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10-19-2023 Commission Workshop Agenda The C' Y of City Commission Aven" ura Workshop Agenda October 19, 2023 Following 9:00 a.m. City Commission Special Meeting Aventura Government Center 5t" Floor Executive Conference Room 19200 W. Country Club Drive, Aventura, FL 33180 1. Call to Order/Roll Call 2. Pledge of Allegiance 3. Update: Founders Day Celebration (City Manager)** 4. Discussion: Proposed Padel Park at Cardone Capital — Conditional Use (City Manager)** 5. Discussion: Waterways Townhomes Variance to Allow for Gated Entry (City Manager)** 6. Discussion: Public Storage on Biscayne Boulevard — Conditional Use and Variances for Expansion (City Manager)** 7. Discussion: Minimum Zoning Code Revisions to Comply With Rapid Transit Zone (RTZ) Requirements (City Manager)* 8. Discussion: Live Local Act (State Preemption of Local Zoning for Affordable Housing) (City Manager) 9. Discussion: Approval Request for Proposed Ordinance Amendment - SECURE 2.0 Act Compliance (City Manager)* Future Action Required: Ordinance 10. Discussion: Israel Solidarity Resolution (Mayor Weinberg) Future Action Required: Resolution 11. City Clerk's Annual Review 12. Adjournment *Back-up Information Exists ** PowerPoint Presentation 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(a),cityofaventura.com, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may participate in the meeting.Agenda items are available online at cityofaventura.com for viewing and printing.Copies of agenda items can also be requested through the Office of the City Clerk at 305-466-8901 or cityclerk@cityofaventura.com. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (9L BY: Keven Klopp, Community Development Director DATE: October 13, 2023 SUBJECT: Proposed Minimum Amendments to the Land Development Regulations of the City of Aventura to Comply with Miami-Dade County's Rapid Transit Zone Expansion Ordinance October 19, 2023 City Commission Workshop Agenda November 7, 2023 Local Planning Agency Meeting Agenda November 7, 2023 City Commission Meeting Agenda (First Reading) January_, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve amendments to the City of Aventura Land Development Regulations (the "LDRs") to increase the floor area ratio (FAR) cap to a minimum of 1.0 for the RMF3B and B-1 zoning districts and create a new Zoning District RMF3T specifically for properties currently zoned RMF3 that fall within the County's Rapid Transit Zone Corridor. THE PROPOSED AMENDMENTS There are three City of Aventura zoning districts within the County's Rapid Transit Zone Corridor that have floor area ratio caps below the County-required minimum of 1.0: Multifamily Medium Density Residential Districts RMF3 and RMF3B, and Neighborhood Business District B1. Their existing FAR caps are, respectively, 0.8, 0.9, and (effectively) 0.51. Under current zoning regulations, properties under these zoning districts won't be allowed to achieve densities of 1.0. The amendments and rezonings proposed would raise the FAR cap in each district to the County minimum of 1.0. BACKGROUND Miami-Dade County, on September 1, 2022, adopted Ordinance 22-106 which, in summary as it relates to the City of Aventura, requires the City to amend its Zoning to ensure a minimum development intensity is allowed along the County's Rapid Transit Zone Corridor. The necessary amendments are to be completed by the City prior to September 1, 2024. Staff recently obtained a copy of the zoning analysis the City of Miami Beach submitted to the County in which the City explained that their FAR caps were already compliant with the County requirement. The County accepted Miami Beach's analysis and advised them that their regulations were compliant (Exhibit #1). While Miami Beach's FAR regulations are structured differently than Aventura's, the County's acceptance of their analysis made it possible to identify the minimum revisions needed to make Aventura's zoning compliant. THE PROPOSED AMENDMENT The proposed amendments to Sections 31-143 and Sec. 31-144 of the Land Development Regulations add one story of allowed height in each of the three districts, two of which are existing (RMF3B and B-1). The third district, RMF3T, is a proposed new zoning district mirroring RMF3, but providing a slight intensification from 0.8 to 1.0 FAR and from 4 stories to 5 stories height limit. RMF3 regulations, as well as the parcels zoned RMF3 outside of the RTZ, will remain unchanged (Exhibit#2). Parcels currently within the RMF3 District that are also within the County's RTZ will be rezoned to RMF3T. Exhibit#3 identifies the RTZ, the three zoning districts involved, and the parcels impacted. The height limit in RMF3B increases from four (4) stories to five (5) stories. The height limit in B1 increases from two (2) stories to three (3) stories. Adding a story of height allows the FAR allowances in those three districts to increase to the County minimum of 1.0 without disrupting the intended impact on the FAR system as it currently exists in the Code. ANALYSIS The existing Code's use of FAR, in essence, requires increasingly smaller footprints as buildings get increasingly higher. By adding one floor to each of the districts' height allowance, and then following the systematic FAR allowance increase accordingly, each District's FAR cap reaches 1.0. This approach to gaining compliance with the County requirement is minimalistic. A much more robust consideration of the appropriate intensity limits and the development regulations that should be enacted to provide for quality development and redevelopment in the years to come is underway. Density and intensity allowances that encourage a smart, more urban, transit-oriented community will be considered in a holistic fashion. The minimalist approach does not take the MUC (Metropolitan Urban Center), Uptown Aventura, the Town Center Districts, Point East, nor the majority of the area known as hospital south into consideration. The minimalist approach proposed would grant slightly increased as-of-right allowances to several properties that are wholly or partially within the RTZ as follows: • RMF3T: The as-of-right development that could proceed within the new RMF3T Zoning District will be one story taller than what was previously allowed. • RMF3B: The parcels zoned RMF3B already have, via conditional use approvals, constructed developments that exceed the County minimum. Thus, while these 2 parcels will be granted slightly increased as-of-right allowances pursuant to the County mandated changes, the revisions to that zoning district will have no physical impact. • B1: This zoning district, which consists of four small commercially-developed parcels on the west side of Biscayne Boulevard and south of Aventura Hospital, will now provide as of right parameters of three stories and 1.0 FAR as compared to the existing allowance of two stories and 0.51 FAR. The proposed amendments were reviewed by staff under the Standards for reviewing proposed amendments to the text of the LDR in Section 31-77(g) of the City Code of Ordinances- (1) The proposed amendments are legally required. The proposed amendment is legally required to conform with Miami-Dade County's RTZ requirements. (2) The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. The proposed amendments maintain consistency with the goals and objectives of the Comprehensive Plan. (3) The proposed amendments are consistent with the authority and purpose of the LDR. The proposed amendments are 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 amendments further the orderly development of the City. The proposed amendments further the orderly development of the City as per details provided above. (5) The proposed amendments improve the administration or execution of the development process. The proposed amendments improve the execution of the development process as they provide increased development opportunities within proximity to transit. 3 EXHIBIT#1 Department of Regulatory and Economic Resources Development Services Division MIAMI-DARE 111 NW 1st Street - Suite 1110 Miami, Florida 33128-1900 T 305-375-2842 www.miarnidade.gov/economy June 27, 2023 City of Miami Beach Planning Department Attn: Thomas Moody, Planning Director 1700 Convention Center Drive Miami Beach, FL 33139 RE: Miami-Dade County SMART Rapid Transit Zone Designation Thomas After a review of the extensive analysis provided by the City of Miami Beach ("City") in its letter dated March 29, 2023, we have determined that the City, through its current regulations, is either consistent with or is exempt from Miami-Dade County regulations pertaining to the Smart Corridor Rapid Transit Zone applicable to municipalities. This consistency includes exemptions and requirements to comply with the minimum FAR regulations provided in sections 33C-2(B)(2), 33C-3.3(A)(2)(d), and 33C-3.3(C), which are met by current City FAR requirements or are exempt due to historic property designations. Should you have any further questions, please do not hesitate to reach out to me. Regards, 1`GG Nathan Kogon, AICP, Assistant Director Development Services Division Attachment CC: Amina Newsome, Senior Division Chief, Development Services Division MIAMIBEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139. www.miamibeachfl.gov PLANNING DEPARTMENT Tel: 305-673-7550, Fax: 305-673-7559 March 29, 2023 Miami-Dade Department of Regulatory and Environmental Resources Development Services Division Attn: Nathan Kogon, Assistant Director for Development Services 111 NW 1st Street, 11th Floor Miami, FL 33128-1902 (305) 375-2835 Re: Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach. Dear Mr. Kogon: As you are aware, Miami-Dade County has approved the Strategic Miami Area Rapid Transit (SMART) Program to advance the construction of five rapid transit corridors of the People's Transportation Plan (PTP). The SMART Plan includes a "Beach Corridor." Per the map below,the Beach Corridor includes the entirety of the MacArthur Causeway, 5th Street between the MacArthur Causeway and Washington Avenue,and Washington Avenue between 5th Street and the Convention Center at 17th Street(See excerpt below from the SMART Plan). Miami Beach Convention Center Terminal 0 MIAMI BEACH =0r Washington Ave &55t Lennox �} &5 St NORTH Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 2 of 19 Chapter 33C of the Miami-Dade County Code, entitled "Rapid Transit System — Development Zone" provides countywide regulations in the vicinity of existing and proposed rapid transit lines. Pursuant to Section 33C-2, Miami-Dade County has designated the area located within one-half mile of each of the SMART Plan Corridors as part of the Rapid Transit Zone (RTZ). Additionally, "Rapid Transit Corridor Station Areas" (RTCSA) consist of County-owned land areas within the Rapid Transit Zone that are used for bus lanes, station sites, parking areas for public transit system, or maintenance shop facilities. "Rapid Transit Corridor Bicycle and Pedestrian Area" (RTCBPA) consists of County-owned land areas within the Rapid Transit Zone that are located underneath the fixed guideway structures and within the Metrorail corridor right-of-way, excluding lands within the Rapid Transit Corridor Station Areas.Areas within municipalities that are not part of the RTCSA and RTCBPA are assigned to the "SMART Corridor Subzone." Municipal Requirements: Section 33C-3.3 provides SMART Corridor Subzone regulations that are applicable in incorporated areas. Sub-section 33C-3.3 (A)(1) indicates that the following areas, which are applicable to the City of Miami Beach, are excluded from the requirements of the SMART Corridor Subzone regulations: (b) Lands included within an urban center or urban area district pursuant to Chapter 33. (c) Lands that are zoned for, or developed with, single-family or two-family residences and that are not part of a mixed-use development. (g) Fisher Island. Exempt Areas: The Miami-Dade County Comprehensive Development Master Plan (CDMP) Land Use Plan contains a designated Metropolitan Urban Center at approximately Lincoln Road and Meridian Avenue. The Land Use Element of the CDMP establishes the radius of Metropolitan Urban Centers as follows: Designated Metropolitan Urban Centers shall extend not less than one-quarter mile walking distance from the core of the center or central transit stop(s) and may extend up to one-half mile from such core or transit stops along major roads and pedestrian linkages. The map below identifies the area located within one-quarter mile of the designated Metropolitan Urban Center,that would otherwise fall within the SMART Corridor Subzone. Therefore, pursuant to Sub-section 33C-3.3 (A)(1), this area is exempt from the SMART Corridor Subzone regulations in Section 33C-3.3. A separate analysis of the Urban Center will follow the analysis of the SMART Corridor Subzone Regulations. Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 3 of 19 HD 1 ry95g8 GU RSA c_ RIM-3 of Miami Beach Zoning Atlas ' _e_ s.�waar sz IRS-2 Gu ® Miami Beach Metropolitan Urban Center 5 � Gu3! Q Metropolitan Urban Center 3 ST RM= RS-2 1� ■eee9e SMART Plan Beach Corridor 29rH-sT RS 3- 1 Distance From SMART Plan Corridor One-Quarter Mile From SMART Plan Corridor R'S 'a Gu r c SR R5 3 RS-3 RS•3 w li Q One-Half Mile From SMART Plan Corridor nr o -z E_ Mrs z One Mile From SMART Plan Corridor A=z RS 3 t"- S S RSA e� 2r�o l G- RM-2C% - i RM-3 �A- / I 1 19TH 5T Ir IRS-3G.U-1_1II CD%RS ii I CCC � CAD- — IF I 2 2! 1 RM j RS-3 RM 1 GU CID-2 2/ �CD.2;, 17TH ST' �i, IRS-4 IRS-4 GU G GU RM 7 w LINCULN:RD S-4 i y , - 3 i h RM-2 {i-r - O _16TH 5T� Y- ,011 - I RM_1 C®�1_ _ m - u E RM-3� �z <. GU .� GU r a 1 GU a p C-D IJ r z It p[i 117H ST RM I� GU � H T / RS-1. r 1 kF U rr� © rf ; g � _ G FE� �tGi,r i4h�.v1 4 cD�I�L�R�,1 � cD�•�'t z z V f kGUJ _ CD 2 .RIVU i c0i o � D 1 6TH•ST-V- �D- cPs z c 'C-,�_7C�u==-71CD CPS- - r /✓ �' PS-4,�gTH�sT gIPS-, GU 1URPS- 5 S-RP5 3 1-1 GU I`1 RIMPS-1 U PS r I CPS-4 GO CPS-1 GU! C_PS-3 M RIPS-4 G U RM\PRD� .� 0 0.125 0.25 0.5 Miles �� r Single-family districts are designed as RS-1, RS-2, RS-3, and RS-4 on the City's Zoning Atlas, pursuant to the City of Miami Beach Land Development Regulations (LDRs). The areas highlighted in the map below are located in single family zoning districts,that would otherwise fall within the RTZ. Therefore, pursuant to Sub-section 33C-3.3 (A)(1), these areas are exempt from the RTZ regulations in Section 33C-3.3. Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 4 of 19 HD 195e8 GU RS-4 1 Cityof Miami Beach ZoningAtlas } RS-3 wsarys7" RS 2 GU� � GU � ®Single Family Districts �;� RM-3! RS- JGU. Miami Beach Metropolitan Urban Center w 30TN ST-u;. w M Q Metropolitan Urban Center Rs z W 29TH S7 a RM-1 as RS-3 �.w r,.s�. WO ry H SMART Plan Beach Corridor Q�Wt2aj;' sr Z Distance From SMART Plan Corridor a RSRS-4 GU SPERs-3R. I,MM� RS-2 RS-3 RS-3 u VVD One-Quarter Mile From SMART Plan Corridor GU Y. v o GU PE M 1 -2 One-Half Mile From SMART Plan Corridor RS-3 r3 One Mile From SMART Plan Corridor RS-3 RS-4 GUM.1 i0p GU ; Y RS-3 M2 RM?2 1 RM 3 r GU R•M-1 � 'L 19 HH-ST; - i RS-3 G_Dil-1T CD j RS 4 RS-3 (����' G1 CD / RM-1 17TH ST RM-1 V`Y,jCD 2 .G 5 RS-4 RS-4 GU ; G�:_- w LINCOLN RD RM-2 RM-2 a -_ fi_ a ¢ RM-3 RM 1, G 9-1 T.H �Z j MXE U Lr' a GU RS-4 w E, �! -1 - w n r J GU o GU ? e Dlzi q, q G r 'U m r' d GU LU _RM-2 p 19TH ST z- F _I U RM=1 p 1 i y 4 YCD CD2.1 z 2 STH ST L. C&127TH5T- w I �'v O GU ` I) CIO CPS-2 C+P's- 4TH ST PS RPS-1 PS 2 Pg, : ' GWG G 11 U I`1 pS-4 GAPS GUCPS-1 GU C -3 RPS-4 GU N 1 r- RM-PR�* �. 111 8 0 0.125 0.25 0.5 Miles ®��RE s Portions of Fisher Island that are within the City of Miami Beach are not within the RTZ; however, pursuant to Sub-section 33C-3.3 (A)(1), the entirety of Fisher Island is exempt from the RTZ regulations in Section 33C-3.3. The map below identifies the portion of Fisher Island that is within the City of Miami Beach and within one-half and one mile from the SMART Plan Corridor. Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 5 of 19 H61195fe GU RS-4,:�/ _ _ RM-3� City of Miami Beach Zoning Atlas 34r,;57 5� Rs-z GU Fisher Island Area within the City of Miami Beach RS_/,/ M ® R RM-3� . RS-4 1GU. Miami Beach Metropolitan Urban Center W 30TH ST Metropolitan Urban Center W 29TH sT 3-. ww®-try RS- - s moons[ SMART Plan Beach Corridor �� �w2ss� U sr ffo=_11) RS` GU RS 3 R,RRM Distance From SMART Plan Corridor rs SPE lIM RS-3 z-D iOne-Quarter Mile From SMART Plan Corridor �j` = GU PE M-f 2 One-Half Mile From SMART Plan Corridor URS -� One Mile From SMART Plan Corridor ftll_�l GU 1 -RM _ RM_q ' 19TH•ST i GD_7 RS 3I'I� — CD- - r -Z = RS-3 _ r _- G 2 -'i --M= I117-TH-ST� RM RM-1 CD, LU IRS-4 RS-4 GU t - w LINCOLN RO RM�I 4 RM-2 - -167H STI Z_ - m C�pD-1 u" RM- Cb�1 `;rn� u 1 l MXE 1 3 UU F �"4 T G U }' r' ' 1 1� GU 2I GU 4� L S 4 m F .p U f 1-1THiST W_ GU��� RS — �I =r.f'.U9 >y Ll RSrI. RM I2 R 10TH S F 0,j t w U J uU:i x JJ, R D- RM a CDIZ11 y o I, STH,ST � ii � w o _ - w - i �nC e f4 CND 71 5T I v O J � R Mgq-2�t) � 6TH•S GU CPS-2 i C �C7CaCCaC7C�� r p _—,I CPS_ 'I THfe STV!�p PS-4 -r~�y GU�S-1J ` �J ,,•:> RPS3- 4 G I-9 (3,R GU 1 RMPS-1 GUY1G S-++4 CPS- GUCPSUJ CPS-3 RPS-4 GU N Fisher Island RM-PRD 0 0.125 0.25 0.5 Miles Floor Area Ratio Requirements: Sub-section (2) provides the SMART Corridor Subzone regulations that are applicable to municipalities. The only zoning requirement that is applicable to municipalities is the "Minimum floor-area ratio requirement" (FAR), as follows: (d) Minimum floor-area ratio requirement. Notwithstanding any provision to the contrary, municipal zoning districts and development standards for all new development and Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page b of 19 redevelopment within urban centers and rapid transit activity corridors, as defined below and as applicable, shall provide at least the minimum floor area ratio specified within the applicable floor area ranges provided in Sub-section (C), except where such minimums would result in: (i) Incompatible development encroaching into, or being established adjacent to or abutting, existing single-family or two-family neighborhoods; or (ii) Existing single-family or two-family neighborhoods being required to redevelop; or (iii) Development that is contrary to the requirements of a municipal historic preservation ordinance or Chapter 16A, as applicable, for a property or district that has been designated as historic pursuant to such historic preservation regulation. Sub-section 33C-3.3 (C)(1) provides the specific minimum FAR requirements for properties located within the SMART Corridor Subzone. See the table below for the applicable regulations: Mixed-Use Developments Located Floor Area Within RTAC and: Ratio Range One-quarter mile of Metrorail or SMART 1.0 to 2.0 Plan corridor Between one-quarter mile and one-half 1.0 to 1.5 mile of Metrorail or SMART Plan corridor Between one-half mile and one mile of 0.5 to 1.25 Metrorail or SMART Plan corridor While Sub-section, 33C-2 (13)(2) only designates the area within one-half mile of each of the SMART Plan Corridors as part of the RTZ, Sub-section 33C-3.3 (C)(1) provides regulations for the area up to a mile away from the SMART Plan Corridors. In an abundance of caution, this analysis will consider the area within a mile of the Beach Corridor SMART Plan Corridor for compliance with the RTZ regulations. Also, in an abundance of caution,this analysis will include the land within the designated Metropolitan Urban Center. The map below identifies the non-exempt City of Miami Beach Zoning Districts that are within one mile of the Beach Corridor SMART Plan Corridor,with marks identifying the areas within one-quarter mile and one-half mile, for identifying consistency with the FAR regulations in Sub-section 33C-2 (13)(2). Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 7 of 19 HD 1,1g6ee GU IRS-4 RM-3 j City of Miami Beach Zoning Atlas RS-3-W34THS7- RS-2 GU i RS-2 Miami Beach Metropolitan Urban Center RS-4 RS 3 G3j U Q Metropolitan Urban Center W 30TH ST 7 w f 1 M SMART Plan Beach Corridor RS z wzsrHsr a RjM- RS-3 SS W ?1 9Ty Distance From SMART Plan Corridor One Quarter Mile From SMART Plan Corridor Rs-2 w RS 2 GU a a S PE g_3R RM R5- - RS-3 RS-3 u One-Half Mile From SMART Plan Corridor �u a m 1 GU �"P 7 2 SP.1 W-4 One Mile From SMART Plan Corridor Rs-3 v v y _ Exempt Areas ---RS-3 RS-4 GU M.�1,� i GLI All 3Lzy i RM 3 �i RM 1 19TH ST II RS-3 GUil R CC RS-3 G RM- d -17-TH-ST- RM-1 11 RS-4 RS4 RS-4 Gu ; G._ w LINGOLN-RD RM-2 0 q �. 16TH S. - .. m - a '�"�I i li.a IIC RS-3 RM-3 RM 1 C�-I T �Z a�I MXE LLI 19UG\ 3 DU¢ fa - }'1 2GU �G171O i=i,t \ o G U L�n¢ 11TWST w C �s-i.� RM 2 1aTH sr q R,, u RS_ .\ CD E RM 1 p CD21�CCr STH ST GU C V Dg2 T w i i7 0 7TH S I W zr - 6TH•ST. UI�. �.1 GJJ G+D- CPS-2 i PS-_ 4TH ST �P$-4 RPS-1 RS 2 ' GU 1G PS 3 �o I1 - U u Ps- GPS- GCPS-1 GU CP -3 Mi RPS-4 Gu N Fisher Island RM-PRD 0 C.125 0.25 0.5 Miles +1 — - a Ha 6 Area Within One-Quarter Mile: The non-exempt areas within one-quarter mile of the Beach Corridor SMART Plan Corridor contains the following zoning districts: CCC, CD-2, CD-3, CPS-2, CPS-4, GU, 1-1, MXE, RM-1, RM-2, RM-3, RO, RPS-1, RPS-2, RPS-3, RPS-4, and SPE. Per Chapter 142, Article 11, entitled "District Regulations," of the City of Miami Beach LDRs, these zoning districts have the FAR limits identified in the table below: Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 8 of 19 Zoning Maximum Designation Zoning District Name FAR CCC Civic and Convention Center District 2.75 CD-2 Commercial Medium Intensity District 2.0 CD-3 lot<45,000 SF Commercial High Intensity District 2.25 CD-3 lot>=45,000 SF Commercial High Intensity District 2.75 CPS-2 General Mixed-Use Commercial Performance Standard District 2.0 Intensive Mixed-Use Phased Bayside Commercial Performance CPS-4 Standard District 2.5 Average of GU Government Use District Adjacent FARs 1-1 Light Industrial District 1.0 MXE Mixed Use Entertainment District 2.0 RM-1 Residential Multifamily Low Intensity District 1.25 RM-2 Residential Multifamily Medium Intensity District 2.0 RM-3 lot<45,000 SF Residential Multifamily High Intensity District 2.25 RM-3 lot>=45,000 SF Residential Multifamily High Intensity District 2.75 RO Residential/Office District 0.75 RPS-1 Medium-Low Density Performance Standard District 1.25 RPS-2 Medium Density Performance Standard District 1.5 RPS-3 Medium-High Density Performance Standard District 1.75 RPS-4 High Density Performance Standard District 2.0 SPE Special Public Facilities Educational District 2.0 Per Sub-section 33C-3.3 (C)(1) non-exempt areas located within one-quarter mile of a smart plan corridor must have an FAR limit of 1.0 to 2.0. As demonstrated by the table above, most of the zoning districts located within one-quarter mile of the Beach Corridor SMART Plan Corridor within the City of Miami Beach have an FAR limit that is at or exceeds 1.0. There is one exception, the RO — Residential/Office District, which has an FAR limit of 0.75. However,the RO district is located within the locally designated Flamingo Park Historic District,which will be discussed further in the Historic Districts section below. Area Between One-Quarter Mile and One-Half Mile: The non-exempt areas located between one-quarter mile and one-half mile of the Beach Corridor SMART Plan Corridor contains the following zoning districts: CCC, CD-1, CD-2, CD-3, CPS-1, CPS-3, CPS-4, GU, 1-1, RM-1, RM-2, RM-3, RMPS-1, RPS-1, RPS-2, RPS-3, RPS-4, SPE, and TH. Per Chapter 142,Article 11, entitled "District Regulations,"of the City of Miami Beach LDRs,these zoning districts have the FAR limits identified in the table below: Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 9 of 19 Zoning Maximum Designation Zoning District Name FAR CCC Civic and Convention Center District 2.75 CD-1 Commercial Low Intensity District 1.25 CD-2 Commercial Medium Intensity District 2.0 CD-3 lot<45,000 SF Commercial High Intensity District 2.25 CD-3 lot>=45,000 SF Commercial High Intensity District 2.75 CPS-1 Limited Mixed-Use Commercial Performance Standard District 2.0 CPS-3 Intensive Mixed-Use Commercial Performance Standard District 2.5 Intensive Mixed-Use Phased Bayside Commercial Performance CPS-4 Standard District 2.5 Average of GU Government Use District Adjacent FARs 1-1 Light Industrial District 1.0 RM-1 Residential Multifamily Low Intensity District 1.25 RM-2 Residential Multifamily Medium Intensity District 2.0 R M-3 lot<45,000 SF Residential Multifamily High Intensity District 2.25 R M-3 lot>=45,000 SF Residential Multifamily High Intensity District 2.75 RMPS-1 Residential Limited Mixed Use Performance Standard District 1.5 RPS-1 Medium-Low Density Performance Standard District 1.25 RPS-2 Medium Density Performance Standard District 1.5 RPS-3 Medium-High Density Performance Standard District 1.75 RPS-4 High Density Performance Standard District 2.0 SIDE Special Public Facilities Educational District 2.0 TH Townhome Residential District 0.7 WD-1 Waterway District 1 N/A WD-2 Waterway District 2 0.01 Per Sub-section 33C-3.3 (C)(1) non-exempt areas located between one-quarter mile and one-half mile of a smart plan corridor must have an FAR limit of 1.0 to 1.5. As demonstrated by the table above, most of the zoning districts located between one-quarter mile and one-half mile of the Beach Corridor SMART Plan Corridor within the City of Miami Beach have an FAR limit that is at or exceeds 1.0. There are three exceptions,the TH -Town Home Residential District,which has an FAR limit of 0.7;the WD-1—Waterway District 1,which has no FAR defined; and the WD-2—Waterway District 2,which has an FAR limit of 0.01. However,the TH district is located within the locally designated Espanola Way Historic District,which will be discussed further in the Historic Districts section below. The WD-1 and WD-2 districts are located in the Collins Waterfront Historic District, which will be discussed further in the Historic Districts section below. Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 10 of 19 Area Between One-Half Mile and One Mile: The non-exempt areas located between one-half mile and one mile of the Beach Corridor SMART Plan Corridor contains the following zoning districts: CD-1, CD-2, CD-3, CPS-3, CPS-4, GU, 1-1, MR, RM-1, RM- 2, RM-3, RM-PRD, RO, and RPS-4. Per Chapter 142, Article 11, entitled "District Regulations," of the City of Miami Beach LDRs,these zoning districts have the FAR limits identified in the table below: Zoning Maximum Designation Zoning District Name FAR CD-1 Commercial Low Intensity District 1.25 CD-2 Commercial Medium Intensity District 2.0 CD-3 lot<45,000 SF Commercial High Intensity District 2.25 CD-3 lot>=45,000 SF Commercial High Intensity District 2.75 CPS-3 Intensive Mixed-Use Commercial Performance Standard District 2.5 Intensive Mixed-Use Phased Bayside Commercial Performance CPS-4 Standard District 2.5 Average GU Government Use District Adjacent FARs 1-1 Light Industrial District 1.0 MR Marine Recreation District 0.25 RM-1 Residential Multifamily Low Intensity District 1.25 RM-2 Residential Multifamily Medium Intensity District 2.0 RM-3 lot<45,000 SF Residential Multifamily High Intensity District 2.25 RM-3 lot>=45,000 SF Residential Multifamily High Intensity District 2.75 RO Residential/Office District 0.75 RPS-4 High Density Performance Standard District 2.0 WD-1 Waterway District 1 N/A WD-2 Waterway District 2 0.01 As previously mentioned,while these areas do not appear to be part of the RTZ,Sub-section 33C-3.3(C)(1) provides minimum FAR standards for areas between on-half and one mile from the SMART Plan Corridors. Per Sub-section 33C-3.3 (C)(1) non-exempt areas located between one-half mile and one mile of a smart plan corridor must have an FAR limit of 0.5 to 1.25. As demonstrated by the table above, most of the zoning districts located between one-quarter mile and one-half mile of the Beach Corridor SMART Plan Corridor within the City of Miami Beach have an FAR limit that is at or exceeds 0.5. There are three exceptions, the MR— Marine Recreation District, which has an FAR limit of 0.25 and the WD-1 and WD-2 districts that were mention in the previous section and described further in the Historic Districts section of this analysis. As identified in the map below, the MR district is only designated on an approximately 1.8-acre area that is designed to accommodate recreational boating activities, recreational facilities, accessory uses and service facilities, and cannot be developed further. Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 11 of 19 T —1 i J j Ocean Drive/Collins Cif of Miami Beach Zoning Atlas i +7 L— Y 9 � II I-I-_I - __ J — - � Avenue His[oric C]G[SMART Plan Reach Comdor - r'1 District QLocal Histatic DisVicts GC']C7GLaCJG]CC'JCGGGE73 =`J GCCCGC'CGGGGGCGGC^CC 1. 7 Distance From SMART Plan Corridor F_ --- CP`S-(�R2 N � -One-Quarter Mile From SMART Plan Corridor CPS-2-One-Half Mlfe FromSMART Plan Co«idarOne Mile From SMART Plan CorridorL r!f( _ 11"_T �I ru r m�I rn CPS-4 �� r a z Egg, RP_S=4- Z w w m ' m Ocear ac7 ag Congr. Historic-f RPS- ��District _RP 3gdls,T �RP$�=3-� r'-1� GU GU I � znpsT CPS-1 t ! GU RMPS-1 LLLj� f RPS-4 GU � 7 COMMERCE-IC,T= ` CPS -1! ST CPS-4 V �� 36'Oeean Dr COMMERCE ST ! 1- � GU '& O[NTEE.CT �1 U j U L. Q S.P01NTE� ,pR- CPS-3 �k o � MR '� RPS-4 GU Fisher Island � SV H 0 0.0275 0.055 0.11 Miles Historic Districts: The areas identified in the map below, are located in the RTZ and in locally designated historic districts, pursuant to the City of Miami Beach Historic Preservation Ordinance as detailed in Chapter 118, Article X of the Land Development Regulations. Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 12 of 19 PineTree � 1195OFFRAMPES wmntsT/[D w City of Miami Beach Historic Districts q:''_�'ve— a- 36THsr cH z 345TH�r Miami Beach Metropolitan Urban Center 0P® 2 � W " J�C33R0 ST Metropolitan Urban Center � �° 3zNosr c1=1o1 SMART Plan Beach Corridor 3prysT Tsr '�CollinsWaterfront Distance From SMART Plan Corridor a VV 27T HST ZgTN Historic District LA w -i W, One-Quarter Mile From SMART Plan Corridor > M 'a zsr&Sr a V) w W25TNSr One-Half Mile From SMART Plan Corridor m Wig 4TH Sr One Mile From SMART Plan Corridor 't+�� FL Sta`li n a4rysr w23RDST W21ST�IT A ACuseum ti�forlc Oceanll rive/CoUlns a- }=20THAvenue Historic 19TH ST District PT',Paltn�eW— LU 7a 18TH ST z 71 f," � Historic w o Ot,OD Disfrrc =17H ST Venetian VENETIAN WAY Ji M p ETIAN CSWY cswy 15LpgID x — L-1 LIN COLN�RD _ -L2 u p Q C� I 15THTER DjL'enox ,{ -tl N 16TH ST [7 j ® ✓ 15TH$T Z ESpano —. LJ 0 fr' �1 o WayHrstdrrc v Flag er 14TH"TER n y DfSYr�lCf� m f 1 2,'W /n Memorial 9ATl-I ST M l I F m I IO r MONAD T R Flaminl go3Park ' 13TH ST Histo 1iTH S ricD�strict mf 12TH ST �5 m , T,._. i_} - 1j q �Foh t a w � AA� //�/� ➢ - I 9TH ST7FF3� � 41 � - rpn -1 LN=� STHST f� i7 i1i -F2� 7TH STD -:'rL� a-- C M X ❑ Uq M- p I A- - o 6TH ST L J �C r w STH ST Ti ST Ocean 8ea Ph chl Gp stonc= w^� v 3RDS7� Dtsfrrc't 2ND1ST 7-ST 5 POINTE OR I1 Fisher Island •���� " V 11 0.125 0.1. 0.5 Mlles EQ0 S As mentioned in previous sections,there are two zoning districts which do not comply with the minimum FAR requirements required by Sub-section 33C-3.3 (C)(1), but which are located in the locally designated Flamingo Park Historic District. These are the RO - Residential/Office District and the TH -Town Home District. As identified by the highlighted parcels in the map below, the TH -Town Home District consists of 16 small parcels with a combined area of approximately 1.7 Acres. The small area has architecturally Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 13 of 19 significant Mediterranean Revival and Art Deco Transitional Buildings that date back to the 1930s. 14 of the 16 buildings are contributing buildings to the Espanola Way Historic District. Increasing the FAR in this small area would encourage development that is contrary to the requirements of the municipal historic preservation ordinance. Therefore, this area complies with the minimum FAR requirements of Sub- section 33C-3.3 (A)(2)(d). City of Miami Beach Zoning Atlas - 001I SMART Plan Beach Corridor "— OLocal Historic Qistricts Distance From SMART Plan Corridor One-Quarter Mile From SMART Plan Corridor Qne-Half Mile From SMART Plan Condor One Mile From SMART Plan Corridor 15TH ST II RM-1 I I II II II II II II 'rH \ � � Espanola Way ESPANOLAwAY Historic District I I A d Z G m Flamingo Park Historic Dis'tr`ict I\ II I GU 14TIl PL yNN� WQtr-E 0 0.005 0.01 0.02 MilesI M 1 a & 1 j d Lj S4VV�� S Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 14 of 19 As identified by the highlighted areas in the map below, the WD-1 — Waterway District 1 and WD-2 Waterway District 2 consist of several small parcels that are located in the Collins Waterfront Historic District. These districts are intended to provide water-related amenities for nearby hotels and apartment buildings. They primarily consist of open space, in order to maximize views to the water. In the case of WD-1 district,there is not sufficient land to accommodate development. Increasing the FAR for these lots would encourage development that is contrary to the requirements of the municipal historic preservation ordinance. This area, therefore, complies with the minimum FAR requirements of Sub-section 33C-3.3 (A)(2)(d)' r 35TH Sr 1 City of Miami Beach Zoning Atlas W 34rH S G U � CDlI SMART Plan Beach Corridor -----_ J OLocal Historic 0letricts w33Ros RS=2 � RM-3 1 Distance From SMART Plan Corridor7. One•Quarler Mile From SMART Plan Corridor 1'a I U I+1 1 34TH Sr One-Half Mile From SMART Plan Corridor V One Mlle From SMART Plan Corl _2 �'6 2 !• 33RD Sr Pir l:Tree Dir W 31ST STY IRS-3 Nr./ W 30TH ST f c m w zsrH sr RM-1 ] ARM 3orHST_ RM-3-� Collins Waterfront Pamping St. - _ `— c fJ LHistoric District w GU LU J � X RS-2 Z RM-2 SPE a r - 0 y 1 --- Wl'J J ; l�-- wfzsrHrsr z � �I SF!.E RM-1 �``rzsiHsr; w z4TH SPE TER 14Ty e // Ci O W 24rt}S-r z4ry Fire Station i I W R 0 0.0275 C.055 0.11 Miles S Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 15 of 19 As identified by the highlighted parcels in the map below, the RO— Residential/Office District consists of 34 parcels with a combined area of approximately 8.3 Acres. The area consists primarily of two-to-three story apartment buildings of varying architecture styles, including Art Deco, Mediterranean Revival, Streamline Moderne, and Post War Modern, that were built between the 1930s and 1950s. 31 of the 34 parcels contain buildings that are contributing buildings to the Flamingo Park Historic District. Many of the existing buildings are legally nonconforming to current LDRs and exceed current FAR limits. Increasing the FAR in this small area would encourage development that is contrary to the requirements of the municipal historic preservation ordinance. As a result, this area complies with the minimum FAR requirements of Sub-section 33C-3.3 (A)(2)(d). Additionally, the multifamily nature of this area complies with the intent of the RTZ. City of Miami Beach Zoning Atlas 0001 SMARTPIan Beach Corridor !V =Local Hiswric Datricta - v l GU m Distance From SMART Plan Corridor 1 a 3One-0uarter Mile From SMART Plan C-11.1 1, —In o^ One-Half Mile From SMART Plan Corridor F { A One Mile From SMART Plan Corritlor Z y -- Im 1 W— m El Ll FT 77 Espanola _—_—Wa Historic- C�-2 FSP O TH AWAY Y, r -- — l District 14TH LN _ 14TH'PL GUr - 3 k- I � J L O � � W J I� ` MXE 14TH`ST Ell >. _F 1! !i -° 1i Ftamingo�P--ark --� r�l _ 1 Historic L GU GU — -DlStrlct— 1gYH.5-1 Rn [ --__ f +_[ _Ocean Drive/Caitins — Avenue Historic ii _GU' District — r[ III f� ` — r� — J oia GU rr cry GU Hall. _ — �4+ 11TH`ST-1"-� t:[ J {l i`- A GU f _ z` L •10TH - 1 _ [:1 - r f-� [i 076 0 0.0275 0.055 0.11 Miles 9TH72, ,1 D- Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 16 of 19 Metropolitan Urban Center: As previously mentioned, there is an area of the City of Miami Beach that is located within a designated Metropolitan Urban Center. The core of the Metropolitan Urban Center is located at approximately the intersection of Lincoln Road and Meridian Court. The Miami-Dade CDMP has the following minimum FAR requirements for Metropolitan Urban Centers: CDMP Urban Center Designation Minimum Required Floor Area Ratio Metropolitan Greater than 3.0 in the core; not less than 0.75 in the edge The core of the Urban Center is located in the CD-3— High Intensity Commercial District (see the zoning map below). The CD-3 district has an FAR limit of 2.25 for lots under 45,000 square feet and 2.75 for lots over 45,000 square feet. This is slightly below the minimum required FAR of 3.0 as required for the cores of Metropolitan Urban Centers by the CDMP. However, the core and the southern half of the Metropolitan Urban Center are also located in the Flamingo Park Historic District(see the historic districts map below). Additionally, most buildings along the corridor are contributing structures within the historic district. The Lincoln Road corridor is a pedestrian retail and restaurant area that is world renowned and of significant importance to the City of Miami Beach and Miami-Dade County overall. Increasing the FAR for this area would encourage development that is contrary to the requirements of the municipal historic preservation ordinance. Therefore, this area complies with the minimum FAR requirements of Sub- section 33C-3.3(A)(2)(d). Additionally,the high intensity pedestrian-oriented nature of this area complies with the intent of the Metropolitan Urban Center. The northwestern edge of the urban center is in a single-family district and the Palm View local historic district. Increasing the floor area ratio for this area would result in an existing single-family area being able to redevelop and is inconsistent with the preservation requirements of the local historic preservation ordinance. Therefore, this area complies with the minimum FAR requirements of Sub-section 33C-3.3 (A)(2)(d)• The remaining areas meet or exceed the FAR requirement of 0.75 for the edges of metropolitan urban centers. The edges consist of the CCC, CD-3, GU, RM-1, RM-2, and RO zoning designations. These zoning districts have the FAR limits identified in the table below: Zoning Designation Zoning District Name Maximum FAR CCC Civic and Convention Center District 2.75 CD-3 I of<45,000 SF Commercial High Intensity District 2.25 CD-3 lot>=45,000 SF Commercial High Intensity District 2.75 GU Government Use District Average Adjacent FARs RM-1 Residential Multifamily Low Intensity District 1.25 RM-2 Residential Multifamily Medium Intensity District 2.0 RO Residential/Office District 0.75 Asa result of these factors,the existing zoning regulations comply with the requirements for metropolitan urban centers within the Miami-Dade CDMP and of Sub-section 33C-3.3 (A)(2)(d). Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 17 of 19 RM-2: T" City of Miami Beach Zoning Atlas L • Miami Beach Metropolitan Urban Center ©Metropolitan Urban Center 0001 SMART Plan Reath Condo, F I`J411 Distance From SMART Plan Corridor FROne-Quarter Mile From SMART Plan Corridor 19TH ST One-Half Mlle From SMART Plan Corridor G One Mile From SMART Plan Corridor � W _ Z - Z F RM-2� RM=2 RS-4 CCC F ` 18TH 5T _ � F 9 ryt i. GU - '�- RM=1 0 fr7TH ST �LL U rl Z o a W � _ mtYd u N L-INCOL'N LN to CD-3` LINCOLN RD LiNCOLN LN GU GU GU _ J 16TH ST GU M 7 z o rl W to Z rn rn u Z RM-1 _ m RO =- o n rl LO—Y 4 D m rl LU m D u J m 11 u n 5TH'S �'. u 1T _ IN �4A 0 O.025 0.05 0.1 Miler �1 GU TH s Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 18 of 19 City of Miami Beach Historic Districts u r_ • Miami Beach Metropolitan Urban Center ©Metropolitan Urban Center Vy L �r 0001 SMART Plan Reath Corolla, L 4e Distance From SMART Plan Corridor F3One-Quarte1 Mile From SMART Plan Corridor 19TH ST One-Half Mlle From SMART Plan Corridor K C1 One Mile From SMART Plan Corridor I w n z —. w T] U Ll L] n 0 u Museum j n I Historic Palm Historic V p J District — District 18TH 57 _ u 9C3 ro � 2 t 17TH,ST ,l U Z wlu o r Q Z W Y Z O n r Q � x w C L) u `N�l_INCOLN!L'N Ll IJ m f JLi I LINCOLN RD VA Ll u i n LINCOLN-LN L f n I u 1 L ui n Flamingo Park 16TH ST u 1600 Lenox f-ilStOrlC — l 1 District J n 0 j z o u n 7 c m u m Cj CI Q O a y F1 o > z a u It m > m u D n m C —, J 15TH ST A Espanla Way N�' } E 0 0.025 0.05 r7.1 Miles ,,a Soo f1C `7 District s Conclusion: In light of the preceding analysis, the City of Miami Beach believes that its existing zoning regulations comply with the FAR requirements for areas of the City that are within the Beach Corridor SMART Plan Corridor Subzone, as required by Section 33C-3.3 of the Code of Miami-Dade County. Additionally, the City of Miami Beach believes that existing zoning regulations comply with the requirements applicable to municipalities for Metropolitan Urban Centers designated on the Miami-Dade CDMP Land Use Plan and Sub-Section 33C-3.3 (C)of the Code of Miami-Dade County. Analysis of the Miami-Dade County Rapid Transit Zone Designation on the City of Miami Beach March 29, 2023 Page 19 of 19 Accordingly, the City of Miami Beach respectfully requests that Miami-Dade County provide the City a letter of understanding indicating that the existing City of Miami Beach Land Development Regulations comply with County regulations regarding the Rapid Transit Zone and Metropolitan Urban Centers that are applicable to municipalities. Please let us know if you have any questions or need additional information. Si F k tlk� Thomas Mooney, AICP, Planning Director City of Miami Beach Planning Department City of Aventura - RMF3 District EXHIBIT #2 Hallandale Golden Isles -- —Sun Swept__ — r--�— ----- _ Isles ��T i�4�71: Pq � 1 --il� I � 3 i ;T i i f , :1 i i �/ / �i I Golden �I 17 Beach Aventura -c{1 �� � , i r, i _s —Ll rth } Sunny Isles Made mi + � gate Beach c h =� Atlantic Island 10/12/2023 Property Bou nda ry Vi ew 1:24,823 0 0.25 0.5 1 mi Municipal Zone RMF3 0 0.4 0.8 1.6 km r———I Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, r___I Aventura Municipal Boundary O OpenStreetMap contributors,and the GIS User Community City of Aventura - Exhibit #3 t---- �� �;-��---�- -- LL 11 —Aventora IS TL -4 i i � II 1 a� Golden 1 T Beach '1 Aventura _77\rTL — T J� j Lake � � r - ---- /\ J/ Sunny Isles 10/12/2023 1:26,432 0 0.2 0.4 0.8 m i Property Boundary View RMF3B I Municipal Zone B1 0 0.33 0.65 1.3 km RMF3T- Proposed 1___I Aventura Municipal Boundary Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, O OpenStreetMap contributors,and the GIS User Community CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (92- DATE- October 13, 2023 SUBJECT: Approval Request for Proposed Ordinance Amendment - SECURE 2.0 Act Compliance (City Manager) October 19, 2023 City Commission Workshop Agenda RECOMMENDATION I am requesting approval to amend Chapter 36 of the City's Code regarding the City of Aventura Police Officers' Retirement Plan. Attached to this memorandum is a proposed ordinance amendment and a statement of no impact, both of which are essential for ensuring compliance with the SECURE 2.0 Act. BACKGROUND President Biden signed the Secure 2.0 Act of 2022 ("the Act") into law on December 29, 2022, as part of the Consolidated Appropriations Act, of 2023. This Act introduces significant changes to the Internal Revenue Code, specifically affecting qualified plans, including our municipal plan. To ensure our compliance with this critical federal legislation, the Board of Trustees of the City of Aventura Police Officers' Retirement Plan has prepared a proposed ordinance amendment. This amendment aligns our plan with the SECURE 2.0 Act's requirements and will enable us to meet the specified deadline for amendments. Additionally, you will find attached the statement of no impact, which has been prepared by the Plan's actuary. This statement confirms that the proposed amendment will not have an adverse financial impact on the Plan or its beneficiaries. If you have any questions, please feel free to contact me. RJW/bp Attachment rFOSTER & FOSTER ACTUARIES AND CONSULTANTS September 12,2023 VIA EMAIL Board of Trustees City of Aventura Police Officers' Pension Board Re: City of Aventura Police Officers'Retirement Plan Dear Board: We have reviewed the proposed Ordinance amending Section 36-31,Internal Revenue Code Compliance, changing the required beginning date for distributions to age 72 for participants who attained age 70 '/2 on or after January 1,2020 and prior to January 1,2023, and the age in accordance with the Secure 2.0 Act for participants who attain age 72 on or after January 1,2023. We have determined that the adoption of the proposed change will have no impact on the assumptions used in determining the funding requirements of the program. Because the above changes do not result in an immediate change in the valuation results,it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption.However,since the Division of Retirement must be aware of the current provisions of all public pension programs,it is recommended that you send a copy of this letter and a copy of the fully executed Ordinance,once it is adopted,to each of the following offices: Mr.Keith Brinkman Mr. Steve Bardin Bureau of Local Retirement Systems Municipal Police and Fire Division of Retirement Pension Trust Funds P. O.Box 9000 Division of Retirement Tallahassee,FL 32315-9000 P.O.Box 3010 Tallahassee,FL 32315-3010 The undersigned is familiar with the immediate and long-term aspects of pension valuations and meets the Qualification Standards of the American Academy of Actuaries necessary to render the actuarial opinions contained herein. If you have any questions,please let me know. Sincerely, Patrick T.Donlan,ASA,EA,MAAA 13420 Parker Commons Blvd.,Suite 104 Fort Myers,FL 33912-(239)433-5500-Fax(239)481-0634-www.foster-foster.com SUGARMAN, SUSSKIND, BRASWELL & HERRERA PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A.Sugarman♦ 15o Alhambra Circle Howard S.Susskind Suite 725 D.Marcus Braswell,Jr. Coral Gables,Florida 33134 Pedro A.Herrera (305)529-2801 Kenneth R.Harrison,Sr. Toll Free(800)329-2122 Madison J.Levine Facsimile(305)447-8115 Jose Javier Rodriguez ♦Board Certified Labor& David E.Robinson Employment Lawyer Of Counsel SPECIAL REPORT February 2023 SECURE ACT 2.0 President Biden signed the Secure 2.0 Act of 2022 ("the Act") into law on December 29, 2022 as part of the Consolidated Appropriations Act, 2023. The Act makes sweeping changes to provisions of the Internal Revenue Code affecting qualified plans such as your municipal plan. Many of the provisions take effect immediately, while others will become effective in years to come. For governmental plans such as yours amendments required by the Act must be made to the plan by no later than the last day of the first plan year beginning on or after January 1, 2027. Below is a brief summary of the changes enacted. We will provide additional information with regard to each of the new requirements on an on-going basis as corresponding regulations or rules may be issued. L CHANGES THAT APPLY TO GOVERNMENTAL DEFINED BENEFIT PLANS AND STAND-ALONE SHARE PLANS Increase in Ages for Required Minimum Distributions Participants in tax-qualified pension plans are not taxed on the value of their retirement benefits until they begin to receive benefits under the plan. The deferral of taxes is limited by the Required Minimum Distribution rules in Section 401(a)(9) of the Code, which require that participants begin to receive benefits (and therefore pay taxes) once they reach a certain age after retirement. For many years, retirees were required to begin to receive benefits once they had retired and reached age 70 '/2. The first Secure Act, passed in 2019, raised that age to 72. Special Report re: SECURE Act 2.0 February 2023 Page 12 Section 107 of the Secure 2.0 Act of 2022 has further increased the tax deferral by again raising the age by which retired participants must begin to receive benefits. The new ages are as follows: a) For individuals who attain age 72 after December 31, 2022, and age 73 before January 1, 2033, the applicable age is 73; b) For individuals who attain age 74 after December 31, 2032, the applicable age is 75; Reduction in penalty for failure to make Required Minimum Distributions (Effective taxable years after December 29, 2022) The Code currently provides for an excise tax for failure to take a required minimum distribution equal to 50% of the amount of the missed distribution. Section 302 of the Act reduces the tax generally to 25%, and provides that the tax shall be further reduced to 10% if the failure is corrected in accordance with certain conditions. Increase in the maximum amount of mandatory distributions (Effective January 1, 2024) Plans may currently provide that benefits of which the lump-sum value does not exceed $5000 will be paid mandatorily in the form of a lump-sum. Section 304 of the Act raises the limit, allowing plans to impose a lump-sum distribution for amounts up $7000. Exclusion from Income of Certain Service-Related Disability Benefits for First Responders (Effective for eligible amounts received after December 31, 2026) Section 309 of the act allows certain first responders (law enforcement officers, firefighters, paramedics, and emergency medical technicians) to exclude from gross income certain service-related disability pension or annuity payments after they reach retirement age. Expansion of 72(t)Age Exemption for Qualified Public Safety Employees (Effective Immediately) Generally, the penalty on early withdrawals under Section 72(t) does not apply to distributions made to an employee after separation from service after attainment of age 55. For qualified public safety employees, Section 72(t) replaces the age 55 exemption with a more favorable, lower age exemption. Prior to the Act, the applicable age for qualified public safety employees was 50, instead of 55. Section 329 of the Act further expands the exemption for qualified public safety officers by adding 25 years of service as a separate qualifying condition for the exemption, which now applies upon the earlier of attainment of age 50 or 25 years of service. Special Report re: SECURE Act 2.0 February 2023 Page 13 Expansion of Definition of Qualified Public Safety Employee for Purposes of 72(t) Age Exemption (Effective Immediately) Prior to the Act, for purposes of the favorable 72(t) exemption discussed above, the term qualified public safety employee included governmental employees providing police protection, firefighting services, and emergency medical services. Section 330 expands the definition to include corrections officers, as well as forensic security employees providing for the care, custody and control of forensic patients. Repeal of Direct Payment Requirement for Health Insurance Premiums (Effective Immediately) Currently under Section 402(I) of the Code, Retired Public Safety Officers are permitted to exclude from income up to $3,000 per taxable year in distributions from governmental plans that are used to for the payment of qualified health insurance premiums. Prior to the Act, payments were required to be made directly from the pension plan to the insurer. Section 328 of the Act removes the direct payment requirement and now allows payment to come directly from the member. II. CHANGES THAT APPLY TO GOVERNMENTAL STAND-ALONE SHARE PLANS BUT NOT TO GOVERNMENTAL DEFINED BENEFIT PLANS Tax-Favored Withdrawals The Act allows plans to provide for the following types of withdrawals with favorable tax treatment (including exemption from any 72(t) penalty)- - Starting in 2024, up to $1,000 for participant-certified personal and family emergencies; - Starting in 2024, withdrawals up to the lesser of $10,000 or 50% of account balance, if a participant has been the victim of domestic abuse; - effective immediately withdrawals by participants who have been diagnosed as terminally ill; - With regard to federal disasters occurring on or after January 267 2021, withdrawals by participants who live in the disaster up to $22,000 within 180 months of the disaster. Also loans related to federal disasters are allowed to be increased to the lessor of$100,000 or 100% of the account balance, Plans are already permitted to provide for distributions for qualified birth or adoption expenses. Currently, such distributions may be paid back at any time. For withdrawals after December 29, 2022, the repayment period is limited to Special Report re: SECURE Act 2.0 February 2023 Page 14 three years. For withdrawals that have already been taken, the repayment period ends December 31, 2025, beginning on or after December 29, 2025, up to $2500 annually(adjustable for inflation)for long-term care insurance. III. PROVISIONS OF THE ACT WITH REGARD TO PLAN CORRECTIONS Changes to requirements regarding overpayments (effective immediately) The IRS has on an on-going basis provided guidance to trustees regarding requirements for recovering benefit overpayments to participants and beneficiaries. Section 301 of the Act amends the Code to provide clearly defined rules relating to the recovery of overpayments. Principally, the Act provides that a plan is not necessarily obligated to pursue the recovery of an overpayment. We will prepare procedures for the trustees to adopt to ensure that future actions with regard to overpayments comply with the new requirements. Expanded Self-Correction Program (Effective upon guidance issued by IRS within two years of December 29, 2022) The IRS maintains several programs pursuant to which trustees may correct errors in the operation of the plan and/or failures to amend the plan timely. Under certain programs, a flat fee and/or penalties are required to be paid to the IRS to resolve the error or failure. On the other hand, under the IRS' Self-Correction Program, certain "non-significant" errors may be corrected without any notice or payment of fees or penalties to the IRS. The Act expands the type of errors and failures that may be resolved through Self- Correction. The program is no longer limited to "non-significant" errors, and may be used generally to correct any inadvertent error or failure, except those (1) that were identified by the IRS before any good-faith corrective measures were taken, or (2) with respect to which corrective measures were not timely taken. The Act requires the IRS to issue new guidance in accordance with the expansion of the self-correction program. Special Report re: SECURE Act 2.0 February 2023 Page 15 IV. FOR INFORMATIONAL PURPOSES (THE FOLLOWING INFORMATION PRESENTS PROVISIONS OF THE ACT THAT DO NOT APPLY TO THIS PLAN BUT THAT MAY BE OF INTEREST TO PUBLIC EMPLOYEES. THE INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLYAND IS NOT INTENTED AND SHALL NOT BE CONSTRUED AS LEGAL ADVICE) Section 308 of the Act extends to private sector firefighters, the favorable 72(t) age exemption (50 or 25 Years of Service) that was previously limited to governmental public safety employees. Section 306 Changes rules relating to elections for 457 plans Some of the tax-favored withdrawals that are permitted under the Act (See Section II above) may also be available under 457 plans. CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT", ARTICLE II "POLICE PENSION PLAN AND TRUST FUND", BY AMENDING SECTION 36-31 "COMPLIANCE WITH INTERNAL REVENUE CODE", TO PROVIDE FOR COMPLIANCE WITH THE SECURE 2.0 ACT; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") maintains a defined benefit pension plan for its certified police officers, which is known as the City of Aventura Police Officers' Retirement Plan ("Retirement Plan"), and which is codified in Chapter 36 of the City Code; and WHEREAS, the Setting Every Community Up for Retirement Enhancement ("SECURE") 2.0 Act, signed into law on December 29, 2022 as part of the Consolidated Appropriations Act, 2023, amended the definition of "Required Beginning Date" under Section 401(a)(9) of the Internal Revenue Code; and WHEREAS, amendments to the Retirement Plan are necessary to conform the Retirement Plan to the requirements of the SECURE 2.0 Act; and WHEREAS, the Board of Trustees of the City of Aventura Police Officers' Retirement Plan has recommended an amendment to the Retirement Plan to comply with the SECURE 2.0 Act; and WHEREAS, the trustees of the City of Aventura Police Officers' Retirement Plan have requested and approved the amendments provided herein as being in the best interests of the participants and beneficiaries and improving the administration of the Retirement Plan, and WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to this change and is attached as such; and WHEREAS, the City Commission deems it to be in the public interest to provide this change to the Retirement Plan for its police officers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA': Words in s+F�at type are deletions from exist text and word in underline type are additions to existing text. City of Aventura Ordinance No. 2023- Section 1. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-31, "Compliance with the Internal Revenue Code", subparagraph (b), Required beginning date, and (c), Required minimum distributions, of the City Code of Ordinances be amended as follows: Sec. 36-31. - Internal Revenue Code Compliance. (b) Required beginning date. Notwithstanding any ether provision of the plan, payment of a 1 GernrnenGe not Ater than the 1 is dehn d as. Notwithstanding any other provision of the Plan, payment of a participant's retirement benefits under the Plan shall commence not later than the participant's Required Beginning Date, which effective January 1. 2023 is defined as the later of 1 and 2 below: (1) With regardUK utiens required to�e P aade t � partiGipant whe reaGhes area 70 1/," ham re January `7ozv. 9 Argil 1 of the nvaallendar year that next em s the Gaafe�rn r year in whiGh part ant attain er will attain the-age of 701,42 years; er Argil 1 of the Galendar year that naA fol! ws v the Galendar year in whichr partri ant retires, w�hrirnhrevof is4aterWith regard to a participant who reached age 70 ?A prior to January 1, 2020, April 1 of the calendar year that next follows the calendar year in which the participant attained the age of 70%years: or with regard to a participant who attained age 70 '/2 on or after January 1. 2020, and age 72 prior to January 1, 2023, April 1 of the calendar year that next follows the calendar year in which the participant attained the age of 72 years: or with regard to a participant who attains age 72 on or after January 1, 2023, in accordance with the Secure 2.0 Act and any technical corrections thereto: or (2) With regard. to st-ributions-required-to be made on o after jaanu a 2020 to a partiGipant who reaches the age of on or after said date: April 1 of the GaTendaryear tha rnre�i follows the nalendar year in which the participant attains or will Page 2 of 5 City of Aventura Ordinance No. 2023- attain the age of 72 years or Argil 1 of the nalendar year that 0 next follows the nalendar year in which the nartininant retires, whinheyer is late April 1 of the calendar year that next follows the calendar year in which the participant retires. (c) Required minimum distributions. (1) Required beginning date. The participant's entire interest will be distributed, or begin to be distributed, to the participant no later than the participant's required beginning date as defined in subsection (b) of this section 36-31. (2) Death of participant before distributions begin. (A) If the participant dies before distributions begin, the participant's entire interest will be distributed, or begin to be distributed, no later than as follows- (i) If the participant's surviving spouse is the participant's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the participant died, or by December 31 of the calendar year in which the participant would have attained age his or her required beginning date, if later. Section 3. Repeal. All sections or parts of sections of the Code of Ordinances of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 4. Severability. Should any section or provision of this Ordinance, or any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a part hereof, other than the part declared to be invalid. Section 5. Inclusion in the Code. It is the intention of the City Commission of the City of Aventura that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Aventura and that the sections of this Page 3 of 5 City of Aventura Ordinance No. 2023- Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "Chapter', "Section", "Article", or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. Effective Date. This Ordinance shall be effective upon passage by the City Commission on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Amit Bloom Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner 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 day of , 2023. PASSED AND ADOPTED on second reading this day of 2023. Page 4 of 5 City of Aventura Ordinance No. 2023-_ HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5