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09-05-2023 Local Planning Agency Meeting Agenda CITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..�V r■. e4 q LOCAL PLANNING AGENCY REGULAR MEETING AGENDA September 5, 2023 Following 6:00 p.m. First Budget Public Hearing 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 September 5, 2023 AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA: 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: June 6, 2023 4. PUBLIC HEARING — MOTION RECOMMENDING ADOPTION OF THE FOLLOWING RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(E)OF THE CITY CODE OF ORDINANCES, (1) TO PERMIT A DENSITY OF 47 DWELLING UNITS PER ACRE, WHERE THE CITY CODE PERMITS 25; (2) TO PERMIT HEIGHTS UP TO 24 STORIES (260'), WHERE THE CITY CODE PERMITS 10 STORIES (100'); (3) TO PERMIT UNITS WITH FLOOR AREAS NO LOWER THAN 658 SQUARE FEET WHERE THE MINIMUM REQUIREMENT IS 900 SQUARE FEET; AND (4) TO PERMIT 1,690 PARKING SPACES, WHERE 2,112 SPACES ARE REQUIRED BY THE CITY CODE FOR THE PROPERTY LOCATED AT 20801-20807 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4). 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 1 of 1 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 ClerkA- Zj,47_-- DATE: September 1, 2023 SUBJECT: Approval of Minutes September 5, 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 June 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: • June 6, 2023 Local Planning Agency Meeting Should you have any questions, please contact me. /elh attachment • CITY OF AVENTURA LOCAL PLANNING AGENCY MEETING MINUTES JUNE 6, 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 6:03 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 led by Mayor Weinberg. RECESS AND RECONVENE: The meeting was recessed at 6:05 p.m. and reconvened at 6:17 p.m. 3. APPROVAL OF MINUTES (February 7, 2023): A motion to approve the minutes of the February 7, 2023 meeting was offered by Commissioner Stern, seconded by Commissioner Kruss, and unanimously passed by roll call vote. 4. PUBLIC HEARINGS - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCES: Mr. Meyers reviewed the quasi-judicial procedures for items 4E and 4G and Mrs. Horvath administered the oath to all those wishing to offer testimony on those items. 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 Participated via virtual communications media teclmology. City of Aventura Local Planning Agency 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 to recommend adoption of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Stern. 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. No comments were provided on behalf of the Applicant (2999 LLC) for property located at 2999 NE 191 Street (ICON Aventura). The City Commission discussed the item including the following: requirement from Miami- Dade County to provide increased density in the Rapid Transit Zone (RTZ) by July 2024, penalties associated with not meeting that requirement, the County imposing rules if not done by the City, risk versus outcome, and the RTZ within '/2 mile from the tracks. Mayor Weinberg opened the public hearing. The following members of the public provided comments: Karen Evans Putney (21055 Yacht Club Drive, #2201 , 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. 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 to recommend adoption of the Ordinance was offered by Commissioner Kruss and seconded by Commissioner Stern. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval. No comments were provided on behalf of the Applicant (2999 LLC) for property located at 2999 NE 191 Street (ICON Aventura). Page 2 of 7 City of Aventura Local Planning Agency Meeting Minutes June 6, 2023 The City Commission discussed the item. 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: 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 to recommend adoption of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Stern. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval. 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). 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: 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 to recommend adoption of the Ordinance was offered by Commissioner Kruss and seconded by Commissioner Stern. Page 3 of 7 City of Aventura Local Planning Agency Meeting Minutes June 6, 2023 Community Development Director Keven Klopp entered the staff report into the record, which recommended approval. 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 City Commission discussed the item including the areas to be affected. 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: 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). Mrs. Horvath administered the oath to anyone additional wishing to offer testimony on the item. A motion to recommend adoption of the Ordinance was offered by Commissioner Stern and seconded by Commissioner Kruss. 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. 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). Mr. Meyers reviewed the rules of decorum for Commission meetings. The City Commission discussed the item including the following: density, current ability for building with owner rights, project on Williams Island Boulevard, and working on traffic with the County and the State. Page 4 of 7 City of Aventura Local Planning Agency Meeting Minutes June 6, 2023 Mayor Weinberg opened the public hearing. The following members of the public provided comments: Joy Ziefer (3700 Island Blvd., #C-101 , Aventura) and Bevin Okay (3340 NE 1901h Street, #1405, 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. 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 to recommend adoption of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Friedland. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval. 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 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: 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). Mrs. Horvath administered the oath to anyone additional wishing to offer testimony on the item. Page 5 of 7 City of Aventura Local Planning Agency Meeting Minutes June 6, 2023 A motion to recommend adoption of the Ordinance was offered by Commissioner Kruss and seconded by Commissioner Stern. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval. 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 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: 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. A motion to recommend adoption of the Ordinance was offered by Commissioner Stern and seconded by Commissioner Kruss. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval. The City Commission discussed the item including the following: providing an overall view of land that could be developed, possibility of postponing the item until that is provided, and the need to correct the discrepancy in the Code. Mayor Weinberg opened the public hearing. The following members of the public provided comments: Truly Burton, Executive Vice President— Builders Association of South Florida (111 NW 183rd Street #111 , Miami Gardens), Steven Friedfertig (19707 Turnberry Way, #12A, Aventura), Barry Silverstein (19667 Turnberry Way, Aventura), and Yolanda Wolfson (Turnberry — South Tower, Aventura). There being no additional speakers, the public hearing was closed. The motion to recommend adoption of the Ordinance was passed (6-1), by roll call vote, with Commissioner Dr. Marks voting no. Page 6 of 7 City of Aventura Local Planning Agency Meeting Minutes June 6, 2023 Mr. Meyers explained the Local Planning Agency recommendations proceeding to the City Commission and the opportunity for members of the public to speak. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, a motion to adjourn was offered by Commissioner Friedland, seconded by Commissioner Kruss, and unanimously passed; thereby, adjourning the meeting at 7.36 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on September 5, 2023. Page 7 of 7 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven R. Klopp, Community Development Director DATE: September 1, 2023 SUBJECT: Request by Aventura Opportunity Owner LLC for the Modification of a Previously Approved Conditional Use for a Mixed-Use Development on Property Located at 20801-20807 Biscayne Boulevard (CUP2111- 0001) September 5, 2023 Local Planning Agency Meeting Agenda September 5, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the requested Conditional Use for a proposed project located at 20801-20807 Biscayne Boulevard to facilitate the mixed- use development known as Aventura Corporate Center. THE REQUEST The applicant, Bercow, Radell, Fernandez, Larkin & Tapanes, on behalf of Aventura Opportunity Owner, LLC, is requesting the modification of a previously approved Conditional Use pursuant to Section 31-145(e)(4)o. of the City's Land Development Regulations (the"LDRs")to permit a density of 47 dwelling units per acre, where the LDRs permit a maximum density of 25 dwelling units per acre; Conditional Use approval pursuant to Section 31-145(e)(4)b of the LDRs to permit the proposed heights of 24 stories (260') on tower 1A and 19 stories (210') on tower 1 B, where the LDRs allow a maximum height of 10 stories (100'); Conditional Use approval pursuant to Section 31- 145(e)(4)e of the LDRs to allow floor areas ranging from 658 SF to 945 SF for one and two-bedroom units, where City Code requires minimum floor areas ranging from 900SF to 1,050SF for these units; and Conditional Use approval pursuant to Section 31- 145(e)(4)i of the LDRs to permit 1,690 parking spaces, where 2,112 spaces are required by Code in accordance with a shared parking allowance based upon the mix of uses proposed for the property. The applicant's Letter of Intent is attached as Exhibit#1 to this staff report. BACKGROUND OWNER OF PROPERTY: Aventura Opportunity Owner, LLC NAME OF APPLICANT Michael J. Marrero, Esq. Bercow, Radell, Fernandez, Larkin & Tapanes LOCATION OF PROPERTY 20801, 20805, and 20807 Biscayne Boulevard Folio Numbers: 28-1234-079-0010 28-1234-079-0020 28-1234-079-0025 See Exhibit #2 for Location Map SIZE OF PROPERTY 10.53 acres +/- See Exhibit #A for Legal Description The property consists of 3 parcels totaling approximately 10.53 acres of land located on the east side of Biscayne Boulevard between NE 207 Street and NE 209 Street, bounded by NE 30 Avenue on the east. An existing office complex known as Aventura Corporate Center and an AC Hotel by Marriott currently operates at the site. The applicant had submitted, concurrently and related to this request, an application to amend section 31-145(e)(4) of the LDRs to allow multifamily residential uses with a maximum of 50 dwelling units per acre, subject to conditional use approval. As a result, Section 31-145(e)(4)o. was added to TC-4 by the City Commission in July of 2023. In addition, Administrative Site Plan Review for the revision of a previously approved site plan (SP2108-0001) is underway by City staff and its consultants. See Exhibit #4 for the plans and renderings submitted for review. The proposed mixed-use development consists of two towers connected by a bridge and hosting 495 residential units and 38,617 square feet of retail. The project will retain the three existing office buildings, hotel and easternmost garage, while proposing the demolition the two existing north and south parking structures along Biscayne Boulevard. The applicant will retain and activate the existing water feature to the south of the property that will include a bridge and outdoor vending kiosks for retail and/or restaurants. ANALYSIS Future Land Use Designation Subject Property: Town Center Property to the North: Business and Office Property to the South: Town Center Business and Office Property to the East: Medium-High Density Residential Property to the West: Business and Office 2 Zoning Subject Property: TC4 — Town Center Office Park Mixed-Use District Properties to the West: B1 - Community Business District MO — Medical Office District Properties to the East: RS2 — Single Family Residential Properties to the North: B2 - Community Business District OP — Office Park District Properties to the South: TC3 - Town Center Neighborhood District B2 — Community Business district Existing Land Use Subject Property: Existing Office Park and Hotel Properties to the North: Offices and Mixed Use Properties to the South: Retail and Mixed Use Properties to the East: Residential Properties to the West: Hospital and Retail Access —The property fronts Biscayne Boulevard, with side frontages on NE 207 Street, NE 209 Street, and NE 30 Avenue. The proposed development is accessible from all four boundary streets. Standards for Review -The following is staff's evaluation of the proposed use using the criteria for approval of conditional uses found in Section 31-73(c) of the City's Land Development Regulations. 1. The proposed use shall be consistent with the Comprehensive Plan. The proposed use is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Town Center. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance and operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The immediate neighborhood is comprised of mixed-use, office and residential developments. The project design standards are consistent and complements developments such as the existing Park Square and upcoming Centtral. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service 3 or will be available concurrent with demand as provided for in the requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Adequate measures have been taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Ingress and egress to the property is by way of all boundary streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of this use will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The design of the proposed residential building provides appealing visuals and its orientation and scale are appropriate to its location facing Biscayne Boulevard. The site is landscaped with Florida friendly canopy trees and plantings. Public Hearing Notice - Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. RECOMMENDED CONDITIONS OF APPROVAL 1. Building permits must be consistent with drawings as submitted on May 3, 2023 and listed in Exhibit #4, unless otherwise subsequently amended by an administrative site plan approval. The referenced plans are been reviewed under Administrative Site Plan Approval regulations, the TC-4 zoning district regulations, and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. Contribution toward the expansion of the City' s Freebee circulator service in the amount of$ 125,000 per year for 10 years with the first payment due before the issuance of the first permit for the project and each of the next 9 payments due on the respective anniversary date of the first payment. 3. Concurrent with the issuance of a certificate of occupancy of any kind (i.e. temporary or final)a shuttle service specifically to and from the Brightline station 4 will be provided to residents of the development by the owners/operators of the building. 4. A contribution of $250,000 toward the capital costs related to construction of a new charter school for the City will be made prior to the issuance of a permit for vertical construction of any residential building. A second contribution of $250,000 for the same purpose will be made by the 5-year anniversary of the first payment. 5. A deed restriction, in a form approved by the City Attorney, will be recorded agreeing that the property, and residential units thereon, will comply with the City's restriction on short term rentals, which states that any rental for less than 90 days is considered a hotel. (Hotel use is not included in the project being approved with this conditional use) 6. Prior to receiving permits for any permanent structure, obtain Miami-Dade County Schools' issuance of a finding that School Concurrency has been met and pay applicable School Impact Fees. 5 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 EXHIBIT "2" City of Aventura Diplomat Mail NW 1st St Li 858 SW 1st St I � SW 2nd St o_ Hallandale c'011rslesV' Ln Gulfstream Park Golden Isles y 7 AlA Sun Swept — _,W,�_, r-—- Holiday Dr - Isles 1 L�"'!-"!�� 1 1 1 NE 213th St z 1 W 1 1 � . 1 5 1 1 Avera I 1 o a 1 1 > Highland Oaks 1 N Country1 m me Park\ 1 Club Dr 1 +' \\I 1 a 1 O 1 1 0 z 1 1 M 1 1 A 1 St. 1 � 1 N� Don Soffer / rD 1 Exercise Trail holden Beach Aventura Mall Aventura / 1 Lehman cswy 1 1 / � 1 NE 190th Sti / m - 1 1 / co — NE 186th St / / I I I I . / NE lg3rd St / I I I I -0 ynolds Park / Point Ease 171st St 1 NE 170th St 1 ��, 1 ��� NE 169th St � N ' ' Sunny Isles W 1 Mtlule ° 1 Make Beach Ii Intracoastal Mall 826 ',lat\tic Isle NE 163rd St r� w 6/30/2023 1 0.55 1 0 0.28 0.55 1.1 mi ......... Subject Property 0 0.42 0.85 1.7 km Municipal Zone - TC4 ___ Aventura Municipal Boundary Sources:Esri,Airbus DS,USGS,NGA,NASA,CGIAR,N Robinson,NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat,GSA,Geoland, FEMA, Intermap and the GIS user community,Sources:Esri,HERE,Garmin,FAO, NOAA,USGS,©OpenStreetMap contributors,and the GIS User Community EXHIBIT "3" LEGAL DESCRIPTION PARCEL ONE: A PORTION OF TRACT "A", OF "AVENTURA CORPORATE CENTER", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 158, AT PAGE 47, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT "A"; THENCE N 88°10'38" E, ALONG THE NORTH LINE OF SAID TRACT "A", FOR 556.00 FEET; THENCE S 11 °19'21" W FOR 335.30 FEET; THENCE S 00°43'51" E FOR 205.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID TRACT "A"; THENCE N 78°02'44" W, ALONG THE SOUTHERLY LINE OF SAID TRACT "A", FOR 652.55 FEET; THENCE N 28°31'25" W, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT "A", FOR 35.00 FEET; THENCE N 22°43'18" E, ALONG THE WESTERLY LINE OF SAID TRACT "A", SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD (STATE ROAD U.S. NO. 1), FOR 363.12 FEET; THENCE N 55026'58" E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT "A", FOR 27.03 FEET TO THE POINT OF BEGINNING. PARCEL TWO: TRACT "A", OF AVENTURA CORPORATE CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 158, AT PAGE 47, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT "A"; THENCE N 88°10'38" E, ALONG THE NORTH LINE OF SAID TRACT "A", FOR 556.00 FEET; THENCE S 11'19'21" W FOR 335.30 FEET; THENCE S 00°43'51" E FOR 205.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID TRACT "A"; THENCE N 78002'44" W, ALONG THE SOUTHERLY LINE OF SAID TRACT "A", FOR 652.55 FEET; THENCE N 28°31'25" W,ALONGTHE SOUTHWESTERLY LINE OF SAID TRACT "A", FOR 35.00 FEET; THENCE N 22-43-18" E, ALONG THE WESTERLY LINE OF SAID TRACT "A", SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD (STATE ROAD U.S. NO. 1), FOR 363.12 FEET; THENCE N 55°26'58" E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT "A", FOR 27.03 FEET TO THE POINT OF BEGINNING. AND LESS THAT PORTION CONVEYED TO NORWICH AVENTURA II LLC, A DELAWARE LIMITED LIABILITY COMPANY, BY SPECIAL WARRANTY DEED, RECORDED DECEMBER 18, 2014, IN OFFICIAL RECORDS BOOK 29434, AT PAGE 3641, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT "A"; THENCE N 88°10'38" E, 4871-4053-9419,v. 1 ALONG THE NORTH LINE OF SAID TRACT "A", FOR 556.00 FEET; THENCE S 11°19'21" W FOR 335.30 FEET; THENCE S 00°43'51" E FOR 18.03 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUES 00°43'51" E FOR 187.14 FEET TO A POINT OF THE SOUTHERLY LINE OF SAID TRACT "A"; THE FOLLOWING EIGHT (8) COURSES BEING ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID TRACT "A"; (1) THENCE S 78002'44" E FOR 73.05 FEET TO A POINT OF CURVATURE; (2) THENCE SOUTHEASTERLY ALONG A 1438.00 FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A CENTRAL ANGLE OF 04011'01" FOR AN ARC DISTANCE OF 105.00 FEET; (3) THENCE N 07°04'25" E FOR 45.00 FEET; (4) THENCE S 82055'35" E FOR 35.00 FEET; (5) THENCE S 07°04'25" W FOR 45.00 FEET TO A POINT ON A CIRCULAR CURVE WHOSE RADIUS POINT BEARS N 06022'35" E; (6) THENCE SOUTHEASTERLY ALONG A 1438.00 FOOT RADIUS CURVE LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 04033'05" FOR AN ARC DISTANCE OF 114.23 FEET TO A POINT OF COMPOUND CURVATURE; (7) THENCE EASTERLY AND NORTHERLY ALONG A 25.00 FOOT RADIUS CURVE LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 94045'02" FOR AN ARC DISTANCE OF 41.34 FEET TO A POINT OF TANGENCY; (8) THENCE N 02055'32" W FOR 254.38 FEET; THENCE S 87004'34" W FOR 138.61 FEET; THENCE S 37012'35" W FOR 30.60 FEET; THENCE S 87°04'34" W FOR 86.00 FEET; THENCE S 18040'06" W FOR 7 .39 FEET; THENCE S 87°04'34" W FOR 93.63 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE NON-EXCLUSIVE EASEMENTS AS SET FORTH AND FURTHER DESCRIBED IN SECTION 3(D) OF THAT CERTAIN PARKING AGREEMENT, RECORDED DECEMBER 18, 2014, IN OFFICIAL RECORDS BOOK 29434, AT PAGE 3651, AND SECTION 3 OF THAT CERTAIN AMENDED AND RESTATED EASEMENT AND OPERATING AGREEMENT, RECORDED DECEMBER 18, 2014, IN OFFICIAL RECORDS BOOK 29434, AT PAGE 3695, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 4871-4053-9419,v. 1 va am uwnoo3a 'KNOnur3evao s� "gip isv3 zv 3oeva cn Hinos rsa xsemoi ec eouo3s aoen meaoen 3s S 1 > 3 1 I H D N V � v b131N30 31vaodao0 vanlN3nv H�I AO�SAZ ��. a = A Q ernluantl naaxz s`��. 1N3WON3WV NOI1tl011ddtl NVId 311S v � Age F � ■ F d a �L I �1y 1. IL IL ol I V�`. 11,E I 1 t .y. f i m ,pif III ,•� � ��� 'k W 4 Y� c7 O ty _ W i C doom ,.���3a�wd n N.��,Oe a31N3o31vaodaoovanlN3nv H7IAO7SAZ Mga '= E A e�n�uantl uanaaxz aavry gp��£e- 1N3WON3wv NOI1tl011ddtl NVId 311S a F, i I a hl ci Q W S F 0 Q z Y O O e J N (i m O O z W cc doom ,.���3a�wd n N.��,Oe a31N3o31vaodaoovanlN3nv H7IAO7SAZ200 e�n�uantl uanaaxz aavry gp��£e. 1N3WON3wv NOI1tl011ddtl NVId 311S a - - -k k - 1 C iiI � t � v � 00 , � ddEEE � � t 46 V EULLE_ UULLE- EEr. � ddEELLE= E 'f ► t k N fk IL - :� c J Z cLa " z E E E E= H b L+ t_ K_ E m W O Z R ws<<z as on�a o„ d I. Y IM5� s 1 D 3 1 1 H 113111430 31vaodao0 vanlN3nv H:)I AO:)SAZ =�4 emivantl uanaaxz aamaa s^��€-.�.z _4 1N wailli tl NOI1tl011ddtl NVId 311 a � a Imo_= �l �1 EMI V 3. w� -x .. o _ 2 t i z a a oc m 0 N Z O C:1 Z G G Z G �1 • e tit, a I � dq r r J E f , ly �tvr. a Ar �'�'`I'�,_ 11 v.,ems. ♦ _ �.. � �- �� � �'�, � Its®♦� �� . •�i`�.l,�i � 1�r / J c 7 '��• � �t -tea a .z AVENTURA CORPORATE CENTER INDEX LIST A-000 Cover A-010 Fire Department Site A-001 Data Sheet Access Plan A-001.1 Data Sheet A-100 Context Site Plan A-002 Setback Diagram A-101 Site Plan Ground Floor A-003.1 Lot Coverage Diagram A-101A Site Plan Mexx. Floor A-003.2 Open Space Diagram A-102 Site Plan 2nd Floor A-004 GFA:"NFA Diagram A-103 Site Plan :1A-3rd Floor A-005 Phasing diagram iB 2nd Floor Mexx. A-006 Context Photos A-1O4 Site Plan 4th Floor A-105 Site Plan 5th Floor Survey A-106 Site Plan Gth Floor A-107 Site Plan 7th Floor C-1.0 General Notes A-108 Site Plan Sth Floor C-2.0 Civil Site Plan A-109 Site Plan 9th Floor C-3.0 Pavement Details A-110 Site Plan 1Oth Floor C-4.0 Water distribution Plan A-111 Site Plan IIth Floor C-5.0 Sewer Distribution Plan A-112 Site Plan 12th Floor C-0.0 Water& Sewer Details A-113 Site Plan 13th, 15th & C-7.0 Drainage Plan 17th Floor C-8.0 Drainage details A-114 Site Plan 14th, 15th & C-9.0 Signing& Pavement Marking Plan iBth Floor C-10.0 Signing& Pavement Marking Notes A-115 Site Plan 19th Floor & Details A-116 Site Plan 20th Floor C-11.0 Grading Plan A-117 Site Plan 21st& 23rd Floor C-12.0 Erasion Control Notes& details A-lit Site Plan 22nd &24th Floor A-119 Site Roof Plan LA-00 Cower Sheet A-201 Building 1A Elevations LA-01 General Notes & Landscape Legend A-202 Building 1A Elevations 1.7-01 Tree Mitigation Plan-Key Plan A-203 Building 1B Elevations 1.7-01AA Tree Mitigation Plan-Northwest A-204 Building 1B Elevations 1.7-01.18 Tree Mitigation Plan-Southwest A-301 Sections 1.7-01.2 Tree Mitigation Plan-Northeast A-401 Renderings 1.7-02 Tree Management Schedule A-402 Renderings 1.7-03 Tree Management Schedule A-403 Renderings LP-01 Planting Plan-Ground Floor Key Plan A-404 Renderings LP-01AA Ground Level Planting Plan-Northwest A-405 Renderings LP-01AB Ground Level Planting Plan-Southwest A-501 Material Board LP-01.2 Ground Level Planting Plan-Northeast A-502 Material Board LP-02 Planting Plan-Bldg ilk-Amenity deck A-701 Typical Unit Layouts LP-06 Planting Plan-Bldg iB-Amenity deck A-702 Typical Unit Layouts LP-07 Image Board A-703 details LP-08 Planting Schedule A-600 Signage Site PJan CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(E) OF THE CITY CODE OF ORDINANCES, (1) TO PERMIT A DENSITY OF 47 DWELLING UNITS PER ACRE, WHERE THE CITY CODE PERMITS 25; (2) TO PERMIT HEIGHTS UP TO 24 STORIES (260'), WHERE THE CITY CODE PERMITS 10 STORIES (100'); (3)TO PERMIT UNITS WITH FLOOR AREAS NO LOWER THAN 658 SQUARE FEET WHERE THE MINIMUM REQUIREMENT IS 900 SQUARE FEET; AND (4) TO PERMIT 1,690 PARKING SPACES, WHERE 2,112 SPACES ARE REQUIRED BY THE CITY CODE FOR THE PROPERTY LOCATED AT 20801-20807 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31, "Land Development Regulations", Article VII, Use Regulation, Section 31-145(e) "Town Center Office Park Mixed Use (TC4) District" of the City Code of Ordinances, the Applicant, Bercow, Radell, Fernandez & Tapanes on behalf of Aventura Opportunity Owner LLC, has applied to the City of Aventura (the"City") for the modification of a previously approved Conditional Use approval (Application No. CUP2111- 0001) related to the development of a mixed use project (the "Development") located at 20801-20807 Biscayne Boulevard, in the TC4 District, as legally described in Exhibit "A" (the "Property"); and WHEREAS, pursuant to City Code Section 31-145(e)(4)o, the Applicant has requested Conditional Use Approval to permit a density of 47 dwelling units per acre, where the City Code permits 25; and WHEREAS, pursuant to City Code Section 31-145(e)(4)b, the Applicant has requested Conditional Use Approval to permit heights up to 24 stories (260'), where the City Code permits 10 stories (100'); and WHEREAS, pursuant to City Code Section 31-145(e)(4)e, the Applicant has requested Conditional Use Approval to allow floor areas ranging from 658 SF to 945 SF for one and two-bedroom units, where the City Code requires minimum floor areas ranging from 900 SF to 1,050 SF for these units; and WHEREAS, pursuant to City Code Section 31-145(e)(4)i, the Applicant has requested Conditional Use Approval to permit 1,690 parking spaces (in accordance with a shared parking allowance based upon the mix of uses proposed for the property), where 2,112 spaces are required by Code; and City of Aventura Resolution No. 2023- WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein, and it is in the best interest of the City to grant the request for Conditional Use Approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing " WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2.The application for Conditional Use (1)to permit densities of 47 dwelling units per acre, where the City Code permits 25; (2) to permit heights up to 24 stories (260'), where the City Code permit 10 stories (100')7 (3) to permit floor areas that are less than the minimum required by the City Code; and (4) to permit 1,690 parking spaces (in accordance with a shared parking allowance based upon the mix of uses proposed for the property), where the City Code requires 2,112 spaces for the Property is hereby granted, subject to the conditions set out in Section 3 of this Resolution. Section 3. Approval of the application above is subject to the following conditions- 1. Building permits must be consistent with drawings as submitted on May 3, 2023 and listed in Exhibit B, unless otherwise subsequently amended by an administrative site plan approval. The referenced plans are being reviewed under Administrative Site Plan Approval regulations, the TC-4 zoning district regulations, and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. Contribution toward the expansion of the City's Freebee circulator service in the amount of$125,000 per year for 10 years with the first payment due before the issuance of the first permit for the project and each of the next 9 payments due on the respective anniversary date of the first payment. 3. Concurrent with the issuance of a certificate of occupancy of any kind (i.e. temporary or final)a shuttle service specifically to and from the Brightline station will be provided to residents of the development by the owners/operators of the building. 4. A contribution of $250,000 toward the capital costs related to construction of a new charter school for the City will be made prior to the issuance of a permit for vertical construction of any residential building. A second contribution of $250,000 for the same purpose will be made by the 5-year anniversary of the first payment. Page 2 of 4 City of Aventura Resolution No. 2023- 5. A deed restriction, in a form approved by the City Attorney, will be recorded agreeing that the property, and residential units thereon, will comply with the City's restriction on short term rentals, which states that any rental for less than 90 days is considered a hotel. (Hotel use is not included in the project being approved with this conditional use) 6. Prior to receiving permits for any permanent structure, obtain Miami-Dade County Schools' issuance of a finding that School Concurrency has been met and pay applicable School Impact Fees. Section 4. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 5. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 6. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg Page 3 of 4 City of Aventura Resolution No. 2023- PASSED AND ADOPTED this 5t" day of September, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2023. CITY CLERK Page 4 of 4 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ONE: A PORTION OF TRACT "A", OF "AVENTURA CORPORATE CENTER", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 158, AT PAGE 47, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT "A"; THENCE N 88°10'38" E, ALONG THE NORTH LINE OF SAID TRACT "A", FOR 556.00 FEET; THENCE S 11 °19'21" W FOR 335.30 FEET; THENCE S 00°43'51" E FOR 205.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID TRACT "A"; THENCE N 78°02'44" W, ALONG THE SOUTHERLY LINE OF SAID TRACT "A", FOR 652.55 FEET; THENCE N 28°31'25" W, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT "A", FOR 35.00 FEET; THENCE N 22°43'18" E, ALONG THE WESTERLY LINE OF SAID TRACT "A", SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD (STATE ROAD U.S. NO. 1), FOR 363.12 FEET; THENCE N 55026'58" E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT "A", FOR 27.03 FEET TO THE POINT OF BEGINNING. PARCEL TWO: TRACT "A", OF AVENTURA CORPORATE CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 158, AT PAGE 47, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT "A"; THENCE N 88°10'38" E, ALONG THE NORTH LINE OF SAID TRACT "A", FOR 556.00 FEET; THENCE S 11'19'21" W FOR 335.30 FEET; THENCE S 00°43'51" E FOR 205.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID TRACT "A"; THENCE N 78002'44" W, ALONG THE SOUTHERLY LINE OF SAID TRACT "A", FOR 652.55 FEET; THENCE N 28°31'25" W,ALONGTHE SOUTHWESTERLY LINE OF SAID TRACT "A", FOR 35.00 FEET; THENCE N 22-43-18" E, ALONG THE WESTERLY LINE OF SAID TRACT "A", SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD (STATE ROAD U.S. NO. 1), FOR 363.12 FEET; THENCE N 55°26'58" E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT "A", FOR 27.03 FEET TO THE POINT OF BEGINNING. AND LESS THAT PORTION CONVEYED TO NORWICH AVENTURA II LLC, A DELAWARE LIMITED LIABILITY COMPANY, BY SPECIAL WARRANTY DEED, RECORDED DECEMBER 18, 2014, IN OFFICIAL RECORDS BOOK 29434, AT PAGE 3641, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT "A"; THENCE N 88°10'38" E, 4871-4053-9419,v. 1 ALONG THE NORTH LINE OF SAID TRACT "A", FOR 556.00 FEET; THENCE S 11°19'21" W FOR 335.30 FEET; THENCE S 00°43'51" E FOR 18.03 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUES 00°43'51" E FOR 187.14 FEET TO A POINT OF THE SOUTHERLY LINE OF SAID TRACT "A"; THE FOLLOWING EIGHT (8) COURSES BEING ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID TRACT "A"; (1) THENCE S 78002'44" E FOR 73.05 FEET TO A POINT OF CURVATURE; (2) THENCE SOUTHEASTERLY ALONG A 1438.00 FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A CENTRAL ANGLE OF 04011'01" FOR AN ARC DISTANCE OF 105.00 FEET; (3) THENCE N 07°04'25" E FOR 45.00 FEET; (4) THENCE S 82055'35" E FOR 35.00 FEET; (5) THENCE S 07°04'25" W FOR 45.00 FEET TO A POINT ON A CIRCULAR CURVE WHOSE RADIUS POINT BEARS N 06022'35" E; (6) THENCE SOUTHEASTERLY ALONG A 1438.00 FOOT RADIUS CURVE LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 04033'05" FOR AN ARC DISTANCE OF 114.23 FEET TO A POINT OF COMPOUND CURVATURE; (7) THENCE EASTERLY AND NORTHERLY ALONG A 25.00 FOOT RADIUS CURVE LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 94045'02" FOR AN ARC DISTANCE OF 41.34 FEET TO A POINT OF TANGENCY; (8) THENCE N 02055'32" W FOR 254.38 FEET; THENCE S 87004'34" W FOR 138.61 FEET; THENCE S 37012'35" W FOR 30.60 FEET; THENCE S 87°04'34" W FOR 86.00 FEET; THENCE S 18040'06" W FOR 7 .39 FEET; THENCE S 87°04'34" W FOR 93.63 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE NON-EXCLUSIVE EASEMENTS AS SET FORTH AND FURTHER DESCRIBED IN SECTION 3(D) OF THAT CERTAIN PARKING AGREEMENT, RECORDED DECEMBER 18, 2014, IN OFFICIAL RECORDS BOOK 29434, AT PAGE 3651, AND SECTION 3 OF THAT CERTAIN AMENDED AND RESTATED EASEMENT AND OPERATING AGREEMENT, RECORDED DECEMBER 18, 2014, IN OFFICIAL RECORDS BOOK 29434, AT PAGE 3695, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 4871-4053-9419,v. 1 va am uwnoo3a 'KNOnu�3evao s� "gip isv3 zv 3oeva cn Hinos Asa xsemoi ec eouo3s aoen meaoen 3s S 1 > 3 1 I H D N V � v b131N30 31vaodao0 vanlN3nv H�I AO�SAZ ��. a = A Q e�n�uantl naaxz s`��. 1N3WON3WV NOI1tl011ddtl NVId 311S v � Age F � ■ F d a �L I �1y 1. IL IL ol I V� 11,E uj I 1 t .y. II 11 •�I p I m s. c� ��'Y .• �--x �i J n� Q _ W i C doom ,.���3a�wd n N.��,Oe a31N3o31vaodaoovanlN3nv H7IAO7SAZ Mga '= E A e�n�uantl uanaaxz aavry gp��£e- 1N3WON3wv NOI1tl011ddtl NVId 311S a F, i I a hl ci Q W S F 0 Q z Y O O e J N (i m O O z W cc doom ,.���3a�wd n N.��,Oe a31N3o31vaodaoovanlN3nv H7IAO7SAZ200 e�n�uantl uanaaxz aavry gp��£e. 1N3WON3wv NOI1tl011ddtl NVId 311S a - - -k k - 1 C iiI � t � v � 00 , � ddEEE � � t 46 V EULLE_ UULLE- EEr. � ddEELLE= E 'f ► t k N fk IL - :� c J Z cLa " z E E E E= H b L+ t_ K_ E m W O Z R ws<<z as on�a o„ d I. Y IM5� s 1 D 3 1 1 H 113111430 31vaodao0 vanlN3nv H:)I AO:)SAZ =�4 emivantl uanaaxz aamaa s^��€-.�.z _4 1N wailli tl NOI1tl011ddtl NVId 311 a � a Imo_= �l �1 EMI V 3. w� -x .. o _ 2 t i z a a oc m 0 N Z O C:1 Z G G Z G �1 • e tit, a I � dq r r J E f , ly �tvr. a Ar �'�'`I'�,_ 11 v.,ems. ♦ _ �.. � �- �� � �'�, � Its®♦� �� . •�i`�.l,�i � 1�r / J c 7 '��• � �t -tea a .z AVENTURA CORPORATE CENTER INDEX LIST A-000 Cover A-010 Fire Department Site A-001 Data Sheet Access Plan A-001.1 Data Sheet A-100 Context Site Plan A-002 Setback Diagram A-101 Site Plan Ground Floor A-003.1 Lot Coverage Diagram A-101A Site Plan Mexx. Floor A-003.2 Open Space Diagram A-102 Site Plan 2nd Floor A-004 GFA:"NFA Diagram A-103 Site Plan :1A-3rd Floor A-005 Phasing diagram iB 2nd Floor Mexx. A-006 Context Photos A-1O4 Site Plan 4th Floor A-105 Site Plan 5th Floor Survey A-106 Site Plan Gth Floor A-107 Site Plan 7th Floor C-1.0 General Notes A-108 Site Plan Sth Floor C-2.0 Civil Site Plan A-109 Site Plan 9th Floor C-3.0 Pavement Details A-110 Site Plan 1Oth Floor C-4.0 Water distribution Plan A-111 Site Plan IIth Floor C-5.0 Sewer Distribution Plan A-112 Site Plan 12th Floor C-0.0 Water& Sewer Details A-113 Site Plan 13th, 15th & C-7.0 Drainage Plan 17th Floor C-8.0 Drainage details A-114 Site Plan 14th, 15th & C-9.0 Signing& Pavement Marking Plan iBth Floor C-10.0 Signing& Pavement Marking Notes A-115 Site Plan 19th Floor & Details A-116 Site Plan 20th Floor C-11.0 Grading Plan A-117 Site Plan 21st& 23rd Floor C-12.0 Erasion Control Notes& details A-lit Site Plan 22nd &24th Floor A-119 Site Roof Plan LA-00 Cower Sheet A-201 Building 1A Elevations LA-01 General Notes & Landscape Legend A-202 Building 1A Elevations 1.7-01 Tree Mitigation Plan-Key Plan A-203 Building 1B Elevations 1.7-01AA Tree Mitigation Plan-Northwest A-204 Building 1B Elevations 1.7-01.18 Tree Mitigation Plan-Southwest A-301 Sections 1.7-01.2 Tree Mitigation Plan-Northeast A-401 Renderings 1.7-02 Tree Management Schedule A-402 Renderings 1.7-03 Tree Management Schedule A-403 Renderings LP-01 Planting Plan-Ground Floor Key Plan A-404 Renderings LP-01AA Ground Level Planting Plan-Northwest A-405 Renderings LP-01AB Ground Level Planting Plan-Southwest A-501 Material Board LP-01.2 Ground Level Planting Plan-Northeast A-502 Material Board LP-02 Planting Plan-Bldg ilk-Amenity deck A-701 Typical Unit Layouts LP-06 Planting Plan-Bldg iB-Amenity deck A-702 Typical Unit Layouts LP-07 Image Board A-703 details LP-08 Planting Schedule A-600 Signage Site PJan