NE 190th Street, #2110, Aventura), Bevin Okay (3340 NE 190th Street, #1405, Aventura), Noah Alweiss (3330 NE 190th Street, Aventura), Marjorie Rosenblatt (19333 West Country Club Drive, #2223, Aventura), Ariel Penzer (3340 NE 190th Street, #1708, Aventura), and Colon Nunez - Nunez Tennis (21399 Marina Cove Circle, #13, Aventura). 10. OTHER BUSINESS: None. Page 9 of 10 Aventura City Commission Regular Meeting Minutes June 6, 2023 11. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Dr. Marks, seconded by Commissioner Kruss, and unanimously approved; thus, adjourning the meeting at 10.04 p.m. • Ellisa L. Horvath, Wlt7,Tity Clerk e a� 5o, Approved by the City Commission on July 11, 2023. Page 10 of 10