11-07-2023 City Commission Regular Meeting Agenda CITY OF AVENTURA
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
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CITY COMMISSION
REGULAR MEETING AGENDA
November 7, 2023
Following 6:00 p.m. Local Planning Agency Meeting
Aventura Government Center
Commission Chambers
City Commission
Mayor Howard S. Weinberg, Esq.
Vice Mayor Amit Bloom
Commissioner Rachel S. Friedland, Esq.
Commissioner Billy Joel
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
City Manager Ronald J. Wasson
City Clerk Ellisa L. Horvath, MMC
City Attorneys Weiss Serota Helfman Cole & Bierman
Aventura City Commission Regular Meeting Agenda November 7, 2023
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ANNOUNCEMENT OF VICE MAYOR
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS:
• Proclamations
• Special Recognitions
• Employee Service Awards - None
• Charter School Update
6. C O N S E N T AG E N D A: Matters included under the Consent Agenda are self-explanatory and are not expected
to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission,
that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the
consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the
approval of the consent agenda.
A. APPROVAL OF MINUTES:
• September 21 , 2023 City Commission Regular Workshop
• October 3, 2023 City Commission Regular Meeting
• October 19, 2023 City Commission Special Meeting
• October 19, 2023 City Commission Regular Workshop
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AWARDING CONTRACTS FOR BID NO. 23-05-16-3, PAINTING SERVICES, TO
EVERGLADES PAINTING CONTRACTORS, LLC AND FIVE 12 PAINTING & REMODELING,
LLC AT THE BID PRICES AS OUTLINED IN EXHIBIT"A"ATTACHED; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ASSOCIATED CONTRACTS; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF
FUNDS FOR SAID BID AWARDS; AND PROVIDING FOR AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
SELECTING BEEFREE, LLC D/B/A FREEBEE FOR MUNICIPAL TRANSIT SERVICES
PURSUANT TO REQUEST FOR PROPOSALS NO. 23-10-03-3 IN AN AMOUNT NOT TO
EXCEED $668,103.00 ANNUALLY FOR AN INITIAL TERM OF THREE YEARS;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE NEXT
HIGHEST RANKED FIRM(S), IN ORDER OF RANKING, IF AN AGREEMENT CANNOT BE
REACHED WITH BEEFREE, LLC D/B/A FREEBEE; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Page 1 of 6
Aventura City Commission Regular Meeting Agenda November 7, 2023
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING THE REAPPOINTMENT OF MEMBERS TO THE DON SOFFER AVENTURA
HIGH SCHOOL ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING FOR AN
EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING THE APPOINTMENT OF PARENT REPRESENTATIVE MEMBERS TO THE
DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A ONE-YEAR TERM;
AND PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE
CITY OF AVENTURA AND THE CITY OF NORTH MIAMI BEACH FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
G. MOTION AUTHORIZING THE APPROPRIATION OF $25,000 FOR A DONATION TO THE
INTRACOASTAL POLICE ATHLETIC LEAGUE, SUBJECT TO INCORPORATION, FROM
THE POLICE STATE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA
DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING NOTICE TO THE PUBLIC OF A PENDING ORDINANCE AND DIRECTING
STAFF TO DEVELOP AND PROCESS FOR ADOPTION AN ORDINANCE TO PROVIDE FOR
CERTIFICATION OF COMPLIANCE OF AFFORDABLE HOUSING PROJECTS AND OTHER
LAND DEVELOPMENT REGULATIONS ADDRESSING AFFORDABLE HOUSING, MIXED-
USE AND MULTI-FAMILY PROJECTS; AND PROVIDING FOR AN EFFECTIVE DATE.
J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
URGING THE FLORIDA LEGISLATURE TO PROVIDE INCREASED FUNDING FOR THE
BISCAYNE BAY WATER QUALITY IMPROVEMENT GRANT PROGRAM; PROVIDING FOR
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
7. PUBLIC HEARINGS:
Please be advised that Items 71), 7E, 7F, 7G, 7I, 7K, and 7L on the Commission agenda are zoning
hearings and are quasi-judicial in nature. As such,the quasi-judicial procedures of the City shall be invoked
for these items as indicated next to the items. If you wish to object or comment upon these items, please
inform the Mayor when public comments are requested. An opportunity for persons to speak on these items
will be made available after the applicant and staff have made their presentations on the items. All
testimony,including public testimony and evidence,will be made under oath or affirmation for these quasi-
judicial items. Additionally, each person who gives testimony may be subject to cross-examination. If you
refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general
public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask
questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of
their authority to speak for the organization. Further details of the quasi-judicial procedures may be
obtained from the Clerk.
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Aventura City Commission Regular Meeting Agenda November 7, 2023
ORDINANCES — SECOND READING:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CERTAIN
SECTIONS OF CHAPTER 30, ARTICLE III, DIVISION 2 ENTITLED STORMWATER UTILITY
SYSTEM, OF THE CITY CODE OF ORDINANCES, PROVIDING FOR THE COLLECTION OF
THE STORMWATER UTILITY FEE USING THE UNIFORM METHOD OF COLLECTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE
OF ORDINANCES TO CREATE SECTION 1-21 "CAMPING PROHIBITED"; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31,
"LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY
AMENDING SECTION 31-145, "TOWN CENTER ZONING DISTRICTS", TO ALLOW
MULTIFAMILY RESIDENTIAL DENSITIES WITH A MAXIMUM OF 70 DWELLING UNITS PER
ACRE FOR DEVELOPMENTS THAT PROVIDE RESIDENTIAL UNITS TO THE CITY'S HERO
HOUSING PROGRAM IN THE TOWN CENTER ONE DISTRICT AND TO ALLOW
MULTIFAMILY RESIDENTIAL DENSITIES WITH A MAXIMUM OF 50 DWELLING UNITS PER
ACRE FOR DEVELOPMENTS THAT PROVIDE RESIDENTIAL UNITS TO THE CITY'S HERO
HOUSING PROGRAM IN TOWN CENTER DISTRICTS TWO, THREE AND FOUR; SUBJECT
TO CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTIONS:
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(B)OF THE
CITY CODE OF ORDINANCES; (1) TO ALLOW A DENSITY OF 69 DWELLING UNITS PER
ACRE FOR A PROJECT THAT PROVIDES RESIDENTIAL UNITS AS HERO HOUSING
WHERE THE CITY CODE ALLOWS UP TO 25 DWELLING UNITS PER ACRE; (2)TO ALLOW
RESIDENTIAL UNITS ON THE GROUND FLOOR LEVEL WHERE RESIDENTIAL USES ARE
ALLOWED ONLY ON THE SECOND OR HIGHER FLOORS; (3) TO ALLOW STRUCTURED
PARKING THAT IS NOT INCORPORATED INTO THE BUILDING ENVELOPE OF A
PRIMARY USE STRUCTURE; AND (4) TO ALLOW A BUILDING HEIGHT OF 26 STORIES
(3114") WHERE THE CITY CODE ALLOWS 4 STORIES (50'); FOR THE PROPERTY
LOCATED AT 2999 NE 191 STREET; 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 (71D).
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING A VARIANCE FROM SECTION 31-171(B)(3) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT 308 PARKING SPACES WHERE 345 ARE
REQUIRED AND ALLOWING FOR THE REMOVAL OF THREE (3) PARKING SPACES FOR
THE EXISTING DEVELOPMENT LOCATED AT 3605 NE 207 STREET; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (7E).
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Aventura City Commission Regular Meeting Agenda November 7, 2023
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)J OF
THE CITY CODE TO PERMIT A SELF-SERVICE STORAGE FACILITY AND ALLOWING A
FLOOR AREA RATIO OF 1.88 PURSUANT TO SECTION 31-144(F)(2)L FOR A BUILDING
THAT ATTAINS LEED GOLD OR PLATINUM CERTIFICATION FOR THE PROPERTY
LOCATED AT 21280-21288 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (71F).
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING A VARIANCE FROM SECTION 31-171(B)(7) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW 60 PARKING SPACES WHERE 103 PARKING
SPACES ARE REQUIRED; GRANTING A VARIANCE FROM SECTION 31-144(F)(4)D3 TO
PERMIT 28%OF THE TOTAL LOT AREA TO BE LANDSCAPED OPEN SPACE WHERE 33%
OF THE TOTAL LOT AREA IS REQUIRED TO BE LANDSCAPED OPEN SPACE FOR THE
PROPERTY LOCATED AT 21280-21288 BISCAYNE BOULEVARD; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (7G).
ORDINANCES — SECOND READING:
H. 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.
I. 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 (71).
J. 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.
K. 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 (7K).
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Aventura City Commission Regular Meeting Agenda November 7, 2023
RESOLUTION:
L. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-143(H) OF THE
CITY CODE OF ORDINANCES; (1) TO ALLOW A BUILDING TO CAST A SHADOW ON
PROPERTIES LOCATED IN BUSINESS ZONING DISTRICTS; (2) TO ALLOW A DENSITY
OF 90 DWELLING UNITS PER ACRE WHERE THE CITY CODE ALLOWS UP TO 75
DWELLING UNITS PER ACRE; (3) TO ALLOW LOT COVERAGE OF 44% FOR A LEED
GOLD OR PLATINUM CERTIFIED BUILDING WHERE THE CODE ALLOWS 40%; AND
(4)TO ALLOW A FLOOR AREA RATIO (FAR) OF 3.6 FOR A LEED GOLD OR PLATINUM
CERTIFIED BUILDING, WHERE THE CODE ALLOWS A MAXIMUM FAR OF 2.0, FOR THE
PROPERTY LOCATED AT 2785 NE 183 STREET; 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 (7L).
8. ORDINANCES — FIRST READING/PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AMENDING ORDINANCE NO. 2022-20 WHICH ORDINANCE ADOPTED A BUDGET FOR
THE 2022/2023 FISCAL YEAR BY REVISING THE 2022/2023 FISCAL YEAR OPERATING
AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
B. 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.
9. RESOLUTIONS/PUBLIC INPUT:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
EXTENDING ITS UNWAVERING SOLIDARITY AND SUPPORT FOR THE STATE OF
ISRAEL; CONDEMNING THE INHUMANE AND TRAGIC TERRORIST ATTACK
PERPETRATED BY HAMAS ON OCTOBER 7, 2023, AND AFFIRMING ISRAEL'S RIGHT TO
EXIST, DEFEND, AND PROTECT ITS CITIZENS; DENOUNCING THE ANTI-SEMITIC ACTS
AGAINST ISRAEL, PEOPLE OF THE JEWISH FAITH AND JEWISH INSTITUTIONS
MOTIVATED BY THE EVENTS OF OCTOBER 7, 2023; PROVIDING FOR TRANSMITTAL;
AND PROVIDING FOR AN EFFECTIVE DATE.
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
REVISING CHAPTER 6.6 OF THE ADMINISTRATIVE POLICY DIRECTIVES AND
PROCEDURES MANUAL, AS ATTACHED HERETO, ENTITLED "INVESTMENT
OBJECTIVES AND PARAMETERS" RELATING TO THE CITY'S INVESTMENT POLICY FOR
THE MANAGEMENT OF PUBLIC FUNDS; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
WAIVING SECTION 7.05 OF THE CITY CHARTER TO AUTHORIZE AND APPROVE THE
DONATION OF FUNDS NOT TO EXCEED $150,000.00 FOR A FULLY EQUIPPED
AMBULANCE TO THE MAGEN DAVID ADOM ORGANIZATION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Page 5 of 6
Aventura City Commission Regular Meeting Agenda November 7, 2023
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING THE INVENTORY LIST OF CITY-OWNED PROPERTY APPROPRIATE FOR
USE AS AFFORDABLE HOUSING PURSUANT TO SECTION 166.0451, FLORIDA
STATUTES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
FUTURE MEETINGS
Meeting dates, times, and location are subject to change. Please check the City's website for the most
current schedule. Meetings will be held at the City of Aventura Government Center (19200 West
Country Club Drive,Aventura).
COMMISSION REGULAR WORKSHOP—NOVEMBER 17,2023 AT 9 AM
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such
proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone
wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through
the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com.
Page 6 of 6
CITY OF "ENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: November 3, 2023
SUBJECT: Approval of Minutes
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the attached minutes, as provided
by the City Clerk, for the Commission meetings held as listed below.
BACKGROUND
Meetings were held and minutes have been provided for Commission approval for the
following:
• September 21, 2023 City Commission Regular Workshop
• October 3, 2023 City Commission Regular Meeting
• October 19, 2023 City Commission Special Meeting
• October 19, 2023 City Commission Regular Workshop
Should you have any questions, please contact me.
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AVENTURA CITY COMMISSION
REGULAR WORKSHOP MINUTES
SEPTEMBER 21, 2023
9:00 a.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, FL 33180
1. Call to Order/Roll Call: The meeting was called to order by Mayor Weinberg at
9:03 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Amit
Bloom, Commissioner Rachel S. Friedland', Commissioner Billy Joel, Commissioner Paul
A. Kruss, Commissioner Dr. Linda Marks2, 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 already done at the Aventura Governing
Board Meeting.
The following item was taken out of order:
Waterways and Founders Park Project Update (City Manager): Mayor
Weinberg introduced the item and read emails from 1 .) Rachel Silverstein, Ph.D.,
Executive Director & Waterkeeper - Miami Waterkeeper with the subject Turf Grass
Analysis and 2.) Alan Sataloff, Chief Executive Officer - Michael-Ann Russell JCC (North
Miami Beach) with the subject The Benefits of our Artificial Turf Fields.
Mr. Wasson provided brief comments regarding the newly installed synthetic grass on the
field at Waterways Park and the project to install the same grass on the field at Founders
Park. He introduced the experts in attendance to report on studies regarding synthetic
grass and briefly reviewed their bios.
Michael K. Peterson, M.E.M, DABT, Principal — Gradient, followed by Michael C. Meyers,
PhD, FACSM provided information on synthetic turf and responded to questions.
The City Commission discussed various aspects of synthetic turf versus real grass
including heat index, long-term side effects, use of fertilizer and pesticides, rubber tire
crumbs, maintenance, history of EPA study, research, forever chemical levels, infill
weight, and safety.
1 Participated via virtual communications media technology. Left the meeting at approximately 10:00 a.m., during
the Waterways and Founders Park Project Update.
2 Left the meeting at 2:27 p.m. following discussion of the Charter Schools Conference.
Aventura City Commission
Regular Workshop Minutes—September 21, 2023
City Manager Summary: It was the consensus of the City Commission that the
projects will move forward with the recognition that there is a difference of opinion.
RECESS AND RECONVENE: The meeting was recessed at 10:32 a.m., to continue the
Aventura Governing Board (ACES and DSAHS) Meeting, and reconvened at 11 :59 a.m.
3. Discussion: Development Proposed at 20605 NE 34 Avenue (City Manager):
Mr. Wasson introduced the item, with project modifications to the ground level.
Community Development Director Keven Klopp briefly explained the history of the project
and the prior application.
The following provided information on the project for Aventura Harbor including 22 units
and the addition of a linear park open to the public: Alan Rosenthal, Esq. (20900 NE 30
Avenue, Suite 600, Aventura), Kobi Karp — Architect (571 NW 28 Street, Miami), and
Dana Goldman (308 Poinciana Island Drive, Suite 710, Sunny Isles Beach).
Mayor Weinberg explained the process for Commission workshops to members of the
public.
Mr. Meyers discussed the restrictive covenant on the property, which the Commission
would need to approve releasing for the project to proceed.
The following members of the public provided comments: Cheryl Gerber (Bonavista
Condominium - 3375 N. Country Club Drive, Aventura) and Enid Weisman (Aventura).
The City Commission discussed the item including the need for the developer to meet
with the residents of neighboring buildings, the Commission's commitment to improving
the City, and improving traffic flow for the project.
City Manager Summary: It was the consensus of the City Commission for the
developer to meet with the stakeholders and, if done so in time, for the item to be
scheduled for the October 3, 2023 City Commission Meeting and, if not, then for the item
to be scheduled for the November 7, 2023 City Commission Meeting.
RECESS AND RECONVENE: The meeting was briefly recessed at 12:59 p.m., for a
break, and reconvened at 1 :13 p.m.
The following item was taken out of order:
Discussion: ICON Aventura HERO Housing (Mayor Weinberg): Mayor
Weinberg provided background information on the item.
The following provided input on HERO housing on behalf of the ICON Aventura project
including reduction in the number of units and rent reduction percentage: Michael
Marrero, Esq. (Bercow Radell Fernandez Larkin & Tapanes PLLC, 200 S. Biscayne Blvd.,
Suite 300, Miami).
Page 2 of 6
Aventura City Commission
Regular Workshop Minutes—September 21, 2023
The City Commission discussed the item including reducing the number of units required,
the rent reduction percentage, a mix needed of 1 and 2 bedroom units, and the agreement
to be negotiated.
Mr. Meyers noted the changes that would need to be made to the ordinance to be
presented to the City Commission, as well as guidelines via a resolution.
City Manager Summary: It was the consensus of the City Commission for a City
Commission Special Meeting to be scheduled for October 19, 2023 (prior to the
Commission Workshop) since there wasn't time to meet the noticing requirements for the
item prior to the October 3, 2023 Commission Meeting.
The following item was taken out of order:
Discussion: Skyline Connection Between Sunny Isles and Aventura (Mayor
Weinberg): Mayor Weinberg introduced the item.
Ken Percy, President — SIB SkyLine Partners, LLC, provided a presentation for the
concept of a SkyLine for Aventura and Sunny Isles Beach, which would provide a platform
above the Lehman Causeway for a hydrogen powered electric-tram, as well as a
pedestrian area to facilitate access to the beach, etc. The City Commission was
requested to contribute $18,000 for a feasibility study.
The City Commission discussed the item including extending it further south, whether or
not there is a demand for it, similar projects, speaking to Aventura Mall and Brightline,
potential benefits for Aventura and Sunny Isles Beach, and state funding.
The following members of the public provided comments: Steve Weisman (Aventura).
City Manager Summary: It was the consensus of the City Commission to support
the idea of a feasibility study without contributing funds.
The following item was taken out of order:
Discussion: Charter Schools Conference (Commissioner Dr. Marks) and
Discussion: Conflict of Interest and Code of Ethics Ordinance - Miami-Dade
County Code Sec. 2-11.1(w) — Travel Expenses Paid by Vendors and Service
Providers (City Attorney): Commissioner Dr. Marks requested that she be able to attend
the Charter Schools Conference.
Mr. Meyers reported on the Florida Ethics Commission no longer recognizing the
County's waiver allowance for travel expenses to be paid by vendors and service
providers. As such, members of the City Commission could still attend if the City paid,
which is already covered via a Resolution.
City Manager Summary: Mayor Weinberg and Commissioner Dr. Marks will
attend the Charter Schools Conference based on the resolution of approved items they
are allowed to attend.
Page 3 of 6
Aventura City Commission
Regular Workshop Minutes—September 21, 2023
The following item was taken out of order:
Discussion: Proposed Sale of Alcoholic Beverages in Aventura Mall Food
Court (City Manager): Mr. Wasson introduced the item requiring conditional use
approval.
The following provided information on the project for Treats Spirits, LLC: Alan Rosenthal,
Esq. (20900 NE 30 Avenue, Suite 600, Aventura) and Vianny Sanguily, Director of
Creative Development — OOMM Interior Architecture and Design (7265 NE 4 Avenue,
#101 , Miami).
The City Commission discussed the item.
City Manager Summary: It was the consensus of the City Commission to
schedule the item for the October 3, 2023 City Commission Meeting.
4. Discussion: Proposed Contract for Professional Consulting/Comprehensive
Planning Services to Fulfill the Miami-Dade County Rapid Transit Zone (RTZ)
Requirements (City Manager): Mr. Wasson discussed the need to hire a professional
planning consultant, TranSystems, for a three-phased plan.
Community Development Director Keven Klopp reviewed a map of undeveloped land in
Aventura and the recommended next steps to meet the County's requirements as
required by July 2024.
The City Commission discussed the item including the time frame, explaining the process
to developers waiting to apply, County requirements, holding an open community forum,
and educating residents.
City Manager Summary: It was the consensus of the City Commission to
schedule the item for the October 3, 2023 City Commission Meeting.
5. Discussion: ICON Aventura HERO Housing (Mayor Weinberg): This item was
discussed earlier in the meeting.
6. Discussion: Proposed Sale of Alcoholic Beverages in Aventura Mall Food
Court (City Manager): This item was discussed earlier in the meeting.
7. Discussion: Additional Hours for Freebee (City Manager): Mr. Wasson
discussed the success of the FreeBee program and suggested expanding the service
hours by adding 2 hours for each of the 8 Tesla vehicles at a cost of$134,870.
The City Commission discussed the item including educating the public.
City Manager Summary: It was the consensus of the City Commission to
schedule the item for the October 3, 2023 City Commission Meeting.
Page 4 of 6
Aventura City Commission
Regular Workshop Minutes—September 21, 2023
8. Discussion: Proposed Ordinance Prohibiting Homeless Camping in Public
Places (Mayor Weinberg): Mayor Weinberg discussed the recent ordinance adopted in
Miami Beach to combat the homeless and ways Aventura could provide something
similar.
Mr. Meyers discussed the legal options available to the City.
Assistant City Manager Bryan Pegues discussed working on an agreement as well as an
ordinance to also address littering and public urination.
City Manager Summary: It was the consensus of the City Commission to
schedule the item for the October 3, 2023 City Commission Meeting.
9. Discussion: Anti-Defamation League Open Letter to Combat Antisemitism
(Mayor Weinberg): Mayor Weinberg reported on signing the open letter on behalf of
himself, read the language provided in the letter, and requested that consensus be given
to sign the letter on behalf of the City Commission.
The Commission members discussed the item. Mayor Weinberg noted that the letter
would not be signed on behalf of the City Commission unless there was unanimous
support to do so.
City Manager Summary: Unanimous support was not provided to sign the letter
on behalf of the City Commission. Individual members of the City Commission will be
provided with the letter to sign it should they wish to.
10. Discussion: Changing the November 16, 2023 City Commission Workshop
to November 14t" or 17t" (Mayor Weinberg): Mayor Weinberg explained his request to
change the date of the November City Commission Workshop.
Mr. Wasson reported that the date would be changed to November 17, 2023.
Mr. Meyers reported that the Workshop would be followed by an annual 2-hour ethics
training session.
City Manager Summary: It was the consensus of the City Commission for the
November City Commission Workshop to be changed to November 17, 2023.
11. Discussion: Skyline Connection Between Sunny Isles and Aventura (Mayor
Weinberg): This item was discussed earlier in the meeting.
12. Discussion: Charter Schools Conference (Commissioner Dr. Marks) and
Discussion: Conflict of Interest and Code of Ethics Ordinance - Miami-Dade
County Code Sec. 2-11.1(w) — Travel Expenses Paid by Vendors and Service
Providers (City Attorney): This item was discussed earlier in the meeting.
13. Update: Promenade Appeal (City Attorney): Mr. Meyers provided an update on
the appeal by the Promenade regarding their violation of the City's short term rental code.
Page 5 of 6
Aventura City Commission
Regular Workshop Minutes—September 21, 2023
City Manager Summary: This item was provided for informational purposes.
14. Waterways and Founders Park Project Update (City Manager): This item was
discussed earlier in the meeting.
No additional items were discussed.
15. Adjournment: There being no further business to come before the City
Commission, the meeting was adjourned by consensus at 3.12 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on November 7, 2023.
Page 6 of 6
&`?i
AVENTURA CITY COMMISSION
REGULAR MEETING MINUTES
OCTOBER 3, 2023
Following 6:00 p.m. Local Planning Agency Meeting
Aventura Government Center
19200 W. Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Weinberg at 6:17 p.m. The roll was called and the following were present: Mayor Howard
S. Weinberg, Vice Mayor Amit Bloom, Commissioner Rachel S. Friedland, Commissioner
Billy Joel, Commissioner Paul A. Kruss', Commissioner Dr. Linda Marks, Commissioner
Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City
Attorney Robert Meyers. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was done at the Local Planning Agency
Meeting.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
• Legislative Update: Senator Jason Pizzo reported on the legislative
session.
• Proclamations: A Proclamation was presented to Vice Mayor Amit Bloom
designating Breast Cancer Awareness Month (October 2023).
• Special Recognitions: None.
• Employee Service Awards: None.
• Charter School Updates: None.
5. CONSENT AGENDA: There were no requests from the public to address the City
Commission.
1 Participated via virtual communications media technology. Due to technical issues,participated sporadically up to
Item 6B then participated in all items.
Aventura City Commission Regular Meeting Minutes
October 3, 2023
A motion to approve the items on the Consent Agenda was offered by Commissioner
Friedland, seconded by Vice Mayor Bloom, and passed unanimously (6-0) by roll call
vote, with Commissioner Kruss absent. The following action was taken:
A. Minutes approved as follows:
• September 5, 2023 City Commission First Budget Hearing
• September 5, 2023 City Commission Regular Meeting
• September 13, 2023 City Commission Second Budget Hearing
B. Resolution No. 2023-45 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA
DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Resolution No. 2023-46 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AWARDING A CONTRACT FOR BID NO. 23-08-25-3, WATERWAYS DOG PARK PRE-
ENGINEERED RESTROOM BUILDING, TO GREEN ENGINEERING & CONSTRUCTION,
INC. AT THE BID PRICE AS OUTLINED; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
D. Resolution No. 2023-47 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED CHANGE ORDER FOR THE INSTALLATION OF A SHADE
CANOPY STRUCTURE AS PART OF THE FOUNDERS PARK SOUTH FACILITY PROJECT,
BY AND BETWEEN THE CITY AND BEJAR CONSTRUCTION, INC; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
E. Motion approved as follows:
A MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF BARBARA BUXTON,
ESQ. AND DANIEL NAIM AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE
ENFORCEMENT PROCESS.
F. Motion approved as follows:
A MOTION AUTHORIZING THE APPROPRIATION OF UP TO $10,000 FOR CRIME
PREVENTION PROGRAMS, EQUIPMENT AND TRAINING, AS WELL AS THE POLICE
EXPLORER PROGRAM, FROM THE POLICE STATE FORFEITURE FUNDS IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
Page 2 of 9
Aventura City Commission Regular Meeting Minutes
October 3, 2023
G. Motion approved as follows:
AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES):
A MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR
THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE
30, 2023 AND TO ACCEPT FOR FILING THAT LETTER DATED SEPTEMBER 15, 2023
ATTACHED HERETO AS ATTACHMENT 1.
H. Motion approved as follows:
AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS):
A MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR
THE DON SOFFER AVENTURA HIGH SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30,
2023 AND TO ACCEPT FOR FILING THAT LETTER DATED SEPTEMBER 15, 2023
ATTACHED HERETO AS ATTACHMENT 1.
I. Resolution No. 2023-48 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING THE THIRD AMENDMENT TO THE AGREEMENT WITH FREEBEE, LLC TO
EXPAND THE SERVICE HOURS OF THE TESLA MODEL X VEHICLES; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
J. Resolution No. 2023-49 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE
CITY OF AVENTURA AND THE CITY OF SWEETWATER FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
K. Resolution No. 2023-50 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 2023-001 IN THE AMOUNT OF $150,000 FOR PROFESSIONAL
PLANNING SERVICES RELATED TO THE REGIONAL TRANSIT ZONE (RTZ) AND
METROPOLITAN URBAN CENTER (MUC) PROJECT BY AND BETWEEN THE CITY OF
AVENTURA AND TRANSYSTEMS, CORP.; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
6. PUBLIC HEARINGS:
It was announced that Items 6F, 6G, 6H, and 61 were continued to the November 7, 2023
City Commission Meeting.
Mr. Meyers reviewed the quasi-judicial procedures for Items 613, 6D, and 6E and Mrs.
Horvath administered the oath to all those wishing to offer testimony on the items.
Page 3 of 9
Aventura City Commission Regular Meeting Minutes
October 3, 2023
RESOLUTIONS:
Mrs. Horvath read the following Resolution title:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
PURSUANT TO SECTION 197.3632, OF THE FLORIDA STATUTES, PROVIDING FOR A
UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR
STORMWATER SERVICES, AUTHORIZING ENTERING INTO AN INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY TO PLACE THE CITY'S PROPOSED NON-AD
VALOREM ASSESSMENTS ON THE COUNTY TAX BILL; PROVIDING FOR THE
TRANSMITTAL OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Friedland and
seconded by Vice Mayor Bloom.
Mr. Wasson reviewed the item.
No comments were provided by the City Commission.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Resolution passed unanimously (6-0) by roll call vote, with
Commissioner Kruss absent, and Resolution No. 2023-51 was adopted.
Mrs. Horvath read the following Resolution title:
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF
ALCOHOLIC BEVERAGES AT THE INDOOR COCKTAIL/BAR LOUNGE AREA ON SPACE
FH7 OF THE TREATS FOOD COURT IN THE AVENTURA MALL, LOCATED AT 19565
BISCAYNE BOULEVARD; PROVIDING FOR IMPLEMENTATION;AND PROVIDING FORAN
EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (613)
A motion for approval of the Resolution was offered by Vice Mayor Bloom and seconded
by Commissioner Stern.
Community Development Director Keven Klopp entered the comments from the Local
Planning Agency Meeting into the record by reference as well as the staff report
recommending approval subject to the conditions listed.
No comments were provided on behalf of the Applicant (Treats Spirts, LLC).
No comments were provided by the City Commission.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
Page 4 of 9
Aventura City Commission Regular Meeting Minutes
October 3, 2023
The motion for approval of the Resolution passed unanimously by roll call vote and
Resolution No. 2023-52 was adopted.
Mrs. Horvath read the following Resolution title:
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
RELEASING THE DECLARATION OF RESTRICTIVE COVENANT REQUIREMENT SET
FORTH IN ORDINANCE NO. 2013-02 INTENDED TO RESTRICT THE ALLOWED DENSITY
ON A PARCEL OF LAND LOCATED AT 20605 NE 34 AVENUE IN THE CITY OF AVENTURA
TO NO MORE THAN FIVE (5) RESIDENTIAL DWELLING UNITS; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Stern and
seconded by Vice Mayor Bloom.
Community Development Director Keven Klopp entered the staff report into the record
recommending approval.
The following provided comments on behalf of the Applicant (Alan S. Rosenthal, Esq. —
Rosenthal, Rosenthal, Rasco LLC, on behalf of Aventura Harbor Property, LLC) for
property located at 20605 NE 34 Street (Aventura Harbor): Alan Rosenthal, Esq. (20900
NE 30 Avenue Suite 600, Aventura), Kobi Karp — Architect (571 NW 28 Street, Miami),
Fernando de Nunez (Aventura Harbor Property, LLC - Location3 Investments — 2333
Ponce de Leon Blvd. Suite 630, Coral Gables), and Dana Goldman (308 Poinciana Island
Drive Suite 710, Sunny Isles Beach).
The City Commission discussed the item including: whether or not the restrictive covenant
should be changed and concerns regarding that, density, submerged lands, traffic,
projects that could be built without approval, Live Local Act, and the seawall.
Mayor Weinberg opened the item for public comment. The following members of the
public provided comments: Robert Ebaugh (3375 N. Country Club Drive #305, Aventura),
Michael Putney (21055 Yacht Club Drive #2201 , Aventura), Katrina Geslock (3401 N.
Country Club Drive #404, Aventura), Ivonne Ballestas (2960 NE 2071h Street #505,
Aventura), Preston Leschins (3475 W. Country Club Drive, Aventura), Suzanne
Sugarman, (20244 NE 341h Court, Aventura). Xavier (3375 N. Country Club Drive,
Aventura), Ivan Ramirez (Aventura resident), Resident (Ensenada, Aventura), Michael
Bress (Bonavista, Aventura), Cheryl Gerber (3375 N. Country Club Drive #1504,
Aventura), Natacha Jean Baptiste (3401 N. Country Club Drive #301, Aventura), Edward
Sudol (3375 N. Country Club Drive #202, Aventura), Natalie Kerrigan (Ensenada,
Aventura), and Gregg Bartels (3375 N. Country Club Drive #1502, Aventura).
There being no additional comments, Mayor Weinberg closed the item for public input.
Mr. Klopp and Mr. Meyers clarified the ordinance number (2013-02) that the restrictive
covenant requirement was set forth in.
Page 5 of 9
Aventura City Commission Regular Meeting Minutes
October 3, 2023
The motion for approval of the Resolution passed (4-3) by roll call vote, with Mayor
Weinberg, Commissioner Friedland, and Commissioner Dr. Marks voting no, and
Resolution No. 2023-53 was adopted.
Mrs. Horvath read the following Resolution title:
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-143(E)(2A)C OF
THE LAND DEVELOPMENT REGULATIONS AND THE CITY'S GREEN BUILDING
PROGRAM AS SET FORTH IN ARTICLE VI OF CHAPTER 14 OF THE CITY CODE TO
PERMIT A FLOOR AREA RATIO OF 4.8 WHERE THE LAND DEVELOPMENT
REGULATIONS PERMIT A MAXIMUM FLOOR AREA RATIO OF 1.5 FOR THE
DEVELOPMENT OF A RESIDENTIAL BUILDING TO BE CONSTRUCTED AT 20605 NE 34
AVENUE; 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 (61D).
A motion for approval of the Resolution was offered by Vice Mayor Bloom and seconded
by Commissioner Kruss.
Community Development Director Keven Klopp entered the staff report into the record
recommending approval, subject to the conditions listed.
No comments were provided on behalf of the Applicant (Alan S. Rosenthal, Esq. —
Rosenthal, Rosenthal, Rasco LLC, on behalf of Aventura Harbor Property, LLC) for
property located at 20605 NE 34 Street (Aventura Harbor).
No comments were provided by the City Commission.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Resolution passed (4-3) by roll call vote, with Mayor
Weinberg, Commissioner Friedland, and Commissioner Dr. Marks voting no, and
Resolution No. 2023-54 was adopted.
Mrs. Horvath read the following Resolution title:
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
GRANTING A VARIANCE FROM SECTION 31-143(E)(3)(B) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT A HEIGHT OF 15 STORIES (192 FEET)
WHERE A HEIGHT OF 7 STORIES (80 FEET) IS PERMITTED FOR THE PROPERTY
LOCATED AT 20605 NE 34 AVENUE, IN THE CITY OF AVENTURA; AND PROVIDING FOR
AN EFFECTIVE DATE.
Note: The Quasi-Judicial procedures of the City shall be invoked for this item (6E).
A motion for approval of the Resolution was offered by Vice Mayor Bloom and seconded
by Commissioner Stern.
Page 6 of 9
Aventura City Commission Regular Meeting Minutes
October 3, 2023
Community Development Director Keven Klopp entered the staff report into the record
recommending approval, subject to the conditions listed.
No comments were provided on behalf of the Applicant (Alan S. Rosenthal, Esq. —
Rosenthal, Rosenthal, Rasco LLC, on behalf of Aventura Harbor Property, LLC) for
property located at 20605 NE 34 Street (Aventura Harbor).
No comments were provided by the City Commission.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Resolution passed (4-3) by roll call vote, with Mayor
Weinberg, Commissioner Friedland, and Commissioner Dr. Marks voting no, and
Resolution No. 2023-55 was adopted.
It was announced that the following items were continued to the November 7, 2023 City
Commission Meeting:
ORDINANCES — SECOND READING:
Continued to the November 7, 2023 City Commission Meeting:
F. 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.
Continued to the November 7, 2023 City Commission Meeting:
G. 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 (6C).
Continued to the November 7, 2023 City Commission Meeting:
H. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31,
"LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY
AMENDING SECTION 31-143, "RESIDENTIAL ZONING DISTRICTS", TO PROVIDE FOR A
NEW ZONING DISTRICT, "TRANSIT ZONE HIGH DENSITY RESIDENTIAL (RMF5)";
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Page 7 of 9
Aventura City Commission Regular Meeting Minutes
October 3, 2023
Continued to the November 7, 2023 City Commission Meeting:
I. 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 (6E).
7. ORDINANCE — FIRST READING/PUBLIC INPUT:
Mrs. Horvath read the following Ordinance title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CERTAIN
SECTIONS OF CHAPTER 30, ARTICLE III, DIVISION 2 ENTITLED STORMWATER UTILITY
SYSTEM, OF THE CITY CODE OF ORDINANCES, PROVIDING FOR THE COLLECTION OF
THE STORMWATER UTILITY FEE USING THE UNIFORM METHOD OF COLLECTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Kruss and
seconded by Commissioner Friedland.
Mr. Wasson explained the item.
No comments were provided by the City Commission.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Ordinance on first reading passed unanimously by roll call
vote.
Mrs. Horvath read the following Ordinance title:
B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE
OF ORDINANCES TO CREATE SECTION 1-21 "CAMPING PROHIBITED"; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Vice Mayor Bloom and seconded
by Commissioner Dr. Marks.
Mr. Wasson and Mr. Meyers explained the item.
The City Commission discussed the item.
Page 8 of 9
Aventura City Commission Regular Meeting Minutes
October 3, 2023
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval of the Ordinance on first reading passed unanimously by roll call
vote.
8. RESOLUTION/PUBLIC INPUT: None.
9. REPORTS: No reports were provided by members of the City Commission.
10. PUBLIC COMMENTS: Mr. Meyers reviewed the rules of decorum and for speaker
comments. The following members of the public provided comments: Dalia Bechon
(Coronado Condominium - 20301 W. Country Club Drive, Aventura). Nicolas Henrique
(Coronado Condominium - 20301 W. Country Club Drive #2423, Aventura), and Ernesto
Rangel (Coronado Condominium - 20379 W. Country Club Drive #1536, Aventura).
11. OTHER BUSINESS: None.
12. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Dr. Marks, seconded by
Commissioner Stern, and unanimously approved; thus, adjourning the meeting at 8.51
p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on November 7, 2023.
Page 9 of 9
&`?i
AVENTURA CITY COMMISSION
SPECIAL MEETING MINUTES
OCTOBER 19, 2023
Following 9:00 a.m. Local Planning Agency Meeting
Aventura Government Center
19200 W. Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Weinberg at 9:29 a.m. The roll was called and the following were present: Mayor Howard
S. Weinberg, Vice Mayor Amit Bloom, Commissioner Rachel S. Friedland',
Commissioner Billy Joel, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks,
Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L.
Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was done at the Local Planning Agency
Meeting.
Mrs. Horvath read the following motion:
3. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS):
A MOTION APPROVING A SCHOOL CALENDAR AMENDMENT FOR THE DON SOFFER
AVENTURA HIGH SCHOOL (DSAHS).
A motion for approval was offered by Vice Mayor Bloom and seconded by Commissioner
Kruss.
Mr. Wasson reviewed the item.
No comments were provided by the City Commission.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval passed unanimously by roll call vote.
Mrs. Horvath read the following motion:
1 Participated via virtual communications media technology.
Aventura City Commission Special Meeting Minutes
October 19, 2023
4. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS):
A MOTION APPROVING AN AMENDMENT TO THE DON SOFFER AVENTURA HIGH SCHOOL
(DSAHS)CHARTER SCHOOL CONTRACT WITH THE MIAMI-DADE COUNTY SCHOOL BOARD
TO INCREASE THE ENROLLMENT CAP FROM 800 TO 900 STUDENTS.
A motion for approval was offered by Commissioner Dr. Marks and seconded by
Commissioner Joel.
Mr. Wasson reviewed the item.
The City Commission discussed the item including increasing the cap, the capacity of the
current school, and the possibility of a new school in the future.
A motion to amend the approval was offered by Commissioner Dr. Marks and seconded
by Commissioner Stern to increase the enrollment cap from 800 to 900 students and up
to 1 ,000 students if possible.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion for approval as amended passed unanimously by roll call vote.
5. ORDINANCE — FIRST READING/PUBLIC INPUT: Mrs. Horvath read the
following Ordinance title:
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, "TOWN CENTER ZONING DISTRICTS", TO ALLOW
MULTIFAMILY RESIDENTIAL DENSITIES WITH A MAXIMUM OF 70 DWELLING UNITS PER
ACRE FOR DEVELOPMENTS THAT PROVIDE 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 approve the Ordinance with the amendment for a maximum of 70 dwelling
units per acre for developments in the TC1 District and for a maximum of 50 dwelling
units per acre for developments in the TC2, TC3, and TC4 Districts was offered by
Commissioner Dr. Marks and seconded by Commissioner Joel.
Community Development Director Keven Klopp entered the comments from the Local
Planning Agency Meeting into the record by reference and entered the staff report
recommending approval, subject to conditional use approval, in exchange for the project
committing residential units to the City's HERO Housing program.
The City Commission discussed the item including the HERO housing concept, feature
article on Aventura in Invest Magazine, letters of support from the Police Chief and
Page 2 of 3
Aventura City Commission Special Meeting Minutes
October 19, 2023
Charter School Principals, providing information to other municipalities wanting to
emulate HERO housing, and recruitment for officers and 911 operators.
Mayor Weinberg opened the item for public comment.
The following members of the public provided comments: Michael Marrero, Esq. (Bercow
Radell Fernandez Larkin & Tapanes, PLLC - 200 S. Biscayne Blvd. Suite 300, Miami).
There being no additional comments, Mayor Weinberg closed the item for public input.
The motion for approval of the Ordinance as amended on first reading passed
unanimously by roll call vote.
6. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Joel, seconded by Vice
Mayor Bloom, and unanimously approved; thus, adjourning the meeting at 9.53 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on November 7, 2023.
Page 3 of 3
w
a
AVENTURA CITY COMMISSION
REGULAR WORKSHOP MINUTES
OCTOBER 19, 2023
Following 9:00 a.m. City Commission Special Meeting
Aventura Government Center
19200 W. Country Club Drive
Aventura, FL 33180
1. Call to Order/Roll Call: The meeting was called to order by Mayor Weinberg at
9:54 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Amit
Bloom, Commissioner Rachel S. Friedland', Commissioner Billy Joel, Commissioner Paul
A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, City Manager
Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a
quorum was determined to be present, the meeting commenced.
2. Pledge of Allegiance: The Pledge was already done at the Local Planning
Agency Meeting.
3. Update: Founders Day Celebration (City Manager): Mr. Wasson introduced the
item for this year's Founders Day scheduled for November 12, 2023 at Gulfstream Park,
due to work at Founders Park.
Community Services Director Kimberly Merchant provided an overview of the plans,
approved by the Community Services Advisory Board, for Founders Day including the
following: event layout, activities and attractions, community stage, residents/guest
registration, transportation and parking plan, and marketing plan.
Evan Ross, City Consultant— Public Communicators Group LLC, provided comments on
the marketing plan.
The City Commission discussed the item including the marketing plan, providing the
buildings with flyers, registration process, photos, and the ability for an organization such
as Aventura Cares to accept donations in support of Israel.
Mr. Meyers noted the need for Gulfstream to approve the use of the land, since it was not
City property.
City Manager Summary: It was the consensus of the City Commission for
Commissioner Friedland to work with Mr. Wasson and Mr. Meyers on the possibility of
certain charities accepting donations.
'Participated via virtual communications media technology.
Aventura City Commission
Regular Workshop Minutes—October 19, 2023
4. Discussion: Proposed Padel Park at Cardone Capital —Conditional Use (City
Manager): Mr. Wasson introduced the item for a Padel Park on top of the parking garage
at 18851 NE 29 Avenue.
The following provided input on the conceptual design for a Padel Park including locker
rooms, juice bar, and parking area on behalf of Padel Park Aventura: Michael Marrero,
Esq. (Bercow Radell Fernandez Larkin & Tapanes PLLC, 200 S. Biscayne Blvd., Suite
300, Miami), Jean Francois Gervais, Architect (Idea Architect LLC 3323 NE 163 Street,
Suite 200, North Miami Beach), and Virgilio Namnum (Padel Park Aventura LLC).
The City Commission discussed the item including parking, height of glass walls to
prevent balls from leaving the courts, time for development, providing mechanism for
noise cancellation, removal of walls during a hurricane, enclosing the area, and hours of
operation.
City Manager Summary: It was the consensus of the City Commission for the
item to proceed with conditions for noise, lighting, and hours of operation.
RECESS AND RECONVENE: The meeting was briefly recessed at 10.40 a.m., for a
break, and reconvened at 10.50 a.m.
5. Discussion: Waterways Townhomes Variance to Allow for Gated Entry (City
Manager): Mr. Wasson introduced the item.
Community Development Director Keven Klopp provided comments on the item.
The following provided input on behalf of AIR Waterways Village, LLC: Ethan
Wasserman, Esq. (Greenberg Traurig, 333 SE 2nd Avenue, 44th Floor, Miami).
The City Commission discussed the item including the number of units, parking, and
location of the gated entry.
City Manager Summary: It was the consensus of the City Commission to
schedule the item for the November 7, 2023 City Commission Meeting.
6. Discussion: Public Storage on Biscayne Boulevard — Conditional Use and
Variances for Expansion (City Manager): Mr. Wasson introduced the item for the Public
Storage facility located at 21280-21288 Biscayne Boulevard.
The following provided information on the project including increased landscaping,
providing replacement more modern buildings, addressing drainage on the site, burying
powerlines, and requiring conditional use and variance for Public Storage: Brian Adler,
Esq. (Bilzin Sumberg Baena Price & Axelrod LLP, 1450 Brickell Avenue, Suite 2300,
Miami) and Patrick Hart, Manager— Development (Public Storage).
The City Commission discussed the item including discussions with the neighboring
assisted living building regarding the project, the developer providing storage for the City,
Page 2 of 5
Aventura City Commission
Regular Workshop Minutes—October 19, 2023
not allowing bright orange colored buildings, and looking into the possibility of pickleball
courts on the roof.
City Manager Summary: It was the consensus of the City Commission to
schedule the item for the November 7, 2023 City Commission Meeting.
7. Discussion: Minimum Zoning Code Revisions to Comply with Rapid Transit
Zone (RTZ) Requirements (City Manager): Mr. Wasson introduced the item and the
concept to review the analysis done by the City of Miami Beach for compliance with the
County requirements and the City providing a similar review with associated revisions to
the Aventura Code.
Community Development Director Keven Klopp reviewed the proposed amendments.
City Manager Summary: It was the consensus of the City Commission to
schedule the item for the November 7, 2023 City Commission Meeting.
8. Discussion: Live Local Act (State Preemption of Local Zoning for Affordable
Housing) (City Manager): Mr. Wasson introduced the item.
Community Development Director Keven Klopp reviewed the new State law for affordable
housing projects that would be administrative and require a resolution to provide notice.
Mr. Meyers provided comments regarding other municipalities.
The City Commission discussed the item.
City Manager Summary: It was the consensus of the City Commission to
schedule the item for the November 7, 2023 City Commission Meeting.
9. Discussion: Approval Request for Proposed Ordinance Amendment —
SECURE 2.0 Act Compliance (City Manager): Mr. Wasson explained the item required
to comply with the Act with changes to the IRS Code and without a financial impact.
The City Commission discussed the item.
City Manager Summary: It was the consensus of the City Commission to
schedule the item for the November 7, 2023 City Commission Meeting.
10. Discussion: Israel Solidarity Resolution (Mayor Weinberg): Mayor Weinberg
discussed other resolutions adopted by neighboring municipalities and requested that the
City of Aventura also consider adopting a resolution.
The City Commission discussed the item.
City Manager Summary: It was the consensus of the City Commission for
Commissioner Kruss to work with Mr. Meyers on a resolution for the November 7, 2023
City Commission Meeting, with signature lines for all members of the City Commission.
Page 3 of 5
Aventura City Commission
Regular Workshop Minutes—October 19, 2023
The following additional item was discussed:
Additional Support for Israel: Commissioner Kruss also suggested additional
support for Israel in a meaningful way through an increase in Israeli bonds and the
purchase of an ambulance.
Mr. Wasson provided information on the current amount in Israeli bonds per the City's
Investment Policy and the ability to provide a charitable donation with a minimum of 6
affirmative votes per the City Charter.
Mr. Meyers discussed the options available to the City Commission with ample
justification for this particular donation.
The City Commission discussed the item.
City Manager Summary: It was the consensus of the City Commission to provide
resolutions for consideration at the November 7, 2023 City Commission Meeting for 1 .)
the donation of an ambulance to Israel and 2.) changing the policy to increase the
investment in Israeli bonds up to $500,000.00.
11. City Clerk's Annual Review: The City Commission provided positive feedback
on the City Clerk's performance during the past year.
City Manager Summary: It was the consensus of the City Commission to provide
Mrs. Horvath with a 5% salary adjustment and an annual performance bonus of$15,000.
The following additional items were discussed.
Commissioner Billy Joel will work with Mr. Wasson and Ms. Horvath on their annual
reviews in the future.
Social Media: Commissioner Friedland reported on the need for a more robust
social media presence.
Mr. Wasson provided information on the interview process for a new social media
specialist, new content forthcoming, and the upcoming television channel.
The City Commission discussed the item including writing, newsletter, social media, and
understanding the City's culture.
Evan Ross, City Consultant — Public Communicators Group LLC, provided positive
comments on the current Communications Manager who has been handling items until a
new person is hired.
City Manager Summary: It was the consensus of the City Commission that the
position be hired as an upgrade to what was done before and the need for a good working
relationship.
Page 4 of 5
Aventura City Commission
Regular Workshop Minutes—October 19, 2023
12. Adjournment: There being no further business to come before the City
Commission, the meeting was adjourned by consensus at 12:37 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on November 7, 2023.
Page 5 of 5
CITY OF AVENTURA
DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Jake Ozyman, PE, Public Works &Transportation Director
DATE: November 3, 2023
SUBJECT: Approval of BID# 23-05-16-3 Painting Services
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission authorize the City Manager to enter into an
agreement with Everglades Painting Contractors LLC and Five 12 Painting &
Remodeling.
BACKGROUND
The bidding process was in accordance with the City's Purchasing Ordinance. Bids for
the Painting Services were solicited and opened on Tuesday, May 16 2023. Seven (7)
qualified bids were received as follows:
Everglades Painting Contractors LLC
Five 12 Painting & Remodeling
Roof Painting by Hartzell
All Counties dba People Choice
Quick Painting Group
Valentino Painting
Virtue Construction & Design
All bidders submitted qualified bids, and have received positive references in their work
and performance. Staff has reviewed all bids and has determined that it is in the City's
best interest to award this bid to the top two bidders taking advantage of the lowest square
foot pricing and lump sum pricing submitted by each bidder . The City will be able to
realize a significant cost savings by using this contract for painting, lighted street poles,
interior and exterior work as may be required. All bidders will be required to post the
appropriate insurance and performance bonds and all work will be subject to review and
inspection by City staff before payment is issued. This contract is for initial two (2) year
contract with two (2) one year (1) renewals.
Funding:
The painting services will be funded through the following accounts: ACES 190-6008-
569-4620, Government Center 001-9001-590-4620 & 001-5401-54-3451, and AACC
001-7001-575-4620.
JCO/gf
Attachments: Exhibit "A" Bid Tabulation
J023008
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AWARDING CONTRACTS FOR BID NO. 23-05-
16-3, PAINTING SERVICES, TO EVERGLADES PAINTING
CONTRACTORS, LLC AND FIVE 12 PAINTING & REMODELING, LLC
AT THE BID PRICES AS OUTLINED IN EXHIBIT "A" ATTACHED;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSOCIATED
CONTRACTS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARDS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has properly solicited and accordingly accepted bids
for Bid No. 23-05-16-3 Painting Services; and
WHEREAS, staff received bids from seven companies and has determined that
Everglades Painting Contractors, LLC and Five 12 Painting & Remodeling, LLC submitted
the lowest and responsive bids for painting services; and
WHEREAS, the City Commission, upon the recommendation of the City Manager,
is therefore desirous of awarding said contracts to Everglades Painting Contractors, LLC
and Five 12 Painting & Remodeling, LLC as the lowest responsible and responsive
bidders.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That contracts for Bid No. 23-05-16-3 Painting Services are hereby
awarded to Everglades Painting Contractors, LLC and Five 12 Painting & Remodeling,
LLC at the bid prices as outlined in Exhibit "A" attached.
Section 2. That the City Manager is hereby authorized to execute contracts with
Everglades Painting Contractors, LLC and Five 12 Painting & Remodeling, LLC.
Section 3. That the City Manager is hereby authorized and requested to take all
other necessary and expedient actions to implement this Resolution in awarding these
contracts.
Section 4. That the funds to be allocated and appropriated pursuant hereto and
for the purpose of carrying out the tenets of this Resolution shall be from Budget Line
Item Number 190-6008-569-4620, 001-9001-590-46207 001-5401-54-3451, and 001-
7001-575-4620.
Section 5. That this Resolution shall become effective immediately upon its
adoption.
City of Aventura Resolution No. 2023-
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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
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CITY OF AVENTURA
DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Jake Ozyman, PE, Public Works & Transportation Director
DATE: November 3, 2023
SUBJECT: Approval of Selection of Contractor for RFP No. 23-10-03-3
Municipal Transit Services
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission authorize the City Manager to negotiate and
enter into an agreement with Beefree, LLC d/b/a FreeBee, the top ranked proposer for
Municipal Transit Services. The proposed agreement will be for an initial three (3) year
term with two (2) optional one-year extensions.
BACKGROUND
The City of Aventura (the "City") issued a Request for Proposals (RFP) on September 2,
2023. The RFP was posted to the City's website and Notice Board, and DemandStar. A
non-mandatory pre-bid meeting was held on September 12, 2023 for interested proposers
where a bid summary was given.
To qualify for award, prospective Proposers were required to:
A. Have a minimum of five (5) years of experience in providing transit services of
similar complexity and size.
B. Have been in continuous operation for a minimum of the past five (5) years from
the date of the RFP.
C. Have a clean judicial record and references.
D. Fully licensed with all applicable city, county, state and federal licenses.
E. Demonstrate financial stability.
On October 11, 2023, three (3) proposals were received from the following firms:
Proposer Base Bid Bid Alternate I
1. Beefree, LLC dba Freebee $668,103.00 $1,055,095.74
2. Escot Bus Lines, LLC $1,618,887 Did not submit
3. Limousines of South Florida, Inc. $995,091.07 Did not submit
Base bid included 12,363 service hours of a 20-24 seat bus, and the Bid Alternate I
included 24,726 service hours of a 12-15 seat bus.
The Evaluation Committee was appointed by the City Manager and comprised of the
following City staff:
1. Bryan Pegues, Assistant City Manager
2. Melissa Cruz, Finance Director
3. Jake Ozyman, Public Works & Transportation Director
Procurement performed a due diligence review of the proposals and found all three
responsive, with no material defects in their proposals, nor in the Proposers'
qualifications. Each Proposer has been in business for more than five years, they are
appropriately licensed to do the work, and provide the requested certifications and
references. Procurement did not find any issues that would indicate that any of the
responsive Proposers were incapable of performing the services.
The Evaluation Committee were provided with the proposals and on October 23, 2023,
met to discuss, review, score and rank the proposals, and a ranking was established as
follows:
Proposer Bryan Melissa Jake Total Rank
Pegues Cruz Ozyman Points
Beefree, LLC 96.00 85.00 93.00 274 1
dba Freebee
Escot Bus Lines, 53.00 50.00 65.00 168 3
LLC
Limousines of 66.10 72.10 84.10 222.3 2
South Florida, Inc.
Based on the Evaluation Committee's ranking, it is recommended that the City Manager
negotiate and execute an agreement with Beefree, LLC dba Freebee in an amount not to
exceed $668,103.00 annually for an initial term of three years, consistent with the
Beefree, LLC dba Freebee proposal attached hereto as Exhibit "A," and subject to the
City Attorney's approval as to form, content, and legal sufficiency. If an agreement cannot
be reached with the Contractor, the City Manager is authorized to negotiate and execute
an agreement with the next highest ranked firm(s), in order of ranking, until an agreement
in the best interest of the City is reached.
Attachments
J023009
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING BEEFREE, LLC D/B/A FREEBEE
FOR MUNICIPAL TRANSIT SERVICES PURSUANT TO REQUEST FOR
PROPOSALS NO. 23-10-03-3 IN AN AMOUNT NOT TO EXCEED
$668,103.00 ANNUALLY FOR AN INITIAL TERM OF THREE YEARS;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
AN AGREEMENT WITH THE NEXT HIGHEST RANKED FIRM(S), IN
ORDER OF RANKING, IF AN AGREEMENT CANNOT BE REACHED
WITH BEEFREE, LLC D/B/A FREEBEE; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura (the "City") issued a Request for Proposals No.
23-10-03-3 (the "RFP") for municipal transit services ("Services"); and
WHEREAS, three sealed proposals were received by the RFP deadline; and
WHEREAS, on October 23, 2023, an Evaluation Committee appointed by the City
Manager evaluated the proposals and ranked Beefree, LLC dba FreeBee (the
"Contractor") as the highest ranked firm; and
WHEREAS, the City Manager recommended that the Contractor be selected to
provide the Services as further provided in the Staff Memorandum supporting this
Resolution; and
WHEREAS, the City Commission desires to select the Contractor to provide the
Services and authorize the City Manager to negotiate and enter into an agreement with
the Contractor in an amount not to exceed $668,103.00 annually for an initial term of three
years consistent with the Contractor's proposal attached hereto as Exhibit "A"; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
and welfare of the residents of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That each of the above-stated recitals are hereby adopted, confirmed,
and incorporated herein.
Section 2. That the City Commission hereby selects the Contractor for the
Services.
Section 3. That the City Commission hereby authorizes the City Manager to
negotiate and execute an agreement with the Contractor in an amount not to exceed
$668,103.00 annually for an initial term of three years, consistent with the Contractor's
City of Aventura Resolution No. 2023-
proposal attached hereto as Exhibit "A," and subject to the City Attorney's approval as to
form, content, and legal sufficiency. If an agreement cannot be reached with the
Contractor, the City Manager is authorized to negotiate and execute an agreement with
the next highest ranked firm(s), in order of ranking, as provided in the Staff Memorandum
supporting this Resolution, until an agreement in the best interest of the City is reached.
Section 4. That the funds to be allocated and appropriated pursuant hereto and
for the purpose of carrying out the tenets of this Resolution shall be from Budget Line
Item Number 120-5401-541.34-55.
Section 5. 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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
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CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: November 3, 2023
SUBJECT: Resolution Approving the Reappointment of Three Members to the
Don Soffer Aventura High School Advisory Board for a Two-Year Term
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution approving the
reappointment of three members to the Don Soffer Aventura High School Advisory Board
for a two-year term.
Clifford B. Ain, CPA MST
Jorge L. Garcia
Nadine M. Weltman Laham
If you have any questions please feel free to contact me.
RJW/act
Attachment
CC03088-23
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE REAPPOINTMENT OF
MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL
ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 2-218 of the Aventura City Code provides for the creation of
the Don Soffer Aventura High School Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City
Charter, the City Commission wishes to provide for approval of the Mayor's appointment
of members to the Don Soffer Aventura High School Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the reappointment by the Mayor
of the following individuals to serve as voting members of the Don Soffer Aventura High
School Advisory Board for a two-year term:
Clifford B. Ain, CPA MST
Jorge L. Garcia
Nadine M. Weltman Laham
Section 2. 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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
City of Aventura Resolution No. 2023-
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson City Manager er C�L
DATE: November 3, 2023
SUBJECT: Recommendation to Appoint Parent Representative Members to the
Don Soffer Aventura High School Advisory Board
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution appointing
Diane Gleit and Michael S. Yavner to serve a one-year term as Parent Representative
Members to the Don Soffer Aventura High School Advisory Board.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC03087-23
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF PARENT
REPRESENTATIVE MEMBERS TO THE DON SOFFER AVENTURA
HIGH SCHOOL ADVISORY BOARD FOR A ONE-YEAR TERM; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 2-218 of the Aventura City Code provides for the creation of
the Don Soffer Aventura High School Advisory Board, with two (2) voting members
consisting of parents of those students enrolled in the Don Soffer Aventura High School
who are selected by the parents of the High School students; and
WHEREAS, the City has received the election results of the two parents who ran
unopposed and are thereby deemed to be selected by the Don Soffer Aventura High
School parents; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City
Charter, the City Commission wishes to provide for approval of the Mayor's appointment
of those members to the Don Soffer Aventura High School Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the Mayor
of the following individuals to serve as the parent representative voting members of the
Don Soffer Aventura High School Advisory Board for a one-year term from September 1,
2023 through August 31, 2023:
Diane Gleit
Michael S. Yavner
Section 2. 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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
City of Aventura Resolution No. 2023-
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager (9L
DATE: November 3, 2023
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City of Aventura
and the City of North Miami Beach
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the Law Enforcement Mutual Aid Agreement with the City of North Miami
Beach.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various departments
use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested-
1. Joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations and assemblies, controversial trials, political conventions,
labor disputes and strikes.
3. Any natural, technological or manmade disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft and
shipping disasters, fires explosions, gas line leaks, radiological incidents,
train wrecks and derailments, chemical or hazardous waste spills, and
electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from, or disturbances within, prisoner process facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Incidents requiring utilization for specialized units; e.g., underwater
recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted,
SWAT, bomb, crime scene and police information.
14. Emergency situations in which one agency cannot perform its functional
objective.
15. Joint training in areas of mutual need.
16. Joint multi-jurisdictional marine interdiction operations.
17. Off-duty special events.
18. DUI Checkpoints.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC03089-23
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Michael Bentolila, Chief of Police
DATE: October 24, 2023
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City of
Aventura and the City of North Miami Beach
November 7t' , 2023 City Commission Agenda Item
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The Agreements are
beneficial in our mission to protect our resident's safety and quality of life.
If you have any questions, please feel free to contact me.
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF NORTH MIAMI BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the City of North Miami Beach for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the attached Agreement described
in Section 1 above, and to carry out the aims of this Resolution.
Section 3. 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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
City of Aventura Resolution No. 2023-
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
BETWEEN THE CITY OF NORTH MIAMI BEACH, FLORIDA
AND THE CITY OF AVENTURA, FLORIDA
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
("Cooperation Agreement') is made as of this day of ,
2023 (Effective Date), by and between the City of North Miami Beach, Florida, a municipal
corporation having its principal office at 17011 NE 19th Avenue, 4th Floor, North Miami
Beach, Florida 33162, and the City of Aventura, Florida having its principal office at 19200
W. Country Club Drive, Aventura, Florida 33180.
RECITALS
WHEREAS, it is the responsibility of the governments of the City of North Miami
Beach, Florida, and the City of Aventura, Florida, to ensure the public safety of their
respective citizens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and man-made conditions which are, or
are likely to be, beyond the control of the services, personnel, equipment, or facilities of
the City of North Miami Beach Police Department or the City of Aventura Police
Department; and
WHEREAS, both parties desire to ensure that preparation of these law
enforcement agencies will be adequate to address any and all of these conditions, to
protect the public peace and safety, and to preserve the lives and property of the people
of the City of North Miami Beach, Florida and the City of Aventura, Florida; and
WHEREAS, it is to the advantage of each law enforcement agency to receive
and extend mutual aid in the form of law enforcement services and resources to
adequately respond to:
(1) Continuing, multi-jurisdiction law enforcement problems, so as to protect the
public peace and safety, and preserve the lives and property of the people;
and
(2) Intensive situations including, but not limited to, emergencies as defined under
Section 252.34 of the Florida Statutes, or requests for certain law enforcement
services specified herein and as defined under Section 23.1225 of the Florida
Statutes; and
WHEREAS, the City of North Miami Beach and the City of Aventura have the
authority under the Florida Mutual Aid Act, Sections 23.12 - 23.127 of Florida Statutes, to
enter into this Cooperation Agreement for law enforcement service which:
Law Enforcement Mutual Aid Agreement between
The City of North Miami Beach and the City of Aventura
Page 2 of 8
(1) Permits voluntary cooperation and operational assistance of a routine or
emergency law enforcement nature across jurisdictional lines as allowed
under Section 23.1225, of the Florida Statutes; and
(2) Provides for rendering of assistance in a law enforcement emergency as
defined in Section 252.34 of the Florida Statutes.
NOW THEREFORE, BE IT KNOWN that the City of North Miami Beach, Florida
and the City of Aventura, Florida, in consideration for mutual promises to render valuable
aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by
the following terms and conditions:
SECTION I. PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby voluntarily approve and
enter into this Cooperation Agreement, whereby each of the agencies may request and
render law enforcement assistance to the other in dealing with any circumstances
requiring law enforcement intervention such as, but not limited to, those circumstances
enumerated within Section II of this Cooperation Agreement, as set forth pursuant to and
under the authority of Chapter 23 of the Florida Statutes.
SECTION II. PROVISIONS FOR OPERATIONAL ASSISTANCE
The parties to this Cooperation Agreement may request and render law
enforcement assistance to each other for circumstances including, but not limited to, the
following:
1. Joint multi-jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations and
assemblies, controversial trials, political conventions, labor disputes, and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control measures
including, but not limited to, large-scale evacuations, aircraft and shipping
disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and
derailments, chemical or hazardous waste spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from, or disturbances within, prisoner processing facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups to
emergency and in-progress calls, pursuits, and missing person calls.
9. Enemy attack.
10.Transportation of evidence requiring security.
11.Major events, e.g , sporting events, concerts, parades, fairs, festivals, and
Law Enforcement Mutual Aid Agreement between
The City of North Miami Beach and the City of Aventura
Page 3 of 8
conventions.
12.Security and escort duties for dignitaries.
13.Incidents requiring utilization of specialized units; e.g., underwater recovery,
aircraft, canine, motorcycle, bomb, crime scene and police information.
14.Emergency situations in which one agency cannot perform its functional objective.
15.Joint training in areas of mutual need.
16.Joint multi-jurisdictional marine interdiction operations.
17.Off-duty special events.
18.DUI Checkpoints.
SECTION III. PROCEDURE FOR REQUESTING ASSISTANCE AND LIMITATIONS
OF ASSISTANCE
In the event that a party to this Cooperation Agreement is in need of assistance as
set forth above, the Chief of Police, or his/her designee, shall notify the Chief of Police,
or his/her designee, from whom such assistance is requested. The Chief of Police, or
authorized agency representative, whose assistance is sought shall evaluate the situation
and the agency's available resources, consult with his/her supervisors, if necessary, and
will respond in a manner he/she deems appropriate.
Mutual aid requested or rendered requires approval by the Chief of Police, or
designee, of each agency subject to this agreement. Specific reporting instructions for
personnel rendering mutual aid will be included in the request for mutual aid. In the
absence of such instructions, personnel will report to the ranking on-duty supervisor on
the scene. Communications instructions will be included in each request for mutual aid
and each agency's communications centers will maintain radio contact with each other
until the mutual aid situation has ended.
Incidents requiring mass processing of arrestees, transporting prisoners, and
operating temporary detention facilities will be handled per established procedures of the
requesting agency subject to this agreement.
The Chief of Police in whose jurisdiction assistance is being rendered may
determine who is authorized to lend assistance in his/her jurisdiction, for how long such
assistance is authorized, and for what purpose such authority is granted. This authority
may be granted either verbally or in writing as the particular situation dictates.
Should a law enforcement officer be in another subscribed agency's jurisdiction for
matters of a routine nature, such as traveling through the area on routine business,
attending a meeting or going to or from work, and a violation of Florida Statutes occurs in
the presence of said officer, HE/SHE SHALL ONLY BE EMPOWERED TO RENDER
ENFORCEMENT ASSISTANCE AND ACT IN ACCORDANCE WITH FLORIDA LAW.
Should enforcement assistance be taken, said party shall notify the agency having normal
jurisdiction, and upon the latter's arrival, turn the situation over to them and offer any
Law Enforcement Mutual Aid Agreement between
The City of North Miami Beach and the City of Aventura
Page 4 of 8
and/or subpoenas or to respond without request to emergencies already being addressed
by the agency of normal jurisdiction, but is intended to address critical, life-threatening or
public safety situations, prevent bodily injury to citizens, or secure apprehension of
criminals whom the law enforcement officer may encounter, and such encounter results
in a breach of the peace.
The parties acknowledge that the policy of the Florida Mutual Aid Act is to provide
a means to deal with disasters, emergencies, and other major law enforcement problems.
This Cooperation Agreement shall not extend police powers beyond the specific
additional authority granted by the Legislature in Chapter 23 of the Florida Statutes, which
intent was to assure the continued functioning of law enforcement in times of emergencies
or in areas where major law enforcement efforts were being thwarted by jurisdictional
barriers, and the respective parties, police officers and authority are limited to those
instances where the subject matter of the investigation originates inside the municipal city
limits.
SECTION IV. COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting agency shall be
under the immediate command of a supervising officer designated by the assisting
agency. Such supervising officer shall be under the direct supervision and command of
the Chief of Police, or his/her designee, of the agency requesting assistance, when
assistance is being rendered hereunder.
SECTION V. CONFLICTS
Whenever an officer is rendering assistance pursuant to this Cooperation
Agreement, the officer shall abide by and be subject to the rules and regulations,
personnel policies, general orders, and standard operating procedures of his/her own
employer. If any such rule, regulation, personnel policy general order or standard
operating procedure is contradicted, contravened or otherwise in conflict with a direct
order of a superior officer of the requesting agency, then such rule, regulation, policy,
general order or procedure shall control and shall supersede the direct order.
SECTION VI. HANDLING COMPLAINTS
Whenever there is cause to believe that a complaint has arisen as a result of a
cooperative effort as it may pertain to this Cooperation Agreement, the Chief of Police, or
his/her designee, of the requesting agency shall be responsible for the documentation of
said complaint to ascertain at a minimum:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
3. The specific allegation.
4. The identity of the employees accused without regard as to agency affiliation.
Law Enforcement Mutual Aid Agreement between
The City of North Miami Beach and the City of Aventura
Page 5 of 8
If it is determined that the accused is an employee of the assisting agency, the
above information, with all pertinent documentation gathered during the receipt and
processing of the complaint, shall be forwarded without delay to the requesting agency
for administrative review. The requesting agency may conduct a review of the complaint
to determine if any factual basis for the complaint exists and/or whether any of the
employees of the requesting agency violated any of their agency's policies or procedures.
SECTION VI1. LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this
Cooperation Agreement, agrees to assume full and final responsibility for the acts,
omissions or conduct of such party's own employees while engaged in rendering such
aid pursuant to this Cooperation Agreement, subject to the provisions of Section 768.28
of the Florida Statutes, where applicable.
SECTION VIII. POWERS, PRIVILEGES, IMMUNITIES AND EXPENDITURES
(a) Employees of the City of North Miami Beach and the City of Aventura, when
actually engaging in mutual cooperation and assistance outside of their normal
jurisdictional limits but inside this State, under the terms of this Agreement, shall
pursuant to the provisions of Section 23.127(1) of the Florida Statutes (as
amended), have the same powers, duties, rights, privileges and immunities as if
the employee was performing duties inside the employee's political subdivision in
which normally employed.
(b) Each party agrees to furnish necessary personnel equipment, resources and
facilities and to render services to each other party to this Cooperation Agreement
as set forth above; provided however, that no party shall be required to
unreasonably deplete its own personnel, equipment, resources, facilities, and
services in furnishing such mutual aid.
(c) The party that furnishes equipment pursuant to this Cooperation Agreement will
be responsible for the cost of loss or damage to that equipment, and any expense
incurred in the operation and maintenance of that equipment.
(d) The agency furnishing aid pursuant to this Cooperation Agreement shall
compensate its appointees/employees during the time such aid is rendered and
shall defray the actual travel and maintenance expenses of its employees while
they are rendering such aid, including any amounts paid or due for compensation
due to personal injury or death while such employees are engaged in rendering
such aid.
(e) To the extent provided by applicable law, ordinance, or rule, the privileges and
immunities from liability, exemption from laws, ordinances and rules, and all
pension, insurance, relief, disability, worker's compensation, salary, death and
other benefits that apply to the activity of an employee of an agency when
Law Enforcement Mutual Aid Agreement between
The City of North Miami Beach and the City of Aventura
Page 6 of 8
performing the employee's duties within the territorial limits of the employee's
agency apply to the employee to the same degree, manner, and extent while
engaged in the performance of the employee's duties extraterritorially under the
provisions of this Cooperation Agreement. The provisions of this section shall
apply to paid, volunteer, and reserve employees.
(f) Nothing herein shall prevent the requesting agency from seeking supplemental
appropriations from the governing authority having budgeting jurisdiction to
reimburse the assisting agency for any actual costs or expenses incurred by the
assisting agency performing hereunder.
(g) Should the City of North Miami Beach receive reimbursement for expenditures
from a third party for a mutual aid event covered by this Cooperation Agreement,
the City of Aventura shall be eligible to receive an equitable reimbursement share
for any actual costs or expenses incurred that are directly attributable to the event,
provided such costs and expenses are authorized by the third party for
reimbursement purposes.
(h) Should the City of Aventura receive reimbursement for expenditures from a third
party for a mutual aid event covered by this Cooperation Agreement, the City of
North Miami Beach shall be eligible to receive an equitable reimbursement share
for any actual costs or expenses incurred that are directly attributable to the event,
provided such costs and expenses are authorized by the third party for
reimbursement purposes.
SECTION IX. FORFEITURE
(a) The municipality/agency in which any property is seized pursuant to the Florida
Contraband Forfeiture Act shall have exclusive authority to initiate forfeiture
proceedings under the Florida Contraband Forfeiture Act, for any matters which
arise from a mutual aid event covered by this Cooperation Agreement.
(b) However, the municipality/agency with the right to proceed with the forfeiture may
allow the other municipality/agency to prosecute the forfeiture with the written
authorization of the Chief of Police and the legal counsel for each
municipality/agency.
(c) The municipality/agency pursuing the forfeiture action shall bear the exclusive right
and responsibility to control, maintain and store the property. The costs for control,
maintenance and storage of the property shall be subtracted from the proceeds
prior to distribution.
(d) The property seized and forfeited in accordance with this agreement, and the
proceeds, if any, shall be equitably distributed among the participating
municipalities/agencies in proportion to the amount of investigation and
Law Enforcement Mutual Aid Agreement between
The City of North Miami Beach and the City of Aventura
Page 7 of 8
(d) The property seized and forfeited in accordance with this agreement, and the
proceeds, if any, shall be equitably distributed among the participating
municipalities/agencies in proportion to the amount of investigation and
participation performed by each municipality/agency, minus the costs for litigation
of the forfeiture.
(e) Any participating municipality/agency must request sharing, in writing before the
entry of the Final Order of Forfeiture, or they will be barred from claiming any
portion of the property forfeited.
(f) This Cooperation Agreement creates no rights or benefits in favor of third parties
and there are no intended third-party beneficiaries with regard to the provisions
herein.
SECTION X. INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of
the means specified in Section 768.28(16) (a) of the Florida Statutes (2021), in an amount
which is, in the judgment of the governing body of that party, at least adequate to cover
the risk to which that party may be exposed. Should the insurance coverage, however
provided, of any party be canceled or undergo material change, that party shall notify all
parties to this agreement of such change within ten (10) days of receipt of notice or actual
knowledge of such change.
SECTION XI. EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by both parties and
shall continue in full force and effect until July 30, 2026. Under no circumstances may this
agreement be renewed, amended, or extended except in writing.
SECTION XII. CANCELLATION
Either party may cancel its participation in this Agreement at any time upon
delivery of written notice to the other party.
In witness whereof, the parties hereto cause to these presents to be signed on
the date specified.
AGREED TO AND ACKNOWLEDGED this day of , 2023.
CITY OF NORTH MIAMI BEACH THE CITY OF AVENTURA
1
HARVETTE S. SMI MI HAEL BE LILA
CHIEF OF POLICE CHIEF OF POLICE
Law Enforcement Mutual Aid Agreement between
The City of North Miami Beach and the City of Aventura
Page 8 of 8
MAWA. ANTONIO RONALD J. WASSON
INTERIM CITY MANAGER CITY MANAGER
D e: Date:
ANTHONY ipb HOWARD S. WEINBERG
MAYOR MAYOR
Date: Date:
ATT T:
ANIJRJSE BERNARD, CMC ELISA L. HOWATH, CMC
CITY C.LER ' VILLAGE CLERK
Date: c3 ,11 Date:
SIGNED AS TO FORM, LANGUAGE, SIGNED AS TO FORM, LANGUAGE
LEGAL Y 4ND EXECU N THEREOF LEGALITY AND EXECUTION THEREOF
JO FW R , JR S WEISS, SEROTA, HELFMAN & BIERMAN
IN CITY ATT RNE VILLAGE ATTORNEY
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: November 3, 2023
SUBJECT: Disbursement of Police State Forfeiture Funds
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the following motion to expend funds
from the Police State Forfeiture Funds:
"Motion authorizing the appropriation of $25,000 for a donation to the
Intracoastal Police Athletic League, subject to incorporation, from the Police
State Forfeiture Funds in accordance with the City Manager's
Memorandum".
The donation to the Intracoastal PAL is in an effort to prevent juvenile crime by providing
recreational programs for youths to participate in.
The City of Sunny Isles Beach Police Department has pledged to match our donation in
order to fund this program.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC03091-23
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Michael Bentolila, Chief of Police -�
DATE: October 25, 2023
SUBJECT: Donation to the Intracoastal Police Athletic League
Using Local Law Enforcement Trust Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be maintained
in a special law enforcement trust fund, and that the funds be expended only upon request
of the Chief of Police to the governing body of the municipality and approval of the
governing body.
I am requesting City Commission approval for the expenditure of:
Intracoastal Police Athletic League $25,000
Total Expenditure Request: $25,000
1 certify that this requested expenditure complies with Florida State Statute 932.704 in
that-
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the Police
Department.
3. Funds were not considered in the adoption and approval of the budget of the
Police Department.
Summary
Intracoastal Police Athletic League - The Police Department is seeking to donate
$25,000.00 of Local Law Enforcement Funds for use by the newly formed Intracoastal
Police Athletic League. The funds will be used to support the program in hopes of
preventing juvenile crime by providing recreational programs for youths to participate in.
This will be a collaboration between the Aventura Police Department and the Sunny Isles
Beach Police Department who have pledged to match our donation to fund the program.
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: November 3, 2023
SUBJECT: Resolution Declaring Property as Surplus
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain property as surplus to the needs of the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed of
in accordance with procedures established by the City Manager, so long as the property
has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC03090-23
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to the
needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has
been declared surplus cannot be disposed of prior to the preparation and formal approval
of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The above recitals are hereby confirmed and adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency
or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. 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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
City of Aventura Resolution No. 2023-
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF "ENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Michael Bentolila, Chief of Police
DATE: 10/25/2023
SUBJECT: Surplus Vehicle
I would like to have the vehicle listed below, owned by the City of Aventura, declared
Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as
this item has become inadequate for public purposes.
2014 Ford F-550 Veh# 2499 VIN# 1 FDUF5HY1 EEA35692
CITY OF AVENTURA
INFORMATION TECHNOLOGY DEPARTMENT
MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Carlos Fernandez, Information Technology Director
DATE: October 30, 2023
SUBJECT: Surplus Computer Equipment
I am requesting that the computer-related equipment listed on the attached be declared
surplus property as the equipment no longer meets the needs of the City.
Many of the applications the City uses have minimum hardware, operating system, and/or
software requirements that computing equipment must meet or exceed. If existing
equipment cannot satisfy those requirements, the equipment is no longer suitable for City
use. In addition, equipment that cannot be repaired and/or is no longer supported by the
vendor should be surplused.
Please let me know if you have any questions regarding this request.
Attachment
City of Aventura
Computer Equipment Inventory
Brand Model Qty Serial Number Type Last Known Owner
NEC X551UN 1 2Y002619NW Display Gov Center
NEC X551UN 1 2Y002722NW Display Gov Center
NEC X551UN 1 2Y002725NW Display Gov Center
NEC X551UN 1 2Y002727NW Display Gov Center
Fujitsu F16130Z 1 428910 Scanner Gov Center
Fujitsu F16130 1 087786 Scanner Gov Center
Dell E207W 1 CNOCK630641806AUJ57L Monitor Gov Center
Viewsonic V8926 1 QRV074201264 Monitor Gov Center
Dell 1907 1 MXOGC5787071563K04DS Monitor Gov Center
Exstrong IN1502 1 80CKU93 Video Scaler Gov Center
Exstrong DV1201 1 AOKMEQ5 Video Converter Gov Center
Exstrong DV1200 1 AOKME61 Video Converter Gov Center
Exstrong DV1200 1 AOKME4M Video Converter Gov Center
Exstrong DV1200 1 AOKME03 Video Converter Gov Center
Exstrong DV1200 1 AOKMDUV Video Converter Gov Center
Fujitsu F16130 1 095730 Scanner Gov Center
DirectTV n/a 1 A01CA6BP140303 n/a Gov Center
RGB 860-6 1 82168 n/a Gov Center
Dell 1708 1 CNOFP8164663376O5FVL Monitor Gov Center
Dell Optiplex 7060 1 JGPWHQ2 Desktop Gov Center
Dell Optiplex 7070 1 CD3NQ53 Desktop Gov Center
Dell Optiplex 7050 1 HFGRJK2 Desktop Gov Center
Dell Optiplex 7060 1 CSP2PY2 Desktop Gov Center
Dell Optiplex 7060 1 JGPVLR2 Desktop Gov Center
Dell Optiplex 7020 1 G081 W52 Desktop Gov Center
Dell Optiplex 7040 1 5NKLRD2 Desktop Gov Center
Dell Optiplex 9020 1 2P6NJB2 Desktop Gov Center
Dell Optiplex 7020 1 F5YKX12 Desktop Gov Center
Dell Optiplex 9020 1 2P6QJB2 Desktop Gov Center
Dell Optiplex 7060 1 CSY5PY2 Desktop Gov Center
Dell Optiplex 7050 1 3YKQJK2 Desktop Gov Center
Dell Optiplex 7060 1 CSH1PY2 Desktop Gov Center
Dell Latitude 5400 1 DBJLN13 Laptop Gov Center
Dell Latitude 5400 1 64W41Z2 Laptop Gov Center
Dell Latitude 5400 1 J8Q2L13 Laptop Gov Center
Dell Latitude 5480 1 CQ3YFH2 Laptop Gov Center
Dell Latitude 5400 1 49G82X2 Laptop Gov Center
Dell Latitude 5400 1 9MJ2L13 Laptop Gov Center
Dell Latitude 3410 1 F8PY963 Laptop Gov Center
Dell Latitude 5400 1 2R882Z2 Laptop Gov Center
Dell Optiplex 3070 1 FPTGX53 Desktop Gov Center
Dell Dimension 4400 1 H5JMH11 Desktop Gov Center
HP LaserJet P2055dn 1 CNBJ548916 Printer Gov Center
Dell Latitude 5480 1 8YP28H2 Laptop Gov Center
Dell Latitude 5400 1 FMFJN13 Laptop Gov Center
Dell U2212HMc 1 CN-OPF48H-64180-27D-OWZL Monitor Gov Center
Dell U2212HMc 1 CN-OPF48H-64180-27D-OYXL Monitor Gov Center
Polaroid P5500S 1 n/a Printer Gov Center
Dell Chromebook 11 1 BRYFQH2 Laptop Gov Center
Dell Chromebook 11 1 67ZFQH2 Laptop Gov Center
Dell Chromebook 11 1 BZYFQH2 Laptop Gov Center
Advidia P-24 2 n/a Camera Gov Center
HP Deskjet 6940 1 MY7BGBS2S2 Printer Gov Center
HP OfficeJet 6000 1 CN0791 FFB2 Printer Gov Center
APC RBC24 2 battery battery Gov Center
Cisco 2800 1 FTX1406A1 ES Router Gov Center
Cisco 3560G 1 FOC1412YOWT Switch Gov Center
Cisco 5510 1 JMX1252LOV8 Firewall Gov Center
Cisco 2800 1 FTX1207A2LA Router Gov Center
Cisco 515E 1 CNM7M3PBRA Firewall Gov Center
Cisco 2600 1 JMX0811 L3YS Router Gov Center
Cisco 3560 1 FDO112X17E Switch Gov Center
Cisco 3560 1 FDO112X17Y Switch Gov Center
Cisco 3560 1 FDO1120X13L Switch Gov Center
Cisco 3750 1 FOC30Y359 Switch Gov Center
Cisco 3750 1 CAT0822N41J Switch Gov Center
Cisco 2600 1 JMX0623K6PX Router Gov Center
Cisco 2600 1 JMX0724L5U4 Router Gov Center
Cisco 2800 1 1 1 FTX1406A1 EJ Router I Gov Center
Page 1 of 4 7/15/2022
City of Aventura
Computer Equipment Inventory
Brand Model Qty Serial Number Type Last Known Owner
Cisco 2600 1 JMX0737LOVJ Router Gov Center
Barracuda Webfilter410 1 BAR-YF-418300 Web Filter Gov Center
Sonicwall NSA5600 1 COEAE4E3DAC2 Firewall Gov Center
Sonicwall NSA5600 1 COEAE4CDD088 Firewall Gov Center
Utility Rocket 1 04F021040193 Modem Gov Center
Dell P2214Hb 1 CN-OKW14V-74261-453-OUJL Monitor Gov Center
Dell P2214Hb 1 CN-OKW14V-74261-453-OUTL Monitor Gov Center
Dell Powerconnect 2324 1 0107898349891853 Switch Gov Center
Cisco WS-X3500-XL 1 F000927R2D1 Interface Converter Gov Center
Cisco WS-X3500-XL 1 F000927R2D2 Interface Converter Gov Center
Cisco WS-X3500-XL 1 F000927R2DL Interface Converter Gov Center
USRobotics 3453C 1 5MBRZAOM0089 Modem Gov Center
Cisco 1841 1 FTX13088DLX Router Gov Center
Cisco 1921 1 FTX171380T9 Router Gov Center
Cisco ASA 5505 1 JMX173840VM Adaptive Security Appllicance Gov Center
Cisco 2100 Series 1 JMX1427Z06J Wireless LAN Controller Gov Center
Black Box ServSwitch Wizard LP 4 n/a KVM Gov Center
Shuttle ShuttleXPC 1 DS61001501E38F00752 Desktop Gov Center
Atlas Sound FAP62T 1 4321<64573 Speaker Gov Center
Atlas Sound FAP62T 1 4321<64574 Speaker Gov Center
Advidia A-54 1 455194047 Camera Gov Center
Cisco Powersupply 1 PHI1645002B Powersupply Gov Center
Misc box cables/keyboards 2
Bretford MDMLAP32NR 1 N/A Laptop Cart ACES
Bretford MDMLAP32NR 1 N/A Laptop Cart ACES
Bretford MDMLAP32NR 1 N/A Laptop Cart ACES
Bretford MDMLAP32NR 1 N/A Laptop Cart ACES
Bretford LAP30ULV 1 N/A Laptop Cart ACES
Bretford LAP30ULV 1 N/A Laptop Cart ACES
Bretford CORE36MS 1 201704279420 Laptop Cart ACES
Bretford CORE36MS 1 201706239981 Laptop Cart ACES
Bretford CORE36MS 1 201907104825 Laptop Cart ACES
Bretford H3635LL/A 1 N/A Laptop Cart ACES
Bretford H3635LL/A 1 N/A Laptop Cart ACES
HP LaserJet Pro M203dw 1 VNB3R04452 Printer ACES
HP LaserJet Pro P1102w 1 VND3F29717 Printer ACES
HP LaserJet 1020 1 CNBKR94027 Printer ACES
HP LaserJet P1006 1 VND3803606 Printer ACES
Dell Chromebook 3100 2-n-1 1 1 COM1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 5HVZ1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 48YH1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 F9XK1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 BONL1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 1 VG02X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 92HX1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 3YZJ1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 38PG1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 3LOM1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 6BJX1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 7YSW1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 JDNJ1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 3WBK1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 5FOM1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 9RHV1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 DWCY1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 H41 W1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 8BQR1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 GPTL1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 1B9J1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 6NXZ1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 6TLW1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 7BZ3ZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 CHV22X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 9YOH1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 8NTL1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 99Z3ZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 C2YH1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 955P1X2 Laptop ACES
Page 2 of 4 7/15/2022
City of Aventura
Computer Equipment Inventory
Brand Model Qty Serial Number Type Last Known Owner
Dell Chromebook 3100 2-n-1 1 FZ8CZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 8B2Y1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 780Z1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 FRNX1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 9WOH1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 FR1N1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 BJSY1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 4C3S1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 JBLT1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 HZ6DZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 CPNJ1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 99XK1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 7LJD1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 7G1H1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 4S9G1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 70WFZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 FLCK1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 HJTJ1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 96CT1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 CKCK1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 C2PG1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 74WM1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 9Y9FZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 4XHP1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 CP4X1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 JLTBZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 9QK22X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 9QKH1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 67XK1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 C1 PV1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 1 M1 GZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 77VR1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 3KOW1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 9W1 GZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 JLPFZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 FZ6W1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 6R7L1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 87PG1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 2DKZ1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 H2532X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 9WKH1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 6JSQ1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 28XK1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 D1NX1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 4MCZ1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 JY5Z1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 1STL1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 HJNSIX2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 B5GL1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 6PNJ1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 DS5Y1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 81GS1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 HXG7ZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 65Z22X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 GO8Y1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 J8Z3ZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 H6HX1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 336W1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 HBJK1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 CVCH1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 JOKK1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 74902X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 G3J42X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 860Z1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 164V1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 JYNV1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 J10K1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 1CSW1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 4FSW1X2 Laptop ACES
Page 3 of 4 7/15/2022
City of Aventura
Computer Equipment Inventory
Brand Model Qty Serial Number Type Last Known Owner
Dell Chromebook 3100 2-n-1 1 9M1 F1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 8ZML1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 9WML1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 D9JX1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 8DLDZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 237W1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 G7TJ1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 FM5K1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 45WX1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 CRD5ZW2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 82NL1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 9Q502X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 55PV1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 2S5Z1X2 Laptop ACES
Dell Chromebook 3100 2-n-1 1 1 R612X2 Laptop ACES
Page 4 of 4 7/15/2022
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission _
FROM: Ronald J. Wasson, City Manager
BY: Keven Klopp, Community Development Director
DATE: November 3, 2023
SUBJECT: Proposed Resolution Pertaining to "Live Local" Notifying the Public
and Directing Staff to Develop a Certification Process and Land
Development Regulations
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the attached resolution.
THE REQUEST
This request is to allow time for staff to develop a certification process and land
development regulations in response to the State of Florida's approval of Senate Bill 102,
also known as the Live Local Act.
BACKGROUND
Effective July 1, 2023, the Florida Legislature amended State Statutes to enact the "Live
Local Act" (the "Act") in order to promote the construction of affordable housing. There
are certain terms in the Act that are not clear, some overrides of local zoning that need to
be addressed, and some responsibilities placed upon the City for which no code or
procedures exist in our Code.
The Act overrides local zoning regulations for any housing project, if that project includes
a minimum of 40% of the units as affordable housing. A municipality must authorize multi-
family and mixed-use residential as allowable uses in any area zoned for commercial,
industrial or mixed use if at least 40% of the residential units are, for a period of 30 years,
affordable. A municipality may not require a zoning or land use change, special exception,
conditional use or comprehensive plan amendment for the building height, zoning, or
densities. A proposed development must be administratively approved if the development
satisfies the municipality's land development regulations for multi-family developments in
areas zoned for such, with the exceptions of densities and height.
The proposed resolution has two purposes. First is to provide an opportunity for staff to
prepare definitions for terms used in the Act that are otherwise not defined. This will
provide clarity in the event a developer seeks to utilize the Act to obtain administrative
approval and a permit. Second is to provide an opportunity for staff to prepare an
application and certification process, with submittal requirements to assure that any
proposed Live Local housing development provides the affordable housing as required.
This will include a recorded commitment and fulfilment of reporting requirements during
the operation of the housing development. The Act leaves it up to the local government
to determine whether a development's provision of affordable housing qualifies to receive
the Live Local allowances. There are no penalties within the Act for non-compliance; thus,
the City's forthcoming ordinance is important.
The proposed resolution provides notice that the legislation in progress will be applicable
to any Live Local application, even if the application is received prior to its adoption.
2
CITY OF AVENTURA RESOLUTION 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING NOTICE TO THE PUBLIC OF A
PENDING ORDINANCE AND DIRECTING STAFF TO DEVELOP AND
PROCESS FOR ADOPTION AN ORDINANCE TO PROVIDE FOR
CERTIFICATION OF COMPLIANCE OF AFFORDABLE HOUSING
PROJECTS AND OTHER LAND DEVELOPMENT REGULATIONS
ADDRESSING AFFORDABLE HOUSING, MIXED-USE AND MULTI-
FAMILY PROJECTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, recent amendments to State Statutes, as set forth in Chapter 2023-
17, Laws of Florida ("Chapter 2023-17"), will preempt some provisions of local
comprehensive plans, zoning and land development regulation provisions for certain
mixed-use projects and multi-family projects having at least 40 percent of residential units
within a project being affordable housing units for at least a 30-year period; and
WHEREAS, Chapter 2023-17 does not articulate how a proposed development is
intended to evidence compliance with the affordable housing requirements necessary to
benefit from the preemptions afforded under Chapter 2023-17, including prior to the
issuance of a building permit or certificate of completion, or at any time during the
minimum 30 years period provided for in Chapter 2023-17, or set forth any penalties for
non-compliance and, such should be required in order to ensure that the purpose of
Chapter 2023-17, Laws of Florida, is achieved; and
WHEREAS, City staff is directed to prepare and process an ordinance to create
land development regulations to require evidence of and ensure compliance with the
affordable housing criteria as needed for a development to benefit from the preemptions
afforded under Chapter 2023-17, and other land development regulations addressing
affordable housing, mixed-use and multi-family projects; and
WHEREAS, the goal is to have such pending ordinance considered and adopted
within five (5) months from the effective date of this Resolution; and
WHEREAS, the City wishes to place the public and all parties on notice that the
City is considering land development regulation amendments addressing the aforesaid
matters; and
WHEREAS, pursuant to the pending legislation doctrine (or pending ordinance
doctrine) set forth in Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), the
City declares and implements the pending ordinance doctrine concerning the zoning and
land development regulations governing properties and proposed affordable housing
projects, mixed-use projects and multi-family projects located within the City limits; and
City of Aventura Resolution No. 2023-
WHEREAS, the pending ordinance doctrine places property owners and
developers on notice that provisions of the pending ordinance not yet adopted by the City
may be applied to any proposed development and/or development order applications
delayed until the adoption and effectiveness of such ordinance; thus, property owners
and developers should not rely on existing land development regulations in making
investment and development related decisions; and
WHEREAS, the City Commission in good faith determines that this Resolution is
in the best interest of the City and its residents and promotes the health, safety and
welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA THAT:
Section 1.The above recitals constitute legislative findings of the City Commission
and are incorporated herein as material provisions by this reference.
Section 2. The City staff is directed to prepare and process an ordinance to create
land development regulations to require evidence of and ensure compliance with the
affordable housing criteria as needed for a development to benefit from the preemptions
afforded under Chapter 2023-17, Laws of Florida, and other land development regulations
addressing affordable housing, mixed-use and multi-family projects. The City hereby
implements the "pending legislation doctrine" in regards to such pending ordinance, and
property owners and developers are hereby placed on notice of the same and of the
recitals set forth in this Resolution.
Section 3. This Resolution shall take effect 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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
Page 2 of 3
City of Aventura Resolution No. 2023-
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J Wasson, City Manager C
BY- Robert Meyers, Office of the City Attorney —�
DATE: November 3, 2023
SUBJECT: Urging the Florida Legislature to Provide Additional Funding for the
Biscayne Bay Water Quality Improvement Grant Program
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve this resolution urging the Florida
Legislature to appropriate additional funding to the Biscayne Bay Water Quality
Improvement Grant Program designated to further the recovery efforts to help improve
Biscayne Bay's health.
BACKGROUND
Biscayne Bay is a critical and irreplaceable component of the environment, culture and
economy of Miami-Dade County and the State of Florida, but the events in recent years
have demonstrated that the health of Biscayne Bay is precarious. Generally speaking,
the Florida Legislature has taken steps to protect Biscayne Bay, particularly by
appropriating funds for protection efforts through the Florida Department of Environmental
Protection's Biscayne Bay Water Quality Improvement Grant Program. While the
Legislature approved funding in the amount of $20,000,000 for FY 2023-24 to improve
the water qualify of Biscayne Bay, increasing the allocation to the Grant Program is
essential in order to fund more projects which will aid in the recovery of Biscayne Bay.
BUDGETARY IMPACT
Approval of this resolution has no impact on the City's budget.
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
PROVIDE INCREASED FUNDING FOR THE BISCAYNE BAY WATER
QUALITY IMPROVEMENT GRANT PROGRAM; PROVIDING FOR
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Biscayne Bay is a critical and irreplaceable component of the
environment, culture and economy of Miami-Dade County and the State of Florida; and
WHEREAS, events in recent years, including but not limited to seagrass die-offs,
fish kills, and coral bleaching, have indicated that Biscayne Bay's health is in a precarious
state; and
WHEREAS, the Florida Legislature has supported Miami-Dade County's efforts to
protect Biscayne Bay by, among things, establishing the Biscayne Bay Commission and
appropriating funding for protection efforts through the Florida Department of
Environmental Protection's Biscayne Bay Water Quality Improvement Grant Program;
and
WHEREAS, for Fiscal Year 2023-24, the Florida Legislature appropriated
$20,000,000.00 to fund projects, including septic-to-sewer and wastewater projects, that
will improve the water quality of Biscayne Bay; and
WHEREAS, additional funding is urgently needed to enable Miami-Dade County
to bring to fruition the various projects that Miami-Dade County and Miami-Dade County
municipal governments have planned for the benefit of Biscayne Bay, designated for
recovery efforts to help improve Biscayne Bay's health; and
WHEREAS, the City Commission wishes to urge the Florida Legislature to
provided sustained and increased funding for the Biscayne Bay Water Quality
Improvement Grant Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That each and every above-stated recital is hereby adopted, confirmed
and incorporated herein.
Section 2. That the City Commission urges the Florida Legislature to provide
increased funding and a dedicated funding source for the Biscayne Bay Water Quality
Improvement Grant Program.
City of Aventura Resolution No. 2023-
Section 3. That the City Commission directs the City Clerk to transmit a copy of
this resolution to the Miami-Dade County Mayor, the Chairman of the Board of the County
Commissioners, the Governor, the Senate President, the House Speaker, and the Chair
and Members of the Miami-Dade State Legislative Delegation.
Section 4. That 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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz, Finance Director
DATE: September 29, 2023
SUBJECT: Approval of an Ordinance Amending Certain Sections of the City Code
as it Applies to the Stormwater Utility System
October 3, 2023 City Commission Meeting Agenda (First Reading)
November 7, 2023 City Commission Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve the attached ordinance amending
certain sections of the City Code as it applies to the Stormwater Utility System. This
supports the Resolution presented at the October 3, 2023 City Commission Meeting
authorizing the Miami-Dade County Collector and Property Appraiser to collect the Non-Ad
Valorem Stormwater assessments.
BACKGROUND
The City's Stormwater Assessments are currently billed and collected monthly by a third-
party utility entity. The City utilizes North Miami Beach Utilities and Miami-Dade County
Water and Sewer Utilities to collect the stormwater fees on the water monthly billing cycle.
The current method of billing is based on water service being active on metered properties
and payments are received monthly. By moving to Miami-Dade County's Tax Collector and
Property Appraiser, using the uniform method of collection and placing the Non-Ad Valorem
Assessments for Stormwater on the property tax bill, the City would receive the
assessments in a timelier manner. In addition, the fee from the tax office is 2% to collect
versus 5% from the third-party billing which would equate to an approximate savings to the
City of$45,000 annually.
The City's stormwater utility fees are found in Chapter 30, Article III of the City Code.
Fiscal Impact
This item will have no impact on the City's budget.
If you have any questions, please feel free to contact me.
CITY OF AVENTURA ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CERTAIN SECTIONS OF CHAPTER 30, ARTICLE III, DIVISION 2
ENTITLED STORMWATER UTILITY SYSTEM, OF THE CITY CODE OF
ORDINANCES, PROVIDING FOR THE COLLECTION OF THE
STORMWATER UTILITY FEE USING THE UNIFORM METHOD OF
COLLECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in October of 2023, the City of Aventura passed a resolution allowing
for the collection of stormwater fees using a uniform method of collecting non-ad valorem
assessments; and
WHEREAS, subsequent to passage of the City's resolution, the City executed an
interlocal agreement with Miami-Dade County to include the City's stormwater fees on
the County tax bills; and
WHEREAS, the City would like to amend Chapter 30, Article III, "Stormwater" of
the City of Aventura Code of Ordinances to provide for the collection of the Stormwater
Utility Fee as provided for by Section 197.3632, Florida Statutes, as may be amended
(the "Uniform Method of Collection Act"); and
WHEREAS, the City has determined that the amendments to Chapter 30 of the
City of Aventura Code of Ordinances are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals are hereby
adopted and confirmed.
Section 2. City Code Amended. That Chapter 30 "Environment," Article III
"Stormwater," Division 2 "Stormwater Utility System" is hereby amended as follows':
Chapter 30 —Administration
Article III — Stormwater
Division 2. — Stormwater Utility System
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2023-
Sec. 30-91. - Purpose; authority.
Sec. 30-92. - Definitions.
The following, when used in this division, shall have the meanings ascribed in this
section, except where the context clearly indicates a different meaning:
Developed property shall mean any parcel of land that contains an impervious
area.
Dwelling shall mean any building that is wholly or partly used or intended to be
used for living, sleeping, cooking and eating.
Dwelling unit shall mean any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities used or intended to be used for living,
sleeping, cooking and eating.
ERU (Equivalent Residential Unit) shall mean the statistically estimated average
of impervious area of residential developed properties per dwelling unit. This estimated
average (which equals 1,548 square feet) is calculated by dividing the total estimated
impervious area of residential properties by the estimated total number of dwelling units.
Impervious area shall mean the horizontal ground surface that is incapable of
being penetrated by rainwater. This shall include, but not be limited to, all structures, roof
extensions, slabs, patios, porches, driveways, sidewalks, parking areas, swimming pools,
athletic courts and decks.
Nonresidential developed property shall mean any parcel of land that contains an
impervious area and that is classified by the Dade County Property Appraiser as land use
types 10 through and including 99, as set forth in Florida Administrative Code Rule 12D-
8.008(2)(c), as amended from time to time.
Residential developed property shall mean any parcel of land that contains an
impervious area and is classified by the Dade County Property Appraiser as land use
types 00 through and including 09 as set forth in Florida Administrative Code Rule 12D-
8.008(2)(c), as amended from time to time.
Stormwater shall mean the surface water runoff that results from rainfall.
Page 2 of 6
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2023-
Stormwater infrastructure shall mean the structural, non-structural or natural
features of a parcel of land or watershed which collect, convey, store, absorb, inhibit,
treat, use, reuse, or otherwise affect the quantity or quality of stormwater.
Stormwater management system (or the system) shall have the meaning specified
by F.S. § 403.031(16), as amended from time to time.
Stormwater utility shall have the meaning specified by F.S. § 403.031(17), as
amended from time to time.
Stormwater utility fee shall have the meaning specified by F.S. § 403.0893, as
amended from time to time.
Stormwater utility fund shall mean that separate fund established by the City for
the deposit and use of all stormwater utility fees collected.
Uniform Method of Collection Act shall mean F.S. $ 197.3632, as amended from
time to time.
Watershed shall have the meaning specified by F.S. § 403.031(18), as amended
from time to time.
Sec. 30-93. - Findings and determinations.
Sec. 30-94. - Stormwater utility fee.
(a) A stormwater utility fee is hereby assessed against each developed property within
the City for services and facilities provided by the stormwater management system.
The rate per ERU to be used in calculating stormwater utility fees shall be set by
resolution of the City Commission after a public hearing, and if collected using the
Uniform Method of Collection Act, such resolution and public hearing shall be
noticed, and adopted in accordance with F.S. $197.3632(4)(a). (b) and (c). The
City Manager or his/her designee is directed to prepare list of lots and parcels
within the City and to assign a classification of single-family dwelling unit, multi-
family dwelling unit, or nonresidential developed property to each lot or parcel. If
the City is using the Uniform Method of Collection Act to provide for the collection
Page 3 of 6
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2023-
of the Stormwater utility fee, then the City Manager or his/her designee is directed
to prepare a preliminary non-ad valorem assessment roll, in accordance with
$197.3632(4).
(c) The following procedures and criteria are to be used to calculate stormwater utility
fees-
(1) Each single-family dwelling unit, multi-family dwelling unit and
nonresidential developed property shall be assessed a stormwater utility fee
calculated by multiplying the rate for one ERU by the number of ERUs
provided in subsections 30-94(b)(1), (2) and (3), respectively.
(2) The fees owed to the City and collected by the Metropolitan Dade County
Water and Sewer Authority Department (MDWASA) with respect to the
stormwater utility, together with investment earnings thereon, shall be
deposited in the stormwater utility fund and shall be used exclusively for
planning, constructing, financing, operating and maintaining the stormwater
utility and the infrastructure of the stormwater management system. The
City may pledge such fees as security for indebtedness incurred by it in
connection with the stormwater utility and the stormwater management
system.
(3) If the Stormwater Utility fees are collected on the tax bill using the Uniform
Method of Collection Act, upon receipt thereof from the tax collector of
Miami-Dade County with respect to the stormwater utility fees together,
shall be deposited in the stormwater utility fund and shall be used
exclusively for planning, constructing, financing, operating and maintaining
the stormwater utility and the infrastructure of the stormwater management
system. The City may pledge such fees as security for indebtedness
incurred by it in connection with the stormwater utility and the stormwater
management system.
Page 4 of 6
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2023-
Sec. 30-95. - Collection of stormwater utility fee; liens.
(m) Notwithstanding the foregoing, if the City is using the Uniform Method of Collection
Act for the collection of the Stormwater Utility Fees, such Stormwater Utility Fees
shall be subject to all collection provisions of chapter 197, Florida Statutes, including
provisions relating to discount for early payment, prepayment by installment method,
deferred payment, penalty for delinquent payment, and issuance and sale of tax
certificates and tax deeds for nonpayment.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Kruss, who moved its
adoption on first reading. The motion was seconded by Commissioner Friedland, and,
upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Amit Bloom Yes
Mayor Howard S. Weinberg Yes
Page 5 of 6
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2023-
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED on first reading this V day of October, 2023.
PASSED AND ADOPTED on second reading this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 6 of 6
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
CITY OF "ENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BYE Robert Meyers, Office of the City Attorney
DATE: September 29, 2023
SUBJECT: An Ordinance of the City Commission Amending the Code of
Ordinances to Create Section 1-21 to Make it Unlawful to Engage in
Camping on Public or Private Property Except as Specifically
Authorized by the Appropriate Governmental Authority and/or
Property Owner
October 3, 2023 City Commission Meeting Agenda (First Reading)
November 7, 2023 City Commission Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve an ordinance to prohibit camping
on public or private property to ensure that clean and sanitary conditions are maintained
across the City and to provide residents, visitors and the public at large with a safe and
secure environment by citing individuals who are illegally camping.
BACKGROUND
Camping means to temporarily reside or dwell on public or private property in the City by
creating a temporary shelter or by the laying down of bedding for the purposes of sleeping
and conducting activities of daily living. Such activities make it difficult for the City to
maintain hygienic and sanitary conditions in the City and may also operate to restrict
access by the public to these spaces being occupied by those who are engaging in
camping.
When a police officer has probable cause to believe that a camping violation has
occurred, the officer shall advise the person of the violation and afford the person an
opportunity to be transported to a public shelter. For a person who agrees to be
transported to a shelter, his or her personal belongings not taken to the shelter, except
those which are perishable or unsanitary, shall be inventoried and stored by the Police
Department. A person who refuses to be taken to the shelter shall be guilty of a public
nuisance. A person who cannot be properly identified, or is intoxicated, or who within the
past year was previously charged with a violation of the ordinance three times or who
elected to be transported to a shelter three times is subject to arrest without being
presented with the shelter option.
Public Notice
Business Impact Statement
Camping Ordinance
The City is proposing an ordinance to be heard on second reading at the November 7, 2023
City Commission meeting to make it unlawful to engage in camping on public or private property
in the City without permission. According to Section 166.041(4)(a), Florida Statutes, a business
impact statement must be published before the proposed ordinance is adopted. As a result,
the Camping Ordinance Business Impact Statement is as follows:
1) This ordinance will ensure clean and sanitary conditions in the City, provide a safe and
secure environment throughout the City and offer shelter to those living outdoors. For
those who refuse to be transported to a public shelter, the City will have the right to
arrest these individuals for creating a public nuisance.
2) This ordinance has no direct economic impact on private businesses in the City and
there will be no compliance costs, charges or fees incurred by businesses if the
ordinance is enacted.
3) No City businesses will be negatively impacted by the ordinance.
4) There is no additional information to share with the public concerning the effect of this
ordinance on City businesses.
Dated and posted this 91" day of October, 2023.
Ellisa L. Horvath, MM
City Clerk
CITY OF AVENTURA ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL
PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES
TO CREATE SECTION 1-21 "CAMPING PROHIBITED"; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, as provided in Section 2(b), Article Vlll of the Constitution of the State
of Florida, and Section 166.021(1), Florida Statutes, the City of Aventura, Florida (the
"City"), a municipal corporation, enjoys all governmental, corporate, and proprietary
powers necessary to conduct municipal government, perform municipal functions, and
render municipal services, and may exercise any power for municipal purposes, except
as expressly prohibited by law; and
WHEREAS Article Vlll, Section 2 of the Florida Constitution, and Chapter 166,
Florida Statutes, provides municipalities with the authority to exercise any power for
municipal purposes, except where prohibited by law, and to adopt ordinances in
furtherance of such authority; and
WHEREAS, the City Charter empowers the City Commission to adopt, amend or
repeal its ordinances and resolutions as may be required for the benefit of the residents
of the Village; and
WHEREAS, the City Commission finds it periodically necessary to amend its Code
of Ordinances and Land Development Regulations ("Code") in order to update regulations
and procedures necessary to implement municipal goals and objectives; and
WHEREAS, the City Commission further finds it to be in the best interest of the
public health, safety and welfare of the citizens to adopt this Ordinance amending the
City's Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Recitals. That the above stated recitals are hereby adopted and
confirmed.
City of Aventura Ordinance No. 2023-
Section 2. City Code Amended. That Chapter 1 "General Provisions," of the City
Code of Ordinances is hereby amended to read as follows:'
Sec. 1-21. Camping prohibited
(a) It shall be unlawful in the City of Aventura to engage in camping on public
or private property, including rights-of-way, except as may be specifically
authorized by the appropriate governmental authority and/or property
owner.
Definitions:
(1) Temporary Shelter means the unauthorized use of fabric, metal,
cardboard, or other materials as a tent or other temporary structure for
living accommodation purposes or human habitation.
(2) Camping means to reside or dwell temporarily on City property by the
erection, use or occupation of any tent, hut, lean-to, shack or Temporary
Shelter for sleeping purposes, or the laying down of bedding, such as a
mat, blanket, sleeping bag or similar material for the purpose of sleeping,
and conducting activities of daily living such as eating, sleeping or
storage of personal possessions in such place.
(3) Officer means a sworn law enforcement officer of the City of Aventura
Police Department.
(4) Proper Identification means a driver's license, a government or
employment identification card with a photograph, or other form of
photo-bearing identification that would satisfy a reasonable law
enforcement officer as to the identity of the person.
(c) Being in a Temporary Shelter or being asleep atop or covered by materials
in a public place may be evidence of Camping, but is not alone sufficient to
constitute a violation of this section. One (1) or more of the following shall
also exist to determine whether the camping was for living accommodation
purposes:
(1) Numerous items of personal belongings are present:
(2) The person is engaged in cooking activities:
(3) The person has built or is maintaining a fire:
(4) The person has engaged in digging or earth breaking activities:
1 Coding:StFikethFeugh w eFds,are deletions to the existing words.Underlined words are additions
to the existing words.Changes between first and second reading are indicated with yellow highlight
and double stFikethFeug4 or double underline.
Page 2 of 5
City of Aventura Ordinance No. 2023-
(5) The person is asleep and he or she has no other permanent place to
live.
Except as provided for in subsection (q), whenever an Officer has probable
cause to believe that a violation of this section has occurred, he or she shall
advise the person of the violation and afford the person an opportunity to
be transported to a public shelter.
Under such circumstances, the Officer shall advise the person that all of his
or her personal property that is not taken to the public shelter, except that
which is perishable or in an unsanitary condition, shall be inventoried and
stored by the City police department until reclaimed, or for a maximum of
sixty (60) days.
(e) If the person elects to be transported to a public shelter, the Officer shall
make available such transportation as may be available for such purpose
and the person making such election shall not be charged with a violation
of this section. If the person refuses to be transported to a public shelter,
then such person may be charged with a violation of this section.
If the person refuses to be taken to a shelter, the violation shall constitute a
public nuisance, and may subject the violator to arrest and shall, upon
conviction, be punishable either by a fine up to $500.00, imprisonment in
the county mail up to 60 days, or both.
Subsection (d) shall not apply to any person who cannot be properly
identified, or is intoxicated, or who within the past year was previously
charged with a violation of this section three (3) times or who elected to be
transported to a public shelter three (3) times.
Any personal property that was inventoried and stored by the City police
department for a person transported to a shelter under the provisions of this
section which has not been reclaimed within sixty (60) days of the date of
inventory, shall be deemed abandoned and disposed of according to F.S.
Ch. 705.
Section 3. Conflicts. That all Sections or parts of Sections of the Code of
Ordinances, all ordinances or parts of ordinances, and all Resolutions, or parts of
Resolutions, in conflict with the Ordinance are repealed to the extent of such conflict.
Section 4. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but
Page 3 of 5
City of Aventura Ordinance No. 2023-
they shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. That it is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura; that the sections of this Ordinance
may be renumbered or re-lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Bloom, who moved its
adoption on first reading. This motion was seconded by Commissioner Dr. Marks and
upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Amit Bloom Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
Page 4 of 5
City of Aventura Ordinance No. 2023-
PASSED on first reading this V day of October, 2023
PASSED AND ADOPTED on second reading this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 5 of 5
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission _
FROM: Ronald J. Wasson, City Manager
BY: Keven Klopp, Community Development Director
DATE: November 3, 2023
SUBJECT: Proposed Amendments to the Land Development Regulations of the
City of Aventura, Section 31-145, to Allow Density Increases Subject
to Conditional Use Approval and the Provision of HERO Housing Units
in Town Center Zoning Districts and to Set the Upper Limit at 50
Dwelling Units per Acre in the City's Town Center 2, 3, and 4 Zoning
Districts
October 19, 2023 Local Planning Agency Meeting Agenda
October 19, 2023 City Commission Special Meeting Agenda (First Reading)
November 7, 2023 City Commission Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve amendments to Section 31-145 of
the City of Aventura Land Development Regulations (the "LDRs") to allow residential
density increases to be requested in any Town Center District, subject to conditional use
approval, in exchange for the project committing residential units to the City's HERO
Housing program.
THE REQUEST
This request is to allow negotiation of the number of HERO Housing Units instead of
having a static requirement of 15% or more. The potential density increase is currently
set as "up to"70 units per acre in Town Center 1. This request is to expand the opportunity
to Town Centers 2, 3, and 4. At the October 19, 2023 public hearing regarding this
request, the City Commission reduced the proposed upper limit for TC Districts 2 through
4 to 50 units per acre.
BACKGROUND
ICON is a mixed-use development proposed on property zoned Town Center 1 located
south of Lehman Causeway and to the northeast of the intersection of NE 29 Avenue and
NE 191 Street. The project proposes to provide HERO Housing in order to achieve a
density increase over the 25 units per acre allowed by right.
The Land Development Regulations (LDRs) currently allow a density increase to be
requested if the project provides at least 15% of its residential units as HERO Housing.
The proposed amendments would remove the specific reference to 15% and, thus, allow
ICON to propose a lesser percentage of units as HERO Housing while retaining the right
to request a density increase.
The proposed amendments to the Land Development Regulations were approved — as
amended -- on first reading, thus, the next step in the development process is be approval
of the Code change and presentation of ICON's Conditional Use approval request at the
November 7, 2023 City Commission meeting. Review of the proposed site plan has been
underway for several months.
In addition to eliminating the 15% threshold, the proposed amendments would expand
the zoning districts which provide a density incentive in exchange for the provision of
HERO Housing units. Currently the incentive is only available in TC-1. The proposed
amendments would expand the incentive to all Town Center Zoning Districts (i.e. TC-1,
TC-2, TC-3 and TC-4). This change would expand the HERO Housing opportunity to a
few more locations with proximity to Biscayne Blvd. where transit-oriented density is most
appropriate.
THE PROPOSED AMENDMENTS
The proposed amendments to Section 31-145 of the Land Development Regulations are
provided as an exhibit attached to the proposed ordinance. The proposal adds the HERO
Housing incentive language, as appropriate, to each Town Center Zoning District's list of
Conditional Uses:
ANALYSIS
The proposed amendments were reviewed by staff under the Section 31-77(g) Standards
for reviewing proposed amendments to the text of the LDR of the City Code of
Ordinances-
(1) The proposed amendments are legally required.
The proposed amendments are legally required to implement the requested
revision to the Land Development Regulations (LDRs).
(2) The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan as it will facilitate the type of more compact and efficient
urban structure contemplated by the Town Center land use category.
2
(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 on Paragraph 3 above.
(5) The proposed amendments improve the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process as it provides a process and regulations to implement for
approvals of developments in the Town Center Zoning Districts.
3
CITY OF AVENTURA ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE OF ORDINANCES BY AMENDING SECTION 31-145, "TOWN
CENTER ZONING DISTRICTS", TO ALLOW MULTIFAMILY
RESIDENTIAL DENSITIES WITH A MAXIMUM OF 70 DWELLING UNITS
PER ACRE FOR DEVELOPMENTS THAT PROVIDE RESIDENTIAL
UNITS TO THE CITY'S HERO HOUSING PROGRAM IN THE TOWN
CENTER ONE DISTRICT AND TO ALLOW MULTIFAMILY
RESIDENTIAL DENSITIES WITH A MAXIMUM OF 50 DWELLING UNITS
PER ACRE FOR DEVELOPMENTS THAT PROVIDE RESIDENTIAL
UNITS TO THE CITY'S HERO HOUSING PROGRAM IN TOWN CENTER
DISTRICTS TWO, THREE AND FOUR; SUBJECT TO CONDITIONAL
USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Aventura, Florida (the "City") finds
it periodically necessary to amend its Code of Ordinances (the "City Code") in order to
update regulations and procedures to implement municipal goals and objectives; and
WHEREAS, the City of Aventura (the "City"), defines HERO Housing in Section
31-21 of the "Land Development Regulations" (the "LDRs") of the Code of Ordinances
("City Code"); and
WHEREAS, Section 31-145(b), "Town Center One (TC1) District" of Chapter 31,
of the LDRs of the City Code allows multifamily residential uses with a maximum density
of 70 dwelling units per acre for developments that dedicate at least 15% of their
residential units as HERO Housing; and
WHEREAS, setting a specific threshold for the number of residential units to be
dedicated for HERO Housing in exchange for a specific density limit constrains what could
otherwise be mutually beneficial project parameters; and
WHEREAS, expanding the incentive for HERO Housing from Town Center One
(TC1) to all Town Center Districts (TC1 through 4) will allow for consideration of other
projects with potentially mutual beneficial parameters; and
WHEREAS, the City Commission finds that the proposed amendments to Section
31-145 of the City Code to allow multifamily residential uses up to a density of 70 dwelling
units per acre for developments in the TC1 District and to allow multifamily residential
uses up to a density of 50 dwelling units per acre for developments in the Town Center
Districts 2-4 that dedicate residential units as HERO Housing, without a percentage
City of Aventura Ordinance No. 2023-
constraint, are both flexible and consistent with the applicable goals, objectives and
policies of the City's Comprehensive Plan; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendments
and has recommended approval to the City Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with the law; and
WHEREAS, the City Commission has reviewed the proposed amendments, and
finds that it is in the best interest of the public to amend 31-145 of the LDRs as set forth
in this Ordinance; and
WHEREAS, the City Commission has reviewed the action set forth in the
ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. City Code Amended Section 31-145 "Town Center Zoning Districts"
of Article VII "Use Regulations", of Chapter 31 "Land Development Regulations" of the
City Code is hereby amended to read as provided in "Exhibit A -- Sec. 31-145. Town
Center Zoning Districts" attached hereto.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
Page 2 of 4
City of Aventura Ordinance No. 2023-
renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Dr. Marks, who moved its
adoption on first reading. The motion was seconded by Commissioner Joel, and upon
being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Amit Bloom Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
Page 3 of 4
City of Aventura Ordinance No. 2023-
PASSED on first reading this 19th day of October, 2023.
PASSED AND ADOPTED on second reading this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of , 2023.
ELLISA L. HORVATH, MMC
CITY CLERK
Page 4 of 4
Ordinance 2023-XX,Exhibit A
Sec. 31-145.Town Center Zoning Districts.
(a) Purpose.The purpose and intent of these districts is to provide suitable sites for the development of
residential and commercial uses in a well-planned and compatible manner.The uses within these districts
shall be consistent with, but may be more restrictive than,the corresponding Town Center Land Use
category permitted uses. Residential densities shall not exceed 70 units per gross acre and nonresidential
densities shall not exceed a floor area ratio of 2.0.
(b) Town Center District(TC1).The following regulations shall apply to all TC1 Districts:
(1) Uses permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used
in whole or part for other than one or more of the following specific uses, provided the requirements
set forth elsewhere in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection,mixed-use buildings or structures are
those combining residential dwelling units conforming generally with the intent of the RMF3,
Multi-Family Medium Density Residential District,with office and/or retail commercial uses
allowed in the B1, Neighborhood Business District,where the ratio of total square feet dedicated
to residential and nonresidential uses is between 3:1 and 1:3.
b. Lifestyle center. For purposes of this section,a lifestyle center is a retail-oriented center of
superior design quality that serves the retail needs and lifestyle pursuits of consumers in the
area. Lifestyle centers shall have an open air configuration and shall include a mix of large,
medium and small tenant spaces with at least one,but no more than three,anchor tenants of at
least 30,000 square feet of floor area each.A lifestyle center shall include restaurants,family-
oriented entertainment,apparel stores and other permitted uses in the B1,Neighborhood
Business District,without the size limitations of that district,and may also include permitted uses
in the B2,Community Business District,except those B2 uses specifically prohibited for a lifestyle
center pursuant to section 31-145(b)(4)q. Lifestyle centers shall include design elements that
define their role as a multi-purpose, leisure-oriented,family-friendly destination such as water
features,gathering areas,street furniture and well-developed landscaping within and along
entrances, pedestrian areas and pathways,all of which are intended to create a town center
atmosphere.A lifestyle center shall be within one-half mile of a residential property, but no
residential uses shall be included in the lifestyle center itself.A lifestyle center shall encourage
multi-modal access by incorporating a mass transit stop,convenient pedestrian crosswalks and
bike racks.
(2) Accessory uses permitted. Permitted incidental and accessory uses shall include:
a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential
District,except for uses which, by their nature,would inhibit the establishment of permitted
commercial activities or restrict the acceptable mixing of residential and non-residential uses.
b. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(3) Conditional uses permitted. The following uses may be established if first approved as a conditional
use:
a. Those Uses permitted in the RMF3 District,except that residential uses may not be established in
a lifestyle center.
b. Those Uses permitted in the B1 District.
C. Those Uses permitted in the B1 District with increased floor area.
d. Sale of alcoholic beverages for on-premises consumption except with meals.
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Page 1 of 19
Ordinance 2023-XX,Exhibit A
e. Uses that exceed the height limitations, including parking structures.
f. Aboveground storage tanks.Aboveground storage tanks(AST) only as an accessory use and only
for the purpose of storing fuel for emergency generators.ASTs must conform to the following
requirements:
1. Be of 2,000 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
3. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door
or gate.Such wall shall be landscaped in accordance with the City's Landscape Code.
4. Be located in a manner consistent with the site development standards of the TC1 zoning
district.
Installation of any AST shall require a building permit from the City.Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to property
lines,the primary structure served by the AST,any other structures within 300 feet as well as a
landscape plan prepared by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City Manager or designee.
g. Floor areas that are less than the minimum floor areas required by the provisions of 31-145(5)g
hereof.
h. Allocations of interior spaces other than as set forth in section 31-145(b)(7) hereof.
i. Structured parking that is not incorporated into the building envelope of a primary use structure,
as required by section 31-145(9) hereof.
j. Structured parking that can be seen from a primary use building and that does not have the area
of the top level landscaped and/or decoratively paved in order to provide amenity areas for
building occupants,as required by section 31-238 of this Code.
k. Driveways for mixed-use projects exceeding 20 acres in size with a separation of less than 150
feet of landscaped frontage as long as it is determined,as part of site plan review that:
1. Landscaping for the total project site exceeds the minimum requirements of this Code,and;
2. Traffic studies indicate that a lesser distance between driveways does not constitute a
safety hazard to either vehicular or pedestrian traffic.
I. Off street parking that does not meet the requirements of section 31-171(b)or(d)of this Code.
m. All Uses permitted in the CF District,but not any use listed as a Conditional use in the CF district.
n. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code,increased lot coverage, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants; and;that
increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site,all in an amount equal to the requested increased lot coverage.
o. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code,increased floor area ratio,not to exceed a floor area ratio of 2.0.
p. For projects located on the same site as an existing office building or buildings,which office
building or buildings was/were constructed before October 6,2009 as evidenced by a temporary
certificate of occupancy or certificate of occupancy and does/do not meet LEED°Gold or
Platinum certification,the bonuses in n.and o.above shall be calculated based on the applicant's
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(Supp.No.46)
Page 2 of 19
Ordinance 2023-XX,Exhibit A
total site area, provided that the new construction that attains LEED°Gold or Platinum
certification is the same size or larger than the total square footage of the existing office building
or buildings.
q. For projects that provide- O'at least C of theiF residential units as HERO Housing, increased
density above 25 units per acre up to 70 units per acre.
(4) Uses prohibited. Except as specifically permitted in this subsection (b),the following uses are expressly
prohibited as either principal or accessory uses:
a. Any use not specifically permitted.
b. Adult entertainment establishments.
C. Sale of goods to other than the ultimate consumer.
d. Sales, purchase,display or storage of used merchandise other than antiques.
e. Sale of fruit or merchandise from trucks,wagons or other vehicles parked on or along public or
private streets or from open stands or vacant lots.Such business on private or public property
shall be conducted only from within approved permanent substantial buildings.
f. Any drive-through service facility,except a drive-through service facility may be permitted for
outparcel buildings in a lifestyle center.
g. The following B2,Community Business District, permitted uses are prohibited in a lifestyle center:
Auditoriums;automobile new parts and equipment,sales only; bait and tackle shops; billiard
rooms and pool rooms; dry cleaning establishments where dry cleaning is performed on site;
electrical appliance and fixture stores including related repair shops; lawn mowers,retail,sales
and service; mortuaries or funeral homes; motorcycle sales and repair; liquor package stores;
bars, lounges and nightclubs; office parks; automatic and hand car washes; hotels, motels and
time share units; stores for the sale or purchase of previously owned jewelry and/or previously
owned precious metals,directly to the ultimate consumer only,except that sales and purchases
may be made between vendors occupying the same unit or establishment.
h. Residential uses in a lifestyle center.
(5) Site development standards.
a. Minimum lot size: 16,000 square feet.
b. Minimum lot width: 100 feet.
C. Maximum lot coverage:45 percent of total lot area.
d. Maximum floor density:
1. Residential component: 25 dwelling units per gross acre.
2. Nonresidential component: 2.0 floor area ratio.
e. Maximum height: Four stories or 50 feet,including parking structures.
f. Setbacks:
1. Front: 25 feet.
2. Side:There is no side yard setback required for a plot not adjacent to a street or alley,or
where such setback is necessary to provide light and air to residential units. In such cases a
side yard setback of 20 feet in depth is required.
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(Supp.No.46)
Page 3 of 19
Ordinance 2023-XX,Exhibit A
3. Rear:There is no rear yard setback required for a plot not adjacent to a street or alley,or
where such setback is necessary to provide light and air to residential units. In such cases a
rear yard setback of 20 feet in depth is required.
4. Between buildings: No minimum building separation distance is normally required,except
where necessary to provide light and air to residential units. In such cases, buildings may be
no closer than 25 feet.
g. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas
shall be as follows:
Multiple-family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit:900 square feet.
Two bedroom unit: 1,050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 40 percent of the total number of residential units within a
building.
h. Required open space:A minimum of 35 percent of the total lot area of the site shall be provided
as common open space available for use by all residents or consumers;of this common open
space a minimum of one-half shall be unencumbered with any structure(except for play
equipment for children and associated mounting,fencing and furniture)and shall be landscaped
with grass and vegetation approved in a landscape plan.The remaining one-half may be used for
recreational facilities,amenities, pedestrian walks,entrance landscaping and features(not
including gatehouses and associated vehicle waiting areas),or maintenance facilities.
(6) Accessibility for Mixed-Use Structures. All residential units shall be accessible to the outside via a direct
exit or an entry lobby that does not require residents to pass through a leasable commercial space.
(7) Allocation of interior space for Mixed-Use Structures. Retail stores, personal services, banks and
financial services, indoor commercial recreation uses, restaurants and coffee houses,schools, nursery
schools and child care centers are allowed only on the ground floor of mixed-use buildings.Offices and
medical offices are allowed only on the ground and second floors. Residential uses are allowed only on
the second or higher floors.
(8) Garbage containers. All garbage or trash containers,oil tanks and bottle gas tanks must be placed in
walled-in areas so that they shall not be visible from adjoining properties.
(9) Performance Standards. Any structure parking serving the primary use on the site shall be incorporated
into the building envelope and shall be compatibly designed. Structured parking in a lifestyle center is
exempted from the foregoing standard. Such parking structure shall comply with all minimum setback
and buffer yard requirements. Parking structure ceiling heights shall be seven feet six inches except
where greater heights may be required by other regulatory agencies. Pipes,ducts and mechanical
equipment installed below the ceiling shall not be lower than seven feet zero inches above finished
floor.
(10) Design Standards. All mixed use development in the TC1 Zoning District shall substantially comply with
the applicable"Town Center Design Guidelines"as provided by the City Manager.All lifestyle center
development in the TC1 Zoning District shall substantially comply with the"Lifestyle Center in Town
Center District Design Guidelines"dated July,2012, provided by the City Manager.
(c) Town Center Marine District(TC2). The following regulations shall apply to all TC2 Districts.
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(Supp.No.46)
Page 4 of 19
Ordinance 2023-XX,Exhibit A
(1) Purpose.This district is intended to provide suitable sites for the development of structures combining
residential and commercial uses located in proximity to marine-related light industrial activities.
Residential units within this district should be developed and sold with the realistic expectation that
limited impacts of noise,odor and dust will be experienced. Residential densities shall not exceed 25
units per gross acre and nonresidential densities shall not exceed a floor area ratio of 2.0.
(2) Uses permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used
in whole or part for other than one or more of the following specific uses, provided the requirements
set forth elsewhere in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection,mixed-use buildings or structures are
those combining residential dwelling units conforming generally with the intent of the RMF3,
MultiFamily Medium Density Residential District,with office and/or retail commercial uses
allowed in the B1, Neighborhood Business District,where that ratio of total square feet dedicated
to residential and non-residential uses is between 3:1 and 1:3.
b. Dry and wet boat storage.
C. Fabrication and construction of ships and boats.
d. Manufacturing and repair of equipment used in boats,ships and other marine applications,
including cabinets and other interior woodwork;electronic equipment and navigational
equipment and tools.
e. Manufacturing research and development business limited to buildings of 25,000 square feet or
less in area per lot.
f. Marine architects and designers.
g. Marine showrooms.
h. Marine warehouses.
i. Office uses which serve or represent any primary industrial use in the district.
j. Repair and modification of ships and boats.
k. Retail sales of boats and ships, marine equipment and accessories, including fishing equipment
and tackle, but not including the storage or sales of live bait.
I. Retail uses which serve the district.
M. Self-service storage facility.
n. Warehousing including crating,packing and shipping.
(3) Accessory uses permitted. Permitted incidental and accessory uses shall include:
a. Those uses allowed as accessory uses in the RMF3 Multifamily Medium Density Residential
District,except for uses which, by their nature,would inhibit the establishment of permitted
commercial activities or restrict the acceptable mixing of residential and non-residential uses.
b. Fabricators and constructors of ships and boats may operate the following facilities when located
on,or adjacent to,their primary facility.These uses shall open for business no earlier than one
hour before and close no later than one hour after the normal business hours of the primary
facility.
1. Book, map and gift shops.
2. Facilities to accommodate plant tours.
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Page 5 of 19
Ordinance 2023-XX,Exhibit A
3. Facilities to manufacture,sell and distribute souvenir clothing and fashion accessories.
4. Museums and instructional centers.
5. Restaurants that do not sell alcoholic beverages.
C. Fabricators and constructors of ships and boats may operate underground tanks for the storage
and dispensing of gasoline,diesel fuel and turbine kerosene,subject to existing Federal,State or
County fire and environmental standards.
d. Manufacturing and fabrication facilities are allowed one dwelling unit per site for the exclusive
residential use of a security guard or plant manager,provided that the floor area of the dwelling
unit does not exceed ten percent of the total floor area of the facility.
e. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(4) Conditional uses permitted. The following uses may be established if first approved as a conditional
use:
a. Those uses permitted in the RMF3 District.
b. Those uses permitted in the 131 District.
C. Those uses permitted in the OP District.
d. Those uses permitted in the U District.
e. Those uses permitted in the ROS District.
f. Daycare centers.
g. Health club or spa and physical fitness facilities.
h. Marinas.
i. Museums.
j. Restaurants and pubs.
k. Sale of alcoholic beverages for on-premises consumption except with meals.
I. Sale, rental,service and storage of motor vehicles.
M. Stores for the sale or rent of new or used merchandise,conducted solely within a building,
whether or not to the ultimate consumer.
n. Uses that exceed the height limitations, including parking structures.
o. All Uses permitted in the CF District,but not any use listed as a Conditional use in the CF district.
p. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code,increased lot coverage, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants; and;that
increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site,all in an amount equal to the requested increased lot coverage.
q. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code,increased floor area ratio,not to exceed a floor area ratio of 2.0.
r. For projects located on the same site as an existing office building or buildings,which office
building or buildings was/were constructed before October 6,2009 as evidenced by a temporary
certificate of occupancy or certificate of occupancy and does/do not meet LEED°Gold or
Platinum certification,the bonuses in p.and q.above shall be calculated based on the applicant's
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(Supp.No.46)
Page 6 of 19
Ordinance 2023-XX,Exhibit A
total site area, provided that the new construction that attains LEED°Gold or Platinum
certification is the same size or larger than the total square footage of the existing office building
or buildings.
S. For projects that provide residential units as HERO Housing,increased density above 25 units per
acre up to 50 units per acre.
(5) Uses prohibited. Except as specifically permitted in this subsection (c),the following uses are expressly
prohibited as either principal or accessory uses:
a. Any use not specifically permitted.
b. Adult entertainment establishments.
C. Airport or heliport.
d. Any drive-through service facility.
e. Any processing of animal products or disposal or incineration of dead animals.
f. Bars and cocktail lounges.
g. Bus storage or repair facilities.
h. Die casting.
i. Drop forging.
j. Fish smoking,curing and canning.
k. Foundry.
I. Institution for the housing of sick, indigent,aged or minor persons.
M. Manufacture of asphalt,brick,tile,glues,cement,lime,plaster,concrete or products thereof,
acids,carbon, plastics,disinfectants, poison, insecticides and batteries.
n. Manufacturing and/or storage of explosives or explosives materials.
o. Meat processing or slaughtering.
p. Mortuaries.
q. Oil compounding or barreling.
r. Open air display,sale or storage of merchandise,materials or equipment,or any service or
process performed outdoors unless enclosed by a masonry wall not less than six feet in height.
S. Open air storage in bulk of asphalt,brick, building materials,butane,cement,clay products,
concrete products,contractors'equipment,fuel,gravel, hay,grease,lime,plaster, pipe, lumber,
machinery, roofing,sand,stone,tar or creosoted products,timber or wood.
t. Paint or varnish manufacturing.
U. Pulp or paper mills.
V. Recycling or processing of construction and demolition debris or materials recycling facilities.
W. Sale of fruit or merchandise from trucks,wagons or other vehicles parked on or along public or
private streets or from open stands or vacant lots.Such business on private or public property
shall be conducted only from within approved permanent substantial buildings.
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Page 7 of 19
Ordinance 2023-XX,Exhibit A
X. Sale of goods to other than the ultimate consumer.
y. Sales, purchase,display or storage of used merchandise other than antiques.
Z. Salvage yards,automobile crushing operations,storage of automobiles or trucks for parts sales.
(6) Limitations of uses and structures. All permitted uses in this district shall be conducted within a
completely enclosed building except as follows:
a. Overhead doors or other openings larger than eight feet in width shall not be located on the
immediate streetside elevations of buildings. However,on corner and double frontage lots said
doors shall be permitted behind a six-foot decorative masonry wall with doors fronting
properties of like zoning. If oriented toward contiguous residentially zoned land said opening
shall be screened in accordance with the requirements contained in these LDRs.
b. Building facades facing roadways shall be designed to appear to be the fronts of buildings.This
provision shall apply to corner and double frontage lots.
(7) Site development standards.
a. Minimum lot size: 16,000 square feet.
b. Minimum lot width: 100 feet.
C. Maximum lot coverage:45 percent of total lot area.
d. Maximum floor density:
1. Residential component: 25 dwelling units per gross acre.
2. Non-residential component:2.0 floor area ratio.
e. Maximum height: Four stories or 50 feet,including parking structures.
f. Setbacks:
1. Front: 25 feet.
2. Side:There is no side yard setback required for a plot not adjacent to a street or alley,or
where such setback is necessary to provide light and air to residential units. In such cases a
side yard setback of 20 feet in depth is required.A minimum side yard setback of ten feet
from edge of water is required,where applicable.
3. Rear:There is no rear yard setback required for a plot not adjacent to a street or alley,or
where such setback is necessary to provide light and air to residential units. In such cases a
rear yard setback of 20 feet in depth is required.A minimum rear yard setback of ten feet
from edge of water is required.
4. Between buildings: No minimum building separation distance is normally required,except
where necessary to provide light and air to residential units. In such cases, buildings may be
no closer than 25 feet.
g. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas
shall be as follows:
Multiple-family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit:900 square feet.
Two bedroom unit: 1,050 square feet.
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(Supp.No.46)
Page 8 of 19
Ordinance 2023-XX,Exhibit A
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 40 percent of the total number of residential units within a
building.
h. Minimum open space:
1. Any uses that include a residential component:A minimum of 35 percent of the total lot
area of the site shall be provided as common open space available for use by all residents;
of this common open space a minimum of one-half shall be unencumbered with any
structure(except for play equipment for children and associated mounting,fencing and
furniture) and shall be landscaped with grass and vegetation approved in a landscape plan.
The remaining one-half may be used for recreational facilities,amenities, pedestrian walks,
entrance landscaping and features(not including gatehouses and associated vehicle
waiting areas),or maintenance facilities.
2. Non-residential uses:A minimum of 15 percent of the total lot area.Said landscaped open
space may include entrance features, passive recreational uses and/or pedestrian
walkways.
3. The above minimum requirements may also include 50 percent of roof decks and other
above-grade surfaces which are provided and maintained for the common benefit of all
occupants of the building.Water bodies may be used as part of the required landscaped
open space but such water areas shall not be credited for more than 20 percent of the
required open space.
(8) Accessibility. All residential units shall be accessible to the outside via a direct exit or an entry lobby
that does not require residents to pass through a leasable commercial space.
(9) Allocation of interiorspace. Retail stores, personal services, banks and financial services, indoor
commercial recreation uses, restaurants and coffee houses,schools, nursery schools and child care
centers are allowed only on the ground floor of mixed-use buildings.Offices and medical offices are
allowed only on the ground and second floors. Residential uses are allowed only on the second or
higher floors.
(10) View corridors to bay or ocean. All sites abutting a waterway shall maintain a visual passageway area
unencumbered with any structure or off-street parking area.This view corridor shall extend from the
waterway to the street most nearly parallel to the mean high tide line.The width of this view corridor
shall equal an aggregate area of 20 percent of the average of two frontages on either end of the view
corridor,to a maximum of 100 feet. Each corridor shall not be less than ten percent of the required
view corridor.
(11) Performance standards.
a. No building or structure,or part thereof,shall be erected or used, in whole or in part,in any
manner that is obnoxious,objectionable,a nuisance or a hazard to adjoining properties,as it
relates to sound,vibrations,odors,glare, radioactive materials,smoke and particular matters.
b. All necessary exterior lighting on the lot shall be installed so as not to cause any nuisance or glare
to adjoining areas.
C. All garbage or trash containers,oil tanks and bottle gas tanks must be placed in walled-in areas so
that they shall not be visible from adjacent properties.
d. There shall be no open outside storage of materials,supplies, products,equipment or machinery
or marine vehicles,except automotive vehicles, unless area used for such outside storage is
effectively screened from the direct view at ground level from any street or from adjacent
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Page 9 of 19
Ordinance 2023-XX,Exhibit A
property.Said screening shall form a complete opaque screen up to eight feet in height. Said
screen may include fencing, provided that said fence is surrounded by trees and/or hedges of a
height not less than three feet at time of planting and maintained at the height of the fence.
Outdoor storage shall be meant to include parking of all company owned and operated vehicles
with the exception of passenger vehicles. No storage shall be permitted between a frontage
street and the building line unless behind a six-foot decorative masonry wall.Such wall shall be
constructed a minimum of five feet from the property line and densely landscaped in the
required five-foot strip.
e. Except as provided below,all other fuel tanks, regardless of type,will be located underground.
There will be no bulk storage of any fuels permitted other than fuels stored for the purpose of
servicing vehicles used in the regular course of business and for back-up generator day tanks.
Aboveground fuel storage tanks(AST)may be above ground for emergency generators only as an
accessory use,subject to compliance with the following requirements:
1. Be of 2,000 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
3. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door
or gate.Such wall shall be landscaped in accordance with the City's Landscape Code.
4. Be located in a manner consistent with the site development standards of the zoning
district.
Installation of any AST shall require a building permit from the City.Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to property
lines,the primary structure served by the AST,any other structures within 300 feet as well as a
landscape plan prepared by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City Manager or designee.
f. All improved land shall be well graded and free from underbrush and objectionable plant growth.
All unimproved land shall be kept free from debris and shall not be used for storage of any
materials.The road right-of-way landscaped areas shall be mowed at least every two weeks by
the adjacent property owner.
g. All property shall be kept free from rubbish or debris.All buildings shall be kept painted and
protected from deterioration and shall not be permitted to become dilapidated.
h. All driveways,walkways, parking areas,storage and loading areas of developed property shall be
well graded and surfaced with at least asphaltic concrete or other equivalent hard,dustless
materials.
i. The nature of any light industrial use shall not be dangerous to the comfort,peace,enjoyment,
health or safety of the community or the abutting areas or create a disturbance or nuisance.
j. Structure parking:Any structure parking serving the primary use on the site shall be incorporated
into the building envelope and shall be compatibly designed. Such parking structure shall comply
with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall be
seven feet six inches except where greater heights may be required by other regulatory agencies.
Pipes,ducts and mechanical equipment installed below the ceiling shall not be lower than seven
feet zero inches above finish floor.
(12) Design standards. All development in the TC2 Zoning District shall substantially comply with the
applicable"Town Center Design Guidelines"as provided by the City Manager.
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Page 10 of 19
Ordinance 2023-XX,Exhibit A
(d) Town Center Neighborhood(TC3)District.The following regulations shall apply to all TC3 Districts:
(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 in existing
neighborhoods on property that provides lot frontage on at least three public streets and does not
front upon or access Biscayne Boulevard. Development in this district shall provide for indoor and/or
outdoor commercial recreation uses and shall provide a minimum of 20,000 square feet per gross acre
of assisted living facility use as part of its commercial uses. Residential densities shall not exceed 20
dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0.
(2) Uses Permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used
in whole or part for other than a combination of all of the following specific uses, provided the
requirements set forth elsewhere in this section are satisfied:
a. Mixed-use structures. For the purposes of this subsection,mixed-use buildings or structures are
those combining residential dwelling units conforming generally with the intent of the RMF3,
Multifamily Medium Density Residential District,with office and/or retail commercial uses
allowed in the B1, Neighborhood Business District,where the ratio of total square feet dedicated
to residential and non-residential uses is between 3.5:1 and 1:3.5.
b. Assisted living facilities with a minimum of 20,000 square feet per gross acre and with a minimum
gross floor area of 600 square feet per unit.
C. Indoor and outdoor commercial recreational uses with a maximum of 1,000 square feet of total
floor area per establishment.
d. Hotels,with a minimum of 180 rooms and with a minimum gross floor area of a rental sleeping
room of 400 square feet.
(3) Accessory uses permitted. Permitted incidental and accessory uses shall include:
a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential
District,except for uses which, by their nature,would inhibit the establishment of permitted
commercial activities or restrict the acceptable mixing of residential and non-residential uses.
b. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(4) Conditional uses permitted. The following uses may be established if first approved as a conditional
use:
a. Those Uses permitted in the 131 District with increased floor area.
b. Uses that exceed the height limitations of subsection 31-145(d)(6),including parking structures.
C. Indoor and outdoor commercial recreation uses with more than 1,000 square feet per
establishment.
d. Aboveground storage tanks.Aboveground storage tanks(AST) only as an accessory use and only
for the purpose of storing fuel for emergency generators.ASTs must conform to the following
requirements:
1. Be of 2,000 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
3. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door
or gate.Such wall shall be landscaped in accordance with the City's Landscape Code.
Created: 2023-07-26 12:33:02 [EST]
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Page 11 of 19
Ordinance 2023-XX,Exhibit A
4. Be located in a manner consistent with the site development standards of the TC1 Zoning
District.
Installation of any AST shall require a building permit from the City.Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to property
lines,the primary structure served by the AST,any other structures within 300 feet as well as a
landscape plan prepared by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City Manager or designee.
e. Floor areas that are less than the minimum floor areas required by the provisions of Section 31-
145(d)(6)g hereof.
f. Allocations of interior spaces for mixed-use structures other than as set forth in Section 31-
145(d)(8) hereof.
g. Structured parking that is not incorporated into the building envelope of a primary use structure,
as required by Section 31-145(d)(9) hereof.
h. Structured parking that can be seen from a primary use building and that does not have the area
of the top level landscaped and/or decoratively paved in order to provide amenity areas for
building occupants,as required by Section 31-238 of this Code.
i. Driveways with a separation of less than 150 feet of landscaped frontage as long as it is
determined,as part of site plan review that:
1. Landscaping for the total project site exceeds the minimum requirements of this Code,and;
2. Traffic studies indicate that a lesser distance between driveways does not constitute a
safety hazard to either vehicular or pedestrian traffic.
j. Off-street parking that does not meet the requirements of Section 31-171(b)or(d)of this Code.
k. All Uses permitted in the CF District,but not any use listed as a Conditional use in the CF district.
1. For buildings that attain LEED°Gold or Platinum certification as provided in Article VI of Chapter
14 of the City Code,increased lot coverage, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants; and;that
increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site,all in an amount equal to the requested increased lot coverage.
M. For buildings that attain LEED°Gold or Platinum certification as provided in Article VI of Chapter
14 of the City Code,increased floor area ratio,not to exceed a floor area ratio of 2.0.
n. For projects located on the same site as an existing office building or buildings,which office
building or buildings was/were constructed before October 6,2009 as evidenced by a temporary
certificate of occupancy or certificate of occupancy and does/do not meet LEED°Gold or
Platinum certification,the bonuses in I.and m.above shall be calculated based on the applicant's
total site area, provided that the new construction that attains LEED°Gold or Platinum
certification is the same size or larger than the total square footage of the existing office building
or buildings.
o. For projects that provide residential units as HERO Housing,increased density above 20 units per
acre up to 50 units per acre.
(5) Uses prohibited. Except as specifically permitted in this subsection (b),the following uses are expressly
prohibited as either principal or accessory uses:
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Page 12 of 19
Ordinance 2023-XX,Exhibit A
a. Any use not specifically permitted.
b. Adult entertainment establishments.
C. Sale of goods to other than the ultimate consumer.
d. Sales, purchase,display or storage of used merchandise other than antiques.
e. Sale of fruit or merchandise from trucks,wagons or other vehicles parked on or along public or
private streets or from open stands or vacant lots.Such business on private or public property
shall be conducted only from within approved permanent substantial buildings.
f. Any drive-through service facility.
(6) Site development standards.
a. Minimum lot size: Five gross acres.
b. Minimum lot width: 100 feet.
C. Maximum lot coverage:45 percent of total lot area, provided that if 80 percent or more of the
required parking spaces is provided in a parking structure, lot coverage may be increased to a
maximum of 55 percent of the total lot area.
d. Maximum floor density:
1. Residential component: 20 dwelling units per gross acre.
2. Nonresidential component: 2.0 floor area ratio.
e. Maximum height: Four stories or 50 feet. including parking structures.
f. Setbacks:
1. Front:25 feet.
2. Side:There is no side yard setback required for a lot that is not adjacent to a street or alley,
unless such setback is necessary to provide light and air to residential units. In such cases a
side yard setback of 20 feet in depth is required.
3. Street side:20 feet.
4. Rear.There is no rear yard setback required for a plot not adjacent to a street or alley,
unless such setback is necessary to provide light and air to residential units. In such cases a
rear yard setback of 20 feet in depth is required.
5. Rear street:20 feet.
6. Between buildings:No minimum building separation distance is normally required,except
where necessary to provide light and air to residential units. In such cases, buildings may be
no closer than 25 feet.
g. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas
shall be as follows,except that conditional use approval may be granted to authorize a reduction
in the following minimum floor areas in accordance with Section 31-145(d)(4)d:
Multiple family dwelling unit:
Efficiency unit:800 square feet.
One bedroom unit:900 square feet.
Two bedroom unit: 1,050 square feet.
Created: 2023-07-26 12:33:02 [EST]
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Page 13 of 19
Ordinance 2023-XX,Exhibit A
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 40 percent of the total number of residential units within a
building.
h. Required open space:A minimum of 35 percent of the total lot area of the site shall be provided
as common open space available for use by all residents or consumers;of this common open
space a minimum of one-half shall be unencumbered with any structure(except for play
equipment for children and associated mounting,fencing and furniture)and shall be landscaped
with grass and vegetation approved in a landscape plan.The remaining one-half may be used for
non-commercial recreational facilities,amenities, pedestrian walks,entrance landscaping and
features(not including gatehouses and associated vehicle waiting areas),or maintenance
facilities.
(7) Accessibility for Mixed-Use Structures. All residential units shall be accessible to the outside via an entry
lobby that does not require residents to pass through a leasable commercial space.
(8) Allocation of interior space for Mixed-Use Structures. Retail stores, personal services, banks and
financial services, indoor commercial recreation uses, restaurants and coffee houses,schools, nursery
schools and child care centers are allowed only on the ground floor of mixed-use buildings.Offices and
medical offices are allowed only on the ground and second floors. Residential uses are allowed only on
the second or higher floors. In accordance with Section 31-145(d)(4)e,conditional use approval may be
granted to authorize a waiver from such requirements for allocations of interior space in mixed-use
structures.
(9) Performance standards. Any structured parking serving the primary use on the site shall be
incorporated into the building envelope and shall be compatibly designed. Such parking structure shall
comply with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall
be seven feet six inches except where greater heights may be required by other regulatory agencies.
Pipes,ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet
zero inches above finished floor. In accordance with Section 31-145(d)(4)f,conditional use approval
may be granted to authorize a waiver from the requirements that structured parking be incorporated
into the building envelope of a primary use structure and that such structured parking conform to
Section 31-238.
(10) Design standards. All development in the TC3 Zoning District shall be compatible with existing adjacent
development.Specifically,when greater heights are immediately adjacent to existing development,
such height shall be graduated by steps so that the part of the structure within 50 feet of the property
boundary is the same or lower height as existing adjacent residential development. Development in the
TC3 District shall substantially comply with the applicable"Town Center Design Guidelines",as
provided by the City Manager and adopted through Ordinance No. 2006-02 on February 7,2006.
(e) Town Center Office Park Mixed Use(TC4)District. The following regulations shall apply in the TC4 District:
(1) Purpose.This district is intended to provide suitable sites for the development of structures and sites
combining residential and commercial uses in a well-planned and compatible manner,emphasizing
office uses with direct access to Biscayne Boulevard.Any approved site plan in this district shall provide
a significant amount of office space as part of its commercial uses. Residential densities shall not
exceed 50 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio
of 2.0.
(2) Uses Permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used
in whole or part for other than a combination of all of the following specific uses, provided the
requirements set forth elsewhere in this section are satisfied:
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(Supp.No.46)
Page 14 of 19
Ordinance 2023-XX,Exhibit A
a. Mixed-use structures. For the purposes of this subsection,mixed-use buildings or structures are
those combining residential dwelling units conforming generally with the intent of the RMF3,
Multifamily Medium Density Residential District,with office and/or retail commercial uses
allowed in the B1, Neighborhood Business District.
b. Office space comprising no less than 40 percent of the non-residential square feet of floor area
on site.
C. Hotels,with a minimum of 100 rooms.
d. Kiosks and outdoor vending,when located within 100 feet of a lake or pond.
e. A previously-approved,existing use permitted under the previously applicable zoning regulations,
such as an existing bank with a drive-through,constitutes a legal conforming use in the TC4
District.
f. Health and Exercise Clubs and Spas.
g. Outdoor entertainment, including sales from trucks,wagons,or vehicles parked on public or
private streets or pedestrian walkways may be permitted from time to time through Special
Events permits issued by the City Manager or designee.
(3) Accessory uses permitted. Permitted incidental and accessory uses shall include:
a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential
District,except for uses which, by their nature,would inhibit the establishment of permitted
commercial activities or restrict the acceptable mixing of residential and non-residential uses.
b. Outdoor dining as an accessory use to a permitted restaurant or retail use.
(4) Conditional uses permitted. The following uses may be established if first approved as a conditional
use:
a. Those uses permitted in the 131 District with increased floor area.
b. Uses that exceed the height limitations of Subsection 31-145(e)(6)e.,including parking structures.
C. Indoor and outdoor commercial recreation uses.
d. Aboveground storage tanks.Aboveground storage tanks(AST) only as an accessory use and only
for the purpose of storing fuel for emergency generators.ASTs must conform to the following
requirements:
1. Be of 2,000 gallons capacity or less.
2. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
3. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door
or gate.Such wall shall be landscaped in accordance with the City's Landscape Code.
4. Be located in a manner consistent with the site development standards of the TC1 Zoning
District.
Installation of any AST shall require a building permit from the City.Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to property
lines,the primary structure served by the AST,any other structures within 300 feet as well as a
landscape plan prepared by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City Manager or designee.
Created: 2023-07-26 12:33:02 [EST]
(Supp.No.46)
Page 15 of 19
Ordinance 2023-XX,Exhibit A
e. Floor areas that are less than the minimum floor areas required by the provisions of Subsection
31-145(e)(6)g hereof.
f. Structured parking that is not incorporated into a primary use structure's building envelope,as
required by Subsection 31-145(e)(8) hereof.
g. Any top-level surface area of structured parking that can be seen from a primary use building and
does not have the area of the top level landscaped and/or decoratively paved in order to provide
amenity areas for building occupants,as required by Section 31-238 of this Code.
h. Driveways with a separation of less than 150 feet of landscaped frontage as long as it is
determined,as part of site plan review that:
1. Landscaping for the total project site exceeds the minimum requirements of this Code,and;
2. Traffic studies indicate that a lesser distance between driveways does not constitute a
safety hazard to either vehicular or pedestrian traffic.
i. Off-street parking that does not meet the requirements of Subsection 31-171(b)or(d) of this
Code.
j. All Uses permitted in the CF District,but not any use listed as a Conditional use in the CF district.
k. For buildings that attain LEED°Gold or Platinum certification as provided in Article VI of Chapter
14 of the City Code,increased lot coverage, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants; and;that
increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site,all in an amount equal to the requested increased lot coverage.
1. For buildings that attain LEED°Gold or Platinum certification as provided in Article VI of Chapter
14 of the City Code,increased floor area ratio,not to exceed a floor area ratio of 2.0.
M. For projects located on the same site as an existing office building or buildings,which office
building or buildings was/were constructed before October 6,2009 as evidenced by a temporary
certificate of occupancy or certificate of occupancy and does/do not meet LEED°Gold or
Platinum certification,the bonuses in I.and m.above shall be calculated based on the applicant's
total site area, provided that the new construction that attains LEED°Gold or Platinum
certification is the same size or larger than the total square footage of the existing office building
or buildings.
n. Live/work units included within the overall density limits set forth in Subsection (6)d.and
adhering to the following:
1. Located within a multi-story mixed-use building with strictly commercial uses on at least
the first floor or in the ground floor of townhouse dwelling units that do not front Biscayne
Blvd.The minimum size for each Live/work unit is 850 square feet.The work portion of the
unit must not exceed 50 percent of the total floor area of the live/work unit.
2. The predominate use of each live/work unit is residential,with commercial activity as a
secondary use.The quiet enjoyment expectations of residential neighbors take precedence
over the work needs of a live/work unit.
3. Commercial uses in live/work units must be conducted entirely within the unit.
4. No more than two employees or independent contractors who do not reside at the address
may work at the business.
5. Signage for live/work units is limited to one non-illuminated wall or window sign up to
three square feet and located on the same wall as the entrance to the unit.
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(Supp.No.46)
Page 16 of 19
Ordinance 2023-XX,Exhibit A
6. No commodities,stores,or display of products on the premises shall be visible from the
street or surrounding residential area,and no outdoor display or storage of materials,
goods,supplies,or equipment used in the live/work unit shall be permitted on the
premises.
7. Required parking spaces per unit shall be in accordance with general residential parking
standards, plus one space,which space may not be reserved for the live/work unit.
8. No equipment shall be used which creates noise,vibration,glare,fumes,or odors outside
the dwelling unit that are objectionable to the normal senses.
9. Commercial uses in live/work units are limited to offices,studios,services and incidental
retail.Visits from customers,clients,and suppliers shall average no more than a total of 30
visits per week.
10. The owner/occupant of a live/work unit must maintain a valid City of Aventura local
business tax receipt for the business on the premise. Payment of the annual local business
tax will be required prior to occupancy and annually thereafter.
Nothing herein shall be construed to conflict with any applicable state laws.
o. Residential Uses that exceed 25 dwelling units per acre, but not to exceed 50 units per acre.
p. For projects that provide residential units as HERO Housing,increased density above 25 units per
acre up to 50 units per acre.
(5) Uses prohibited. Except as specifically permitted in this subsection (b),the following uses are expressly
prohibited as either principal or accessory uses:
a. Any use not specifically permitted.
b. Adult entertainment establishments.
C. Sale of goods to other than the ultimate consumer.
d. Sales, purchase,display or storage of used merchandise other than antiques.
(6) Site development standards.
a. Minimum lot size: Five gross acres.
b. Minimum lot width: 100 feet.
C. Maximum lot coverage:45 percent of total lot area, provided that if 80 percent or more of the
required parking spaces is provided in a parking structure, lot coverage may be increased to a
maximum of 55 percent of the total lot area.
d. Maximum floor area and density:
1. Residential component: 25 dwelling units per gross acre.
2. Nonresidential component: 2.0 floor area ratio.
e. Maximum height:Ten stories or 100 feet,including parking structures.
f. Setbacks:
1. Front: 25 feet.
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(Supp.No.46)
Page 17 of 19
Ordinance 2023-XX,Exhibit A
2. Side:There is no side yard setback required for a lot that is not adjacent to a street or alley,
unless such setback is necessary to provide light and air to residential units. In such cases a
side yard setback of 20 feet in depth is required.
3. Street side:20 feet.
4. Rear:There is no rear yard setback required for a plot not adjacent to a street or alley,
unless such setback is necessary to provide light and air to residential units. In such cases a
rear yard setback of 20 feet in depth is required.
5. Rear street: 20 feet.
6. Between buildings: No minimum building separation distance is normally required,except
where necessary to provide light and air to residential units. In such cases, buildings may be
no closer than 25 feet.
g. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas
shall be as follows,except that conditional use approval may be granted to authorize a reduction
in the following minimum floor areas in accordance with Subsection 31-145(e)(4)e.:
Multiple-family dwelling unit:
Efficiency unit: 800 square feet.
One-bedroom unit:900 square feet.
Two-bedroom unit: 1,050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 40 percent of the total number of residential units within a
building.
h. Required open space:A minimum of 30 percent of the total lot area of the site shall be provided
as common open space available for use by all residents or consumers;of this common open
space a minimum of one-third shall be unencumbered with any structure (except for play
equipment for children and associated mounting,fencing and furniture)and shall be landscaped
with grass and vegetation approved in a landscape plan.The remaining two-thirds may be used
for non-commercial recreational facilities,amenities, pedestrian walks,entrance landscaping and
features(not including gatehouses and associated vehicle waiting areas).Water bodies may be
used toward the calculation of required open space.
i. Design standards:All Development in the TC4 Zoning District shall be compatible with existing
adjacent development. Specifically,where greater heights are immediately adjacent to existing
residential development,such height shall be graduated by steps so that the part of the structure
within 50 feet of the property boundary is no more than two stories higher than existing
residential development.
j. Transportation standards:
1. A ride sharing,valet,and transit accommodation plan acceptable to the Community
Development Director shall be provided at time of site plan approval.
2. A bicycle parking plan and residential bicycle storage accommodations acceptable to the
Community Development Director shall be provided at time of site plan approval.to
provide light and air to residential units. In such cases a side yard setback of 20 feet in
depth is required.
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Page 18 of 19
Ordinance 2023-XX,Exhibit A
3. On-street parking,on both internal and external streets,shall be provided wherever
feasible as shown on an on-street parking plan acceptable to the Community Development
Director at time of site plan approval.A ride sharing,valet,and transit accommodation plan
acceptable to the Community Development Director shall be provided at time of site plan
approval.
(7) Accessibility for Mixed-Use Structures. All residential dwelling units shall be accessible to the outside via
an entry lobby that does not require residents to pass through a leasable commercial space.
(8) Performance standards. Any structured parking serving the primary use on the site shall be
incorporated into the building envelope and shall be compatibly designed. Such parking structure shall
comply with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall
be seven feet six inches except where greater heights may be required by other regulatory agencies.
Pipes,ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet
zero inches above finished floor. In accordance with Subsection 31-145(e)(4)f.,conditional use approval
may be granted to authorize a waiver from the requirements that structured parking be incorporated
into the building envelope of a primary use structure and that such structured parking conform to
Section 31-238.
(Ord. No.99-09,§ 1(Exh.A,§705),7-13-99; Ord. No. 2000-08,§ 1,4-4-00;Ord. No.2001-15,§ 1, 10-2-01; Ord. No.
2002-20,§ 1,9-3-02;Ord. No. 2003-01,§3, 1-7-03;Ord. No.2006-02,§2,2-8-06;Ord. No.2009-19,§4, 10-6-09;
Ord. No. 2010-08,§ 1,9-7-10;Ord. No.2012-14,§2, 10-2-12; Ord. No.2013-12,§2, 10-1-13;Ord. No. 2017-07,
§§3,4,6-14-17;Ord. No.2020-03,§4,5-5-20;Ord. No.2021-15,§2,9-23-21)
Created: 2023-07-26 12:33:02 [EST]
(Supp.No.46)
Page 19 of 19
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson CZ�Q_
City Manager
BY: Keven R. KloppOw
Community Development Director
DATE: November 3, 2023
SUBJECT: Request by Aventura 2999 LLC for Conditional Use Approval for a
Mixed-use Development Proposed at 2999 NE 191 Street
("Icon Aventura" — CUP2305-0001)
November 7, 2023 Local Planning Agency Meeting Agenda
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the subject Conditional Use request
for land located at 2999 NE 191 Street to facilitate an infill development known as Icon
Aventura.
THE REQUEST
The applicant, Radell, Fernandez, Larkin & Tapanes, on behalf of Aventura 2999, LLC,
is requesting Conditional Use approval pursuant to Section 31-145(b)(3)q of the City's
Land Development Regulations (the "LDRs") to permit a density of 69 dwelling units per
acre for a project that provides residential units as HERO Housing, where the LDRs permit
a maximum density of 25 dwelling units per acre; Conditional Use approval pursuant to
Section 31-145(b)(3)h of the LDRs to allow residential units on ground floor level, where
residential uses in this district are allowed on the second or higher floors; Conditional Use
approval pursuant to Section 31-145(b)(3)i of the LDRs to allow a structured parking that
is not incorporated into the building envelope of a primary use structure; and Conditional
Use approval pursuant to Section 31-145(b)(3)e of the LDRs to permit the proposed
height of 26 stories (3114")where the LDRs allow a maximum height of four stories (50').
The applicant's Letter of Intent is attached as Exhibit #1 to this staff report.
BACKGROUND
OWNER OF PROPERTY: Aventura 2999, LLC
NAME OF APPLICANT Michael J. Marrero, Esq.
Bercow, Radell, Fernandez, Larkin & Tapanes
LOCATION OF PROPERTY 2999 NE 191 Street
See Exhibit #2 for Location Map
SIZE OF PROPERTY 4.285 acres +/-
See Exhibit #3 for Legal Description
The property consists of approximately 4.285 acres of land located on the NE intersection
of NE 29 Avenue and NE 191 Street and south of William Lehman Causeway. The
proposed infill development will add to the site of an existing 121,265 SF office building,
a 295-unit residential tower, and a 10-story parking garage with 12,470 SF of retail on the
ground floor. The parking garage will also provide 10,000 SF of archive space to the City's
Police Department. See Exhibit #4 for project renderings.
The applicant had submitted, concurrently and related to this request, two applications
reviewed by the City Commission. The first application amended the City's
Comprehensive Plan to allow densities up to 70 units per acre in the Town Center land
use category of the Future Land Use Element (City File No. CPA2305-0001). The second
request amended the Land Development Regulations of the City Code of Ordinances to
allow multifamily residential densities with a maximum of 70 dwelling units per acre for
developments providing residential units (15% requirement) to the City's HERO housing
program, subject to conditional use approval (City File No. LDR2305-0001). Both
applications were approved.
An ordinance removing the 15% requirement as a threshold for HERO units and to extend
the HERO Housing program to all Town Center Zoning Districts was approved by the City
Commission on First Reading on October 19, 2023 (City File No. LDR2310-0001). This
Conditional Use approval is to be considered concurrently and contingent upon the
approval on second reading of that ordinance.
ANALYSIS
Future Land Use Designation
Subject Property: Town Center
Property to the North: Business and Office
Property to the South: Town Center
Property to the East: Town Center
Property to the West: Business and Office
2
Zoning
Subject Property: TC1 — Town Center District
Properties to the West: B2, Community Business District
Properties to the East: CF, Community Facility District
Properties to the North: B2, Community Business District
Properties to the South: RMF3, Multi-Family Medium Density Residential
Existing Land Use
Subject property: Office Building
Properties to the North: Shopping Center
Properties to the South: Multi-Family Residential
Properties to the East: Municipal
Properties to the West: Office Building and Hotel
Access — The property is accessible from the intersection of NE 29 Avenue and NE 191
Street.
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 proposed use is consistent with the community character of the immediate
neighborhood. Multi-family residential buildings of medium and high densities can be
seen to the south and eastwards alongside Lehman Causeway. Retail uses are
concentrated to the north and west of the property.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of these
LDRs.
3
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. Measures
include traffic studies, intersection controls and pedestrian connections.
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 the causeway. 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. Execution of a HERO Housing Agreement consistent with the City's adopted HERO
Housing Guidelines allocating 20 residential dwelling units within the proposed
development to the City's HERO Housing program as defined in Section 31-21 of the
City Code is required prior to receiving Administrative Site Plan Approval.
2. Building permit applications must be consistent with drawings as submitted on
October 11, 2023 and listed in the drawing index included as Exhibit #5, unless
otherwise subsequently amended by an administrative site plan approval. The
referenced plans are being reviewed under Administrative Site Plan Approval
regulations, the TC-1 zoning district regulations, and all other applicable regulations
as provided within the City of Aventura Land Development Regulations.
4
3. Prior to receiving permits for any permanent structure, verification of Miami-Dade
County Schools' finding that School Concurrency has been met must be provided and
applicable School Impact Fees must be paid.
4. On-Demand Vehicle: ICON will be responsible to pay $125,000 annually for 10 years
to fund City-provided on-demand vehicle service in Aventura with the first payment
due prior to permit issuance and remaining payments due on the anniversary date of
the first payment.
5. Storage Space: A minimum of 10,000 square feet of dehumidified secured storage
space accessible at all times is to be provided to the City within the garage concurrent
with the Certificate of Occupancy for the building.
6. Non-vehicular Multi-use Path: Applicant shall fund the design and construction of a
non-vehicular multi-use path from ICON to West Country Club Drive within the
southernmost portion of FDOT right-of-way along Lehman Causeway, including the
required barriers from the Lehman Causeway and the Government Center.
7. Tree Preservation: Minimize the number of trees to be removed from the site or find
in-city location for transplants.
8. The artificial plants used in the fagade of parking garage shall be changed at least
every 6 months in order to provide a varying (not stagnant) appearance.
9. A contribution of $1,000,000 to be used by the City to offset the impacts of the
development shall be provided prior to Certificate of Occupancy.
10.The preceding conditions are in addition to and not in lieu of impact fees.
5
EXHIBIT "1"
BERCOW
RADELL
FERNANDEZ May 15, 2023
LARKIN +-
TAPANES
94NKI.LANEmow° VIA ELECTRONIC MAIL
l
200 S.Biscayne Boulevard Mr. Keven Klopp
Suite 300,Miami, FL 33131 Community Development Director
City of Aventura
www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor
Aventura, Florida 33180
305.377.6238 office
305.377.6222 fax Re: Letter of Intent—Zoning Applications for the Property located
mmarreroiPbrconinglaw.com at 2999 NE 191st Street, Aventura, Florida
Dear Mr. Klopp:
Our law firm represents Aventura 2999, LLC ("the
Applicant"), the owner of the properties located 2999 NE 191st
Street (collectively the "Property") in the City of Aventura (the
"City"). This letter shall serve as the Applicant's letter of intent in
connection of the application for Administrative Site Plan approval
for redevelopment of the Property.
Property Description. The Property identified by Miami
Dade County Property Appraiser Folio Nos. 28-1235-004-0091 and
28-2203-021-0020. The Property is approximately 4.285 acres in
size and is designated as Town Center in the City's comprehensive
plan. The zoning on the Property is TC1. Currently, the Property is
developed with an office building with ground floor retail, and
surface parking.
Proposed Development. The Applicant proposes to
redevelop the Property with a 23 story, 295-unit residential project
west of the existing office building. The unit breakdown will
include 255 standard residential units and 40 "Hero Housing" units,
with a mix of efficiencies, as well as one, two- and three-bedroom
units. Additionally,the project will include a 10-story structure with
963 parking spaces and over 12,000 square feet of ground floor
retail space.
Mr. Keven Klopp
Community Development Director
Page 2
Application Requests.The Applicant recognizes that the approval of this site plan will also
require some legislation to be considered and approved by the City, and looks forward to
working with the City on that process while the administrative site plan review is ongoing. The
complete summary of requests is as follows:
• Amendment to the City's Comprehensive Plan to permit up to 70 dwelling units
per acre in the Town Center land use designation.
• Amendment to the City's Land Development Regulations for TC1 to permit up to
70 dwelling units per acre with Conditional Use Approval as follows:
31-145(a)
Purpose. The purpose and intent of these districts is to provide suitable sites for
the development of residential and commercial uses in a well planned and
compatible manner. The uses within these districts shall be consistent with, but
may be more restrictive than, the corresponding Town Center Land Use category
permitted uses. Residential densities shall not exceed 2-5-70 units per gross acre
and nonresidential densities shall not exceed a floor area ratio of 2.0.
Section 31-145(b)(1)
C. Residential uses with ground floor retail or restaurant uses.
Section 31-145(b)(3)
q Residential uses that exceed 25 dwelling units per acre but not to exceed
70 dwelling units per acre, with the provision of "Hero Housing" at an
amount to be approved by the City Commission.
• Conditional Use Approval to obtain additional the requested density of 70 dwelling
units per acre and additional height of 23 stories
• Modification to the approvals Administrative Site Plan Approval
Bercow Radell Fernandez Larkin&Tapanes 305.377.6238 direct 305.377,6222 fax I mmarrero@brzoninglaw com
Mr. Keven Klopp
Community Development Director
Page 3
For all the foregoing reasons, the applicant respectfully requests your department's
favorable review and recommendation of this application. Should you have any questions,
comments, or require additional information, please do not hesitate to phone my direct line at
(305) 377-6238
Sincerely,
�2
Michael J. Marrero
Enclosures
Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com
EXHIBIT "2"
City of Aventura
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EXHIBIT3
LEGAL DESCRIPTION
PARCEL 1:
A PORTION OF TRACT II OF FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 99, AT PAGE 20, OF THE PUBLIC RECORDS OF MIAM I - DADE COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT II: THENCE N87"32'00"E ALONG THE NORTH LINE
OF SAID TRACT II FOR 334.64 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE TO TH E LEFT HAVING A RADIUS OF 5829.58 FEET AND A CENTRAL ANGLE OF 00 " 42'04"
FOR AN ARC DISTANCE OF 71.33 FEET TO A POINT ON THE ARC OF A CURVE TO THE NORTHEAST SAID
POINT BEARS S09"50'42"W FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE TO THE LEFT HAVIN G A RADIUS OF 1290.92 FEET AND A CENTRAL ANGLE OF 09 " 08'59" FOR
AN ARC DISTANCE OF 206. 15 FEET: THENCE N83"59'09" FOR 158.32 FEET TO A POINT; THENCE S02"27'24" FOR
157.27 FEET TO A POINT;THENCE N87"32'36"E FOR 125.00 FEET TO A POINT:THENCE S02" 27'24" FOR 56.00 FEET
TO A POINT ON THE SOUTH LINE OF SAID TRACT II ; THENCE S87"32'36"W ALONG THE SOUTH LINE OF SAID
TRACT II FOR 22 0.73 FEET; THENCE S87"32'36"W ALONG THE SOUTH LINE OF SAID TRACT II FOR 670.25
FEET TO THE SOUTHWEST CORNER OF SAID TRACT II; THENCE NO2"58'20"W ALONG THE WEST LINE OF SAID
TRACT II FOR 229.93 FEET TO THE POINT OF BEGINNING; LESS THE SOUTH 35 FEET OF THE WEST 70 FEET OF SAID
TRACT II CONVEYED TO MIAMI-DADE COUNTY FOR HIGHWAY RIGHT-OF-WAY,
TOGETHER WITH THE BENEFIT OF THE FOLLOWING:
EASEMENT FOR THE INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND/OR REPLACEMENT OF (A) SUB-
SURFACE PIPES, LINES AND CONDUITS TO PROVIDE REASONABLE QUANTITIES OF WATER, ELECTRICITY, GAS,
TELEPHONE SERVICE, STORM WATER, DRAINAGE, SEWERAGE AND SANITATION FACILITIES,AND (B) A SURFACE
STORM DRAINAGE TO CARRY AWAY STORM DRAINAGE CREATED BY THAT CERTAIN NOW EXCLUSIVE MUTUAL
GRANT OF EASEMENT AND SANITARY LIFT STATION AGREEMENT FILED DECEMBER 24, 1984 AT OFFICIAL
RECORDS BOOK 12363, PAGE 1680, AS EXTEN DED AND MODIFIED BY THAT CERTAIN NOW EXCLUSIVE GRANT
OF EASEMENT AND SANITARY LIFT STATION AGREEMENT FILED FEBRUARY 28, 1986 IN OFFICIAL RECORDS BOOK
12805, PAGE 2214,SUBJECT TO THE TERMS AND PROVISIONS THEREOF.
PARCEL 2:
A PARCEL OF LAND IN SECTION 3,TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE RIGHT-OF-WAY OF STATE ROAD 852 AS RECORDED IN
OFFICIAL RECORDS BOOK 7001, AT PAGE 72 1, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA;
THENCE N87"32'00" E, 115.00 FEET TO THE POINT OF BEGINNING;THENCE NO2 " 28'00" W, 10 1.51 FEET TO AN
INTERSECTION WITH A NOW TANGENTIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A TANGENT
BEARING OF S66"27't6" E AND A RADIUS OF 1290.92 FEET; THENCE SOUTHEASTERLY FOR 308.64 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 13°41'55"' TO AN INTERSECTION WITH A NON-TANGENTIAL
CURVE, CONCAVE TO THE NORTH, HAVING A TANGENT BEARING OF S86"50'00" WAND A RADIUS OF 5829.58
FEET; THENCE WESTERLY FOR 71.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 "42'00";
THENCE S87"32'00"W,219.64 FEET TO THE POINT OF BEGINNING
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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(B) OF THE CITY CODE OF
ORDINANCES; (1) TO ALLOW A DENSITY OF 69 DWELLING UNITS PER
ACRE FOR A PROJECT THAT PROVIDES RESIDENTIAL UNITS AS
HERO HOUSING WHERE THE CITY CODE ALLOWS UP TO 25
DWELLING UNITS PER ACRE; (2) TO ALLOW RESIDENTIAL UNITS ON
THE GROUND FLOOR LEVEL WHERE RESIDENTIAL USES ARE
ALLOWED ONLY ON THE SECOND OR HIGHER FLOORS; (3) TO
ALLOW STRUCTURED PARKING THAT IS NOT INCORPORATED INTO
THE BUILDING ENVELOPE OF A PRIMARY USE STRUCTURE; AND (4)
TO ALLOW A BUILDING HEIGHT OF 26 STORIES (311'4") WHERE THE
CITY CODE ALLOWS 4 STORIES (50'); FOR THE PROPERTY LOCATED
AT 2999 NE 191 STREET; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 31, "Land Development Regulation", Article VII,
Use Regulation, Section 31-145(b) "Town Center (TC1) District" of the City Code of
Ordinances, Bercow, Radell, Fernandez & Tapanes (the "Applicant") on behalf of
Aventura 2999 LLC, has applied to the City of Aventura (the "City") for Conditional Use
approval (Application No. CUP 2305-0001) related to the development of a mixed use
project (the "Development") located at 2999 NE 191 Street, in the TC1 District, as legally
described in Exhibit "A" (the "Property"); and
WHEREAS, pursuant to City Code Section 31-145(b)(3)q, the Applicant has
requested Conditional Use Approval to permit a density of 69 dwelling units per acre for
the Property which will provide residential units as HERO Housing, where the City Code
permits 25 units per acre; and
WHEREAS, pursuant to City Code Section 31-145(b)(3)h, the Applicant has
requested Conditional Use Approval to permit residential units on ground floor level,
where residential uses in this district are allowed on the second or higher floors; and
WHEREAS, pursuant to City Code Section 31-145(b)(3)i, the Applicant has
requested Conditional Use Approval to permit structured parking that is not incorporated
into the building envelope of a primary use structure; and
WHEREAS, pursuant to City Code Section 31-145(b)(3)e, the Applicant has
requested Conditional Use Approval to permit a height of 26 stories (3114") where the
City Code permits four stories (50'); 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 a density of 69
dwelling units per acre for a project that will provide residential units as HERO Housing,
where the City Code permits 25; (2) to permit residential units on the ground floor level,
where residential uses in this district are allowed on the second or higher floors, (3) to
permit structured parking that is not incorporated into the building envelope of a primary
use structure; and (4)to permit a height of 26 stories (3114")where the City Code permits
four (50') for the Property, is hereby granted, subject to the conditions set out in Section
3 of this Resolution.
Section 3. Approval of the Conditional Use Application above is subject to the
following conditions-
1. Execution of a HERO Housing Agreement consistent with the City's adopted HERO
Housing Guidelines allocating 20 residential dwelling units within the proposed
development to the City's HERO Housing program as defined in Section 31-21 of the
City Code is required prior to receiving Administrative Site Plan Approval.
2. Building permit applications must be consistent with drawings as submitted on
October 11, 2023 and listed in the drawing index included as 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-1 zoning district regulations, and all other applicable regulations
as provided within the City of Aventura Land Development Regulations.
3. Prior to receiving permits for any permanent structure, verification of Miami-Dade
County Schools' finding that School Concurrency has been met must be provided and
applicable School Impact Fees must be paid.
4. On-Demand Vehicle: ICON will be responsible to pay $125,000 annually for 10 years
to fund City-provided on-demand vehicle service in Aventura with the first payment
Page 2 of 4
City of Aventura Resolution No. 2023-
due prior to permit issuance and remaining payments due on the anniversary date of
the first payment.
5. Storage Space: A minimum of 10,000 square feet of dehumidified secured storage
space accessible at all times is to be provided to the City within the garage concurrent
with the Certificate of Occupancy for the building.
6. Non-vehicular Multi-use Path: Applicant shall fund the design and construction of a
non-vehicular multi-use path from ICON to West Country Club Drive within the
southernmost portion of FDOT right-of-way along Lehman Causeway, including the
required barriers from the Lehman Causeway and the Aventura Government Center.
7. Tree Preservation: Minimize the number of trees to be removed from the site or find
in-city location for transplants.
8. The artificial plants used in the facade of the parking garage shall be changed at least
every 6 months in order to provide a varying (not stagnant) appearance.
9. A contribution of $1,000,000 to be used by the City to offset the impacts of the
development shall be provided prior to the Certificate of Occupancy.
10.The preceding conditions are in addition to and not in lieu of 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.
Page 3 of 4
City of Aventura Resolution No. 2023-
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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 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 November, 2023.
CITY CLERK
Page 4 of 4
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL I:
A PORTION OF TRACT II OF FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 99, AT PAGE 20, OF THE PUBLIC RECORDS OF MIAM I - DADE COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT II: THENCE N87"32'00"E ALONG THE NORTH LINE
OF SAID TRACT II FOR 334.64 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE TO TH E LEFT HAVING A RADIUS OF 5829.58 FEET AND A CENTRAL ANGLE OF 00 " 42' 04"
FOR AN ARC DISTANCE OF 71.33 FEET TO A POINT ON THE ARC OF A CURVE TO THE NORTHEAST SAID
POINT BEARS S09"50'42"W FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE TO THE LEFT HAVIN G A RADIUS OF 1290.92 FEET AND A CENTRAL ANGLE OF 091, 08'59" FOR
AN ARC DISTANCE OF 206. 15 FEET: THENCE N83"59'09" FOR 158.32 FEET TO A POINT; THENCE S02"27'24" FOR
157.27 FEET TO A POINT;THENCE N87"32'36"E FOR 125.00 FEET TO A POINT:THENCE S02" 27'24" FOR 56.00 FEET
TO A POINT ON THE SOUTH LINE OF SAID TRACT II ; THENCE S87"32'36"W ALONG THE SOUTH LINE OF SAID
TRACT II FOR 22 0.73 FEET; THENCE S87"32'36"W ALONG THE SOUTH LINE OF SAID TRACT II FOR 670.25
FEET TO THE SOUTHWEST CORNER OF SAID TRACT II; THENCE NO2"58'20"W ALONG THE WEST LINE OF SAID
TRACT II FOR 229.93 FEET TO THE POINT OF BEGINNING; LESS THE SOUTH 35 FEET OF THE WEST 70 FEET OF SAID
TRACT II CONVEYED TO MIAMI-DADE COUNTY FOR HIGHWAY RIGHT-OF-WAY,
TOGETHER WITH THE BENEFIT OF THE FOLLOWING:
EASEMENT FOR THE INSTALLA TION, OPERATION, MAINTENANCE, REPAIR AND/OR REPLACEMENT OF (A) SUB-
SURFACE PIPES, LINES AND CONDUITS TO PROVIDE REASONABLE QUANTITIES OF WATER, ELECTRICITY, GAS,
TELEPHONE SERVICE, STORM WATER, DRAINAGE, SEWERAGE AND SANITATION FACILITIES,AND (B) A SURFACE
STORM DRAINAGE TO CARRY AWAY STORM DRAINAGE CREATED BY THAT CERTAIN NON-EXCLUSIVE MUTUAL
GRANT OF EASEMENT AND SANITARY LIFT STATION AGREEMENT FILED DECEMBER 24, 1984 AT OFFICIAL
RECORDS BOOK 12363, PAGE 1680, AS EXTEN DED AND MODIFIED BY THAT CERTAIN NON- EXCLUSIVE GRANT
OF EASEMENT AND SANITARY LIFT STATION AGREEMENT FILED FEBRUARY 28, 1986 IN OFFICIAL RECORDS BOOK
12805, PAGE 2214,SUBJECT TO THE TERMS AND PROVISIONS THEREOF.
PARCEL 2:
A PARCEL OF LAND IN SECTION 3,TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE RIGHT-OF-WAY OF STATE ROAD 852 AS RECORDED IN
OFFICIAL RECORDS BOOK 7001, AT PAGE 72 1, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA;
THENCE N87"32'00" E, 115.00 FEET TO THE POINT OF BEGINNING;THENCE NO2 " 28'00" W, 10 1.51 FEET TO AN
INTERSECTION WITH A NON- TANGENTIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A TANGENT
BEARING OF S66"27't6" E AND A RADIUS OF 1290.92 FEET; THENCE SOUTHEASTERLY FOR 308.64 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 13°41'55"' TO AN INTERSECTION WITH A NON-TANGENTIAL
CURVE, CONCAVE TO THE NORTH, HAVING A TANGENT BEARING OF S86"50'00" WANDA RADIUS OF 5829.58
FEET; THENCE WESTERLY FOR 71.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 "42' 00";
THENCE S87"32'00"W,219.64 FEET TO THE POINT OF BEGINNING
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CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson "' �ager
BY: Keven R. Klopp
Community Development Director
DATE: November 3, 2023
SUBJECT: Request for Variance from Section 31-171(b)(3) of the City's Land
Development Regulations (LDR's) to Permit 308 Parking Spaces
Where 345 are Required and Allowing for the Removal of Three (3)
Parking Spaces to Accommodate a Gated Entry on 3605 NE 207 Street
(the "Property") (VAR2309-0001)
November 7, 2023 Local Planning Agency Meeting Agenda
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the request to permit 308 parking
spaces where 345 are required and allow the removal of three (3) parking spaces to
accommodate a gated entry on the Property.
THE REQUEST
The applicant, Air Waterways Village, LLC, is requesting a variance from Section 31-
171(b)(3) of the LDR's to permit 308 parking spaces where 345 are required and allow
the removal of three parking spaces to allow the construction of a gated entry (See Exhibit
#1 for Letter of Intent).
BACKGROUND
OWNER OF PROPERTY Air Waterways Village, LLC
APPLICANT Air Waterways Village, LLC
ADDRESS OF PROPERTY 3605 NE 207 Street (See Exhibit#2 for
Location Map).
SIZE OF PROPERTY Approximately 6.04 acres
LEGAL DESCRIPTION Tracts H-1 and V of The Waterways Section 6 -
First Addition, according to the plat thereof, as
recorded in Plat Book 138, At Page 64, of the
Public Records of Miami-Dade County, Florida,
As One. See Exhibit #3 for Legal Description.
Zoning —
Subject Property RMF3 — Multi-Family Med. Density Residential
ROS — Recreation Open Space
Properties to the North RMF4 - Multi-Family High Density Residential
Properties to the South ROS — Recreation Open Space
Properties to the East RMF3 - Multi-Family Med. Density Residential
Properties to the West B2 - Community Business
ROS — Recreation Open Space
Existing Land Use —
Subject Property Multi-Family Residential
Properties to the North Preservation
Properties to the South Preservation
Properties to the East Single-Family Residential
Properties to the West Retail
Future Land Use —
Subject Property Medium Density Residential
Properties to the North Water
Properties to the South Water
Properties to the East Medium Density Residential
Properties to the West Business and Office
The Site —The subject site is a 6.04 acre parcel adjacent to the Island Way single family
residential subdivision to the East; Waterways Shoppes to the West; submerged lands to
the North; and 207t" Street to the South.
The Project — The applicant has applied for administrative approval of a guard house
and controlled entry under City File No. EF2202-0001. This application was reviewed by
the City's engineering consultant and was deemed compliant with the specifications and
stacking space requirements of Section 31-171 (e) of the City's Land Development
2
Regulations (the "LDRs"). However, in order to accommodate the new gated entry, three
(3) parking spaces need to be removed.
The Property - The property consists of four multifamily buildings accommodating 180
residential units of one, two and three bedrooms and 311 parking spaces (See Exhibit#4
for the Property's survey). This property was built in the year 1991, before the City's
incorporation. Upon the City's adoption of new parking requirements, the Property
immediately became legally non-conforming as the Property contains 311 parking spaces
where 335 parking spaces are required under the new zoning code.
ANALYSIS
Consistency with Comprehensive Master Plan — The request is consistent with the
City of Aventura Comprehensive Plan. This property is located within a Medium Density
Residential land use designation.
Citizen Comments — Notices were mailed and the property was posted as required by
City Code. The Community Development Department has received no written citizen
comments to date.
Community Development Department Analysis—The Property is located in the RMF3,
Multifamily Medium Density Residential district. Low rise multifamily apartments up to 25
dwelling units per acre are allowed in the district. The Property has a density of 30
dwelling unite per acre, consistent with the regulations preceding the City's incorporation
and with the legal non-conformity of the development.
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City' s
Land Development Regulation state:
Standards of review. A variance shall be granted only where competent and substantial
evidence presented in the particular case shows that all of the following are met-
(1) The particular physical surroundings, shape, topographical condition, or
other physical or environmental condition of the specific property involved
would result in a particular hardship upon the owner, as distinguished from
a mere inconvenience, if the regulations were carried out literally.
The applicant advises that a strict application of the City's parking requirements would
result in particular hardship to the Owner as the Property was constructed prior to the
City's adoption of its existing parking regulations. The Property contains no square
footage for the placement of additional parking spaces.
3
(2) The conditions upon which the request for a variance is based are unique
to the parcel and would not be generally applicable to other property within
the vicinity.
The existing legal non-conformity is unique to the Property as the Property was
constructed prior to the City's incorporation in 1995 and adoption of its parking
requirements in 1999. Currently, the Property does not provide entry gates, which is a
common feature found in numerous neighborhoods in the City, including the two (2) gated
communities directly abutting the Property to the east.
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The hardship is not economic and has not been deliberately created. The Owner seeks
to improve the safety and security of its residents by constructing a guard house and
controlled entry system.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare. In fact, the
Project prioritizes the safety and security of the residents.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety,
or substantially diminish or impair property values within the vicinity.
The granting of the variance will not substantially increase congestion along NE 207
Street, or increase the danger of fire, endanger public safety, or substantially diminish or
impair property values within the vicinity. Pursuant to the Entry Gate Analysis, dated June
24, 2022, and submitted in connection with City File No. EF2202-0001, all anticipated
queues are expected to be accommodated on the Property and not on NE 207 Street.
Thus, the Project will not result in increased queuing on NE 207 Street. Further, the
Project will improve public safety by providing for more security at the Property. The
Project will not diminish or impact property values as properties with enhanced security
tend to maintain their values as they have added security.
It is recommended that the request for variances be granted subject to the following
conditions:
CONDITIONS
Plans shall substantially comply with those submitted as follows:
■ "Waterways Village Entry Gate Improvements" Sheets C100.0, C200.0; C201.0 &
C300.0 Prepared by Kimley Horn; signed and sealed on 07/21/2022.
4
EXHIBIT#1
Ethan B.Wasserman,Esq.
(305)579-0784
wassermane ftflaw.com
September 12,2023
VIA ELECTRONIC DELIVERY
Mr. Keven Klopp
Community Development Director
City of Aventura
19200 W Country Club Drive
Aventura,FL 33180
Re: Letter of Intent for Parking Variance for Waterways Village 3605 NE 207 Street,
Folio No.: 28-1235-054-0020 (the "Property")
Dear Mr. Klopp:
We represent AIR Waterways Village, LLC (the "Owner"), in connection with certain
land use and zoning matters relating to the Property. The Property is located at 3605 NW 207
Street, just east of the Waterways Shoppes, and is zoned Multi-Family Medium Density
Residential (RMF3). See Figure 1, below. We respectfully submit this Letter of Intent requesting
a variance from the City of Aventura (the "City") parking requirements in connection with the
development of a security guard house at the entrance of the Property (the "Application").
e
Figure 1
The Property, known as Waterways Village, is a waterfront community located adjacent to
Loggerhead Marina and contains 180 multi-family units and 311 parking spaces. Waterways Village
was built in 1991,under the jurisdiction of Miami-Dade County, and four(4)years prior to the City's
incorporation. In 1995,the City incorporated, and in 1999 the City adopted its multifamily parking
requirements for zoning purposes. Upon the City's adoption of new parking requirements, the
Property immediately became legally non-conforming as the Property contains 311 parking spaces
where 335 parking spaces are required. The Property has existed and operated in this way for over
ACTIVE 506942060
thirty (30)years. As a result, the Owner has vested rights,pursuant to Section 31-3, City Code, as
it pertains to parking.
In 2022, the Owner filed an Administrative Guard House Approval and Controlled Entry
Application for the approval of a new guard house and controlled entry system at the Property(the
"Project"). See City File No. EF2202-0001. Currently, the Property has no existing guard gate,
and the new guard house and controlled entry system will allow for better security and operational
control of the Property. Given the as-built site constraints,the Project requires the removal of three
(3) parking spaces, which will allow for more efficient and proper vehicle maneuverability and
access. As a result, the Owner respectfully requests a variance from the City Code to allow for a
reduction in three (3) parking spaces. Please note, in the immediate area, most similarly situated
residential communities contain a type of security guard structure for the protection of residents.
Pursuant to Section 31-76, City Code, the Owner may apply for limited relief from the
requirements of the City's Land Development Regulations where strict application of those
requirements will create a practical difficulty or unnecessary hardship. Specifically, the Owner
must demonstrate the following:
(1) The particular physical surroundings, shape, topographical condition, or other physical
or environmental condition of the specific property involved would result in a particular
hardship upon the owner, as distinguished from a mere inconvenience, if the regulations
were carried out literally.
A strict application of the City's parking requirements would result in particular
hardship to the Owner as the Property was constructed prior to the City's adoption of its
existing parking regulations.A strict application of the City's parking requirements would
require the Owner to construct an additional eighteen (18)parking spaces on the Property.
As stated above, the Property was constructed in 1991 with 180 multi-family units. The
Property contains no square footage for the placement of eighteen (18) additional parking
spaces. The existing conditions of the Property are not a result of the Owner as the Owner
purchased the Property in 2016. Furthermore, this is safety feature enjoyed by similarly
situated properties, and should be allowed for similar safety measures.
(2) The conditions upon which the request for a variance is based are unique to the parcel
and would not be generally applicable to other property within the vicinity.
The existing legal non-conformity is unique to the Property as the Property was
constructed prior to the City's incorporation in 1995 and adoption of its parking
requirements in 1999. Currently, the Property does not provide entry gates, which is a
common feature found in numerous neighborhoods in the City,including the two (2) gated
communities directly abutting the Property to the east.
(3) The alleged difficulty or hardship is not economic and has not been deliberately created
to establish a use or structure which is not otherwise consistent with the LDR.
The hardship is not economic and has not been deliberately created. The Owner purchased
the Property in 2016, with the existing legal non-conformity in place. The Owner seeks to
ACTIVE 506942060
improve the safety and security of its residents by constructing a guard house and
controlled entry system.
(4) The granting of the variance will not be detrimental to the public welfare or injurious to
other property or improvements in the vicinity.
The Application and Project will not be detrimental to the public welfare or injurious to
other property or improvements in the vicinity. The Application and Project prioritizes the
safety and security of the residents. The Applicant's traffic engineer has confirmed that
the Project will not create a negative impact on traffic queuing along NE 207 Street.
(5) The proposed variance will not substantially increase the congestion in the public streets,
or increase the danger offire, or endanger the public safety, or substantially diminish or
impair property values within the vicinity.
The Application will not substantially increase congestion along NE 207 Street, or increase
the danger of fire, endanger public safety, or substantially diminish or impair property
values within the vicinity. Pursuant to the Entry Gate Analysis, dated June 24, 2022, and
submitted in connection with City File No. EF2202-0001, all anticipated queues are expected
to be accommodated on the Property and not on NE 207 Street. Thus, the Project will not
result in increased queuing on NE 207 Street. Further,the Project will improve public safety
by providing for more security at the Property. The Project will not diminish or impact
property values as properties with enhanced security tend to maintain their values as they
have added security.
Based on the foregoing, we look forward to your Department's favorable consideration of
the Application. As always, should you have any questions or require additional information,
please do not hesitate to contact me at(305) 579-0784.
Sincerely,
GREENBERG TRAURIG
Ethan B. Wasserman, Esq.
ACTIVE 506942060
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County, Florida.
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PRIVATE CANAL
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-
171(B)(3) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PERMIT 308 PARKING SPACES WHERE 345 ARE REQUIRED AND
ALLOWING FOR THE REMOVAL OF THREE (3) PARKING SPACES
FOR THE EXISTING DEVELOPMENT LOCATED AT 3605 NE 207
STREET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the property, legally described in Exhibit "A", is zoned RMF3,
Multifamily Medium Density Residential District; and
WHEREAS, the applicant, AIR Waterways Village, LLC, through Application No.
VAR2309-0001("Application"), is requesting a variance from Section 31-171(b)(3) of the
City Code to permit the removal of three (3) parking spaces to accommodate a new gated
entry; and
WHEREAS, the Property is legal non-conforming with 311 parking spaces where
345 are required by Code; and
WHEREAS, removing three (3) parking spaces will intensify the Property's non-
conforming status; and
WHEREAS, following proper notice, the City Commission held a public hearing as
provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Variance from Section 31-171(b)(3) of the City Code to
permit 308 parking spaces where 345 are required and allowing for the removal of three
(3) parking spaces to accommodate a new gated entry, at the Property legally described
in Exhibit "A", is hereby granted exclusively to the applicant, subject to the following
conditions:
1. Plans submitted for building permit shall substantially comply with those
submitted as follows:
■ Waterways Village Entry Gate Improvements" Sheets C100.0, C200.0;
C201.0 & C300.0 Prepared by Kimley Horn; signed and sealed on
07/21/2022.
City of Aventura Resolution No. 2023-
2. Building permits shall be obtained within 12 months of the date of this
Resolution, failing which this approval shall be deemed null and void. The City
Commission may, upon written request for such extension by the applicant within the
initial 12-month approval period, grant one extension of up to six months by resolution or
motion at a regular meeting, for good cause shown by the applicant.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. Issuance of this development order by the City of Aventura does not in
any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. All applicable state and federal permits must be
obtained before commencement of the development. This condition is included pursuant
to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
Page 2 of 4
City of Aventura Resolution No. 2023-
HOWARD S. WEINBERG, ESQ.
ATTEST: MAYOR
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 4
City of Aventura Resolution No. 2023-
EXHIBIT "A"
Legal Description
All of THE WATERWAYS SECTION 6 —FIRST ADDITION, according to the Plat thereof as
recorded in Plat Book 138, Page 64, of the Public Records of Miami Dade County, Florida.
Page 4 of 4
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson _
City Manager
BY: Keven Klopp 9
Community Development Director
DATE: November 3, 2023
SUBJECT: Request for Conditional Use Approval for a Commercial Development
Proposed at 21280-21288 Biscayne Boulevard (the "Property")
(File No. CUP2310-0001)
November 7, 2023 Local Planning Agency Meeting Agenda
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the Conditional Use request to
facilitate the commercial redevelopment of the property known as Public Storage
Aventura.
THE REQUEST
The applicant, Brian S Adler of Bilzin Sumberg, on behalf of PS Aventura Biscayne 2013
LLC and Public Storage Properties VI Inc. (collectively "Public Storage"), is requesting
Conditional Use approval pursuant to Section 31-144(f)(2)j of the City Code to permit a
self-storage facility on the Property; and Conditional Use approval pursuant to Section
31-144(f)(2)1 to permit a floor area ratio (FAR) of 1.88 for the development of a building
that attains LEED Gold or Platinum certification. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY Public Storage Properties VI Inc.
PS Aventura Biscayne 2013 LLC
APPLICANT Public Storage Properties VI Inc.
PS Aventura Biscayne 2013 LLC
ADDRESS OF PROPERTY 21280 Biscayne Boulevard
21288 Biscayne Boulevard (See Exhibit #2 for
Location Map).
SIZE OF PROPERTY Approximately 6.16 acres
LEGAL DESCRIPTION That part of lots 3 and 4, block 3, lying westerly
of the westerly right of way line of federal
highway, also known as state road no. 4 and us
no. 1, as said lots and block are shown on map
of Hallandale; recorded in Plat Book B, at Page
13, of the Public Records of Miami-Dade
County, Florida.
AND
Map of Hallandale Plat Book B, at Page 13
N240.04ft of S513.03ft of Lots 3 & 4 W of Fed
Hwy Less W25ft for RW Blk 3
(See Exhibit#3 for complete Legal Description).
Zoning —
Subject Property MO — Medical Office District
Properties to the North MO — Medical Office District
B2 — Community Business District
Properties to the South MO — Medical Office District
Properties to the East B2 — Community Business District
Properties to the West MO — Medical Office District
Existing Land Use —
Subject Property Warehouse or Storage
Properties to the North Mixed-Use Development
Properties to the South Medical Offices
Properties to the East Retail
Properties to the West Medical Offices
Future Land Use —
Subject Property Business and Office
Properties to the North Business and Office
Properties to the South Business and Office
Properties to the East Business and Office
Properties to the West Business and Office
The Site — The existing site consists of two parcels of approximately 6.16 acres. These
parcels are situated with frontage on Biscayne Boulevard to the east, 1212 Aventura to
the north and Aventura Hospital to the south. To the west, the northern parcel borders the
2
upcoming Aventura Eco Offices, and the southern parcel faces NE 28th Ave. The
northern parcel, covering approximately 1.61 acres, presently accommodates a two-story
self-storage facility built in 1992. This facility is characterized by ground floor roll-up
garage doors lining the building. The southern parcel, spanning around 4.55 acres,
features a four-story building facing Biscayne Boulevard, which was redevelop in 2014
with a more contemporary style of storage facility. On the west side of the parcel, facing
NE 28 Avenue, there are five buildings constructed in 1981 with additional ground floor
storage facilities.
The Project - Public Storage aims to enhance the Property by demolishing the current
traditional style facilities and replacing them with two five-story structures to complement
the existing four-story building constructed in 2014 and approved under Resolution 2013-
13. The applicant has requested conditional use approval pursuant to Section 31-
144(f)(2)j to permit self-storage facilities on the Property and conditional use approval
pursuant to Section 31-144(f)(2)I of the Land Development Regulations (the "LDRs") to
permit a floor area ratio (FAR) of 1.88 for a LEED certified building.
The Administrative Site Plan Approval Application No. SP2310-0001 is currently under
review by City staff. Concurrently with this request, the applicant is seeking approval for
variances, via application No. VAR2310-0001, to allow 60 parking spaces where 103
parking spaces are required by the LDRs and to permit 28% of landscaped open space
where a minimum of 33% landscaped open space is required.
ANALYSIS
Consistency with Comprehensive Master Plan — The request is consistent with the
City of Aventura Comprehensive Plan. This property is located within a Business and
Office land use designation.
Citizen Comments — Notices were mailed and the property was posted as required by
City Code. The Community Development Department has received no written citizen
comments to date.
Community Development Department Analysis-The Property is located in the Medical
Office district. Self-storage facilities are allowed in properties with a minimum lot size of
1.5 acres under Conditional Use approval. The property meets the lot size requirements
for the use.
Criteria
According to Section 31-73(c) of the City Code, a conditional use approval application is
evaluated using the following criteria:
1. The proposed use shall be consistent with the Comprehensive Plan.
3
The request is consistent with the City of Aventura Comprehensive Plan. The future land
use designation for this parcel is Business and Office. This category accommodates the
full range of sales and service activities.
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance and operation of the proposed use will not be
detrimental to or endanger the public health, safety or general welfare. The proposed use
is an expansion of an existing operation. As one of the lowest traffic generators, the
proposed use is anticipated to have minimal impact on the neighboring community and
produces far less traffic than other potential uses permitted on the Property.
3. The proposed use shall be consistent with the community character of the immediate
neighborhood of the proposed use.
The redevelopment of the site is maintaining the existing self-storage use.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of these
LDR's.
Utilities, roadway capacity, drainage and other necessary public facilities, including police,
fire and emergency services exist at the City's adopted levels of service or will be
available concurrent with demand as provided for in the City's Land Development
Regulations.
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.
The proposed plan includes entrances with long throats along Biscayne Boulevard to
accommodate vehicles to minimize traffic congestion. Additionally, the self-storage
component, as one of the lower traffic generators, the use should not generate significant
traffic.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The use itself is already existing on site, and the properties to the south and west are
developed, and the properties to the northeast and northwest are under construction, thus
there are no abutting properties that are either undeveloped or not under construction.
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.
4
The Property is being developed at 5 stories, which is lower than the abutting properties
to the north and south. The western portion of the southern property is abutting the 5-
story parking garage. Green Building design elements and landscape enhancements will
minimize adverse effects on the environment.
CONDITIONS OF APPROVAL
Based on the Analysis above, the application is found to meet the criteria for approval of
conditional uses in Section 31-73(c). Staff therefore recommends approval with the
conditions contained in this staff report.
1. Plans submitted for building permit shall substantially comply with those submitted
to the Community Development Department and approved under ASPA
application No. SP2310-0001.
2. Building permits shall be obtained within 12 months of the date of this Resolution,
failing which this approval shall be deemed null and void. The City Commission
may, by resolution or motion at a regular meeting, grant one extension of up to six
months for good cause shown by the applicant and upon written request for such
extension by the applicant within the initial 12-month approval period.
3. Prior to issuance of a building permit by the City for the proposed development,
the applicant shall-
(i) enter into and record in the Public Records of Miami-Dade County, at its
expense, and in form satisfactory to the City Manager and City Attorney, the
Agreement and Covenant in fulfillment of all requirements of the City's Green
Building Program; and
(ii) provide to the City a performance bond or other security approved by the City
Manager and City Attorney in the amount of 5% of building construction costs
as approved by the City's Building Official to guarantee attainment of LEEDO
Gold certification by the US Green Building Council.
4. Property covenant will be required before site plan approval.
5. Landscape plans shall reflect the following requirements:
a. Proposed landscape fronting Biscayne Boulevard shall be creatively designed
to connect with the sidewalk and provide shading to the benefit of the residents.
b. Specimen trees shall be preserved whenever possible and to mitigate canopy
loss on site.
c. The right-of-way along NE 28th Avenue shall be improved with sidewalk and
standard landscaping.
6. Prior to the issuance of permits, Public Storage shall present evidence of having
engaged the utilities with overhead wires adjacent to the property as necessary to
initiate design and construction to place those utilities underground. Prior to the
issuance of a certificate of occupancy for any new building on site, all adjacent
overhead utility wires shall have been placed underground. The City will not,
5
however, unreasonably withhold certificates of occupancy in the event that the
utility work required by this condition is not complete solely due to utility delays
despite the timely best efforts and financial commitment of Public Storage to have
the required undergrounding completed.
7. Prior to the issuance of permits, Public Storage shall provide any necessary
easement to accommodate the installation of a bus shelter at the existing bus stop
along Biscayne Blvd. in front of the Public Storage properties. Subsequent to the
issuance of permits, the City will obtain permits and install the shelter. Prior to the
issuance of a certificate of occupancy, Public Storage shall reimburse the City for
its expenses related to the permitting and installation of the shelter up to but not
exceeding $50,000. In the event that the shelter has been started but not
completed prior to Public Storage being ready for a C.O., Public Storage shall
provide the City a letter of credit in the amount of $50,000 which may be drawn
against pursuant to this resolution.
DISCLAIMER AND CONDITION
Issuance of this development order by the City of Aventura does not in any way create
any right on the part of an applicant to obtain a permit from a state or federal agency and
does not create any liability on the part of the City of Aventura for issuance of the
development order if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. All applicable state and federal permits must be obtained
before commencement of the development. This condition is included pursuant to Section
166.033, Florida Statutes, as amended.
6
DocuSign Envelope ID: DB2B58D6-62CC-46D2-B8E2-E22D3C200989
Bilzin S er
Brian S.Adler
EXHIBIT#1 :w 305-350-2351
Fax 305-351-2206
badler@bilzin.com
October 5, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Public Storage Letter of Intent
Application for Conditional Use Approval and Variances
21280-21288 Biscayne Boulevard, Aventura, FL
Folio No. 28-1234-001-0190 and-0200 (collectively, the "Property")
Dear Mr. Klopp:
Letter of Intent
This firm represents PS Aventura Biscayne 2013 LLC and Public Storage
Properties VI Inc. as the owners of the above Property (collectively, "Owner" or "Public
Storage"). Please consider this our formal Letter of Intent in connection with applications
for Conditional Use Approval and Variances related to the proposed redevelopment and
modified development of the Property.
A. The Property
The Property consists of approximately 6.16 +/- acres located west of Biscayne
Boulevard between theoretical NE 212t" Street and NE 213t" Street, north of the HCA
Florida Aventura Hospital and south of the development currently under construction to
the north. The property consists of two folio numbers, the northern parcel which extends
mid-block to the west, and the southern parcel with extends west from Biscayne
Boulevard to NE 28t" Avenue.
The Property is designated Business and Office on the City of Aventura Future
Land Use Plan Map ("FLUM"), and is zoned MO, Medical Office District, under the City of
Aventura Zoning Map.
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DocuSign Envelope ID: DB2B58D6-62CC-46D2-B8E2-E22D3C200989
Mr.Kevin Klopp
October 5, 2023
Page 2 C> i i Sumberg
B. The Property History
The Property is owned by Public Storage, and both portions of the Property house
self-storage facilities. Both developments were initially constructed while the properties
were under the jurisdiction of Miami-Dade County. The northern portion of the property
was developed in 1992 and the southern portion was initially developed in 1981. Both
properties were developed with the more traditional style of self-storage facilities typical
at the time, which were characterized by ground floor roll up garage-style doors lining the
buildings.
Over time, self-storage facilities have been modernized, internalizing the majority
of the units and better blending into the surrounding area. In 2014, the front portion of
the southern portion of the Property was redeveloped along the Biscayne Boulevard
frontage with a more modern four-story storage featuring a glass frontage and parapets
and more reminiscent of the more modern type of storage facilities. However, the western
portion of the Property and the northern portion of the Property remain with the historic
roll-up gate style facilities.
Public Storage owns the Property and is seeking to upgrade and modernize the
remainder of the Property, consistent with the 2014 redevelopment along Biscayne
Boulevard. Specifically, Public Storage is seeking to maintain the newer southern building
fronting on Biscayne Boulevard, but to demolish the existing roll-up gate facilities at the
western side of the southern portion of the Property and the northern portion of the
Property with a more modern structure that would blend with the surrounding area. As
Public Storage is the owner of both properties, rather than meeting current and future
demand by acquiring additional properties in the area to establish new self-storage
facilities, Public Storage is seeking to upgrade its existing facility to expand its capacity
on the existing Property with the proposed modern facilities that will not only serve the
surrounding community but will remain as one of the lowest traffic generators of any use
while providing a benefit for the community without corresponding traffic.
C. Proposed Development
Attached for your review is the proposed site plan for the upgraded Public Storage
facilities proposed on the Property. The proposed redeveloped site would eliminate the
roll-up door facilities and replace them with five-story self-storage facilities, less than half
the number of stories permitted as of right in the Medical Office District. The current
northern building currently provides minimal landscaping along Biscayne Boulevard. The
proposed new northern building is set further back from Biscayne Boulevard than the
existing facility and defines the street with a landscape buffer rather than the current
narrow landscape strip and parking existing today. The southwest portion of the Property
will also be redeveloped, again eliminating the current roll-up facility in the rear and
replacing it with a five-story facility adjacent to the five-story hospital parking garage.
MIAMI 10896326.1 84808/304937
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October 5, 2023
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D. Requests
As part of the development, our client is requesting Conditional Use Approval for
(a) the self-storage facility use (which is already an existing use on the site); (b) retail on
the ground floor fronting Biscayne Boulevard within the Medical Office District; and (c) a
floor area ration (FAR) 1.88, where an FAR of up to 2.0 is permitted via conditional use
for Gold or Platinum LEED or other green building equivalent developments.
Additionally, our client is seeking variances related to (a) the number of parking spaces
required in order to avoid a sea of unused parking, and (b) the landscape open space
requirements, which are in excess of what is currently grandfathered on the Property but
below the 33% otherwise required under the City of Aventura Code of Ordinances ("City
Code") in the Medical Office District.
1. Conditional Use
(a) Requests
(i) Self-Storage Facility.
Pursuant to section of City of Aventura Code Section 31-144(f)(2)(j), Self-service
Storage Facilities on a minimum lot area of 1.5 acres is permitted in the MO district
through conditional use approval.
It is important to note that both properties exceed the 1.5 acres both separate and
combined, and both properties have existing self-storage facilities. Therefore, the
conditional use is not to create a new self-storage use but to modify and upgrade the
existing self-storage facilities on the Property.
(ii) Retail Uses Within a Non-Residential Building.
Pursuant to Section 31-144(f)(2)(d), retail uses as part of a non-residential
development, not exceeding 15% of the total gross interior square footage of the building,
are also permitted through conditional use approval.
The Property's location fronting along Biscayne Boulevard is an ideal location to
provide ground floor retail. Public Storage is proposing approximately 6,000 square feet
of ground floor retail along the frontage of the northernmost building along Biscayne
Boulevard. Therefore, we request conditional use approval for up to 15% retail on the
Property
(iii) Floor Area Ratio ("FAR").
Pursuant to City Code Section 14-115, buildings that attain LEED gold or platinum
certification (or the equivalent) are entitled to seek an FAR not to exceed 2.0 for properties
designated Business and Office under the City FLUM designation using Conditional Use
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October 5, 2023
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approval. As noted above, the Property is designated Business and Office under the City
FLUM. The development is proposed to be LEED gold or equivalent development and
is, therefore, seeking an FAR of 1.88.
(b) Standards for Conditional Use
Pursuant to the City Code Section 31-73(c), the proposed development meets the seven
enumerated criteria for conditional use approval as set forth below:
(i) The proposed use shall be consistent with the
Comprehensive Plan.
The request is consistent with the City of Aventura Comprehensive Plan as the FLUM
designation of the Property is Business and Office. Pursuant to page 18 of the City
Comprehensive Plan, the Business and Office land use category contemplates "the full
range of retail, wholesale, personal and professional services . . .," etc. The zoning and
land use categories both support restaurants and retail establishments as proposed.
(ii) The establishment, maintenance or operation of the proposed
use shall not be detrimental to or endanger the public health,
safety, or general welfare.
The proposed use is an expansion of an existing operation. As one of the lowest traffic
generators, the proposed use is anticipated to have minimal impact on the neighboring
community and produces far less traffic than other potential uses permitted on the
Property. Further, by redeveloping and increasing capacity on existing self-storage
facility sites, the redevelopment represents a more efficient utilization of the Property,
promoting the general welfare of the City. Further, retail frontage along Biscayne
Boulevard represents dual utilization of the site and allows for the providing of services to
the neighboring developments and medical district employees.
(iii) The proposed use shall be consistent with the community
character of the immediate neighborhood of the proposed
use.
The redevelopment of the site is maintaining the existing self-storage use with the addition
of retail. Self-storage is permitted through conditional use approval and represents an
identical use to what is on the Property, with the addition of retail which is supportive of
the surrounding neighborhood.
(iv) Utilities, roadway capacity, drainage, and other necessary
public facilities including police, fire and emergency services
shall exist at the City's Adopted Levels of Service, or will be
available concurrent with demand as provided for in the
requirement of these LDRs.
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October 5, 2023
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Utilities, roadway capacity, drainage, and other necessary public faciIities including police,
fire and emergency services exist at the City's Adopted Levels of Service, or will be
available concurrent with demand.
Further, the northern portion of the Property has experienced historic and significant
stormwater issues as recent as earlier this year. Rather than a remodel of the northern
portion of the Property, a wholesale demolition will allow Public Storage to fully address
drainage on the Property, thus improving the level of service on the Property.
(y) 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.
The proposed plan includes entrances with long throats along Biscayne Boulevard to
accommodate vehicles to minimize traffic congestion. Additionally, the self-storage
component, as one of the lower traffic generators, the use should not generate significant
traffic. The retail component is setback from the street to accommodate sufficient ingress
and egress for both uses.
(vi) The establishment of the conditional use shall not impede the
development of surrounding properties for uses permitted in
the zoning district.
The use itself is already existing on site, and the properties to the south and west are
developed, and the properties to the northeast and northwest are under construction, thus
there are no abutting properties that are either undeveloped or not under construction.
The proposed development, at a modest 5 stories, is less than half that permitted under
the Medical Office district as of right, and therefore, will not impact the development in the
district.
(vii) 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.
As noted above, the Property is being developed at 5 stories, which is lower than the
abutting properties to the north and south. The western portion of the southern property
is abutting the 5 story parking garage, and the full perimeter of the development is
defined with landscape buffers.
2. Variances.
(a) Requests
0) Parkins.
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October 5, 2023
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Under the City Code, parking for self-storage facilities requires one parking space per 5,000
square feet of gross floor area plus one parking space per 300 square feet of gross floor area of
office, plus two spaces for living quarters (none are proposed). See City Code Section 31-
171(b)(7).
Over the years, numerous municipalities have modified their parking requirements related to self-
storage facilities to reflect the actual industry needs. For example, Miami-Dade County modified
its required parking for self-storage facilities to a require one parking space per the 5,000 square
feet only for the first 20,000 square feet, and then one parking space for 10,000 square feet
thereafter(with a minimum of 5 spaces), with one space per 400 square feet of office. See Miami-
Dade County Code Section 33-124(p). This reduction was in recognition of the fact that much of
the use is internalized within the buildings, coupled with the infrequency of actual trips to self-
storage facilities. In fact, based on the parking demand analysis prepared by JFO Group, Inc.,
the total parking that would be required by the ITE, Institute of Transportation Engineers, Parking
Generation Manual, would be a total of 64 spaces for the entire development including the retails
space. Our client is proposing 88 spaces on site—which is over 37% more than is anticipated to
be required under the ITE Manual. However, the Code would require 128 parking spaces. Rather
than defining the site with a vacant parking field, Public Storage is proposing a variance of the
parking requirements related to the number of parking spaces on site.
(ii) Landscape Open Space
As noted above, our client is seeking a variance related to landscape open space. The
current landscape open space on the Property consists of approximately 24.6 %. Public
Storage is proposing to redevelop of the site with a total of 28.1 % open space. The
Medical Office District generally requires 33% open space which far exceeds that which
is required under the other business district regulations. For example, shopping centers
with over a certain square footage are permitted a minimum landscape open space of
15% of the total lot area. Thirty-three percent is more than double the provided landscape
open space on the Property. The proposed redevelopment provides a landscape open
space as a buffer, defining the edges but seeks to internalize the buildings. Given it is not
a campus style setting where landscape is generally noticed within the site, the landscape
is instead heavily focused along Biscayne Boulevard, along the southern portion of the
Property to the west, and along the north and south perimeters.
The front of the northern portion of the Property is proposed to redefine the frontage with
a large landscape buffer along Biscayne Boulevard, rather than the narrow landscape
strip. While there is retail parking in the front, it is now proposed to be separated by a
much larger landscape buffer, widening as it traverses north to visually match Biscayne
Boulevard. Additionally, the proposed redevelopment now represents almost 15% more
landscaping than existing on the site.
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(b) Standards
Both requested variances comply with the standards of review pursuant to Section
31-76(e), as follows:
(i) The particular physical surroundings, shape, topographical condition, or
other physical or environmental condition of the specific property involved
would result in a particular hardship upon the owner, as distinguished from
a mere inconvenience, if the regulations were carried out literally.
The Property is irregularly shaped and angled along Biscayne Boulevard. The parking
regulations related to parking exceed what is permitted on site and the existing
development accommodates less landscaping than is proposed.
(ii) The conditions upon which the request for a variance is based are unique
to the parcel and would not be generally applicable to other property within
the vicinity.
Due to the Property's irregular shape, the existing buildings and the proposed use, the
basis for the requested variance is unique to the parcel and is not generally applicable to
other parcels within the vicinity.
(iii) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure which is not otherwise
consistent with the LDR.
The proposed use as a storage facility is consistent with the land development regulations
and the hardship is not economic.
(iv) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare. In fact, the
decreased parking represents an improvement to the public welfare than a sea of unused
asphalt and parking. The landscape open space is increasing on site and focused along
the perimeters to provide visual and green buffer areas.
(v) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety,
or substantially diminish or impair property values within the vicinity.
As noted above, the self-storage facility is one of the lower generators of traffic in the
industry. The granting of the proposed variances will not represent a significant increase
the congestion in the public streets as compared to the currently approved plan, and is
far less than maybe developed as of right. Additionally, they will not increase the danger
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October 5, 2023
Page 8 BilzinSumberg
of fire, or endanger the public safety or substantially diminish or impair property values
within the vicinity.
E. Conclusion.
The proposed application represents a marked upgrade over the existing facilities on the
Property and to upgrade and modernize the facilities with structures that are compatible
with the area and much lower in traffic than could be produced on the site. The variances
represent improvements to the existing site and will have minimal impact on the area.
Based on the foregoing, we respectfully request your favorable review of the
application. Should you have any questions, please do not hesitate to contact me at (305)
350-2351.
Very truly yours,
15�ial& QJ&r
Brian S. Adler
BSA
MIAMI 10896326.1 84808/304937
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0 0.28 0.55 1.1 mi
� Municipal Zone - MO Medical Office District
""""" 0 0.42 0.85 1.7 km
............. Subject Property
___: Aventura Municipal Boundary
EXHIBIT"A"
Legal Description
THAT PART OF LOTS 3 AND 4, BLOCK 3, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF
FEDERAL HIGHWAY, ALSO KNOWN AS STATE ROAD NO. 4 AND US NO. 1, AS SAID LOTS AND BLOCK
ARE SHOWN ON MAP OF HALLANDALE; RECORDED IN PLAT BOOK B, AT PAGE 13, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. ALL BEING LOCATED IN THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA; SAID PART OF LOTS 3 AND 4 BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE (P.O.C.) AT THE NORTHWEST CORNER OF SAID LOT 3 AND RUN DUE EAST ON AN
ASSUMED BEARING, ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 475.00, FEET TO
THE POINT OF BEGINNING (P.O.B.) THENCE RUN SOUTH 1°15'32" EAST, A DISTANCE OF 149.73 FEET;
THENCE RUN NORTH 890 5741" EAST, A DISTANCE OF 191.20 FEET TO THE DIVIDING LINE BETWEEN
SAID LOTS 3 AND 4; THENCE CONTINUE NORTH 89057'41" EAST ACROSS LOT 4, A DISTANCE OF
242.27 FEET TO THE WESTERLY RIGHT OF WAY LINE OF AFORESAID FEDERAL HIGHWAY; THENCE
RUN NORTH 24034'08" EAST ALONG THE SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 87.63
FEET TO THE POINT OF CURVATURE (P.C.) OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 3,784.83 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 1009'18.2", A DISTANCE OF 76.20 FEET TO THE NORTHERLY LINE OF
SAID LOT 4; THENCE RUN DUE WEST ALONG THE NORTHERLY LINE OF LOT 4, A DISTANCE OF 312.94
FEET TO THE DIVIDING LINE BETWEEN LOTS 3 AND 4; THENCE CONTINUE DUE WEST ALONG THE
NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 191.28 FEET TO THE POINT OF BEGINNING (P.O.B.).
AND
PARCEL: 1
BEING A PORTION OF THE SW '/a OF THE NE 1/4 OF THE NW '/a AND SE 1/4 OF THE NE 1/4 OF THE NW
'/a OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SW '/a OF NE 1/4 OF NW '/a LOCATED 273.00 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID SW 1/4; THENCE RUN EASTERLY PARALLEL TO AND
272.948 FEET NORTH OF THE SOUTH LINE OF SAID SW '/a AND SE 1/4 793.84 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY U.S. NO. 1; THENCE RUN NORTHEASTERLY ALONG SAID
RIGHT OF WAY 100.00 FEET; THENCE RUN WESTERLY PARALLEL TO AND 363.91 FEET NORTH OF THE
SOUTH LINE OF SAID SW '/a AND SE 1/4 837.29 FEET TO THE SAID WEST LINE OF SW 1/4; THENCE
RUN SOUTHERLY ALONG SAID WEST LINE 90.98 FEET TO THE POINT OF BEGINNING.
PARCEL: 2
THAT PART OF LOTS 3 AND 4, BLOCK 3 OF HALLANDALE, LYING WESTERLY OF THE RIGHT OF WAY OF
STATE ROAD #4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK-B", AT PAGE 13 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 3, BLOCK 3, SAID
POINT BEING 150.05 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 3, RUN THENCE
EASTERLY ON THE LINE PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, A DISTANCE OF 908.47
FEET TO A POINT BEING ON THE WESTERLY LINE OF STATE ROAD #4 OR FEDERAL HIGHWAY U.S. #1;
THENCE RUN IN A SOUTHWESTERLY DIRECTION ON THE WESTERLY LINE OF STATE ROAD #4 A
DISTANCE OF 163.80 FEET TO A POINT; THENCE RUN ALONG A LINE DEFLECTING TO THE RIGHT
114031'49" SAID LINE BEING PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, BLOCK 3, A
DISTANCE OF 837.29 FEET TO A POINT THENCE ALONG A LINE DEFLECTING 91031'03",TO THE RIGHT
ALONG THE WESTERLY LINE OF LOT 3, BLOCK 3, A DISTANCE OF 149.05 FEET TO THE POINT OF
BEGINNING, IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA.
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 31-144(F)(2)J OF THE CITY CODE TO
PERMIT A SELF-SERVICE STORAGE FACILITY AND ALLOWING A
FLOOR AREA RATIO OF 1.88 PURSUANT TO SECTION 31-144(F)(2)L
FOR A BUILDING THAT ATTAINS LEED GOLD OR PLATINUM
CERTIFICATION FOR THE PROPERTY LOCATED AT 21280-21288
BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property, legally described in Exhibit "A", is zoned MO, Medical
Office District; and
WHEREAS, the applicant, PS Aventura Biscayne 2013 LLC and Public Storage
Properties VI Inc. (collectively "Public Storage"), through Application No. CUP2310-
0001("Application"), is requesting conditional use approval pursuant to Section 31-
144(f)(2)j of the City Code to permit a self-storage facility; and
WHEREAS, Public Storage, through the same Application, is requesting
conditional use approval pursuant to Section 31-144(f)(2)1 to permit a Floor Area Ratio
(F.A.R) of 1.88 for a LEED Gold or Platinum certified building; and
WHEREAS, following proper notice, the City Commission held a public hearing as
provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for conditional use approval pursuant to Section 31-
144(f)(2)j of the Code to permit a self-storage facility in the MO, Medical Office district,
and conditional use approval pursuant to Section 31-144(f)(2)1 to permit a F.A.R. of 1.88
for a LEED Gold or Platinum certified building at the Property legally described in Exhibit
"A", is hereby granted exclusively to the applicant, subject to the following conditions-
1. Plans submitted for building permit shall substantially comply with those
submitted to the Community Development Department and approved under
ASPA application No. SP2310-0001.
2. Building permits shall be obtained within 12 months of the date of this
Resolution, failing which this approval shall be deemed null and void. The City
Commission may, by resolution or motion at a regular meeting, grant one
City of Aventura Resolution No. 2023-
extension of up to six months for good cause shown by the applicant and upon
written request for such extension by the applicant within the initial 12-month
approval period.
3. Prior to issuance of a building permit by the City for the proposed development,
the applicant shall-
(i) enter into and record in the Public Records of Miami-Dade County, at its
expense, and in a form satisfactory to the City Manager and City Attorney,
the Agreement and Covenant in fulfillment of all requirements of the City's
Green Building Program; and
(ii) provide to the City a performance bond or other security approved by the
City Manager and City Attorney in the amount of 5% of building construction
costs as approved by the City's Building Official to guarantee attainment of
LEEDO Gold certification by the US Green Building Council.
4. Property covenant will be required before site plan approval.
5. Landscape plans shall reflect the following requirements:
a. Proposed landscape fronting Biscayne Boulevard shall be creatively
designed to connect with the sidewalk and provide shading to the benefit of
the residents.
b. Specimen trees shall be preserved and any canopy loss mitigated on site.
c. The right-of-way along NE 28th Avenue shall be improved with sidewalk
and standard landscaping.
6. Prior to the issuance of permits, Public Storage shall present evidence of
having engaged the utilities with overhead wires adjacent to the property as
necessary to initiate design and construction to place those utilities
underground. Prior to the issuance of a certificate of occupancy for any new
building on site, all adjacent overhead utility wires shall have been placed
underground. The City will not, however, unreasonably withhold certificates of
occupancy in the event that the utility work required by this condition is not
complete solely due to utility delays despite the timely best efforts and financial
commitment of Public Storage to have the required undergrounding completed.
7. Prior to the issuance of permits, Public Storage shall provide any necessary
easement to accommodate the installation of a bus shelter at the existing bus
stop along Biscayne Blvd. in front of the Public Storage properties. Subsequent
to the issuance of permits, the City will obtain permits and install the shelter.
Prior to the issuance of a certificate of occupancy, Public Storage shall
reimburse the City for its expenses related to the permitting and installation of
the shelter up to but not exceeding $50,000. In the event that the shelter has
been started but not completed prior to Public Storage being ready for a
certificate of occupancy, Public Storage shall provide the City a letter of credit
in the amount of $50,000 which may be drawn against pursuant to this
resolution.
Page 2 of 4
City of Aventura Resolution No. 2023-
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. Issuance of this development order by the City of Aventura does not in
any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. All applicable state and federal permits must be
obtained before commencement of the development. This condition is included pursuant
to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
ATTEST: MAYOR
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 4
City of Aventura Resolution No. 2023-
EXHIBIT"A"
Legal Description
THAT PART OF LOTS 3 AND 4, BLOCK 3, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF
FEDERAL HIGHWAY, ALSO KNOWN AS STATE ROAD NO. 4 AND US NO. 1, AS SAID LOTS AND BLOCK
ARE SHOWN ON MAP OF HALLANDALE; RECORDED IN PLAT BOOK B, AT PAGE 13, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. ALL BEING LOCATED IN THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA; SAID PART OF LOTS 3 AND 4 BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE (P.O.C.) AT THE NORTHWEST CORNER OF SAID LOT 3 AND RUN DUE EAST ON AN
ASSUMED BEARING, ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 475.00, FEET TO
THE POINT OF BEGINNING (P.O.B.)THENCE RUN SOUTH 1°15'32" EAST, A DISTANCE OF 149.73 FEET;
THENCE RUN NORTH 890 57'41" EAST, A DISTANCE OF 191.20 FEET TO THE DIVIDING LINE BETWEEN
SAID LOTS 3 AND 4; THENCE CONTINUE NORTH 89057'41" EAST ACROSS LOT 4, A DISTANCE OF
242.27 FEET TO THE WESTERLY RIGHT OF WAY LINE OF AFORESAID FEDERAL HIGHWAY; THENCE
RUN NORTH 24034'08" EAST ALONG THE SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 87.63
FEET TO THE POINT OF CURVATURE (P.C.) OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 3,784.83 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 1009'18.2", A DISTANCE OF 76.20 FEET TO THE NORTHERLY LINE OF
SAID LOT 4; THENCE RUN DUE WEST ALONG THE NORTHERLY LINE OF LOT 4, A DISTANCE OF 312.94
FEET TO THE DIVIDING LINE BETWEEN LOTS 3 AND 4; THENCE CONTINUE DUE WEST ALONG THE
NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 191.28 FEET TO THE POINT OF BEGINNING (P.O.B.).
AND
PARCEL: 1
BEING A PORTION OF THE SW '/a OF THE NE '/a OF THE NW '/a AND SE '/a OF THE NE '/a OF THE NW
'/a OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SW '/a OF NE '/a OF NW '/a LOCATED 273.00 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID SW 1/4; THENCE RUN EASTERLY PARALLEL TO AND
272.948 FEET NORTH OF THE SOUTH LINE OF SAID SW '/a AND SE '/a 793.84 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY U.S. NO. 1; THENCE RUN NORTHEASTERLY ALONG SAID
RIGHT OF WAY 100.00 FEET; THENCE RUN WESTERLY PARALLEL TO AND 363.91 FEET NORTH OF THE
SOUTH LINE OF SAID SW '/a AND SE '/a 837.29 FEET TO THE SAID WEST LINE OF SW 1/4; THENCE
RUN SOUTHERLY ALONG SAID WEST LINE 90.98 FEET TO THE POINT OF BEGINNING.
PARCEL: 2
THAT PART OF LOTS 3 AND 4, BLOCK 3 OF HALLANDALE, LYING WESTERLY OF THE RIGHT OF WAY OF
STATE ROAD #4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK-B", AT PAGE 13 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 3, BLOCK 3, SAID
POINT BEING 150.05 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 3, RUN THENCE
EASTERLY ON THE LINE PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, A DISTANCE OF 908.47
FEET TO A POINT BEING ON THE WESTERLY LINE OF STATE ROAD #4 OR FEDERAL HIGHWAY U.S. #1;
THENCE RUN IN A SOUTHWESTERLY DIRECTION ON THE WESTERLY LINE OF STATE ROAD #4 A
DISTANCE OF 163.80 FEET TO A POINT; THENCE RUN ALONG A LINE DEFLECTING TO THE RIGHT
114031'49" SAID LINE BEING PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, BLOCK 3, A
DISTANCE OF 837.29 FEET TO A POINT THENCE ALONG A LINE DEFLECTING 91031'03", TO THE RIGHT
ALONG THE WESTERLY LINE OF LOT 3, BLOCK 3, A DISTANCE OF 149.05 FEET TO THE POINT OF
BEGINNING, IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA.
Page 4 of 4
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson(
92-
City Manager
BY: Keven R. Klopp
Community Development Director
DATE: November 3, 2023
SUBJECT: Request by PS Aventura Biscayne 2013 LLC and Public Storage
Properties VI Inc. (collectively "Public Storage") for a Variance to
Develop a Commercial Property Located at 21280-21288 Biscayne
Boulevard (the "Property") (VAR2310-0001)
November 7, 2023 Local Planning Agency Meeting Agenda
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the request to permit 60 parking
spaces where 103 parking spaces are required, and to permit 28% of landscaped open
space where 33% of the total lot area is required to be landscaped open space on the
Property.
THE REQUEST
Public Storage is requesting a variance from Section 31-171(b)(7) of the Land
Development Regulations ("LDRs") to permit 60 parking spaces where 103 parking
spaces are required; and a variance from section 31-144(f)(4)d.3 to permit 28% of
landscaped open space where 33% of the total lot area is required to be landscaped open
space (See Exhibit #1 for Letter of Intent).
BACKGROUND
OWNER OF PROPERTY Public Storage Properties VI Inc.
PS Aventura Biscayne 2013 LLC
APPLICANT Public Storage Properties VI Inc.
PS Aventura Biscayne 2013 LLC
ADDRESS OF PROPERTY 21280 Biscayne Boulevard
21288 Biscayne Boulevard (See Exhibit #2 for
Location Map).
SIZE OF PROPERTY Approximately 6.16 acres
LEGAL DESCRIPTION That part of lots 3 and 4, block 3, lying westerly
of the westerly right of way line of federal
highway, also known as state road no. 4 and us
no. 1, as said lots and block are shown on map
of Hallandale; recorded in Plat Book B, at Page
13, of the Public Records of Miami-Dade
County, Florida.
AND
Map of Hallandale Plat Book B, at Page 13
N240.04ft of S513.03ft of Lots 3 & 4 W of Fed
Hwy Less W25ft for RW Blk 3
(See Exhibit#3 for complete Legal Description).
Zoning —
Subject Property MO — Medical Office District
Properties to the North MO — Medical Office District
B2 — Community Business District
Properties to the South MO — Medical Office District
Properties to the East B2 — Community Business District
Properties to the West MO — Medical Office District
Existing Land Use —
Subject Property Warehouse or Storage
Properties to the North Mixed-Use Development
Properties to the South Medical Offices
Properties to the East Retail
Properties to the West Medical Offices
Future Land Use —
Subject Property Business and Office
Properties to the North Business and Office
Properties to the South Business and Office
Properties to the East Business and Office
Properties to the West Business and Office
2
The Site — The subject site consists of two parcels of approximately 6.16 acres. These
parcels are situated with frontage on Biscayne Boulevard to the east, 1212 Aventura to
the north and Aventura Hospital to the south. To the west, the northern parcel borders the
upcoming Aventura Eco Offices, and the southern parcel faces NE 28t"Ave. The northern
parcel, covering approximately 1.61 acres, presently accommodates a two-story self-
storage facility built in 1992. This facility is characterized by ground floor roll-up garage
doors lining the building. The southern parcel, spanning around 4.55 acres, features a
four-story building facing Biscayne Boulevard, which was redevelop in 2014 with a more
contemporary style of storage facility. On the west side of the parcel, facing NE 28
Avenue, there are five buildings constructed in 1981 with additional ground floor storage
facilities.
The Project —. Public Storage aims to enhance the Property by demolishing the current
traditional style facilities and replacing them with two five-story structures to complement
the existing four-story building constructed in 2014.
ANALYSIS
Consistency with Comprehensive Master Plan — The request is consistent with the
City of Aventura Comprehensive Plan. This property is located within a Business and
Office land use designation.
Citizen Comments — Notices were mailed and the property was posted as required by
City Code. The Community Development Department has received no written citizen
comments to date.
Community Development Department Analysis — The Property is located in the
Medical Office district. Self-storage facilities are allowed in properties with a minimum lot
size of 1.5 acres under Conditional Use approval. The Property consist of two lots of 1.61
and 4.55 acres respectively. Public Storage had submitted a request for Conditional Use
approval concurrently with this request.
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City' s
Land Development Regulation state:
Standards of review. A variance shall be granted only where competent and substantial
evidence presented in the particular case shows that all of the following are met-
(1) The particular physical surroundings, shape, topographical condition, or
other physical or environmental condition of the specific property involved
would result in a particular hardship upon the owner, as distinguished from
a mere inconvenience, if the regulations were carried out literally.
3
The Property is irregularly shaped and angled along Biscayne Boulevard. The parking
regulations related to parking exceed what is permitted on site and the existing
development accommodates less landscaping than is proposed.
(2) The conditions upon which the request for a variance is based are unique
to the parcel and would not be generally applicable to other property within
the vicinity.
Due to the Property's irregular shape, the existing buildings and the proposed use, the
basis for the requested variance is unique to the parcel and is not generally applicable to
other parcels within the vicinity.
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure, which is not otherwise
consistent with the LDR.
The hardship is not economic and has not been deliberately created. The proposed use
as a storage facility is consistent with the land development regulations
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare. The decreased
parking reflects the actual industry needs; much of the use is internalized within the
buildings, in addition to the infrequency of actual trips to self-storage facilities. The
landscape open space is increasing on site and focused along the perimeters to provide
visual buffer areas.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety,
or substantially diminish or impair property values within the vicinity.
A self-storage facility is one of the lower generators of traffic in the industry. The granting
of the proposed variances will not represent a significant increase to the congestion in the
public streets as compared to the currently approved plan, and is far less than may be
developed as of right. Additionally, newer facilities will not increase the danger of fire, or
endanger the public safety or substantially diminish or impair property values within the
vicinity.
It is recommended that the request for variances be granted.
4
DocuSign Envelope ID: DB2B58D6-62CC-46D2-B8E2-E22D3C200989
Bilzin S er
Brian S.Adler
EXHIBIT#1 :w 305-350-2351
Fax 305-351-2206
badler@bilzin.com
October 5, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Public Storage Letter of Intent
Application for Conditional Use Approval and Variances
21280-21288 Biscayne Boulevard, Aventura, FL
Folio No. 28-1234-001-0190 and-0200 (collectively, the "Property")
Dear Mr. Klopp:
Letter of Intent
This firm represents PS Aventura Biscayne 2013 LLC and Public Storage
Properties VI Inc. as the owners of the above Property (collectively, "Owner" or "Public
Storage"). Please consider this our formal Letter of Intent in connection with applications
for Conditional Use Approval and Variances related to the proposed redevelopment and
modified development of the Property.
A. The Property
The Property consists of approximately 6.16 +/- acres located west of Biscayne
Boulevard between theoretical NE 212t" Street and NE 213t" Street, north of the HCA
Florida Aventura Hospital and south of the development currently under construction to
the north. The property consists of two folio numbers, the northern parcel which extends
mid-block to the west, and the southern parcel with extends west from Biscayne
Boulevard to NE 28t" Avenue.
The Property is designated Business and Office on the City of Aventura Future
Land Use Plan Map ("FLUM"), and is zoned MO, Medical Office District, under the City of
Aventura Zoning Map.
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'i e1 3o5,, . 1.,.780 Fax, 1,o,,5...74.,are); 1 bi lzin,c im
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B. The Property History
The Property is owned by Public Storage, and both portions of the Property house
self-storage facilities. Both developments were initially constructed while the properties
were under the jurisdiction of Miami-Dade County. The northern portion of the property
was developed in 1992 and the southern portion was initially developed in 1981. Both
properties were developed with the more traditional style of self-storage facilities typical
at the time, which were characterized by ground floor roll up garage-style doors lining the
buildings.
Over time, self-storage facilities have been modernized, internalizing the majority
of the units and better blending into the surrounding area. In 2014, the front portion of
the southern portion of the Property was redeveloped along the Biscayne Boulevard
frontage with a more modern four-story storage featuring a glass frontage and parapets
and more reminiscent of the more modern type of storage facilities. However, the western
portion of the Property and the northern portion of the Property remain with the historic
roll-up gate style facilities.
Public Storage owns the Property and is seeking to upgrade and modernize the
remainder of the Property, consistent with the 2014 redevelopment along Biscayne
Boulevard. Specifically, Public Storage is seeking to maintain the newer southern building
fronting on Biscayne Boulevard, but to demolish the existing roll-up gate facilities at the
western side of the southern portion of the Property and the northern portion of the
Property with a more modern structure that would blend with the surrounding area. As
Public Storage is the owner of both properties, rather than meeting current and future
demand by acquiring additional properties in the area to establish new self-storage
facilities, Public Storage is seeking to upgrade its existing facility to expand its capacity
on the existing Property with the proposed modern facilities that will not only serve the
surrounding community but will remain as one of the lowest traffic generators of any use
while providing a benefit for the community without corresponding traffic.
C. Proposed Development
Attached for your review is the proposed site plan for the upgraded Public Storage
facilities proposed on the Property. The proposed redeveloped site would eliminate the
roll-up door facilities and replace them with five-story self-storage facilities, less than half
the number of stories permitted as of right in the Medical Office District. The current
northern building currently provides minimal landscaping along Biscayne Boulevard. The
proposed new northern building is set further back from Biscayne Boulevard than the
existing facility and defines the street with a landscape buffer rather than the current
narrow landscape strip and parking existing today. The southwest portion of the Property
will also be redeveloped, again eliminating the current roll-up facility in the rear and
replacing it with a five-story facility adjacent to the five-story hospital parking garage.
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D. Requests
As part of the development, our client is requesting Conditional Use Approval for
(a) the self-storage facility use (which is already an existing use on the site); (b) retail on
the ground floor fronting Biscayne Boulevard within the Medical Office District; and (c) a
floor area ration (FAR) 1.88, where an FAR of up to 2.0 is permitted via conditional use
for Gold or Platinum LEED or other green building equivalent developments.
Additionally, our client is seeking variances related to (a) the number of parking spaces
required in order to avoid a sea of unused parking, and (b) the landscape open space
requirements, which are in excess of what is currently grandfathered on the Property but
below the 33% otherwise required under the City of Aventura Code of Ordinances ("City
Code") in the Medical Office District.
1. Conditional Use
(a) Requests
(i) Self-Storage Facility.
Pursuant to section of City of Aventura Code Section 31-144(f)(2)(j), Self-service
Storage Facilities on a minimum lot area of 1.5 acres is permitted in the MO district
through conditional use approval.
It is important to note that both properties exceed the 1.5 acres both separate and
combined, and both properties have existing self-storage facilities. Therefore, the
conditional use is not to create a new self-storage use but to modify and upgrade the
existing self-storage facilities on the Property.
(ii) Retail Uses Within a Non-Residential Building.
Pursuant to Section 31-144(f)(2)(d), retail uses as part of a non-residential
development, not exceeding 15% of the total gross interior square footage of the building,
are also permitted through conditional use approval.
The Property's location fronting along Biscayne Boulevard is an ideal location to
provide ground floor retail. Public Storage is proposing approximately 6,000 square feet
of ground floor retail along the frontage of the northernmost building along Biscayne
Boulevard. Therefore, we request conditional use approval for up to 15% retail on the
Property
(iii) Floor Area Ratio ("FAR").
Pursuant to City Code Section 14-115, buildings that attain LEED gold or platinum
certification (or the equivalent) are entitled to seek an FAR not to exceed 2.0 for properties
designated Business and Office under the City FLUM designation using Conditional Use
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approval. As noted above, the Property is designated Business and Office under the City
FLUM. The development is proposed to be LEED gold or equivalent development and
is, therefore, seeking an FAR of 1.88.
(b) Standards for Conditional Use
Pursuant to the City Code Section 31-73(c), the proposed development meets the seven
enumerated criteria for conditional use approval as set forth below:
(i) The proposed use shall be consistent with the
Comprehensive Plan.
The request is consistent with the City of Aventura Comprehensive Plan as the FLUM
designation of the Property is Business and Office. Pursuant to page 18 of the City
Comprehensive Plan, the Business and Office land use category contemplates "the full
range of retail, wholesale, personal and professional services . . .," etc. The zoning and
land use categories both support restaurants and retail establishments as proposed.
(ii) The establishment, maintenance or operation of the proposed
use shall not be detrimental to or endanger the public health,
safety, or general welfare.
The proposed use is an expansion of an existing operation. As one of the lowest traffic
generators, the proposed use is anticipated to have minimal impact on the neighboring
community and produces far less traffic than other potential uses permitted on the
Property. Further, by redeveloping and increasing capacity on existing self-storage
facility sites, the redevelopment represents a more efficient utilization of the Property,
promoting the general welfare of the City. Further, retail frontage along Biscayne
Boulevard represents dual utilization of the site and allows for the providing of services to
the neighboring developments and medical district employees.
(iii) The proposed use shall be consistent with the community
character of the immediate neighborhood of the proposed
use.
The redevelopment of the site is maintaining the existing self-storage use with the addition
of retail. Self-storage is permitted through conditional use approval and represents an
identical use to what is on the Property, with the addition of retail which is supportive of
the surrounding neighborhood.
(iv) Utilities, roadway capacity, drainage, and other necessary
public facilities including police, fire and emergency services
shall exist at the City's Adopted Levels of Service, or will be
available concurrent with demand as provided for in the
requirement of these LDRs.
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Utilities, roadway capacity, drainage, and other necessary public faciIities including police,
fire and emergency services exist at the City's Adopted Levels of Service, or will be
available concurrent with demand.
Further, the northern portion of the Property has experienced historic and significant
stormwater issues as recent as earlier this year. Rather than a remodel of the northern
portion of the Property, a wholesale demolition will allow Public Storage to fully address
drainage on the Property, thus improving the level of service on the Property.
(y) 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.
The proposed plan includes entrances with long throats along Biscayne Boulevard to
accommodate vehicles to minimize traffic congestion. Additionally, the self-storage
component, as one of the lower traffic generators, the use should not generate significant
traffic. The retail component is setback from the street to accommodate sufficient ingress
and egress for both uses.
(vi) The establishment of the conditional use shall not impede the
development of surrounding properties for uses permitted in
the zoning district.
The use itself is already existing on site, and the properties to the south and west are
developed, and the properties to the northeast and northwest are under construction, thus
there are no abutting properties that are either undeveloped or not under construction.
The proposed development, at a modest 5 stories, is less than half that permitted under
the Medical Office district as of right, and therefore, will not impact the development in the
district.
(vii) 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.
As noted above, the Property is being developed at 5 stories, which is lower than the
abutting properties to the north and south. The western portion of the southern property
is abutting the 5 story parking garage, and the full perimeter of the development is
defined with landscape buffers.
2. Variances.
(a) Requests
0) Parkins.
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Under the City Code, parking for self-storage facilities requires one parking space per 5,000
square feet of gross floor area plus one parking space per 300 square feet of gross floor area of
office, plus two spaces for living quarters (none are proposed). See City Code Section 31-
171(b)(7).
Over the years, numerous municipalities have modified their parking requirements related to self-
storage facilities to reflect the actual industry needs. For example, Miami-Dade County modified
its required parking for self-storage facilities to a require one parking space per the 5,000 square
feet only for the first 20,000 square feet, and then one parking space for 10,000 square feet
thereafter(with a minimum of 5 spaces), with one space per 400 square feet of office. See Miami-
Dade County Code Section 33-124(p). This reduction was in recognition of the fact that much of
the use is internalized within the buildings, coupled with the infrequency of actual trips to self-
storage facilities. In fact, based on the parking demand analysis prepared by JFO Group, Inc.,
the total parking that would be required by the ITE, Institute of Transportation Engineers, Parking
Generation Manual, would be a total of 64 spaces for the entire development including the retails
space. Our client is proposing 88 spaces on site—which is over 37% more than is anticipated to
be required under the ITE Manual. However, the Code would require 128 parking spaces. Rather
than defining the site with a vacant parking field, Public Storage is proposing a variance of the
parking requirements related to the number of parking spaces on site.
(ii) Landscape Open Space
As noted above, our client is seeking a variance related to landscape open space. The
current landscape open space on the Property consists of approximately 24.6 %. Public
Storage is proposing to redevelop of the site with a total of 28.1 % open space. The
Medical Office District generally requires 33% open space which far exceeds that which
is required under the other business district regulations. For example, shopping centers
with over a certain square footage are permitted a minimum landscape open space of
15% of the total lot area. Thirty-three percent is more than double the provided landscape
open space on the Property. The proposed redevelopment provides a landscape open
space as a buffer, defining the edges but seeks to internalize the buildings. Given it is not
a campus style setting where landscape is generally noticed within the site, the landscape
is instead heavily focused along Biscayne Boulevard, along the southern portion of the
Property to the west, and along the north and south perimeters.
The front of the northern portion of the Property is proposed to redefine the frontage with
a large landscape buffer along Biscayne Boulevard, rather than the narrow landscape
strip. While there is retail parking in the front, it is now proposed to be separated by a
much larger landscape buffer, widening as it traverses north to visually match Biscayne
Boulevard. Additionally, the proposed redevelopment now represents almost 15% more
landscaping than existing on the site.
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(b) Standards
Both requested variances comply with the standards of review pursuant to Section
31-76(e), as follows:
(i) The particular physical surroundings, shape, topographical condition, or
other physical or environmental condition of the specific property involved
would result in a particular hardship upon the owner, as distinguished from
a mere inconvenience, if the regulations were carried out literally.
The Property is irregularly shaped and angled along Biscayne Boulevard. The parking
regulations related to parking exceed what is permitted on site and the existing
development accommodates less landscaping than is proposed.
(ii) The conditions upon which the request for a variance is based are unique
to the parcel and would not be generally applicable to other property within
the vicinity.
Due to the Property's irregular shape, the existing buildings and the proposed use, the
basis for the requested variance is unique to the parcel and is not generally applicable to
other parcels within the vicinity.
(iii) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure which is not otherwise
consistent with the LDR.
The proposed use as a storage facility is consistent with the land development regulations
and the hardship is not economic.
(iv) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare. In fact, the
decreased parking represents an improvement to the public welfare than a sea of unused
asphalt and parking. The landscape open space is increasing on site and focused along
the perimeters to provide visual and green buffer areas.
(v) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety,
or substantially diminish or impair property values within the vicinity.
As noted above, the self-storage facility is one of the lower generators of traffic in the
industry. The granting of the proposed variances will not represent a significant increase
the congestion in the public streets as compared to the currently approved plan, and is
far less than maybe developed as of right. Additionally, they will not increase the danger
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October 5, 2023
Page 8 BilzinSumberg
of fire, or endanger the public safety or substantially diminish or impair property values
within the vicinity.
E. Conclusion.
The proposed application represents a marked upgrade over the existing facilities on the
Property and to upgrade and modernize the facilities with structures that are compatible
with the area and much lower in traffic than could be produced on the site. The variances
represent improvements to the existing site and will have minimal impact on the area.
Based on the foregoing, we respectfully request your favorable review of the
application. Should you have any questions, please do not hesitate to contact me at (305)
350-2351.
Very truly yours,
15�ial& QJ&r
Brian S. Adler
BSA
MIAMI 10896326.1 84808/304937
City of Aventura - Location Map EXHIBIT #2
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10/24/2023 1:36,062
0 0.28 0.55 1.1 mi
� Municipal Zone - MO Medical Office District
""""" 0 0.42 0.85 1.7 km
............. Subject Property
___: Aventura Municipal Boundary
EXHIBIT"A"
Legal Description
THAT PART OF LOTS 3 AND 4, BLOCK 3, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF
FEDERAL HIGHWAY, ALSO KNOWN AS STATE ROAD NO. 4 AND US NO. 1, AS SAID LOTS AND BLOCK
ARE SHOWN ON MAP OF HALLANDALE; RECORDED IN PLAT BOOK B, AT PAGE 13, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. ALL BEING LOCATED IN THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA; SAID PART OF LOTS 3 AND 4 BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE (P.O.C.) AT THE NORTHWEST CORNER OF SAID LOT 3 AND RUN DUE EAST ON AN
ASSUMED BEARING, ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 475.00, FEET TO
THE POINT OF BEGINNING (P.O.B.) THENCE RUN SOUTH 1°15'32" EAST, A DISTANCE OF 149.73 FEET;
THENCE RUN NORTH 890 5741" EAST, A DISTANCE OF 191.20 FEET TO THE DIVIDING LINE BETWEEN
SAID LOTS 3 AND 4; THENCE CONTINUE NORTH 89057'41" EAST ACROSS LOT 4, A DISTANCE OF
242.27 FEET TO THE WESTERLY RIGHT OF WAY LINE OF AFORESAID FEDERAL HIGHWAY; THENCE
RUN NORTH 24034'08" EAST ALONG THE SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 87.63
FEET TO THE POINT OF CURVATURE (P.C.) OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 3,784.83 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 1009'18.2", A DISTANCE OF 76.20 FEET TO THE NORTHERLY LINE OF
SAID LOT 4; THENCE RUN DUE WEST ALONG THE NORTHERLY LINE OF LOT 4, A DISTANCE OF 312.94
FEET TO THE DIVIDING LINE BETWEEN LOTS 3 AND 4; THENCE CONTINUE DUE WEST ALONG THE
NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 191.28 FEET TO THE POINT OF BEGINNING (P.O.B.).
AND
PARCEL: 1
BEING A PORTION OF THE SW '/a OF THE NE 1/4 OF THE NW '/a AND SE 1/4 OF THE NE 1/4 OF THE NW
'/a OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SW '/a OF NE 1/4 OF NW '/a LOCATED 273.00 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID SW 1/4; THENCE RUN EASTERLY PARALLEL TO AND
272.948 FEET NORTH OF THE SOUTH LINE OF SAID SW '/a AND SE 1/4 793.84 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY U.S. NO. 1; THENCE RUN NORTHEASTERLY ALONG SAID
RIGHT OF WAY 100.00 FEET; THENCE RUN WESTERLY PARALLEL TO AND 363.91 FEET NORTH OF THE
SOUTH LINE OF SAID SW '/a AND SE 1/4 837.29 FEET TO THE SAID WEST LINE OF SW 1/4; THENCE
RUN SOUTHERLY ALONG SAID WEST LINE 90.98 FEET TO THE POINT OF BEGINNING.
PARCEL: 2
THAT PART OF LOTS 3 AND 4, BLOCK 3 OF HALLANDALE, LYING WESTERLY OF THE RIGHT OF WAY OF
STATE ROAD #4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK-B", AT PAGE 13 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 3, BLOCK 3, SAID
POINT BEING 150.05 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 3, RUN THENCE
EASTERLY ON THE LINE PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, A DISTANCE OF 908.47
FEET TO A POINT BEING ON THE WESTERLY LINE OF STATE ROAD #4 OR FEDERAL HIGHWAY U.S. #1;
THENCE RUN IN A SOUTHWESTERLY DIRECTION ON THE WESTERLY LINE OF STATE ROAD #4 A
DISTANCE OF 163.80 FEET TO A POINT; THENCE RUN ALONG A LINE DEFLECTING TO THE RIGHT
114031'49" SAID LINE BEING PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, BLOCK 3, A
DISTANCE OF 837.29 FEET TO A POINT THENCE ALONG A LINE DEFLECTING 91031'03",TO THE RIGHT
ALONG THE WESTERLY LINE OF LOT 3, BLOCK 3, A DISTANCE OF 149.05 FEET TO THE POINT OF
BEGINNING, IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA.
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-
171(B)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW 60 PARKING SPACES WHERE 103 PARKING SPACES ARE
REQUIRED; GRANTING A VARIANCE FROM SECTION 31-144(F)(4)D3
TO PERMIT 28% OF THE TOTAL LOT AREA TO BE LANDSCAPED
OPEN SPACE WHERE 33% OF THE TOTAL LOT AREA IS REQUIRED
TO BE LANDSCAPED OPEN SPACE FOR THE PROPERTY LOCATED
AT 21280-21288 BISCAYNE BOULEVARD; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property, legally described in Exhibit "A", is zoned MO, Medical
Office District; and
WHEREAS, the applicant, PS Aventura Biscayne 2013 LLC and Public Storage
Properties VI, Inc. (collectively "Public Storage"), through Application No. VAR2310-
0001("Application"), is requesting a variance from Section 31-171(b)(7) of the City Code
to permit 60 parking spaces when 103 parking spaces are required; and
WHEREAS, Public Storage, through the same Application, is requesting a
variance from Section 31-144(f)(4)d.3 to permit 28% of landscaped open space where
33% of the total lot area is required to be landscaped open space; and
WHEREAS, following proper notice, the City Commission held a public hearing as
provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for variance from Section 31-171(b)(7) of the City Code to
permit 60 parking spaces where 103 are required and variance from Section 31-
144(f)(4)d.3 to permit 28% of landscaped open space where 33% of the total lot area is
required, at the Property legally described in Exhibit "A", is hereby granted exclusively to
the applicant.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
City of Aventura Resolution No. 2023-
Section 3. Issuance of this development order by the City of Aventura does not in
any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. All applicable state and federal permits must be
obtained before commencement of the development. This condition is included pursuant
to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
ATTEST: MAYOR
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 3
City of Aventura Resolution No. 2023-
EXHIBIT"A"
Legal Description
THAT PART OF LOTS 3 AND 4, BLOCK 3, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF
FEDERAL HIGHWAY, ALSO KNOWN AS STATE ROAD NO. 4 AND US NO. 1, AS SAID LOTS AND BLOCK
ARE SHOWN ON MAP OF HALLANDALE; RECORDED IN PLAT BOOK B, AT PAGE 13, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. ALL BEING LOCATED IN THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA; SAID PART OF LOTS 3 AND 4 BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE (P.O.C.) AT THE NORTHWEST CORNER OF SAID LOT 3 AND RUN DUE EAST ON AN
ASSUMED BEARING, ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 475.00, FEET TO
THE POINT OF BEGINNING (P.O.B.)THENCE RUN SOUTH 1°15'32" EAST, A DISTANCE OF 149.73 FEET;
THENCE RUN NORTH 890 57'41" EAST, A DISTANCE OF 191.20 FEET TO THE DIVIDING LINE BETWEEN
SAID LOTS 3 AND 4; THENCE CONTINUE NORTH 89057'41" EAST ACROSS LOT 4, A DISTANCE OF
242.27 FEET TO THE WESTERLY RIGHT OF WAY LINE OF AFORESAID FEDERAL HIGHWAY; THENCE
RUN NORTH 24034'08" EAST ALONG THE SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 87.63
FEET TO THE POINT OF CURVATURE (P.C.) OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 3,784.83 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 1009'18.2", A DISTANCE OF 76.20 FEET TO THE NORTHERLY LINE OF
SAID LOT 4; THENCE RUN DUE WEST ALONG THE NORTHERLY LINE OF LOT 4, A DISTANCE OF 312.94
FEET TO THE DIVIDING LINE BETWEEN LOTS 3 AND 4; THENCE CONTINUE DUE WEST ALONG THE
NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 191.28 FEET TO THE POINT OF BEGINNING (P.O.B.).
AND
PARCEL: 1
BEING A PORTION OF THE SW '/a OF THE NE '/a OF THE NW '/a AND SE '/a OF THE NE '/a OF THE NW
'/a OF SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SW '/a OF NE '/a OF NW '/a LOCATED 273.00 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID SW 1/4; THENCE RUN EASTERLY PARALLEL TO AND
272.948 FEET NORTH OF THE SOUTH LINE OF SAID SW '/a AND SE '/a 793.84 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF FEDERAL HIGHWAY U.S. NO. 1; THENCE RUN NORTHEASTERLY ALONG SAID
RIGHT OF WAY 100.00 FEET; THENCE RUN WESTERLY PARALLEL TO AND 363.91 FEET NORTH OF THE
SOUTH LINE OF SAID SW '/a AND SE '/a 837.29 FEET TO THE SAID WEST LINE OF SW 1/4; THENCE
RUN SOUTHERLY ALONG SAID WEST LINE 90.98 FEET TO THE POINT OF BEGINNING.
PARCEL: 2
THAT PART OF LOTS 3 AND 4, BLOCK 3 OF HALLANDALE, LYING WESTERLY OF THE RIGHT OF WAY OF
STATE ROAD #4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK-B", AT PAGE 13 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 3, BLOCK 3, SAID
POINT BEING 150.05 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 3, RUN THENCE
EASTERLY ON THE LINE PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, A DISTANCE OF 908.47
FEET TO A POINT BEING ON THE WESTERLY LINE OF STATE ROAD #4 OR FEDERAL HIGHWAY U.S. #1;
THENCE RUN IN A SOUTHWESTERLY DIRECTION ON THE WESTERLY LINE OF STATE ROAD #4 A
DISTANCE OF 163.80 FEET TO A POINT; THENCE RUN ALONG A LINE DEFLECTING TO THE RIGHT
114031'49" SAID LINE BEING PARALLEL TO THE SOUTH LINE OF SAID LOTS 3 AND 4, BLOCK 3, A
DISTANCE OF 837.29 FEET TO A POINT THENCE ALONG A LINE DEFLECTING 91031'03", TO THE RIGHT
ALONG THE WESTERLY LINE OF LOT 3, BLOCK 3, A DISTANCE OF 149.05 FEET TO THE POINT OF
BEGINNING, IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA.
Page 3 of 3
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission Ile
FROM: Ronald J. Wasson
City Manager
BY: Keven Klopp?W
Community Development Director
DATE: June 2, 2023
SUBJECT: Application by Got183 LLC for Amendment to the Text of the City of
Aventura Comprehensive Plan by Adding High Density Residential
Land Use Category to Objective 2 Policy 2.1 of the Future Land Use
Element
City Case File CPA2305-0002
June 6, 2023 Local Planning Agency Meeting Agenda
June 6, 2023 City Commission Meeting Agenda (First Reading)
July 11, 2023 City Commission Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve the amendment to Policy 2.1 of the
Future Land Use Element of the City of Aventura (the "City") Comprehensive Plan as
described below.
THE REQUEST
The applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg, on behalf of Got183 LLC, is
requesting an amendment to Policy 2.1 of the Future Land Use Element of the City's
Comprehensive Plan to include a High Density residential land use category. The
applicant's Letter of Intent is attached as Exhibit#1 of this report.
BACKGROUND
Although a text amendment to the City's Comprehensive Plan is not property specific, the
proposed amendment will facilitate the development of property located along NE of 183rd
Street in the area east of Biscayne Boulevard, further east of NE 27t" Avenue, with
address 2785 NE 183 Street (the "Property"). The applicant has provided conceptual
drawings for the development of a 21-story multi-family residential building to be
constructed on the existing 1.55-acre vacant lot. A rendering of the development is
attached as Exhibit #2 of this staff report.
The amendment requested by the applicant is to allow residential uses with a range of
densities from 60 to 90 dwelling units per acre on parcels that are within one quarter mile
of Biscayne Boulevard and adjacent to existing developments with densities of 60
dwelling units per acre of greater.
The existing Medium-High Density residential land use category in the Future Land Use
Element of the City's Comprehensive Plan currently allows a maximum residential density
range of 25 to 60 dwelling units per gross acre. Approval of the creation of a High Density
residential land use category is required to allow the proposed residential development.
The development proposal will also require other approvals. First, an amendment to the
Future Land Use Map (the "FLUM") that will change the designation of the property from
the Medium-High Density designation to the High Density residential designation. Then,
a revision to the City's Land Development Regulations ("LDRs") in order to create a new
high density residential zoning district that will allow densities of up to 90 dwelling units
per acre subject to Conditional Use approval. Finally, a change to the City's Zoning Map
that will change the designation of the Property from Medium-High Density Residential
(RM4) to the newly created zoning district. The applicant has submitted applications to
amend the FLUM, the LDRs and the City's Zoning Map to be processed concurrently,
and which are the subjects of separate staff reports and ordinances on the June 6 Local
Planning Agency and City Commission agendas.
If the proposed amendments to the Comprehensive Plan, FLUM, LDRs, and Zoning Map
are approved, the next step in the development process will be the review of the proposed
site plan and a subsequent application for Conditional Use approval to be presented to
the City Commission at a public hearing.
THE PROPOSED AMENDMENT
The proposed amendment is to Policy 2.1 of the Future Land Use Element of the
Comprehensive Plan as follows':
FUTURE LAND USE ELEMENT
LAND USE GOAL
Provide the best possible distribution of land use and services to meet the physical, social, cultural and
economic needs of the present and future populations of the City.
OBJECTIVE 2
' Underlined text indicates insertions. Stricken-through text indicates deletions.
2
Bilzin Sumberg
Brian S.Adler, Esq.
Tel 305.350.2351
Fax 305.351.2206
badler(@bilzin.com
I
May 16, 2023
Mr. Keven Klopp
i
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Applications to Amend City of Aventura Comprehensive Plan Text, Future
Land Use Map, Land Development Regulations Text, and Zoning Map
2785 NE 183rd Street, Aventura, Florida
Folio Numbers 28-2203-000-0250 and -0273 (the "Property")
Dear Mr. Klopp:
Letter of Intent
This firm represents Got183 LLC (the "Applicant") as the contract purchaser of the
above Property. Please consider this our formal letter of intent in connection with our
applications to amend the City of Aventura Comprehensive Plan text, Future Land Use
Map, Zoning Code text, and Zoning Map. Specifically, the Applicant is proposing (1) an
amendment to the text of the City of Aventura Comprehensive Plan (the "Comprehensive
Plan") to create a "High Density" residential land use category as well as a corresponding
City of Aventura Future Land Use Map (the "FLUM") amendment; (2) and an amendment
to Section 31-143 of the Land Development Regulations (a/k/a the Zoning Code) to
create the RMF5 residential zoning district as well as a corresponding amendment to the
City of Aventura Zoning Map (the "Zoning Map") (collectively, the "Proposed
Amendments").
A. The Property
The Property consists of approximately 1.55 acres located on NE 183rd Street, in
the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. The
Property is currently designated Medium-Density Residential on the Future Land Use
Map and is currently zoned RMF4. The Property is located within Miami-Dade County's
I
MIAMI 10525158.3 100992/302121
Bilzin Sumberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456
Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com
Mr. Keven Klopp
May 16, 2023 Page 2 Bilzin Sumberg
SMART Plan Corridor Buffer Area and in the Rapid Transit Zone "RTZ" and is located
within one quarter mile of Biscayne Boulevard.
Adjacent to the Property to the south at 2700 NE 183 Street is a multi-family
residential building known as Commodore Plaza, which includes 654 dwelling units on
8.5+/- acres for approximately 76.9 units per acre. Similarly, Del Prado and Imperial are
similarly developed at densities exceeding 70 dwelling units per acre. Further, Admiral's
Port, adjacent to the Property on the south is developed at approximately 90 dwelling
units per acre.
B. Proximity to Transit
The creation of the "High Density" residential land use and zoning categories as
proposed in Exhibit A and Exhibit B respectively, (and the corresponding FLUM and
zoning map amendments) are consistent with both the goals and policies of the City's
Comprehensive Plan and with the RTZ regulations. Notably, the proposed "High Density"
residential land use category would apply only to properties within one quarter mile of
Biscayne Boulevard and which are also adjacent to existing developments that already
exceed 60 dwelling units per acre.
The City's FLUM already identifies the High Density Residential in the adjacent
jurisdiction. Across the railroad on the West side of Biscayne Boulevard is the Ojus Urban
Center District, allowing up to 250 residential dwelling units per acre.
Comprehensive Plan Policy 4.4 of Objective 4 of the Transportation Goal identifies
the need for higher density residential areas to be located near transit service areas.
Additionally, the Transportation Goal on Page 37 of the Comprehensive Plan identifies
the promotion of public transit as a Transportation Goal. A County bus route runs along
Biscayne Boulevard and the Aventura Brightline Station is located just west of Biscayne
Boulevard. Accordingly, tying the "High Density" residential land use category to a
distance of one quarter mile from Biscayne Boulevard is consistent with the policies of
the Comprehensive Plan, which aims to locate the highest levels of density near transit
service areas.
C. Compatibility
Comprehensive Plan Objective 1, Policy 1.4 of the Land Use Goal, identifies that
density and intensity of development should reflect existing development patterns. Page
14 of the Comprehensive Plan, when describing the "Redevelopment Element",
emphasizes the importance of compatibility of new development and redevelopment with
existing development..." By positioning the proposed "High Density" residential Land Use
category adjacent to existing developments that already exceed 60 units per acre,
compatibility with surrounding properties is taken into account, while subjecting review to
conditional use approval to ensure compatibility is reviewed on a case by case basis. The
MIAMI 10525158.3 100992/302121
Mr. Keven Klopp
May 2023
Pagee 3 Bilzin Sumberg
3
proposed language and FLUM amendment prevent the "encroachment of incompatible
uses" as prioritized by Comprehensive Plan Objective 1, Policy 1.5 of the Land Use Goal.
The City's Comprehensive Plan currently provides for a maximum of 60 units per
acre under the "Medium-High Density" residential land use category. The County has a
"High Density" residential land use designation, which permits up to 125 units per acre
(and contains other urban areas along the transit corridor that allow up to 250 dwelling
units per acre). The County's Comprehensive Development Master Plan, page 34,
indicates that the "High Density" residential land use designation is to be "located within
certain municipalities where land costs are very high and where services will be able to
meet the demands." This contemplates the proposed land use category in a location such
as the City of Aventura.
D. Housing Needs
Additionally, numerous articles and studies highlight the shortage of housing in
Florida, including South Florida and the continued need for housing, in part due to the
influx of new residents to the state. Providing for a land use category that permits up to
90 units per acre in Aventura would be one way to address the housing shortage,
particularly since Aventura is a desirable place to live for those moving from New York or
California due to its diverse retail and restaurants.
E. Prior Declarations and Restrictions
As part of prior commercial approvals on the Property while it was under Miami-
Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the
eastern portion of the Property, so long as the property remained zoned commercial and
under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The
Property is no longer under the jurisdiction of Miami-Dade County; however, the
instruments illustrate the reservations, dating back to the early 1980's, that commercial
use may not be the ideal use on the Property. The proposed residential redevelopment
under the RMF5 district coincides with the historic limitation against commercial
structures on the Property. Although redevelopment will no longer be under the County
commercial zoning, thus rendering the restrictions obsolete, the proposed development
respects this historic limitation and proposes to preserve this area for the amenities and
landscaping.
F. The Amendment to the Zoning Code Meets the Standards Set Forth Under
City Code Section 31-77(g)
In accordance with City Code Section 31-77(f), the proposed Zoning Code
amendment meets the criteria for approval in that:
1. The proposed amendment is legally required.
MIAMI 10525158.3 100992/302121
Mr. Keven Klopp
May 16, 2023
Page 4 � Bilzin Sumberg
P
Upon approval of the amendment to the City's Comprehensive Plan Future Land
Use map, the amendment creating the RMF5 would be legally required.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
Upon approval of the amendment to the City's Comprehensive Plan Future Land
Use map, the rezoning to RMF5 would be consistent with the goals, objectives and
policies of the City's Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the
LDR.
The proposed amendment is consistent with the authority and purpose of the
LDR as it would implement further the Comprehensive Plan by establishing
regulations, procedures and standards for review and approval of High Density
residential designated Properties in the City.
4. The proposed amendment furthers the orderly development of the City.
The limitation that RMF5 development will occur only adjacent to existing
development exceeding 60 units per acre furthers orderly and harmonious
development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment includes a conditional use review by the City
Commission for certain uses, which will ensure that developments are consistent
with the will of the City.
G. The Rezoning Meets the Standards Set Forth Under City Code Section 31-
77
In accordance with City Code Section 31-77(f), the proposed Zoning Code
amendment meets the criteria for approval in that:
1. The proposed amendment is consistent with goals, objectives and policies of
the City's Comprehensive Plan.
Upon approval of the amendment to the City's Comprehensive Plan Future
Land Use map, the rezoning to RMF5 would be consistent with the goals,
objectives and policies of the City's Comprehensive Plan.
2. The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses.
MIAMI 10525158.3 100992/302121
Mr. Keven Klopp
May 16, 2023
Pages ilzin Sumberg
The proposed rezoning is consistent and compatible with the surrounding
area's designation and existing uses in that the RMF5 designation will be
limited to properties that abut existing developments that exceed 60 units per
acre.
3. The subject property is physically suitable for the uses permitted in the
proposed district.
As it applies to the Property, which is 1.55 acres in size, the uses permitted in
RMF5 are appropriate for the Property. As illustrated by the design of the
proposed building, and the efficient utilization of the site, the Property is
physically suitable for the proposed residential use.
4. There are sites available in other areas currently zoned for such use.
In addition to the Property, City staff has identified other sites that are being
rezoned for this use. Based on the limited sites for redevelopment of residential
properties east of Biscayne Boulevard, the proposed use will help meet the
ongoing demands for new residential units in this area.
5. If applicable, the proposed change will contribute to redevelopment of an area
in accordance with an approved redevelopment plan.
While not part of an approved redevelopment plan, the subject vacant site has
been ripe for redevelopment for many years. The proposed high profile
designed building will transform the dormant land into a vibrant new
development.
6. The proposed change would not adversely affect traffic patterns or
congestion.
Based on the trip comparison study, the proposed 139 residential dwelling units
generates only 48 AM peak hour trips and 56 PM peak hour trips where the
proposed development as of right, could develop a minimum of 43,800 square
feet of medical use, which would generate over twice as many AM peak hour
trips and more than three times the PM peak hour trips. See attached trip
generation comparison exhibits.
7. The proposed change would not adversely impact population density such
that the demand for water, sewers, streets, recreational areas and facilities,
and other public facilities and services would be adversely affected.
The proposed use will not have a negative impact on the water, sewer or other
levels of public facilities within a City, which will be evaluated for concurrency
as part of redevelopment of the site.
MIAMI 10525158.3 100992/302121
Mr. Keven Klopp
May 16, 2023 Page 6 Bilzin Sumberg
8. Whether the proposed change would have an adverse environmental impact
on the vicinity.
The proposed use will not have an adverse environmental impact on the
vicinity. As part of the development of the Property, the site will be reviewed
by the Miami-Dade County Division of Environmental Resources Management,
to ensure that the Property complies with the environmental regulations of the
County.
9. Whether the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed change would not adversely affect the health, safety and welfare
of the neighborhood or City as a whole in that the proposed development is for
139 residential dwelling units as opposed to a more intense commercial use.
H. Requests
The Property is currently designated "Medium-High Density" residential on the
FLUM, and is zoned RMF4 on the Zoning Map. Our client proposes to create a "High
Density" residential land use category in the Comprehensive Plan and re-designate the
Property to "High Density" residential on the FLUM. Similarly, our client proposes to
create an RMF5 zoning category and to rezone the Property to RMF5 consistent with the
proposed new residential Future Land Use Map designation.
As part of the proposed development, our client will be seeking two companion
applications to proceed simultaneously with second reading of the above applications, if
the City approves the applications of the first reading.
These companion applications would include a conditional use approval to allow
139 residential dwelling units where 116 residential dwelling units would be permitted as
of right in the RMF5 district. Additionally, our client will be seeking conditional use
approval related to FAR and the shadow provision.
I. Proposed Development
Attached are the conceptual plans for development that our client proposes to
present for conditional use approval. Known for their forward thinking and innovative
designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the
defining focal point in the area. The emblematic structure features a fluid curved flow that
is carried through the parking garage to create a seamless flow in a truly unique shape,
worthy of the approval for new development in Aventura.
The 22-story structure includes a four-story pedestal consisting of a lined and
screened parking deck with a connected curvilinear matching tower. The development
MIAMI 10525158.3 100992/302121
Mr. Keven Klopp
May 16, 2023 Page 7 Bilzin Sumberg
has been designed such that the portion of the L-shaped Property backing up to the RMF4
designated townhouses to the north will feature an attractive and active green space with
tennis courts a swimming pool and will provide attractive and serene views from all sides.
J. Conclusion
The proposed modifications to the Comprehensive Plan, the Future Land Use
Map, the land development regulation text, and the Zoning Map will allow this vacant and
historically underutilized Property to transform into an iconic building that Aventura will be
proud to feature in its City. The proposed development features 139 one-, two- and three-
bedroom condominium homes that are both attractive and functional, with an attractive
ground level amenities area defining much of the frontage of the site.
We respectfully request your favorable review of the Proposed Amendments.
Thank you for your review of the foregoing. Should you have any questions, please
do not hesitate to contact me at (305) 350-2351.
Ve truly yours,
Brian S. Adler
MIAMI 10525158.3 100992/302121
EXHIBIT A
Proposed Comprehensive Development Master Plan Amendment
Land Use Element
Objective 2
Policy 2.1
The Future Land Use map shall identify all residential land as one of the following Residential Land Use
Categories:
Low Density.The residential densities allowed in this category shall range from a minimum of 2.5 to a
maximum of 6.0 dwelling units per gross acre.This density category is generally characterized by single-
family housing (e.g., single family detached, cluster, zero-lot-line and townhouses). It could include low-
rise apartments with extensive surrounding open space or a mixture of housing types provided that the
maximum gross density is not exceeded.
Low-Medium Density.This category allows a range in density from a minimum of 6.0 to a maximum of
13 dwelling units per gross acre.The types of housing typically found in areas designated low-medium
density include single-family homes, townhouses and low-rise apartments. Zero-lot-line single-family
developments in this category shall not exceed a density of 7.0 dwelling units per gross acre.
Medium Density.This category allows a range of densities from 13 to 25 dwelling units per gross acre.
The types of housing structure typically permitted in this category include townhouses and low-rise and
medium-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes
and townhouses.
Medium-High Density.This category allows a range of densities from 25 to 60 dwelling units per gross
acre. In this category, the height of buildings, and, therefore, the attainment of densities approaching
the maximum, depends to a great extent on the dimensions of the site, conditions such as location and
availability of services, zoning, type of housing structure, the ability to provide sufficient off-street
parking, and the compatibility with and impact of the development on surrounding areas.The type of
housing structure typically permitted in this category includes low, medium and high-rise apartments,
but may also include single family detached, duplexes,triplexes, quadruplexes, townhouses and Limited-
Service Hotel in combination with Multifamily Residential Use. Additionally, the height of buildings and
attainment of densities approaching the maximum shall also be contingent on the ability of the
developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to
alleviate impacts that will adversely impact service levels and quality of life.
High Density.This category allows a range of densities from 60 to 90 dwelling units per gross acre on
parcels that are within one quarter mile of Biscayne Boulevard and which are adjacent to developments
that exist as of July 1, 2023 which are developed at a density of 60 units per gross acre or greater. In this
category, the height of buildings, and, therefore, the attainment of densities approaching the maximum,
MIAMI 10448043.2 100992/302121
5/16/2023 1:56 PM
depends to a great extent on the dimensions of the site, conditions such as location and availability of
services, zoning, type of housing structure,the ability to provide sufficient off-street parking, and the
compatibility with and impact of the development on surrounding areas.The type of housing structure
typically permitted in this category includes low, medium and high-rise apartments, but may also include
single family detached, duplexes, triplexes, quadruplexes, and townhouses.
MIAMI 10448043.2 100992/302121
5/16/2023 1:56 PM
EXHIBIT B
Sec. 31-143. Residential Zoning Districts.
(h) Multifamily High Density Residential Districts(RMFS). The following regulations shall apply to all RMFS
Districts.
(1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for the
development of well-planned,environmentally compatible high density multifamily residential use in
areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not
exceed 75 units per gross acre.
(2) Uses permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used
in whole or part for other than one or more of the following specific uses:
a. All Uses permitted in the RMF4 District other than limited service hotels.
(2a) Conditional uses.The following uses may be established if first approved as a conditional use:
a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.
b. Uses that exceed the height limitation,to a maximum height of 30 stories or 300 feet,or to a
maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant
to section 3 of Ordinance 2005-07.
C. Buildings designed and situated in a way that they cast a shadow upon properties located in
Business Zoning Districts defined under Section 31-144.
d. Uses that exceed the density limitation,to a maximum of 90 dwelling units per gross acre.
e. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants; and;that
increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site,all in an amount equal to the requested increased lot coverage.
f. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code, increased floor area ratio.
(3) Site development standards.
a. Minimum lot area and width:
1. Duplexes,townhouses, low-and mid-rise [apartments]:As required in the RMF3 and
RMF3AZoning Districts.
2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area.
b. Maximum height:
1. Duplexes:Two stories or 25 feet.
2. Townhouses:Three stories or 35 feet.
3. High-rise apartments: 25 stories or 250 feet.
MIAMI 10447813.2 100992/302121
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Created: 2023-03-14 12:45:34 [EST]
(Supp. No.45)
Page 1 of 3
Each proposed building or structure which exceeds 100 feet in height shall be designed and
situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of
41 degrees)will not fall on any adjacent property except for public road rights-of-way, public or
private waterways and docks. Shadow studies shall be provided to the Community Development
Department.
C. Plot coverage:The combined plot area covered by all principal and accessory buildings shall not
exceed 40 percent of the area of the lot.
d. Setbacks:
1. Front yards: Minimum of 25 feet in depth.
2. Side yards:
i. Townhouse and duplexes: Principal structure,ten feet. Upon corner plots in all
zoning districts included in this section there shall be a frontyard as herein
specified,and in addition thereto,a side yard at least 20 feet in width on the
side of the plot abutting on the side street.
ii. Low-, mid-and high-rise apartments: 25 feet in depth.
3. Rear yards: Minimum of 25 feet.
e. Minimum distances between buildings: Primary use buildings shall be separated by at least 30
feet at the closest point or by the sum of the building heights divided by two,whichever is
greater.
f. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas
shall be as follows:
Multiple-family dwelling unit:
Efficiency unit:800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1,050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 20 percent of the total number of units within a building.
g. Minimum open space:40 percent of the total lot area.Said open space shall be unencumbered
with any structure or off-street parking,and shall be landscaped and well maintained with grass,
trees, and shrubbery.
h. Accessibility:All multi-family development projects within the zoning district shall provide a
walkway that links buildings and parking areas to onsite amenities.
i. Floor area ratio:The floor area ratio shall not exceed the following, provided, however,that
structure parking shall not count as a part of the floor area, but shall be counted in computing
building height.
Height of Building Floor Area Ratio
1 story 0.40
2 story 0.60
MIAMI 10447813.2 100992/302121
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Created: 2023-03-14 12:45:34 [EST]
(Supp. No.45)
Page 2 of 3
3 story 0.80
4 story 1.00
5 story 1.20
6 story 1.40
7 story 1.60
8 story 1.80
9 story or over 2.00
j. Development shall be subject to the criteria set out in this section. Redevelopment shall follow
the site development standards with the exception that any property on which the density
allowed by the site development standards is exceeded by existing development,the new density
on redevelopment shall not exceed that allowed in the site development standards and further
provided that if development has received site plan approval, is under construction or existed
prior to the effective date of this provision with density lower than allowed by this section,
redevelopment shall be limited to that lower density and to the existing number of bedrooms,
unless otherwise provided by expressly authorized conditional use approval.
(4) Aboveground storage tanks. Aboveground storage tanks(AST)are permitted as a conditional use only
as an accessory use and only for the purpose of storing fuel for emergency generators.ASTs must
conform to the following requirements:
a. Be of 2,000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department of
Environmental Resources Management.
C. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or
gate.Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the RMF4 zoning
district.
Installation of any AST shall require a building permit from the City.Application for building permit
shall be accompanied by a site plan indicating the location of the AST relative to property lines,the
primary structure served by the AST,any other structures within 300 feet as well as a landscape plan
prepared by a Florida licensed architect or landscape architect and other supporting documentation as
deemed necessary by the City Manager or designee.
MIAMI 10447813.2 100992/302121
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Created: 2023-03-14 12:45:34 [EST]
(Supp. No.45)
Page 3 of 3
The following land use densities, intensities and approaches shall be incorporated in the Land Development
Regulations.
Measure: Incorporation of the stated land use designations into the Land Development Regulations.
Policy 2.1
The Future Land Use map shall identify all nonresidential land as one of the following nonresidential land
use categories:
Medium-High Density. This category allows a range of densities from 25 to 60 dwelling units per gross
acre. In this category, the height of buildings, and, therefore, the attainment of densities approaching the
maximum, depends to a great extent on the dimensions of the site, conditions such as location and
availability of services, zoning, type of housing structure, the ability to provide sufficient off-street parking,
and the compatibility with and impact of the development on surrounding areas. The type of housing
structure typically permitted in this category includes low, medium and high-rise apartments, but may also
include single family detached, duplexes, triplexes, quadruplexes and townhouses. Additionally, the height
of buildings and attainment of densities approaching the maximum shall also be contingent on the ability of
the developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to
alleviate impacts that will adversely impact service levels and quality of life.
High Density. This category allows a range of densities from 60 to 90 dwelling units per gross acre on
parcels that are within one quarter mile of Biscayne Boulevard and which are adjacent to developments
that exist as of July 1, 2023 which are developed at a density of 60 units per gross acre or greater. In this
category, the height of buildings, and, therefore, the attainment of densities approaching the maximum,
depends to a great extent on the dimensions of the site, conditions such as location and availability of
services, zoning, type of housing structure, the ability to provide sufficient off-street parking, and the
compatibility with and impact of the development on surrounding areas. The type of housing structure
typically permitted in this category includes low, medium and high-rise apartments, but may also include
single family detached, duplexes, triplexes, quadruplexes, and townhouses.
ANALYSIS
Section 31-53 of the City's Land Development Regulations provides that the text of the
Comprehensive Plan may be amended by application of any person, board, agency or
their authorized representative. The application has been submitted by the proposed
developer in accordance with that section.
This amendment, if approved, will facilitate the development of a vacant lot of 1.55 acres
in the Rapid Transit Zone designated area of the City. The applicant's attached Letter of
Intent describes the consistency of its requests with the goals and objectives of the City's
Comprehensive Plan.
Notice of the proposed amendment has been published in accordance with Section 31-
53 of the City Code and Section 163.3184 of the Florida Statutes. If adopted by the City
Commission, a copy of the ordinance will be transmitted for comment to the review
agencies listed in Section 163.3184 of the Florida Statutes. That legislation provides that
comments are to be provided within 30 days of receipt. Staff will present the ordinance to
the City Commission for second reading once comments are received and addressed.
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CITY OF AVENTURA ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING
OBJECTIVE 2, POLICY 2.1 OF THE LAND USE GOAL IN THE FUTURE
LAND USE ELEMENT TO CREATE A HIGH-DENSITY RESIDENTIAL
LAND USE CATEGORY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN;
AUTHORIZING TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Department of Economic Opportunity of the State of Florida found
the City of Aventura Comprehensive Plan (the "Plan") in compliance in August 2022; and
WHEREAS, the Applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg, on behalf of
Got183 LLC, has requested from the City of Aventura (the "City") through Application No.
CPA2305-0002, to amend Policy 2.1, Objective 2, of the Land Use Goal in the Future
Land Use Element of the Plan, by creating a"High Density Residential" land use category;
and
WHEREAS, the Applicant, through Application No. LDR2305-0002, has made
concurrent application to the City to amend Section 31-143, Residential Zoning Districts,
of the City's Land Development Regulations to allow increased density to implement the
above described amendment to the Plan, which application is contingent upon the plan
amendment transmitted becoming effective; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise consistent
with the goals, objectives and policies of the Plan; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
and has recommended approval to the City Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with the law; and
WHEREAS, the City Commission believes the amendment will maintain the unique
aesthetic character of the City and improve the quality of life for its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
City of Aventura Ordinance No. 2023-
Section 2. Amendment to the Comprehensive Plan. That Objective 2, Policy
2.1 of the Land Use Goal in the Future Land Use Element of the City of Aventura
Comprehensive Plan is hereby amended as follows':
FUTURE LAND USE ELEMENT
LAND USE GOAL
Provide the best possible distribution of land use and services to meet the physical, social,
cultural and economic needs of the present and future populations of the City.
OBJECTIVE 2
The following land use densities, intensities and approaches shall be incorporated in the
Land Development Regulations.
Measure: Incorporation of the stated land use designations into the Land Development
Regulations.
Policy 2.1
The Future Land Use map shall identify all nonresidential land as one of the following
nonresidential land use categories-
Medium-High Density. This category allows a range of densities from 25 to 60 dwelling
units per gross acre. In this category, the height of buildings, and, therefore, the
attainment of densities approaching the maximum, depends to a great extent on the
dimensions of the site, conditions such as location and availability of services, zoning,
type of housing structure, the ability to provide sufficient off-street parking, and the
compatibility with and impact of the development on surrounding areas. The type of
housing structure typically permitted in this category includes low, medium and high-rise
apartments, but may also include single family detached, duplexes, triplexes,
quadruplexes and townhouses. Additionally, the height of buildings and attainment of
densities approaching the maximum shall also be contingent on the ability of the
developer to ensure appropriate transitions and buffers with the surrounding
neighborhood, and to alleviate impacts that will adversely impact service levels and
quality of life.
Underlined text indicates additions. Stricken-through text indicates deletions. Double underline indicates
changes made between first and second reading.
Page 2 of 5
City of Aventura Ordinance No. 2023-
High Density. This category allows a range of densities from 60 to 90 dwelling units per
gross acre on parcels that are within one quarter mile of Biscayne Boulevard (the Transit
Zone) and which are adjacent to developments that exist as of July 1. 2023 which are
developed at a density of 60 units per gross acre or greater. In this category, the height
of buildings, and, therefore, the attainment of densities approaching the maximum,
depends to a great extent on the dimensions of the site, conditions such as location and
availability of services, zoning, type of housing structure, the ability to provide sufficient
off-street parking, and the compatibility with and impact of the development on
surrounding areas. The type of housing structure typically permitted in this category
includes low, medium and high-rise apartments, but may also include single family
detached, duplexes, triplexes, quadruplexes, and townhouses.
Section 3. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Comprehensive Plan. That it is the intention of the
City Commission and it is hereby ordained that the provisions of this Ordinance shall
become and made a part of the Comprehensive Plan of the City of Aventura.
Section 5. Transmittal. That the City Clerk is directed to transmit the amendment
to the State of Florida Department of Economic Opportunity and to all review agencies
required by Section 163.3184 of the Florida Statutes.
Section 6. Effective Date. That the effective date of this plan amendment, if the
amendment is not timely challenged, shall be 31 days after the state land planning agency
notifies the local government that the plan amendment package is complete. If the
amendment is timely challenged, this amendment shall become effective on the date the
state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders,
development permits, or development dependent on this amendment may be issued or
commence before it has become effective.
Page 3 of 5
City of Aventura Ordinance No. 2023-
The foregoing Ordinance was offered by Commissioner who moved its
adoption on first reading. The motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Amit Bloom
Mayor Howard S. Weinberg
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. The motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Amit Bloom
Mayor Howard S. Weinberg
PASSED on first reading this 6th day of June, 2023.
PASSED AND ADOPTED on second reading this 11t" day of July, 2023.
Page 4 of 5
City of Aventura Ordinance No. 2023-_
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of , 2023.
CITY CLERK
Page 5 of 5
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
BY: Keven Klopp
Community Development Director
DATE: June 2, 2023
SUBJECT: Application by Got183 LLC to Amend the City of Aventura
Comprehensive Plan by Amending the City of Aventura Future Land
Use Map Designation of Land Located at 2785 NE 183 Street
City Case File ACP2305-0001
June 6, 2023 Local Planning Agency Meeting Agenda
June 6, 2023 City Commission Meeting Agenda (First Reading)
July 11, 2023 City Commission Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve the amendment to the City of
Aventura Future Land Use Map (the "FLUM") as described below.
THE REQUEST
The applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg, on behalf of Got183 LLC, is
requesting an amendment to the FLUM by changing the designation of land located on
2785 NE 183 Street and from Medium Density Residential to High Density Residential.
The applicant's Letter of Intent is attached as Exhibit #1 of this report.
BACKGROUND
The proposed amendment will facilitate the development of property located along NE of
183rd Street in the area east of Biscayne Boulevard, further east of NE 27t"Avenue, legally
described on Exhibit#2 (the "Property"). The applicant has provided conceptual drawings
for the development of a 21-story multi-family residential building to be constructed in the
existing 1.55-acre vacant lot. A rendering of the development is attached as Exhibit#3 of
this staff report.
The Property's current designation of Medium-High Density Residential land use category
in the FLUM allows a maximum residential density range of 25 to 60 dwelling units per
gross acre. Approval of the designation of High Density Residential land use category is
required to allow the proposed development. The High Density Residential land use
category will allow a density range of 60 to 90 dwelling units per gross acre.
The development proposal will also require other approvals. First, an amendment to the
Future Land Use Element of the City of Aventura Comprehensive Plan (the "Plan") to
create the High Density Residential land use category. Then, a revision to the City's Land
Development Regulations ("LDRs") in order to create a new high density residential
zoning district that will allow densities of up to 90 dwelling units per acre subject to
Conditional Use approval. And finally, a change to the City's Zoning Map that will change
the designation of the Property from High Density Residential (RMF4) to the newly
created zoning district. The applicant has submitted applications to amend the Plan, the
LDRs and the City's Zoning Map to be processed concurrently, and which are the subjects
of separate staff reports and ordinances on the June 6 Local Planning Agency and City
Commission agendas.
If the proposed amendments to the Comprehensive Plan, FLUM, LDRs, and Zoning Map
are approved, the next step in the development process will be the review of the proposed
site plan and a subsequent application for Conditional Use approval to be presented to
the City Commission at a public hearing.
ANALYSIS
Section 31-53 of the City's Land Development Regulations provides that the FLUM may
be amended by application of City Administration, City Commission or an owner of
property subject to the amendment. The application has been submitted by the proposed
developer in accordance with that section.
This amendment, if approved, will facilitate the development of a vacant lot of 1.55 acres
in the Rapid Transit Zone designated area of the City. The applicant's attached Letter of
Intent describes the consistency of its requests with the goals and objectives of the City's
Comprehensive Plan.
Notice of the proposed amendment has been published in accordance with Section 31-
53 of the City Code and Section 163.3184 of the Florida Statutes. If adopted by the City
Commission, a copy of the ordinance will be transmitted for comment to the review
agencies listed in Section 163.3184 of the Florida Statutes. That legislation provides that
comments are to be provided within 30 days of receipt. Staff will present the ordinance to
the City Commission for second reading once comments are received and addressed.
2
EXHIBIT#1
s4 Bilzin Sumberg
Brian S.Adler,Esq.
- 305.350,2351
305.351.2206
badlera, ilzin_�om
May 16, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Applications to Amend City of Aventura Comprehensive Plan Text, Future
Land Use Map, Land Development Regulations Text, and Zoning Map
2785 NE 183rd Street, Aventura, Florida
Folio Numbers 28-2203-000-0250 and -0273 (the "Property")
Dear Mr. Klopp:
Letter of Intent
This firm represents Got 183 LLC (the "Applicant") as the contract purchaser of the
above Property. Please consider this our formal letter of intent in connection with our
applications to amend the City of Aventura Comprehensive Plan text, Future Land Use
Map, Zoning Code text, and Zoning Map. Specifically, the Applicant is proposing (1) an
amendment to the text of the City of Aventura Comprehensive Plan (the "Comprehensive
Plan") to create a "High Density" residential land use category as well as a corresponding
City of Aventura Future Land Use Map (the "FLUM") amendment; (2) and an amendment
to Section 31-143 of the Land Development Regulations (alkla the Zoning Code) to
create the RMF5 residential zoning district as well as a corresponding amendment to the
City of Aventura Zoning Map (the "Zoning Map") (collectively, the "Proposed
Amendments").
A. The Property
The Property consists of approximately 1.55 acres located on NE 183rd Street, in
the area east of Biscayne Boulevard, situated further east of NE 271h Avenue. The
Property is currently designated Medium-Density Residential on the Future Land Use
Map and is currently zoned RMF4. The Property is located within Miami-Dade County's
M IAM 110525158.3 100992/302121
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Mr.Keven Klopp 1
May16, 2023 Bllzln Sumberg
Page 2
�. 1
SMART Plan Corridor Buffer Area and in the Rapid Transit Zone "RTZ" and is located
within one quarter mile of Biscayne Boulevard.
Adjacent to the Property to the south at 2700 NE 183 Street is a multi-family
residential building known as Commodore Plaza, which includes 654 dwelling units on
8.5+1- acres for approximately 76.9 units per acre. Similarly, Del Prado and Imperial are
similarly developed at densities exceeding 70 dwelling units per acre. Further, Admiral's
Port, adjacent to the Property on the south is developed at approximately 90 dwelling
units per acre.
B. Proximity to Transit
The creation of the "High Density" residential land use and zoning categories as
proposed in Exhibit A and Exhibit B respectively, (and the corresponding FLUM and
zoning map amendments) are consistent with both the goals and policies of the City's
Comprehensive Plan and with the RTZ regulations. Notably, the proposed "High Density"
residential land use category would apply only to properties within one quarter mile of
Biscayne Boulevard and which are also adjacent to existing developments that already
exceed 60 dwelling units per acre.
The City's FLUM already identifies the High Density Residential in the adjacent
jurisdiction. Across the railroad on the West side of Biscayne Boulevard is the Ojus Urban
Center District, allowing up to 250 residential dwelling units per acre.
Comprehensive Plan Policy 4.4 of Objective 4 of the Transportation Goal identifies
the need for higher density residential areas to be located near transit service areas.
Additionally, the Transportation Goal on Page 37 of the Comprehensive Plan identifies
the promotion of public transit as a Transportation Goal. A County bus route runs along
Biscayne Boulevard and the Aventura Brightline Station is located just west of Biscayne
Boulevard. Accordingly, tying the "High Density" residential land use category to a
distance of one quarter mile from Biscayne Boulevard is consistent with the policies of
the Comprehensive Plan, which aims to locate the highest levels of density near transit
service areas.
C. Compatibility
Comprehensive Plan Objective 1, Policy 1.4 of the Land Use Goal, identifies that
density and intensity of development should reflect existing development patterns. Page
14 of the Comprehensive Plan, when describing the "Redevelopment Element",
emphasizes the importance of compatibility of new development and redevelopment with
existing development..." By positioning the proposed "High ❑ensity" residential Land Use
category adjacent to existing developments that already exceed 60 units per acre,
compatibility with surrounding properties is taken into account, while subjecting review to
conditional use approval to ensure compatibility is reviewed on a case by case basis. The
MI AM 114525138.3 I OQ99213 02 1 2 1
Mr. Keven Klopp
May i ,2Q23
3
Page 3 L Biizin Sumberg
proposed language and FLUM amendment prevent the "encroachment of incompatible
uses" as prioritized by Comprehensive Plan Objective 1, Policy 1.5 of the Land Use Goal.
The City's Comprehensive Plan currently provides for a maximum of 60 units per
acre under the "Medium-High Density" residential land use category. The County has a
"High Density" residential land use designation, which permits up to 125 units per acre
(and contains other urban areas along the transit corridor that allow up to 250 dwelling
units per acre). The County's Comprehensive Development Master Plan, page 34,
indicates that the "High Density" residential land use designation is to be "located within
certain municipalities where land costs are very high and where services will be able to
meet the demands."This contemplates the proposed land use category in a location such
as the City of Aventura.
D. Housinq Needs
Additionally, numerous articles and studies highlight the shortage of housing in
Florida, including South Florida and the continued need for housing, in part due to the
influx of new residents to the state. Providing for a land use category that permits up to
90 units per acre in Aventura would be one way to address the housing shortage,
particularly since Aventura is a desirable place to live for those moving from New York or
California due to its diverse retail and restaurants.
E. Prior Declarations and Restrictions
As part of prior commercial approvals on the Property while it was under Miami-
Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the
eastern portion of the Property, so long as the property remained zoned commercial and
under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The
Property is no longer under the jurisdiction of Miami-Dade County; however, the
instruments illustrate the reservations, dating back to the early 1980's, that commercial
use may not be the ideal use on the Property. The proposed residential redevelopment
under the RMF5 district coincides with the historic limitation against commercial
structures on the Property. Although redevelopment will no longer be under the County
commercial zoning, thus rendering the restrictions obsolete, the proposed development
respects this historic limitation and proposes to preserve this area for the amenities and
landscaping.
F. The Amendment to the Zoning Code Meets the Standards Set Forth Under
City Code Section 31-77(g)
In accordance with City Code Section 31-77(f), the proposed Zoning Code
amendment meets the criteria for approval in that:
1. The proposed amendment is legally required.
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Mr. Keven Klopp
May's,2023 Bilzin Sumberg
Page 4
Upon approval of the amendment to the City's Comprehensive Plan Future Land
Use map, the amendment creating the RMF5 would be legally required.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
Upon approval of the amendment to the City's Comprehensive Plan Future Land
Use map, the rezoning to RMF5 would be consistent with the goals, objectives and
policies of the City's Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the
LDR.
The proposed amendment is consistent with the authority and purpose of the
LDR as it would implement further the Comprehensive Plan by establishing
regulations, procedures and standards for review and approval of High Density
residential designated Properties in the City.
4. The proposed amendment furthers the orderly development of the City.
The limitation that RMF5 development will occur only adjacent to existing
development exceeding 60 units per acre furthers orderly and harmonious
development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment includes a conditional use review by the City
Commission for certain uses, which will ensure that developments are consistent
with the will of the City.
G. The Rezoning Meets the Standards Set Forth Under City Code Section 31-
77
In accordance with City Code Section 31-77(f), the proposed Zoning Code
amendment meets the criteria for approval in that:
1. The proposed amendment is consistent with goals, objectives and policies of
the City's Comprehensive Plan.
Upon approval of the amendment to the City's Comprehensive Plan Future
Land Use map, the rezoning to RMF5 would be consistent with the goals,
objectives and policies of the City's Comprehensive Plan.
2. The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses.
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May 16, 2423
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Page 5 Bilzin Sumberg
The proposed rezoning is consistent and compatible with the surrounding
area's designation and existing uses in that the RMF5 designation will be
limited to properties that abut existing developments that exceed 60 units per
acre.
3. The subject property is physically suitable for the uses permitted in the
proposed district.
As it applies to the Property, which is 1.55 acres in size, the uses permitted in
RMF5 are appropriate for the Property. As illustrated by the design of the
proposed building, and the efficient utilization of the site, the Property is
physically suitable for the proposed residential use.
4. There are sites available in other areas currently zoned for such use.
In addition to the Property, City staff has identified other sites that are being
rezoned for this use. Based on the limited sites for redevelopment of residential
properties east of Biscayne Boulevard, the proposed use will help meet the
ongoing demands for new residential units in this area.
5. If applicable, the proposed change will contribute to redevelopment of an area
in accordance with an approved redevelopment plan.
While not part of an approved redevelopment plan, the subject vacant site has
been ripe for redevelopment for many years. The proposed high profile
designed building will transform the dormant land into a vibrant new
development.
6. The proposed change would not adversely affect traffic patterns or
congestion.
Based on the trip comparison study, the proposed 139 residential dwelling units
generates only 48 AM peak hour trips and 56 PM peak hour trips where the
proposed development as of right, could develop a minimum of 43,800 square
feet of medical use, which would generate over twice as many AM peak hour
trips and more than three times the PM peak hour trips. See attached trip
generation comparison exhibits.
7. The proposed change would not adversely impact population density such
that the demand for water, sewers, streets, recreational areas and facilities,
and other public facilities and services would be adversely affected.
The proposed use will not have a negative impact on the water, sewer or other
levels of public facilities within a City, which will be evaluated for concurrency
as part of redevelopment of the site.
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May 96,2023 Page 8 .;= B11zin Sumberg
8. Whether the proposed change would have an adverse environmental impact
on the vicinity.
The proposed use will not have an adverse environmental impact on the
vicinity. As part of the development of the Property, the site will be reviewed
by the Miami-Dade County Division of Environmental Resources Management,
to ensure that the Property complies with the environmental regulations of the
County.
9. Whether the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed change would not adversely affect the health, safety and welfare
of the neighborhood or City as a whole in that the proposed development is for
139 residential dwelling units as opposed to a more intense commercial use.
H. Requests
The Property is currently designated "Medium-High Density" residential on the
FLUM, and is zoned RMF4 on the Zoning Map. Our client proposes to create a "High
Density" residential land use category in the Comprehensive Plan and re-designate the
Property to "High Density" residential on the FLUM. Similarly, our client proposes to
create an RMF5 zoning category and to rezone the Property to RMF5 consistent with the
proposed new residential Future Land Use Map designation.
As part of the proposed development, our client will be seeking two companion
applications to proceed simultaneously with second reading of the above applications, if
the City approves the applications of the first reading.
These companion applications would include a conditional use approval to allow
139 residential dwelling units where 116 residential dwelling units would be permitted as
of right in the RMF5 district. Additionally, our client will be seeking conditional use
approval related to FAR and the shadow provision.
I. Proposed Development
Attached are the conceptual plans for development that our client proposes to
present for conditional use approval. Known for their forward thinking and innovative
designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the
defining focal point in the area. The emblematic structure features a fluid curved flow that
is carried through the parking garage to create a seamless flow in a truly unique shape,
worthy of the approval for new development in Aventura.
The 22-story structure includes a four-story pedestal consisting of a lined and
screened parking deck with a connected curvilinear matching tower. The development
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May 16,2023
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Page 7 Bilzin Sumberg
has been designed such that the portion of the L-shaped Property backing up to the RMF4
designated townhouses to the north will feature an attractive and active green space with
tennis courts a swimming pool and will provide attractive and serene views from all sides.
J. Conclusion
The proposed modifications to the Comprehensive Plan, the Future Land Use
Map, the land development regulation text, and the Zoning Map will allow this vacant and
historically underutilized Property to transform into an iconic building that Ave ntura will be
proud to feature in its City. The proposed development features 139 one-, two- and three-
bedroom condominium homes that are both attractive and functional, with an attractive
ground level amenities area defining much of the frontage of the site.
We respectfully request your favorable review of the Proposed Amendments.
Thank you for your review of the foregoing. Should you have any questions, please
do not hesitate to contact me at (305) 350-2351.
i
ruly yours,
Brian S. Adler
M IAM 1 10525158.3 100992/302121
EXHIBIT A
Proposed Comprehensive Development Master Plan Amendment
Land Use Element
Objective 2
Policy 2.1
The Future Land Use map shall identify all residential land as one of the following Residential Land Use
Categories:
Low Density.The residential densities allowed in this category shall range from a minimum of 2.5 to a
maximum of 6.0 dwelling units per gross acre.This density category is generally characterized by single-
family housing (e.g., single family detached, cluster, zero-lot-line and townhouses). It could include low-
rise apartments with extensive surrounding open space or a mixture of housing types provided that the
maximum gross density is not exceeded.
Low-Medium Density.This category allows a range in density from a minimum of 6.0 to a maximum of
13 dwelling units per gross acre.The types of housing typically found in areas designated low-medium
density include single-family homes, townhouses and low-rise apartments. Zero-lot-line single-family
developments in this category shall not exceed a density of 7.0 dwelling units per gross acre.
Medium Density.This category allows a range of densities from 13 to 25 dwelling units per gross acre.
The types of housing structure typically permitted in this category include townhouses and low-rise and
medium-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes
and townhouses.
Medium-High Density.This category allows a range of densities from 25 to 60 dwelling units per gross
acre. In this category, the height of buildings, and, therefore, the attainment of densities approaching
the maximum, depends to a great extent on the dimensions of the site, conditions such as location and
availability of services, zoning, type of housing structure, the ability to provide sufficient off-street
parking, and the compatibility with and impact of the development on surrounding areas.The type of
housing structure typically permitted in this category includes low, medium and high-rise apartments,
but may also include single family detached, duplexes,triplexes, quadruplexes, townhouses and Limited-
Service Hotel in combination with Multifamily Residential Use. Additionally, the height of buildings and
attainment of densities approaching the maximum shall also be contingent on the ability of the
developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to
alleviate impacts that will adversely impact service levels and quality of life.
High Density.This category allows a range of densities from 60 to 90 dwelling units per gross acre on
parcels that are within one quarter mile of Biscayne Boulevard and which are adjacent to developments
that exist as of July 1, 2023 which are developed at a density of 60 units per gross acre or greater. In this
category, the height of buildings, and, therefore, the attainment of densities approaching the maximum,
MIAMI 10448043.2 100992/302121
5/16/2023 1:56 PM
depends to a great extent on the dimensions of the site, conditions such as location and availability of
services, zoning, type of housing structure,the ability to provide sufficient off-street parking, and the
compatibility with and impact of the development on surrounding areas.The type of housing structure
typically permitted in this category includes low, medium and high-rise apartments, but may also include
single family detached, duplexes, triplexes, quadruplexes, and townhouses.
MIAMI 10448043.2 100992/302121
5/16/2023 1:56 PM
EXHIBIT B
Sec. 31-143. Residential Zoning Districts.
(h) Multifamily High Density Residential Districts(RMFS). The following regulations shall apply to all RMFS
Districts.
(1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for the
development of well-planned,environmentally compatible high density multifamily residential use in
areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not
exceed 75 units per gross acre.
(2) Uses permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used
in whole or part for other than one or more of the following specific uses:
a. All Uses permitted in the RMF4 District other than limited service hotels.
(2a) Conditional uses.The following uses may be established if first approved as a conditional use:
a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.
b. Uses that exceed the height limitation,to a maximum height of 30 stories or 300 feet,or to a
maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant
to section 3 of Ordinance 2005-07.
C. Buildings designed and situated in a way that they cast a shadow upon properties located in
Business Zoning Districts defined under Section 31-144.
d. Uses that exceed the density limitation,to a maximum of 90 dwelling units per gross acre.
e. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants; and;that
increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site,all in an amount equal to the requested increased lot coverage.
f. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code, increased floor area ratio.
(3) Site development standards.
a. Minimum lot area and width:
1. Duplexes,townhouses, low-and mid-rise [apartments]:As required in the RMF3 and
RMF3AZoning Districts.
2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area.
b. Maximum height:
1. Duplexes:Two stories or 25 feet.
2. Townhouses:Three stories or 35 feet.
3. High-rise apartments: 25 stories or 250 feet.
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(Supp. No.45)
Page 1 of 3
Each proposed building or structure which exceeds 100 feet in height shall be designed and
situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of
41 degrees)will not fall on any adjacent property except for public road rights-of-way, public or
private waterways and docks. Shadow studies shall be provided to the Community Development
Department.
C. Plot coverage:The combined plot area covered by all principal and accessory buildings shall not
exceed 40 percent of the area of the lot.
d. Setbacks:
1. Front yards: Minimum of 25 feet in depth.
2. Side yards:
i. Townhouse and duplexes: Principal structure,ten feet. Upon corner plots in all
zoning districts included in this section there shall be a frontyard as herein
specified,and in addition thereto,a side yard at least 20 feet in width on the
side of the plot abutting on the side street.
ii. Low-, mid-and high-rise apartments: 25 feet in depth.
3. Rear yards: Minimum of 25 feet.
e. Minimum distances between buildings: Primary use buildings shall be separated by at least 30
feet at the closest point or by the sum of the building heights divided by two,whichever is
greater.
f. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas
shall be as follows:
Multiple-family dwelling unit:
Efficiency unit:800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1,050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 20 percent of the total number of units within a building.
g. Minimum open space:40 percent of the total lot area.Said open space shall be unencumbered
with any structure or off-street parking,and shall be landscaped and well maintained with grass,
trees, and shrubbery.
h. Accessibility:All multi-family development projects within the zoning district shall provide a
walkway that links buildings and parking areas to onsite amenities.
i. Floor area ratio:The floor area ratio shall not exceed the following, provided, however,that
structure parking shall not count as a part of the floor area, but shall be counted in computing
building height.
Height of Building Floor Area Ratio
1 story 0.40
2 story 0.60
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Created: 2023-03-14 12:45:34 [EST]
(Supp. No.45)
Page 2 of 3
3 story 0.80
4 story 1.00
5 story 1.20
6 story 1.40
7 story 1.60
8 story 1.80
9 story or over 2.00
j. Development shall be subject to the criteria set out in this section. Redevelopment shall follow
the site development standards with the exception that any property on which the density
allowed by the site development standards is exceeded by existing development,the new density
on redevelopment shall not exceed that allowed in the site development standards and further
provided that if development has received site plan approval, is under construction or existed
prior to the effective date of this provision with density lower than allowed by this section,
redevelopment shall be limited to that lower density and to the existing number of bedrooms,
unless otherwise provided by expressly authorized conditional use approval.
(4) Aboveground storage tanks. Aboveground storage tanks(AST)are permitted as a conditional use only
as an accessory use and only for the purpose of storing fuel for emergency generators.ASTs must
conform to the following requirements:
a. Be of 2,000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department of
Environmental Resources Management.
C. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or
gate.Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the RMF4 zoning
district.
Installation of any AST shall require a building permit from the City.Application for building permit
shall be accompanied by a site plan indicating the location of the AST relative to property lines,the
primary structure served by the AST,any other structures within 300 feet as well as a landscape plan
prepared by a Florida licensed architect or landscape architect and other supporting documentation as
deemed necessary by the City Manager or designee.
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Created: 2023-03-14 12:45:34 [EST]
(Supp. No.45)
Page 3 of 3
EXHIBIT 11211
LEGAL DESCRIPTION
PARCEL 1: (EXHIBITION CENTER)
A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG
THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION
3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE
CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE,
FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY,
SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00
FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42
FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A
LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO,THE EAST
LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR
281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEETTO THE POINT
OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.
PARCEL 2: (PARKING LOT)
A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG
THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID
SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL;
THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED
COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS
NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED
CURVE; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO
THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56
SECONDS FOR AN ARC DISTANCE 202.15 FEETTO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57
MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO,THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING, ALL LYING AND
BEING IN MIAMI-DADE COUNTY, FLORIDA.
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CITY OF AVENTURA ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN FUTURE LAND
USE MAP DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND
LOCATED AT 2785 NE 183 STREET FROM "MEDIUM-HIGH DENSITY
RESIDENTIAL" TO "HIGH DENSITY RESIDENTIAL"; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 163.3187(1), Florida Statutes, the City of
Aventura (the "City") has received Application No. ACP2305-0001, requesting approval
of a Small Scale Future Land Use Map ("FLUM") Amendment to the Comprehensive
Master Plan (the "Plan") changing the designation of 1.55 acres of land (Folios 28-2203-
000-0250 and 28-2203-000-0273), as further described in Exhibit "A" (the "Property")
from Medium-High Density Residential to High Density Residential; and
WHEREAS, the City Commission believes the Small Scale FLUM amendment will
maintain the unique aesthetic character of the City and improve the quality of life for its
residents by providing higher density residential areas near transit service areas; and
WHEREAS, the Small Scale FLUM amendment will not result in impacts on any
infrastructure system that will exceed established level of service standards and is
otherwise consistent with the goals, objectives and policies of the Plan; and
WHEREAS, the City Commission finds that the proposed Small Scale FLUM
amendment is consistent with Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
and has recommended approval to the City Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with the law; and
City of Aventura Ordinance No. 2023-
WHEREAS, the City Commission believes it is in the best interest of the public to
approve this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. Approval of the Small Scale Future Land Use Map Amendment.
That pursuant to Section 163.3187(1), Florida Statutes, the Small Scale FLUM
amendment to the Comprehensive Plan for the Property, legally described in Exhibit "A",
is hereby amended such that the Property shall now have the Future Land Use Map
designation of High Density Residential (Exhibit "B").
Section 3. Conflicts.That all ordinances or parts of ordinances, resolution or parts
of resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 4. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5. Inclusion in the City's Comprehensive Plan. That it is the intention
of the City Commission and it is hereby ordained that the provisions of this Ordinance
shall become and made a part of the Comprehensive Plan of the City of Aventura and
that the Future Land Use Map may be revised so as to accomplish such intention.
Page 2 of 4
City of Aventura Ordinance No. 2023-
Section 6. Effective Date. That this Ordinance shall not become effective until 31
days after adoption. If challenged within 30 days after adoption, this Ordinance may not
become effective until the state land planning agency or the Administration Commission,
respectively, issues a final order determining that the adopted Small Scale FLUM
Amendment is in compliance.
The foregoing Ordinance was offered by Commissioner who moved its
adoption on first reading. The motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Amit Bloom
Mayor Howard S. Weinberg
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. The motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Amit Bloom
Mayor Howard S. Weinberg
Page 3 of 4
City of Aventura Ordinance No. 2023-
PASSED on first reading this 6th day of June, 2023.
PASSED AND ADOPTED on second reading this 11t" day of July, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of , 2023.
CITY CLERK
Page 4 of 4
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL 1: (EXHIBITION CENTER)
A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG
THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION
3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE
CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE,
FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY,
SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00
FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42
FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A
LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO,THE EAST
LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR
281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEETTO THE POINT
OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.
PARCEL 2: (PARKING LOT)
A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG
THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID
SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL;
THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED
COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS
NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED
CURVE; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO
THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56
SECONDS FOR AN ARC DISTANCE 202.15 FEETTO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57
MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING, ALL LYING AND
BEING IN MIAMI-DADE COUNTY, FLORIDA.
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CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
BY: Keven R. Klopp
Community Development Director
DATE: June 2, 2023
SUBJECT: Request to Amend Section 31-143 of the Land Development
Regulations to Add Transit Zone High Density Residential (RMF5)
District
City File No. LDR2305-0003
June 6, 2023 Local Planning Agency Meeting Agenda
June 6, 2023 City Commission Meeting Agenda (First Reading)
July 11, 2023 City Commission Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve an amendment to Article VII. —"Use
Regulations", Section 31-141 "Zoning districts" and Section 31-143, "Residential Zoning
Districts" of the Land Development Regulations to add regulations for a new residential
district, the Transit Zone High Density Residential (RMF5) District, to these sections.
THE REQUEST
The proposed zoning district would facilitate redevelopment of lands located within the
transit corridor along Biscayne Boulevard and which are adjacent to existing higher
density developments. The request is to add the new residential district to the City of
Aventura (the City") Code of Ordinances to facilitate a current proposal involving TAL
Aventura as presented to the City Commission on May 11, 2023, as well as potential
future similar development proposals. The applicant's Letter of Intent is attached as
Exhibit #1 of this report.
BACKGROUND
The City's Land Development Regulations (the "LDRs") Section 31-143 provides
development guidelines for residential developments. Residential Single-Family Districts
(RS1 and RS2), Multi-Family Medium Density Residential District (RMF3) and Multi-
Family High Density Residential District (RMF4) were included and adopted in the City's
original LDRs upon approval of Ordinance 99-09.
Subsequently, the Land Development Regulations added Multifamily Medium Density
Residential Districts RMF3A and RMF313 for properties on and around NE 188 Street to
provide further residential development guidelines that will enhance and support the then
proposed Town Center development.
These existing multifamily districts allow densities ranging from 25 to 45 dwelling units
per acre. The proposed district will allow densities of 75 dwelling units per acre and up to
90 dwelling units per acre upon Conditional Use approval.
THE PROPOSED AMENDMENT
The proposed amendment to Section 31-141 of the Land Development Regulations reads
as follows'
ARTICLE VII. - USE REGULATIONS
Sec. 31-141. -Zoning districts.
Conservation District (CNS)
Residential Districts (R)
Single-family
Residential (RS1)
Residential (RS2)
Medium Density
Residential (RMF3)
Residential (RMF3A)
Medium High Density
Residential (RMF4)
High Density
Underlined text indicates insertions. Stricken-through text indicates deletions
Transit Zone Residential (RMF5)
The proposed amendment to Section 31-143 of the Land Development Regulations reads
as follows2
Sec. 31-143. — Residential Zoning Districts.
(g) Multifamily Medium Density Residential Districts (RMF3B). The following regulations shall apply to
all RMF3B districts:
(h) Transit Zone High Density Residential Districts (RMF5). The following regulations shall apply to all
RMF5 Districts.
(1) Purpose of district. The purpose and intent of this district is to provide suitable sites for the
development of well-planned, environmentally compatible high density multifamily residential
use in areas consistent with the City's Comprehensive Plan Future Land Use Element.
Densities shall not exceed 75 units per gross acre.
(2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or
land used in whole or part for other than one or more of the following specific uses:
a. All Uses permitted in the RMF4 District other than limited service hotels.
(3) Conditional uses. The following uses may be established if first approved as a conditional use:
a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF
district.
b. Uses that exceed the height limitation, to a maximum height of 30 stories or 300 feet, or to
a maximum height of 35 stories or 350 feet for any property which was granted a waiver
pursuant to section 3 of Ordinance 2005-07.
c. Buildings designed and situated in a way that they cast a shadow upon properties located
in Business Zoning Districts defined under Section 31-144.
d. Uses that exceed the density limitation, to a maximum of 90 dwelling units per gross acre.
e. For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of
chapter 14 of the City Code, increased lot coverage, provided that a preen roof and/or
green rooftop amenities are provided and maintained for the common benefit of building
occupants; and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings
designed to calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coverage.
f. For buildings that attain LEEDO Gold or Platinum certification as provided in article VI of
chapter 14 of the City Code, increased floor area ratio.
2 Underlined text indicates insertions. Stricken-through text indicates deletions
(4) Site development standards.
a. Minimum lot area and width:
1. Duplexes, townhouses, low-and mid-rise [apartmentsl: As required in the RMF3 and
RMF3A Zoning Districts.
2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot
area.
b. Maximum height:
1. Duplexes: Two stories or 25 feet.
2. Townhouses: Three stories or 35 feet.
3. High-rise apartments: 25 stories or 250 feet.
Each proposed building or structure which exceeds 100 feet in height shall be designed
and situated such that the shadow created by the sun at 12:00 noon on December 21 (a
sun angle of 41 degrees)will not fall on any adjacent property except for public road rights-
of-way, public or private waterways and docks. Shadow studies shall be provided to the
Community Development Department.
c. Plot coverage: The combined plot area covered by all principal and accessory buildings
shall not exceed 40 percent of the area of the lot.
d. Setbacks:
1. Front yards: Minimum of 25 feet in depth.
2. Side yards:
i. Townhouse and duplexes: Principal structure, ten feet. Upon corner plots in all
zoning districts included in this section there shall be a frontward as herein specified,
and in addition thereto, a side yard at least 20 feet in width on the side of the plot
abutting on the side street.
ii.Low-, mid- and high-rise apartments: 25 feet in depth.
3. Rear yards: Minimum of 25 feet.
e. Minimum distances between buildings: Primary use buildings shall be separated by at least
30 feet at the closest point or by the sum of the building heights divided by two, whichever
is greater.
f. Minimum floor areas: The minimum floor area not including garage or unairconditioned
areas shall be as follows:
Multiple-family dwelling unit:
Efficiency unit: 800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1,050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 20 percent of the total number of units within a building.
g. Minimum open space: 40 percent of the total lot area. Said open space shall be
unencumbered with any structure or off-street parking, and shall be landscaped and well
maintained with grass, trees, and shrubbery.
h. Accessibility: All multi-family development projects within the zoning district shall provide a
walkway that links buildings and parking areas to onsite amenities.
i. Floor area ratio: The floor area ratio shall not exceed the following, provided, however,that
structure parking shall not count as a part of the floor area, but shall be counted in
computing building height.
Height of Building Floor Area Ratio
1 story 0.40
2 story 0.60
3 stor 0.80
4 stor 1.00
5 stor 1.20
6 stor 1.40
—Zit—or 1.60
—LLto—ry 1.80
9 storV or over 2.00
j. Development shall be subject to the criteria set out in this section. Redevelopment shall
follow the site development standards with the exception that any property on which the
density allowed by the site development standards is exceeded by existing development,
the new density on redevelopment shall not exceed that allowed in the site development
standards and further provided that if development has received site plan approval, is
under construction or existed prior to the effective date of this provision with density lower
than allowed by this section, redevelopment shall be limited to that lower density and to
the existing number of bedrooms, unless otherwise provided by expressly authorized
conditional use approval.
(5) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional
use only as an accessory use and only for the purpose of storing fuel for emergency generators.
ASTs must conform to the following requirements:
a. Be of 2,000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department
of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door
or pate. Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the RMF4 zoning
district.
Installation of any AST shall require a building permit from the City. Application for building
permit shall be accompanied by a site plan indicating the location of the AST relative to property
lines, the primary structure served by the AST, any other structures within 300 feet as well as
a landscape plan prepared by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City Manager or designee.
ANALYSIS
The proposed Transit Zone High Density Residential (RMF5) District, detailed above, has
been drafted using the same guidelines as the other RMF districts but intended to guide
higher density residential development to areas in close proximity to transit service,
consistent with the goals and objectives of the City's Comprehensive Plan (the "Plan")
and County's Rapid Transit Zone (RTZ) regulations.
The applicant is proposing a residential development of 139 residential units in a 1.55-
acre lot; therefore, approval of a density reaching 90 dwelling units per acre is required
to fulfil the project's scope. The proposed text amendment will allow this density, subject
to conditional use approval.
The development proposal will also require approval to create a High-Density Residential
Land Use Category on the Future Land Use Element of the Plan; amendment to the
Comprehensive Plan Future Land Use Map (the "FLUM") to change the designation of
the Property's residential land use category from Medium-High Density to High Density,
and to the City's Zoning Map to change the designation of the Property from High Density
Residential (RM4) to the Transit Zone High Density Residential (RM5) District. The
applicant has submitted applications to amend the FLUM, the Plan and the City's Zoning
Map to be processed concurrently, and which are the subjects of separate ordinances,
on the June 6 Local Planning Agency and City Commission agendas. Section 163.3184
of the Florida Statutes provides that zoning changes required to properly enact any
proposed plan amendment may be considered concurrently, but are contingent upon the
comprehensive plan amendment transmitted becoming effective.
If the proposed amendment to the Comprehensive Plan and Land Development
Regulations is approved, the next step in the development process will be review of the
proposed site plan and a subsequent application for Conditional Use approval to be
presented to the City Commission at a public hearing.
Staff provides the following analysis of the proposed amendment, pursuant to the review
standards of the Land Development Regulations contained in Section 31-77(g) of the City
Code.
1. The proposed amendment is legally required.
Upon approval of the amendment to the Plan's Future Land Use Map, the amendment
creating the RMF5 would be legally required.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. The intention of the amendment is consistent with the land use
goal of providing "the best possible distribution of land use and services to meet the
physical, social, cultural and economic needs of the present and future populations of
the City". The objectives of the High-Density Residential land use designation are
described in the Future Land Use Element of the City's Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the LDR as
it would implement further the Comprehensive Plan by establishing regulations,
procedures and standards for review and approval of High Density residential
designated Properties in the City.
4. The proposed amendment furthers the orderly development of the City.
The limitation that RMF5 development will occur only adjacent to transit zones and
existing development exceeding 60 units per acre furthers orderly and harmonious
development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment includes a conditional use review by the City Commission
for certain uses, which will ensure that developments are consistent with the will of the
City.
Bilzin Sumberg
Brian S.Adler, Esq.
Tel 305.350.2351
Fax 305.351.2206
badler(@bilzin.com
I
May 16, 2023
Mr. Keven Klopp
i
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Applications to Amend City of Aventura Comprehensive Plan Text, Future
Land Use Map, Land Development Regulations Text, and Zoning Map
2785 NE 183rd Street, Aventura, Florida
Folio Numbers 28-2203-000-0250 and -0273 (the "Property")
Dear Mr. Klopp:
Letter of Intent
This firm represents Got183 LLC (the "Applicant") as the contract purchaser of the
above Property. Please consider this our formal letter of intent in connection with our
applications to amend the City of Aventura Comprehensive Plan text, Future Land Use
Map, Zoning Code text, and Zoning Map. Specifically, the Applicant is proposing (1) an
amendment to the text of the City of Aventura Comprehensive Plan (the "Comprehensive
Plan") to create a "High Density" residential land use category as well as a corresponding
City of Aventura Future Land Use Map (the "FLUM") amendment; (2) and an amendment
to Section 31-143 of the Land Development Regulations (a/k/a the Zoning Code) to
create the RMF5 residential zoning district as well as a corresponding amendment to the
City of Aventura Zoning Map (the "Zoning Map") (collectively, the "Proposed
Amendments").
A. The Property
The Property consists of approximately 1.55 acres located on NE 183rd Street, in
the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. The
Property is currently designated Medium-Density Residential on the Future Land Use
Map and is currently zoned RMF4. The Property is located within Miami-Dade County's
I
MIAMI 10525158.3 100992/302121
Bilzin Sumberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456
Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com
Mr. Keven Klopp
May 16, 2023 Page 2 Bilzin Sumberg
SMART Plan Corridor Buffer Area and in the Rapid Transit Zone "RTZ" and is located
within one quarter mile of Biscayne Boulevard.
Adjacent to the Property to the south at 2700 NE 183 Street is a multi-family
residential building known as Commodore Plaza, which includes 654 dwelling units on
8.5+/- acres for approximately 76.9 units per acre. Similarly, Del Prado and Imperial are
similarly developed at densities exceeding 70 dwelling units per acre. Further, Admiral's
Port, adjacent to the Property on the south is developed at approximately 90 dwelling
units per acre.
B. Proximity to Transit
The creation of the "High Density" residential land use and zoning categories as
proposed in Exhibit A and Exhibit B respectively, (and the corresponding FLUM and
zoning map amendments) are consistent with both the goals and policies of the City's
Comprehensive Plan and with the RTZ regulations. Notably, the proposed "High Density"
residential land use category would apply only to properties within one quarter mile of
Biscayne Boulevard and which are also adjacent to existing developments that already
exceed 60 dwelling units per acre.
The City's FLUM already identifies the High Density Residential in the adjacent
jurisdiction. Across the railroad on the West side of Biscayne Boulevard is the Ojus Urban
Center District, allowing up to 250 residential dwelling units per acre.
Comprehensive Plan Policy 4.4 of Objective 4 of the Transportation Goal identifies
the need for higher density residential areas to be located near transit service areas.
Additionally, the Transportation Goal on Page 37 of the Comprehensive Plan identifies
the promotion of public transit as a Transportation Goal. A County bus route runs along
Biscayne Boulevard and the Aventura Brightline Station is located just west of Biscayne
Boulevard. Accordingly, tying the "High Density" residential land use category to a
distance of one quarter mile from Biscayne Boulevard is consistent with the policies of
the Comprehensive Plan, which aims to locate the highest levels of density near transit
service areas.
C. Compatibility
Comprehensive Plan Objective 1, Policy 1.4 of the Land Use Goal, identifies that
density and intensity of development should reflect existing development patterns. Page
14 of the Comprehensive Plan, when describing the "Redevelopment Element",
emphasizes the importance of compatibility of new development and redevelopment with
existing development..." By positioning the proposed "High Density" residential Land Use
category adjacent to existing developments that already exceed 60 units per acre,
compatibility with surrounding properties is taken into account, while subjecting review to
conditional use approval to ensure compatibility is reviewed on a case by case basis. The
MIAMI 10525158.3 100992/302121
Mr. Keven Klopp
May 2023
Pagee 3 Bilzin Sumberg
3
proposed language and FLUM amendment prevent the "encroachment of incompatible
uses" as prioritized by Comprehensive Plan Objective 1, Policy 1.5 of the Land Use Goal.
The City's Comprehensive Plan currently provides for a maximum of 60 units per
acre under the "Medium-High Density" residential land use category. The County has a
"High Density" residential land use designation, which permits up to 125 units per acre
(and contains other urban areas along the transit corridor that allow up to 250 dwelling
units per acre). The County's Comprehensive Development Master Plan, page 34,
indicates that the "High Density" residential land use designation is to be "located within
certain municipalities where land costs are very high and where services will be able to
meet the demands." This contemplates the proposed land use category in a location such
as the City of Aventura.
D. Housing Needs
Additionally, numerous articles and studies highlight the shortage of housing in
Florida, including South Florida and the continued need for housing, in part due to the
influx of new residents to the state. Providing for a land use category that permits up to
90 units per acre in Aventura would be one way to address the housing shortage,
particularly since Aventura is a desirable place to live for those moving from New York or
California due to its diverse retail and restaurants.
E. Prior Declarations and Restrictions
As part of prior commercial approvals on the Property while it was under Miami-
Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the
eastern portion of the Property, so long as the property remained zoned commercial and
under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The
Property is no longer under the jurisdiction of Miami-Dade County; however, the
instruments illustrate the reservations, dating back to the early 1980's, that commercial
use may not be the ideal use on the Property. The proposed residential redevelopment
under the RMF5 district coincides with the historic limitation against commercial
structures on the Property. Although redevelopment will no longer be under the County
commercial zoning, thus rendering the restrictions obsolete, the proposed development
respects this historic limitation and proposes to preserve this area for the amenities and
landscaping.
F. The Amendment to the Zoning Code Meets the Standards Set Forth Under
City Code Section 31-77(g)
In accordance with City Code Section 31-77(f), the proposed Zoning Code
amendment meets the criteria for approval in that:
1. The proposed amendment is legally required.
MIAMI 10525158.3 100992/302121
Mr. Keven Klopp
May 16, 2023
Page 4 � Bilzin Sumberg
P
Upon approval of the amendment to the City's Comprehensive Plan Future Land
Use map, the amendment creating the RMF5 would be legally required.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
Upon approval of the amendment to the City's Comprehensive Plan Future Land
Use map, the rezoning to RMF5 would be consistent with the goals, objectives and
policies of the City's Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the
LDR.
The proposed amendment is consistent with the authority and purpose of the
LDR as it would implement further the Comprehensive Plan by establishing
regulations, procedures and standards for review and approval of High Density
residential designated Properties in the City.
4. The proposed amendment furthers the orderly development of the City.
The limitation that RMF5 development will occur only adjacent to existing
development exceeding 60 units per acre furthers orderly and harmonious
development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment includes a conditional use review by the City
Commission for certain uses, which will ensure that developments are consistent
with the will of the City.
G. The Rezoning Meets the Standards Set Forth Under City Code Section 31-
77
In accordance with City Code Section 31-77(f), the proposed Zoning Code
amendment meets the criteria for approval in that:
1. The proposed amendment is consistent with goals, objectives and policies of
the City's Comprehensive Plan.
Upon approval of the amendment to the City's Comprehensive Plan Future
Land Use map, the rezoning to RMF5 would be consistent with the goals,
objectives and policies of the City's Comprehensive Plan.
2. The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses.
MIAMI 10525158.3 100992/302121
Mr. Keven Klopp
May 16, 2023
Pages ilzin Sumberg
The proposed rezoning is consistent and compatible with the surrounding
area's designation and existing uses in that the RMF5 designation will be
limited to properties that abut existing developments that exceed 60 units per
acre.
3. The subject property is physically suitable for the uses permitted in the
proposed district.
As it applies to the Property, which is 1.55 acres in size, the uses permitted in
RMF5 are appropriate for the Property. As illustrated by the design of the
proposed building, and the efficient utilization of the site, the Property is
physically suitable for the proposed residential use.
4. There are sites available in other areas currently zoned for such use.
In addition to the Property, City staff has identified other sites that are being
rezoned for this use. Based on the limited sites for redevelopment of residential
properties east of Biscayne Boulevard, the proposed use will help meet the
ongoing demands for new residential units in this area.
5. If applicable, the proposed change will contribute to redevelopment of an area
in accordance with an approved redevelopment plan.
While not part of an approved redevelopment plan, the subject vacant site has
been ripe for redevelopment for many years. The proposed high profile
designed building will transform the dormant land into a vibrant new
development.
6. The proposed change would not adversely affect traffic patterns or
congestion.
Based on the trip comparison study, the proposed 139 residential dwelling units
generates only 48 AM peak hour trips and 56 PM peak hour trips where the
proposed development as of right, could develop a minimum of 43,800 square
feet of medical use, which would generate over twice as many AM peak hour
trips and more than three times the PM peak hour trips. See attached trip
generation comparison exhibits.
7. The proposed change would not adversely impact population density such
that the demand for water, sewers, streets, recreational areas and facilities,
and other public facilities and services would be adversely affected.
The proposed use will not have a negative impact on the water, sewer or other
levels of public facilities within a City, which will be evaluated for concurrency
as part of redevelopment of the site.
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Mr. Keven Klopp
May 16, 2023 Page 6 Bilzin Sumberg
8. Whether the proposed change would have an adverse environmental impact
on the vicinity.
The proposed use will not have an adverse environmental impact on the
vicinity. As part of the development of the Property, the site will be reviewed
by the Miami-Dade County Division of Environmental Resources Management,
to ensure that the Property complies with the environmental regulations of the
County.
9. Whether the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed change would not adversely affect the health, safety and welfare
of the neighborhood or City as a whole in that the proposed development is for
139 residential dwelling units as opposed to a more intense commercial use.
H. Requests
The Property is currently designated "Medium-High Density" residential on the
FLUM, and is zoned RMF4 on the Zoning Map. Our client proposes to create a "High
Density" residential land use category in the Comprehensive Plan and re-designate the
Property to "High Density" residential on the FLUM. Similarly, our client proposes to
create an RMF5 zoning category and to rezone the Property to RMF5 consistent with the
proposed new residential Future Land Use Map designation.
As part of the proposed development, our client will be seeking two companion
applications to proceed simultaneously with second reading of the above applications, if
the City approves the applications of the first reading.
These companion applications would include a conditional use approval to allow
139 residential dwelling units where 116 residential dwelling units would be permitted as
of right in the RMF5 district. Additionally, our client will be seeking conditional use
approval related to FAR and the shadow provision.
I. Proposed Development
Attached are the conceptual plans for development that our client proposes to
present for conditional use approval. Known for their forward thinking and innovative
designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the
defining focal point in the area. The emblematic structure features a fluid curved flow that
is carried through the parking garage to create a seamless flow in a truly unique shape,
worthy of the approval for new development in Aventura.
The 22-story structure includes a four-story pedestal consisting of a lined and
screened parking deck with a connected curvilinear matching tower. The development
MIAMI 10525158.3 100992/302121
Mr. Keven Klopp
May 16, 2023 Page 7 Bilzin Sumberg
has been designed such that the portion of the L-shaped Property backing up to the RMF4
designated townhouses to the north will feature an attractive and active green space with
tennis courts a swimming pool and will provide attractive and serene views from all sides.
J. Conclusion
The proposed modifications to the Comprehensive Plan, the Future Land Use
Map, the land development regulation text, and the Zoning Map will allow this vacant and
historically underutilized Property to transform into an iconic building that Aventura will be
proud to feature in its City. The proposed development features 139 one-, two- and three-
bedroom condominium homes that are both attractive and functional, with an attractive
ground level amenities area defining much of the frontage of the site.
We respectfully request your favorable review of the Proposed Amendments.
Thank you for your review of the foregoing. Should you have any questions, please
do not hesitate to contact me at (305) 350-2351.
Ve truly yours,
Brian S. Adler
MIAMI 10525158.3 100992/302121
EXHIBIT A
Proposed Comprehensive Development Master Plan Amendment
Land Use Element
Objective 2
Policy 2.1
The Future Land Use map shall identify all residential land as one of the following Residential Land Use
Categories:
Low Density.The residential densities allowed in this category shall range from a minimum of 2.5 to a
maximum of 6.0 dwelling units per gross acre.This density category is generally characterized by single-
family housing (e.g., single family detached, cluster, zero-lot-line and townhouses). It could include low-
rise apartments with extensive surrounding open space or a mixture of housing types provided that the
maximum gross density is not exceeded.
Low-Medium Density.This category allows a range in density from a minimum of 6.0 to a maximum of
13 dwelling units per gross acre.The types of housing typically found in areas designated low-medium
density include single-family homes, townhouses and low-rise apartments. Zero-lot-line single-family
developments in this category shall not exceed a density of 7.0 dwelling units per gross acre.
Medium Density.This category allows a range of densities from 13 to 25 dwelling units per gross acre.
The types of housing structure typically permitted in this category include townhouses and low-rise and
medium-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes
and townhouses.
Medium-High Density.This category allows a range of densities from 25 to 60 dwelling units per gross
acre. In this category, the height of buildings, and, therefore, the attainment of densities approaching
the maximum, depends to a great extent on the dimensions of the site, conditions such as location and
availability of services, zoning, type of housing structure, the ability to provide sufficient off-street
parking, and the compatibility with and impact of the development on surrounding areas.The type of
housing structure typically permitted in this category includes low, medium and high-rise apartments,
but may also include single family detached, duplexes,triplexes, quadruplexes, townhouses and Limited-
Service Hotel in combination with Multifamily Residential Use. Additionally, the height of buildings and
attainment of densities approaching the maximum shall also be contingent on the ability of the
developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to
alleviate impacts that will adversely impact service levels and quality of life.
High Density.This category allows a range of densities from 60 to 90 dwelling units per gross acre on
parcels that are within one quarter mile of Biscayne Boulevard and which are adjacent to developments
that exist as of July 1, 2023 which are developed at a density of 60 units per gross acre or greater. In this
category, the height of buildings, and, therefore, the attainment of densities approaching the maximum,
MIAMI 10448043.2 100992/302121
5/16/2023 1:56 PM
depends to a great extent on the dimensions of the site, conditions such as location and availability of
services, zoning, type of housing structure,the ability to provide sufficient off-street parking, and the
compatibility with and impact of the development on surrounding areas.The type of housing structure
typically permitted in this category includes low, medium and high-rise apartments, but may also include
single family detached, duplexes, triplexes, quadruplexes, and townhouses.
MIAMI 10448043.2 100992/302121
5/16/2023 1:56 PM
EXHIBIT B
Sec. 31-143. Residential Zoning Districts.
(h) Multifamily High Density Residential Districts(RMFS). The following regulations shall apply to all RMFS
Districts.
(1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for the
development of well-planned,environmentally compatible high density multifamily residential use in
areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not
exceed 75 units per gross acre.
(2) Uses permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used
in whole or part for other than one or more of the following specific uses:
a. All Uses permitted in the RMF4 District other than limited service hotels.
(2a) Conditional uses.The following uses may be established if first approved as a conditional use:
a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.
b. Uses that exceed the height limitation,to a maximum height of 30 stories or 300 feet,or to a
maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant
to section 3 of Ordinance 2005-07.
C. Buildings designed and situated in a way that they cast a shadow upon properties located in
Business Zoning Districts defined under Section 31-144.
d. Uses that exceed the density limitation,to a maximum of 90 dwelling units per gross acre.
e. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants; and;that
increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site,all in an amount equal to the requested increased lot coverage.
f. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code, increased floor area ratio.
(3) Site development standards.
a. Minimum lot area and width:
1. Duplexes,townhouses, low-and mid-rise [apartments]:As required in the RMF3 and
RMF3AZoning Districts.
2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area.
b. Maximum height:
1. Duplexes:Two stories or 25 feet.
2. Townhouses:Three stories or 35 feet.
3. High-rise apartments: 25 stories or 250 feet.
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Created: 2023-03-14 12:45:34 [EST]
(Supp. No.45)
Page 1 of 3
Each proposed building or structure which exceeds 100 feet in height shall be designed and
situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of
41 degrees)will not fall on any adjacent property except for public road rights-of-way, public or
private waterways and docks. Shadow studies shall be provided to the Community Development
Department.
C. Plot coverage:The combined plot area covered by all principal and accessory buildings shall not
exceed 40 percent of the area of the lot.
d. Setbacks:
1. Front yards: Minimum of 25 feet in depth.
2. Side yards:
i. Townhouse and duplexes: Principal structure,ten feet. Upon corner plots in all
zoning districts included in this section there shall be a frontyard as herein
specified,and in addition thereto,a side yard at least 20 feet in width on the
side of the plot abutting on the side street.
ii. Low-, mid-and high-rise apartments: 25 feet in depth.
3. Rear yards: Minimum of 25 feet.
e. Minimum distances between buildings: Primary use buildings shall be separated by at least 30
feet at the closest point or by the sum of the building heights divided by two,whichever is
greater.
f. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas
shall be as follows:
Multiple-family dwelling unit:
Efficiency unit:800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1,050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 20 percent of the total number of units within a building.
g. Minimum open space:40 percent of the total lot area.Said open space shall be unencumbered
with any structure or off-street parking,and shall be landscaped and well maintained with grass,
trees, and shrubbery.
h. Accessibility:All multi-family development projects within the zoning district shall provide a
walkway that links buildings and parking areas to onsite amenities.
i. Floor area ratio:The floor area ratio shall not exceed the following, provided, however,that
structure parking shall not count as a part of the floor area, but shall be counted in computing
building height.
Height of Building Floor Area Ratio
1 story 0.40
2 story 0.60
MIAMI 10447813.2 100992/302121
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Created: 2023-03-14 12:45:34 [EST]
(Supp. No.45)
Page 2 of 3
3 story 0.80
4 story 1.00
5 story 1.20
6 story 1.40
7 story 1.60
8 story 1.80
9 story or over 2.00
j. Development shall be subject to the criteria set out in this section. Redevelopment shall follow
the site development standards with the exception that any property on which the density
allowed by the site development standards is exceeded by existing development,the new density
on redevelopment shall not exceed that allowed in the site development standards and further
provided that if development has received site plan approval, is under construction or existed
prior to the effective date of this provision with density lower than allowed by this section,
redevelopment shall be limited to that lower density and to the existing number of bedrooms,
unless otherwise provided by expressly authorized conditional use approval.
(4) Aboveground storage tanks. Aboveground storage tanks(AST)are permitted as a conditional use only
as an accessory use and only for the purpose of storing fuel for emergency generators.ASTs must
conform to the following requirements:
a. Be of 2,000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department of
Environmental Resources Management.
C. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or
gate.Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the RMF4 zoning
district.
Installation of any AST shall require a building permit from the City.Application for building permit
shall be accompanied by a site plan indicating the location of the AST relative to property lines,the
primary structure served by the AST,any other structures within 300 feet as well as a landscape plan
prepared by a Florida licensed architect or landscape architect and other supporting documentation as
deemed necessary by the City Manager or designee.
MIAMI 10447813.2 100992/302121
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Created: 2023-03-14 12:45:34 [EST]
(Supp. No.45)
Page 3 of 3
CITY OF AVENTURA ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE OF ORDINANCES BY AMENDING SECTION 31-143,
"RESIDENTIAL ZONING DISTRICTS", TO PROVIDE FOR A NEW
ZONING DISTRICT, "TRANSIT ZONE HIGH DENSITY RESIDENTIAL
(RMF5)"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura (the " City") Commission recognizes that changes
to the adopted Code of Ordinances are periodically necessary in order to ensure that the
City's regulations are current and consistent with the City's planning and regulatory
needs; and
WHEREAS, in response to the request of Got183, LLC's request, the City
Commission desires to amend Chapter 31, "Land Development Regulations", Section 31-
141, "Zoning districts", and Section 31-143, "Residential Zoning Districts" of the Code of
Ordinances to provide for a Transit Zone High Density Residential (RMF5) District that
will guide developments of higher density to properties in close proximity to mass transit
services areas and near existing high-density multifamily developments (the "Proposed
Amendment"); and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
and has recommended approval to the City Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with the law; and
WHEREAS, The City Commission has reviewed the proposed amendment, and
finds that it is in the best interest of the public to amend Section 31-141 and Section 31-
143 of the LDRs as set forth in this Ordinance; and
WHEREAS, the City Commission has reviewed the action set forth in the
ordinance and has determined that such action is consistent with the Comprehensive
plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
City of Aventura Ordinance No. 2023-
Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. City Code Amended. That Section 31-141 "Zoning Districts" of
Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read
as follows'
ARTICLE VII. - USE REGULATIONS
Sec. 31-141. -Zoning districts.
Conservation District (CNS)
Residential Districts (R)
Single-family
Residential (RS1)
Residential (RS2)
Medium Density
Residential (RMF3)
Residential (RMF3A)
Medium High Density
Residential (RMF4)
High Density
Transit Zone Residential (RMF5)
Underlined text indicates insertions. Stricken-through text indicates deletions
Page 2 of 8
City of Aventura Ordinance No. 2023-
Section 31-143 "Residential Zoning Districts" of Chapter 31 "Land Development
Regulations" of the City Code is hereby amended to read as follows2:
Sec. 31-143.—Residential Zoning Districts.
(g) Multifamily Medium Density Residential Districts(RMF3B).The following regulations shall
apply to all RMF313 districts:
(h) Transit Zone High Density Residential Districts (RMFS). The following regulations shall
apply to all RMFS Districts.
(1) Purpose of district. The purpose and intent of this district is to provide suitable sites
for the development of well-planned, environmentally compatible high density
multifamily residential use in areas consistent with the City's Comprehensive Plan
Future Land Use Element. Densities shall not exceed 75 units per gross acre.
(2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or
used,or land used in whole or part for other than one or more of the following specific
uses:
a. All Uses permitted in the RMF4 District other than limited service hotels.
(3) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All Uses permitted in the CF District, but not any use listed as a Conditional use in
the CF district.
b. Uses that exceed the height limitation, to a maximum height of 30 stories or 300
feet, or to a maximum height of 35 stories or 350 feet for any property which was
granted a waiver pursuant to section 3 of Ordinance 2005-07.
c. Buildings designed and situated in a way that they cast a shadow upon properties
located in Business Zoning Districts defined under Section 31-144.
d. Uses that exceed the density limitation, to a maximum of 90 dwelling units per
gross acre.
e. For buildings that attain LEED°Gold or Platinum certification as provided in article
VI of chapter 14 of the City Code, increased lot coverage, provided that a green
roof and/or green rooftop amenities are provided and maintained for the
common benefit of building occupants; and; that increased Florida-Friendly tree
2 Underlined text indicates additions. Stricken-through text indicates deletions. Double underline indicates
changes made between first and second reading.
Page 3 of 8
City of Aventura Ordinance No. 2023-
canopy and Florida-Friendly plantings designed to calm the heat island effect are
located on site, all in an amount equal to the requested increased lot coverage.
f. For buildings that attain LEED°Gold or Platinum certification as provided in article
VI of chapter 14 of the City Code, increased floor area ratio.
(4) Site development standards.
a. Minimum lot area and width:
1. Duplexes, townhouses, low-and mid-rise [apartments]: As required in the
RMF3 and RMF3A Zoning Districts.
2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet
in plot area.
b. Maximum height:
1. Duplexes:Two stories or 25 feet.
2. Townhouses:Three stories or 35 feet.
3. High-rise apartments: 25 stories or 250 feet.
Each proposed building or structure which exceeds 100 feet in height shall be
designed and situated such that the shadow created by the sun at 12:00 noon on
December 21 (a sun angle of 41 degrees) will not fall on any adjacent property
except for public road rights-of-way, public or private waterways and docks.
Shadow studies shall be provided to the Community Development Department.
c. Plot coverage: The combined plot area covered by all principal and accessory
buildings shall not exceed 40 percent of the area of the lot.
d. Setbacks:
1. Front yards: Minimum of 25 feet in depth.
2. Side yards:
i. Townhouse and duplexes: Principal structure, ten feet. Upon corner plots in
all zoning districts included in this section there shall be a frontyard as herein
specified, and in addition thereto, a side yard at least 20 feet in width on the
side of the plot abutting on the side street.
ii.Low-, mid-and high-rise apartments: 25 feet in depth.
3. Rear yards: Minimum of 25 feet.
e. Minimum distances between buildings: Primary use buildings shall be separated
by at least 30 feet at the closest point or by the sum of the building heights divided
by two, whichever is greater.
f. Minimum floor areas: The minimum floor area not including garage or
unairconditioned areas shall be as follows:
Multiple-family dwelling unit:
Efficiency unit: 800 square feet.
Page 4 of 8
City of Aventura Ordinance No. 2023-
One bedroom unit: 900 square feet.
Two bedroom unit: 1,050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 20 percent of the total number of units within a
building.
g. Minimum open space: 40 percent of the total lot area. Said open space shall be
unencumbered with any structure or off-street parking, and shall be landscaped
and well maintained with grass, trees, and shrubbery.
h. Accessibility: All multi-family development projects within the zoning district shall
provide a walkway that links buildings and parking areas to onsite amenities.
i. Floor area ratio: The floor area ratio shall not exceed the following, provided,
however,that structure parking shall not count as a part of the floor area, but shall
be counted in computing building height.
Height of Building Floor Area Ratio
1 story 0.40
2 story 0.60
3 story 0.80
4 story 1.00
5 story 1.20
6 story 1.40
7 story 1.60
8 story 1.80
9 storV or over 2.00
j. Development shall be subject to the criteria set out in this section. Redevelopment
shall follow the site development standards with the exception that any property
on which the density allowed by the site development standards is exceeded by
existing development, the new density on redevelopment shall not exceed that
allowed in the site development standards and further provided that if
development has received site plan approval, is under construction or existed
prior to the effective date of this provision with density lower than allowed by this
section, redevelopment shall be limited to that lower density and to the existing
number of bedrooms, unless otherwise provided by expressly authorized
conditional use approval.
(5) Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a
conditional use only as an accessory use and only for the purpose of storing fuel for
emergency generators. ASTs must conform to the following requirements:
a. Be of 2,000 gallons capacity or less.
Page 5 of 8
City of Aventura Ordinance No. 2023-
b. Be installed and operated under a valid permit from the Miami-Dade County
Department of Environmental Resources Management.
c. Be fully screened by a masonry or concrete wall with a self-closing and locking
metal door or gate. Such wall shall be landscaped in accordance with the City's
Landscape Code.
d. Be located in a manner consistent with the site development standards of the
RMF4 zoning district.
Installation of any AST shall require a building permit from the City. Application for
building permit shall be accompanied by a site plan indicating the location of the AST
relative to property lines, the primary structure served by the AST, any other
structures within 300 feet as well as a landscape plan prepared by a Florida licensed
architect or landscape architect and other supporting documentation as deemed
necessary by the City Manager or designee.
Section 3. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
Page 6 of 8
City of Aventura Ordinance No. 2023-
The foregoing Ordinance was offered by Commissioner Stern, who moved its
adoption on first reading. The motion was seconded by Commissioner Kruss, and upon
being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Amit Bloom Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. The motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Amit Bloom
Mayor Howard S. Weinberg
PASSED on first reading this 6th day of June, 2023.
PASSED AND ADOPTED on second reading this 7t" day of November, 2023.
Page 7 of 8
City of Aventura Ordinance No. 2023-_
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of , 2023.
CITY CLERK
Page 8 of 8
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
BY: Keven R. Klopp
Community Development Director
DATE: June 2, 2023
SUBJECT: Request to Amend the Official Zoning Map by Changing the Zoning
Designation for the Property Located at 2785 NE 183 Street from
Multifamily High-Density Residential District (RMF4), to Transit Zone
High Density Residential District (RMF5)
City File No. REZ2305-0001
June 6, 2023 Local Planning Agency Meeting Agenda
June 6, 2023 City Commission Meeting Agenda (First Reading)
July 11, 2023 City Commission Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve an amendment to the Official
Zoning Map to change the zoning designation of land located at 2785 NE 183 Street and
legally described as Exhibit#1 (the "Property"), from Multifamily High-Density Residential
District (RMF4), to Transit Zone High Density Residential District (RMF5).
THE REQUEST
The Applicant, Brian S. Adler, Esq. c/o Bilzin Samberg, on behalf of Got183 LLC, is
requesting the rezoning of the Property to facilitate a development proposal involving TAL
Aventura as presented to the City Commission on May 11, 2023. The applicant's Letter
of Intent is attached as Exhibit #2 of this report.
BACKGROUND
The Property consists of approximately 1.55 acres located on NE 183rd Street, in the
area east of Biscayne Boulevard, situated further east of NE 27th Avenue, currently
designated Medium-Density Residential on the Future Land Use Map and zoned RMF4
on the Official Zoning Map.
The RMF4 district allows a density range of up to 45 dwelling units per acre. The applicant
is proposing a 22-story residential tower featuring 139 units in a 1.55-acre lot, exceeding
the allowed density of the RMF4 district. The feasibility of the development as proposed
relies on changing the zoning designation of the Property to RMF5; this district will allow
densities of 75 dwelling units per acre and up to 90 dwelling units per acre upon
Conditional Use approval.
ANALYSIS
Amendments to the Official Zoning Map shall be consistent with the adopted
Comprehensive Plan. To address the inconsistency, the proposed development is also
required to be granted approval to create a High-Density Residential Land Use Category
on the Future Land Use Element of the Comprehensive Plan; approval to amend the
Comprehensive Plan Future Land Use Map (the "FLUM") to change the designation of
the Property's residential land use category from Medium-High Density to High Density,
and approval to amend the City's land Development Regulations (the "LDRs") to create
the Transit Zone High Density Residential (RMF5) District.
The applicant has submitted applications to amend the FLUM, the Comprehensive Plan
and the LDRs to be processed concurrently, and which are the subjects of separate
ordinances, on the June 6 Local Planning Agency and City Commission agendas. Section
163.3184 of the Florida Statutes provides that zoning changes required to properly enact
any proposed plan amendment may be considered concurrently, but are contingent upon
the comprehensive plan amendment transmitted become effective.
If the proposed amendments are approved, the next step in the development process will
be review of the proposed site plan and a subsequent application for Conditional Use
approval to be presented to the City Commission at a public hearing.
Staff reviewed the proposed amendment to the Official Zoning Map pursuant to the review
standards of the Land Development Regulations contained in Section 31-77(f) of the City
Code as follow-
(1) The proposed amendment is consistent with goals, objectives and policies of the
City's Comprehensive Plan.
Upon approval of the amendment to the City's Comprehensive Plan Future Land
Use map, the rezoning to RMF5 would be consistent with the goals, objectives and
policies of the City's Comprehensive Plan.
(2) The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses.
The proposed rezoning is consistent and compatible with the surrounding area's
zoning designations and existing uses in that the RMF5 designation will be limited
to properties that abut existing developments that exceed 60 units per acre.
(3) The subject property is physically suitable for the uses permitted in the proposed
district.
As it applies to the Property, which is 1.55 acres in size, the uses permitted in
RMF5 are appropriate for the Property. As illustrated by the design of the proposed
building, attached as Exhibit#3 of this report, and the efficient utilization of the site,
the Property is physically suitable for the proposed residential use.
(4) There are sites available in other areas currently zoned for such use.
Based on the limited sites for redevelopment of residential properties east of
Biscayne Boulevard, the proposed use will help meet the ongoing demands for
new residential units in this area.
(5) If applicable, the proposed change will contribute to redevelopment of an area in
accordance with an approved redevelopment plan.
The development is not part of an approved redevelopment plan.
(6) The proposed change would adversely affect traffic patterns or congestion.
Based on the trip comparison study, the proposed 139 residential dwelling units
generates only 48 AM peak hour trips and 56 PM peak hour trips. The site was
previously occupied by 21,837 SF of medical office space generating 61 AM peak
hour trips and 86 PM peak hour trips. The results of the trip generation comparison
show that the proposed project will generate 67 more daily trips, 10 less AM peak
hour trips, and 26 less PM peak hour trips when compared to the previously
existing development. See attached trip generation comparison as Exhibit #4.
(7) The proposed change would adversely impact population density such that the
demand for water, sewers, streets, recreational areas and facilities, and other
public facilities and services would be adversely affected.
The proposed use will not have a negative impact on the water, sewer or other
levels of public facilities within a City, which will be evaluated for concurrency as
part of redevelopment of the site.
(8) Whether the proposed change would have an adverse environmental impact on
the vicinity.
The proposed use will not have an adverse environmental impact on the vicinity.
As part of the development of the Property, the site will be reviewed by the Miami-
Dade County Division of Environmental Resources Management, to ensure that
the Property complies with the environmental regulations of the County.
(9) Whether the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed change would not adversely affect the health, safety and welfare of
the neighborhood or City as a whole in that the proposed development is for 139
residential dwelling units as opposed to a more intense commercial use.
EXHIBIT filly
LEGAL DESCRIPTION
PARCEL 1: (EXHIBITION CENTER)
A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG
THE EAST LINE OFTHE SOUTHEAST 1/4OFTHE SOUTHWEST 1/4OFTHE SOUTHWEST 1/4 OF SAID SECTION
3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE
CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE,
FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY,
SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00
FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42
FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A
LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO,THE EAST
LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR
281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEETTO THE POINT
OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.
PARCEL 2: (PARKING LOT)
A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG
THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID
SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL;
THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED
COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS
NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED
CURVE; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO
THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56
SECONDS FOR AN ARC DISTANCE 202.15 FEETTO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57
MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING, ALL LYING AND
BEING IN MIAMI-DADE COUNTY, FLORIDA.
1W0627158.11
EXHIBIT#2
s4 Bilzin Sumberg
Brian S.Adler,Esq.
- 305.350,2351
305.351.2206
badlera, ilzin_�om
May 16, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Applications to Amend City of Aventura Comprehensive Plan Text, Future
Land Use Map, Land Development Regulations Text, and Zoning Map
2785 NE 183rd Street, Aventura, Florida
Folio Numbers 28-2203-000-0250 and -0273 (the "Property")
Dear Mr. Klopp:
Letter of Intent
This firm represents Got 183 LLC (the "Applicant") as the contract purchaser of the
above Property. Please consider this our formal letter of intent in connection with our
applications to amend the City of Aventura Comprehensive Plan text, Future Land Use
Map, Zoning Code text, and Zoning Map. Specifically, the Applicant is proposing (1) an
amendment to the text of the City of Aventura Comprehensive Plan (the "Comprehensive
Plan") to create a "High Density" residential land use category as well as a corresponding
City of Aventura Future Land Use Map (the "FLUM") amendment; (2) and an amendment
to Section 31-143 of the Land Development Regulations (alkla the Zoning Code) to
create the RMF5 residential zoning district as well as a corresponding amendment to the
City of Aventura Zoning Map (the "Zoning Map") (collectively, the "Proposed
Amendments").
A. The Property
The Property consists of approximately 1.55 acres located on NE 183rd Street, in
the area east of Biscayne Boulevard, situated further east of NE 271h Avenue. The
Property is currently designated Medium-Density Residential on the Future Land Use
Map and is currently zoned RMF4. The Property is located within Miami-Dade County's
M IAM 110525158.3 100992/302121
BiIzin SL1mberg Baena Price&Axe Irtul 1.1,P 13�;o]i6AeII Ave 11Lie.2.1VJ F loor,NIianii. FIorida 33131-.'s4ih
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Mr.Keven Klopp 1
May16, 2023 Bllzln Sumberg
Page 2
�. 1
SMART Plan Corridor Buffer Area and in the Rapid Transit Zone "RTZ" and is located
within one quarter mile of Biscayne Boulevard.
Adjacent to the Property to the south at 2700 NE 183 Street is a multi-family
residential building known as Commodore Plaza, which includes 654 dwelling units on
8.5+1- acres for approximately 76.9 units per acre. Similarly, Del Prado and Imperial are
similarly developed at densities exceeding 70 dwelling units per acre. Further, Admiral's
Port, adjacent to the Property on the south is developed at approximately 90 dwelling
units per acre.
B. Proximity to Transit
The creation of the "High Density" residential land use and zoning categories as
proposed in Exhibit A and Exhibit B respectively, (and the corresponding FLUM and
zoning map amendments) are consistent with both the goals and policies of the City's
Comprehensive Plan and with the RTZ regulations. Notably, the proposed "High Density"
residential land use category would apply only to properties within one quarter mile of
Biscayne Boulevard and which are also adjacent to existing developments that already
exceed 60 dwelling units per acre.
The City's FLUM already identifies the High Density Residential in the adjacent
jurisdiction. Across the railroad on the West side of Biscayne Boulevard is the Ojus Urban
Center District, allowing up to 250 residential dwelling units per acre.
Comprehensive Plan Policy 4.4 of Objective 4 of the Transportation Goal identifies
the need for higher density residential areas to be located near transit service areas.
Additionally, the Transportation Goal on Page 37 of the Comprehensive Plan identifies
the promotion of public transit as a Transportation Goal. A County bus route runs along
Biscayne Boulevard and the Aventura Brightline Station is located just west of Biscayne
Boulevard. Accordingly, tying the "High Density" residential land use category to a
distance of one quarter mile from Biscayne Boulevard is consistent with the policies of
the Comprehensive Plan, which aims to locate the highest levels of density near transit
service areas.
C. Compatibility
Comprehensive Plan Objective 1, Policy 1.4 of the Land Use Goal, identifies that
density and intensity of development should reflect existing development patterns. Page
14 of the Comprehensive Plan, when describing the "Redevelopment Element",
emphasizes the importance of compatibility of new development and redevelopment with
existing development..." By positioning the proposed "High ❑ensity" residential Land Use
category adjacent to existing developments that already exceed 60 units per acre,
compatibility with surrounding properties is taken into account, while subjecting review to
conditional use approval to ensure compatibility is reviewed on a case by case basis. The
MI AM 114525138.3 I OQ99213 02 1 2 1
Mr. Keven Klopp
May i ,2Q23
3
Page 3 L Biizin Sumberg
proposed language and FLUM amendment prevent the "encroachment of incompatible
uses" as prioritized by Comprehensive Plan Objective 1, Policy 1.5 of the Land Use Goal.
The City's Comprehensive Plan currently provides for a maximum of 60 units per
acre under the "Medium-High Density" residential land use category. The County has a
"High Density" residential land use designation, which permits up to 125 units per acre
(and contains other urban areas along the transit corridor that allow up to 250 dwelling
units per acre). The County's Comprehensive Development Master Plan, page 34,
indicates that the "High Density" residential land use designation is to be "located within
certain municipalities where land costs are very high and where services will be able to
meet the demands."This contemplates the proposed land use category in a location such
as the City of Aventura.
D. Housinq Needs
Additionally, numerous articles and studies highlight the shortage of housing in
Florida, including South Florida and the continued need for housing, in part due to the
influx of new residents to the state. Providing for a land use category that permits up to
90 units per acre in Aventura would be one way to address the housing shortage,
particularly since Aventura is a desirable place to live for those moving from New York or
California due to its diverse retail and restaurants.
E. Prior Declarations and Restrictions
As part of prior commercial approvals on the Property while it was under Miami-
Dade County's jurisdiction, the then-owner proffered certain covenants that restricted the
eastern portion of the Property, so long as the property remained zoned commercial and
under the jurisdiction of Miami-Dade County, to parking for the exhibition center. The
Property is no longer under the jurisdiction of Miami-Dade County; however, the
instruments illustrate the reservations, dating back to the early 1980's, that commercial
use may not be the ideal use on the Property. The proposed residential redevelopment
under the RMF5 district coincides with the historic limitation against commercial
structures on the Property. Although redevelopment will no longer be under the County
commercial zoning, thus rendering the restrictions obsolete, the proposed development
respects this historic limitation and proposes to preserve this area for the amenities and
landscaping.
F. The Amendment to the Zoning Code Meets the Standards Set Forth Under
City Code Section 31-77(g)
In accordance with City Code Section 31-77(f), the proposed Zoning Code
amendment meets the criteria for approval in that:
1. The proposed amendment is legally required.
M 1AM1 10525158.3 100992/302121
Mr. Keven Klopp
May's,2023 Bilzin Sumberg
Page 4
Upon approval of the amendment to the City's Comprehensive Plan Future Land
Use map, the amendment creating the RMF5 would be legally required.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
Upon approval of the amendment to the City's Comprehensive Plan Future Land
Use map, the rezoning to RMF5 would be consistent with the goals, objectives and
policies of the City's Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the
LDR.
The proposed amendment is consistent with the authority and purpose of the
LDR as it would implement further the Comprehensive Plan by establishing
regulations, procedures and standards for review and approval of High Density
residential designated Properties in the City.
4. The proposed amendment furthers the orderly development of the City.
The limitation that RMF5 development will occur only adjacent to existing
development exceeding 60 units per acre furthers orderly and harmonious
development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment includes a conditional use review by the City
Commission for certain uses, which will ensure that developments are consistent
with the will of the City.
G. The Rezoning Meets the Standards Set Forth Under City Code Section 31-
77
In accordance with City Code Section 31-77(f), the proposed Zoning Code
amendment meets the criteria for approval in that:
1. The proposed amendment is consistent with goals, objectives and policies of
the City's Comprehensive Plan.
Upon approval of the amendment to the City's Comprehensive Plan Future
Land Use map, the rezoning to RMF5 would be consistent with the goals,
objectives and policies of the City's Comprehensive Plan.
2. The proposed zoning district is compatible with the surrounding area's zoning
designation(s) and existing uses.
M IAMI 1052 5158.3 100992/302121
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May 16, 2423
5
Page 5 Bilzin Sumberg
The proposed rezoning is consistent and compatible with the surrounding
area's designation and existing uses in that the RMF5 designation will be
limited to properties that abut existing developments that exceed 60 units per
acre.
3. The subject property is physically suitable for the uses permitted in the
proposed district.
As it applies to the Property, which is 1.55 acres in size, the uses permitted in
RMF5 are appropriate for the Property. As illustrated by the design of the
proposed building, and the efficient utilization of the site, the Property is
physically suitable for the proposed residential use.
4. There are sites available in other areas currently zoned for such use.
In addition to the Property, City staff has identified other sites that are being
rezoned for this use. Based on the limited sites for redevelopment of residential
properties east of Biscayne Boulevard, the proposed use will help meet the
ongoing demands for new residential units in this area.
5. If applicable, the proposed change will contribute to redevelopment of an area
in accordance with an approved redevelopment plan.
While not part of an approved redevelopment plan, the subject vacant site has
been ripe for redevelopment for many years. The proposed high profile
designed building will transform the dormant land into a vibrant new
development.
6. The proposed change would not adversely affect traffic patterns or
congestion.
Based on the trip comparison study, the proposed 139 residential dwelling units
generates only 48 AM peak hour trips and 56 PM peak hour trips where the
proposed development as of right, could develop a minimum of 43,800 square
feet of medical use, which would generate over twice as many AM peak hour
trips and more than three times the PM peak hour trips. See attached trip
generation comparison exhibits.
7. The proposed change would not adversely impact population density such
that the demand for water, sewers, streets, recreational areas and facilities,
and other public facilities and services would be adversely affected.
The proposed use will not have a negative impact on the water, sewer or other
levels of public facilities within a City, which will be evaluated for concurrency
as part of redevelopment of the site.
M IAM 1 10525158.3 100992/302121
Mr.Keven Klopp
May 96,2023 Page 8 .;= B11zin Sumberg
8. Whether the proposed change would have an adverse environmental impact
on the vicinity.
The proposed use will not have an adverse environmental impact on the
vicinity. As part of the development of the Property, the site will be reviewed
by the Miami-Dade County Division of Environmental Resources Management,
to ensure that the Property complies with the environmental regulations of the
County.
9. Whether the proposed change would adversely affect the health, safety, and
welfare of the neighborhood or the City as a whole.
The proposed change would not adversely affect the health, safety and welfare
of the neighborhood or City as a whole in that the proposed development is for
139 residential dwelling units as opposed to a more intense commercial use.
H. Requests
The Property is currently designated "Medium-High Density" residential on the
FLUM, and is zoned RMF4 on the Zoning Map. Our client proposes to create a "High
Density" residential land use category in the Comprehensive Plan and re-designate the
Property to "High Density" residential on the FLUM. Similarly, our client proposes to
create an RMF5 zoning category and to rezone the Property to RMF5 consistent with the
proposed new residential Future Land Use Map designation.
As part of the proposed development, our client will be seeking two companion
applications to proceed simultaneously with second reading of the above applications, if
the City approves the applications of the first reading.
These companion applications would include a conditional use approval to allow
139 residential dwelling units where 116 residential dwelling units would be permitted as
of right in the RMF5 district. Additionally, our client will be seeking conditional use
approval related to FAR and the shadow provision.
I. Proposed Development
Attached are the conceptual plans for development that our client proposes to
present for conditional use approval. Known for their forward thinking and innovative
designs, Idea Architects' site plan for Tal is slated to be an iconic building to serve as the
defining focal point in the area. The emblematic structure features a fluid curved flow that
is carried through the parking garage to create a seamless flow in a truly unique shape,
worthy of the approval for new development in Aventura.
The 22-story structure includes a four-story pedestal consisting of a lined and
screened parking deck with a connected curvilinear matching tower. The development
M IAMI 10525158.3 100992/302121
Mr.Keven Kfopp
May 16,2023
7
Page 7 Bilzin Sumberg
has been designed such that the portion of the L-shaped Property backing up to the RMF4
designated townhouses to the north will feature an attractive and active green space with
tennis courts a swimming pool and will provide attractive and serene views from all sides.
J. Conclusion
The proposed modifications to the Comprehensive Plan, the Future Land Use
Map, the land development regulation text, and the Zoning Map will allow this vacant and
historically underutilized Property to transform into an iconic building that Ave ntura will be
proud to feature in its City. The proposed development features 139 one-, two- and three-
bedroom condominium homes that are both attractive and functional, with an attractive
ground level amenities area defining much of the frontage of the site.
We respectfully request your favorable review of the Proposed Amendments.
Thank you for your review of the foregoing. Should you have any questions, please
do not hesitate to contact me at (305) 350-2351.
i
ruly yours,
Brian S. Adler
M IAM 1 10525158.3 100992/302121
EXHIBIT A
Proposed Comprehensive Development Master Plan Amendment
Land Use Element
Objective 2
Policy 2.1
The Future Land Use map shall identify all residential land as one of the following Residential Land Use
Categories:
Low Density.The residential densities allowed in this category shall range from a minimum of 2.5 to a
maximum of 6.0 dwelling units per gross acre.This density category is generally characterized by single-
family housing (e.g., single family detached, cluster, zero-lot-line and townhouses). It could include low-
rise apartments with extensive surrounding open space or a mixture of housing types provided that the
maximum gross density is not exceeded.
Low-Medium Density.This category allows a range in density from a minimum of 6.0 to a maximum of
13 dwelling units per gross acre.The types of housing typically found in areas designated low-medium
density include single-family homes, townhouses and low-rise apartments. Zero-lot-line single-family
developments in this category shall not exceed a density of 7.0 dwelling units per gross acre.
Medium Density.This category allows a range of densities from 13 to 25 dwelling units per gross acre.
The types of housing structure typically permitted in this category include townhouses and low-rise and
medium-rise apartments, but may also include single family detached, duplexes, triplexes, quadruplexes
and townhouses.
Medium-High Density.This category allows a range of densities from 25 to 60 dwelling units per gross
acre. In this category, the height of buildings, and, therefore, the attainment of densities approaching
the maximum, depends to a great extent on the dimensions of the site, conditions such as location and
availability of services, zoning, type of housing structure, the ability to provide sufficient off-street
parking, and the compatibility with and impact of the development on surrounding areas.The type of
housing structure typically permitted in this category includes low, medium and high-rise apartments,
but may also include single family detached, duplexes,triplexes, quadruplexes, townhouses and Limited-
Service Hotel in combination with Multifamily Residential Use. Additionally, the height of buildings and
attainment of densities approaching the maximum shall also be contingent on the ability of the
developer to ensure appropriate transitions and buffers with the surrounding neighborhood, and to
alleviate impacts that will adversely impact service levels and quality of life.
High Density.This category allows a range of densities from 60 to 90 dwelling units per gross acre on
parcels that are within one quarter mile of Biscayne Boulevard and which are adjacent to developments
that exist as of July 1, 2023 which are developed at a density of 60 units per gross acre or greater. In this
category, the height of buildings, and, therefore, the attainment of densities approaching the maximum,
MIAMI 10448043.2 100992/302121
5/16/2023 1:56 PM
depends to a great extent on the dimensions of the site, conditions such as location and availability of
services, zoning, type of housing structure,the ability to provide sufficient off-street parking, and the
compatibility with and impact of the development on surrounding areas.The type of housing structure
typically permitted in this category includes low, medium and high-rise apartments, but may also include
single family detached, duplexes, triplexes, quadruplexes, and townhouses.
MIAMI 10448043.2 100992/302121
5/16/2023 1:56 PM
EXHIBIT B
Sec. 31-143. Residential Zoning Districts.
(h) Multifamily High Density Residential Districts(RMFS). The following regulations shall apply to all RMFS
Districts.
(1) Purpose of districts. The purpose and intent of this district is to provide suitable sites for the
development of well-planned,environmentally compatible high density multifamily residential use in
areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not
exceed 75 units per gross acre.
(2) Uses permitted. No building or structure,or part thereof,shall be erected,altered or used,or land used
in whole or part for other than one or more of the following specific uses:
a. All Uses permitted in the RMF4 District other than limited service hotels.
(2a) Conditional uses.The following uses may be established if first approved as a conditional use:
a. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district.
b. Uses that exceed the height limitation,to a maximum height of 30 stories or 300 feet,or to a
maximum height of 35 stories or 350 feet for any property which was granted a waiver pursuant
to section 3 of Ordinance 2005-07.
C. Buildings designed and situated in a way that they cast a shadow upon properties located in
Business Zoning Districts defined under Section 31-144.
d. Uses that exceed the density limitation,to a maximum of 90 dwelling units per gross acre.
e. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code, increased lot coverage, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants; and;that
increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat
island effect are located on site,all in an amount equal to the requested increased lot coverage.
f. For buildings that attain LEED°Gold or Platinum certification as provided in article VI of chapter
14 of the City Code, increased floor area ratio.
(3) Site development standards.
a. Minimum lot area and width:
1. Duplexes,townhouses, low-and mid-rise [apartments]:As required in the RMF3 and
RMF3AZoning Districts.
2. High-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area.
b. Maximum height:
1. Duplexes:Two stories or 25 feet.
2. Townhouses:Three stories or 35 feet.
3. High-rise apartments: 25 stories or 250 feet.
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(Supp. No.45)
Page 1 of 3
Each proposed building or structure which exceeds 100 feet in height shall be designed and
situated such that the shadow created by the sun at 12:00 noon on December 21 (a sun angle of
41 degrees)will not fall on any adjacent property except for public road rights-of-way, public or
private waterways and docks. Shadow studies shall be provided to the Community Development
Department.
C. Plot coverage:The combined plot area covered by all principal and accessory buildings shall not
exceed 40 percent of the area of the lot.
d. Setbacks:
1. Front yards: Minimum of 25 feet in depth.
2. Side yards:
i. Townhouse and duplexes: Principal structure,ten feet. Upon corner plots in all
zoning districts included in this section there shall be a frontyard as herein
specified,and in addition thereto,a side yard at least 20 feet in width on the
side of the plot abutting on the side street.
ii. Low-, mid-and high-rise apartments: 25 feet in depth.
3. Rear yards: Minimum of 25 feet.
e. Minimum distances between buildings: Primary use buildings shall be separated by at least 30
feet at the closest point or by the sum of the building heights divided by two,whichever is
greater.
f. Minimum floor areas:The minimum floor area not including garage or unairconditioned areas
shall be as follows:
Multiple-family dwelling unit:
Efficiency unit:800 square feet.
One bedroom unit: 900 square feet.
Two bedroom unit: 1,050 square feet.
For each additional bedroom in excess of two add 150 square feet.
Efficiency units shall not exceed 20 percent of the total number of units within a building.
g. Minimum open space:40 percent of the total lot area.Said open space shall be unencumbered
with any structure or off-street parking,and shall be landscaped and well maintained with grass,
trees, and shrubbery.
h. Accessibility:All multi-family development projects within the zoning district shall provide a
walkway that links buildings and parking areas to onsite amenities.
i. Floor area ratio:The floor area ratio shall not exceed the following, provided, however,that
structure parking shall not count as a part of the floor area, but shall be counted in computing
building height.
Height of Building Floor Area Ratio
1 story 0.40
2 story 0.60
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Created: 2023-03-14 12:45:34 [EST]
(Supp. No.45)
Page 2 of 3
3 story 0.80
4 story 1.00
5 story 1.20
6 story 1.40
7 story 1.60
8 story 1.80
9 story or over 2.00
j. Development shall be subject to the criteria set out in this section. Redevelopment shall follow
the site development standards with the exception that any property on which the density
allowed by the site development standards is exceeded by existing development,the new density
on redevelopment shall not exceed that allowed in the site development standards and further
provided that if development has received site plan approval, is under construction or existed
prior to the effective date of this provision with density lower than allowed by this section,
redevelopment shall be limited to that lower density and to the existing number of bedrooms,
unless otherwise provided by expressly authorized conditional use approval.
(4) Aboveground storage tanks. Aboveground storage tanks(AST)are permitted as a conditional use only
as an accessory use and only for the purpose of storing fuel for emergency generators.ASTs must
conform to the following requirements:
a. Be of 2,000 gallons capacity or less.
b. Be installed and operated under a valid permit from the Miami-Dade County Department of
Environmental Resources Management.
C. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or
gate.Such wall shall be landscaped in accordance with the City's Landscape Code.
d. Be located in a manner consistent with the site development standards of the RMF4 zoning
district.
Installation of any AST shall require a building permit from the City.Application for building permit
shall be accompanied by a site plan indicating the location of the AST relative to property lines,the
primary structure served by the AST,any other structures within 300 feet as well as a landscape plan
prepared by a Florida licensed architect or landscape architect and other supporting documentation as
deemed necessary by the City Manager or designee.
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(Supp. No.45)
Page 3 of 3
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TRAFFIC ENGINEERING-CIVIL TRANSPORTATION
1750 PONCE DE LEON BOULEVARD I CORAL.GABLES,FLORIDA 33134
305.447.09001 DPAODPLUMMER.COM
May 16, 2023
Matt Rosenblatt
GOT 183, LLC
3802 NE 207 Street,Unit 2802
Aventura, FL 33180
(646) 775-1155 (m)
mgotflippedggmail.com
RE: TAL Aventura Traffic Statement-#22123
Dear Matt,
The proposed TAL Aventura project is located at 2785 NE 183rd Street in Aventura, Florida. The
project is proposing a residential development consisting of 139 dwelling units. The site was
previously occupied by 21,837 SF of medical office. However,the maximum allowable under the
existing zoning is 43,800 SF of medical office space. Access to the project site will be provided
via two,two-way driveways. One driveway will be located along NE 183rd Street and one driveway
will be located along an internal roadway parallel to NE 183rd Street. The proposed site plan is
available in Attachment A.
Trip Generation
A trip generation comparison was conducted to determine the net new project trips of the proposed
project when compared to the previously existing and maximum allowable development programs.
The proposed and approved project trip generation was calculated based on the rates / equations
published by the Institute of Transportation Engineers(ITE)Trip Generation Manual, I Ith Edition.
This manual provides gross trip generation rates and/or equations by land use type. These rates
and equations estimate vehicle trip ends at a free-standing site's driveways. (Trip generation
worksheets are available in Attachment B.) The US Census Bureau provides data on other means
dP®
Since 1978
of transportation. Census survey data shows a 4.8% use of other modes of transportation (2.1%
transit, 1.1% walk, and 1.6% bike) for Census tract 1.31. Trip generation calculations were
performed for a typical weekday, as well as, AM and PM peak hours of the adjacent street (see
Attachment B).The proposed project,previously existing, and maximum allowable trip generation
calculations are summarized in Exhibit 1.Exhibit 2 summarizes the net trip difference between the
development programs.
Exhibit 1
Project Trip Generation Summary
Proposed
Proposed ITE Land Use Number Daily AM Peak Hour PM Peak Hour
Designation) of Units Vehicle Vehicle Trips Vehicle Trips
Trips In Out Total In Out Total
Multifamily Housing(High-Rise)
139 DU 900 13 37 50 37 22 59
Land Use Code: 222
Total Gross Trips 900 1 13 37 50 1 37 22 59
Other Modes of Trans ortation2 4.8% -43 1 -1 1 -2 1 -2 1 -2 1 -1 -3
Net Proposed Trips 1 857 1 12 1 35 1 48 1 35 1 21 56
Based on ITE Trip Generation Manual, 1lth Ed.
Based on US Census(tract 1.31)And Local Characteristics.
Previously Existin
Previously Existing ITE Land Number Daily AM Peak Hour PM Peak Hour
Use Designation' of Units Vehicle Vehicle Trips Vehicle Tri s
Trips In Out Total In Out Total
Medical-Dental Office Building 21,837 SF 830 48 13 61 26 60 86
Land Use Code: 720
Total Gross Trips 830 48 13 61 1 26 60 86
Other Modes of Trans ortation2 4.8% -40 1 -2 1 -1 1 -3 1 -1 1 -3 -4
Net Proposed Trips 790 46 1 12 1 58 1 25 1 57 1 82
Based on ITE Trip Generation Manual, 1lth Ed.
Based on US Census(tract 1.31)And Local Characteristics.
Maximum Allowable
Maximum Allowable ITE Land Daily AM Peak Hour PM Peak Hour
Number Vehicle Vehicle Trips Vehicle Trips
Use Designation' of Units Trips In Out Total In Out Total
Medical-Dental Office Building 43,800 SF 1,774 91 24 115 53 123 176
Land Use Code: 720
Total Gross Trips 1 1,774 91 24 115 1 53 123 176
Other Modes of Trans ortation2 4.8% -85 1 -4 1 -1 1 -6 1 -3 1 -6 -8
Net Proposed Trips 1 1,689 1 87 1 23 1 109 1 50 1 117 168
Based on ITE Trip Generation Manual, 1lth Ed.
Based on US Census(tract 1.31)And Local Characteristics.
Re:TAL Aventura Traffic Statement Analysis-#22123 Page 2
P®
Since 1978
Exhibit 2
Net Trip Difference Between Development Programs
Proposed vs Previousl Existin Trip Difference
Daily AM Peak Hour PM Peak Hour
Scenario Vehicle Vehicle Trips Vehicle Tri s
Trips In Out Total In Out Total
Proposed 857 12 35 48 35 21 56
Previously Existing -790 -46 -12 -58 -25 -57 -82
Net New Vehicle Trips 67 -33 23 -10 10 -36 -26
Proposed vs Maximum Allowable Trip Difference
Daily AM Peak Hour PM Peak Hour
Scenario Vehicle Vehicle Trips Vehicle Trips
Trips In Out Total In Out I Total
Proposed 857 12 35 48 35 21 56
Maximum Allowable -1,689 -87 -23 -109 -50 -117 -168
Net New Vehicle Trips -832 -74 12 -62 -15 -96 -111
Conclusions
The results of the trip generation comparison show that the proposed project will generate 67 more
daily trips, 10 less AM peak hour trips, and 26 less PM peak hour trips when compared to the
previously existing development. The results also show thatthe proposed project will generate 832
less daily trips, 62 less AM peak hour trips, and 111 less PM peak hour trips when compared to
the maximum allowable development. Since the proposed project generates less than 100 net new
two-way vehicle trips during the AM and PM peak hours, the project will not affect the level of
service (LOS) of the adjacent roadway network.
We stand ready to provide any support needed for this project. Should you have any questions or
comments, please call me at(305) 447-0900.
Si/Espfflinosa,
Ju
E
Vice-President— Transportation
w:A22\22123\trip gen\tal aventura traffic letter may 2023.docx
Re:TAL Aventura Traffic Statement Analysis-#22123 Page 3
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Since 197a
CITY OF AVENTURA ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP BY CHANGING THE ZONING
DESIGNATION FOR THE 1.55 ACRE PARCEL OF LAND LOCATED AT
2785 NE 183 STREET FROM MULTIFAMILY HIGH DENSITY
RESIDENTIAL DISTRICT (RMF4), TO TRANSIT ZONE HIGH DENSITY
RESIDENTIAL DISTRICT (RMF5); PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 31 "Land Development Regulations", Article V
Development Review Procedures", Section 31-77 "Amendments to the Land
Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City
Code"), the Applicant, Brian S. Adler, Esq. c/o Bilzin Sumberg, on behalf of Got183 LLC,
through Application No. REZ2305-0001, has applied to amend the Official Zoning Map of
the City of Aventura by amending the zoning designation of the 1.55 acre parcel of land
located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east
of NE 27th Avenue, from RMF4, High Density Residential District, to RMF5, Transit Zone
High Density Residential; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes, and as the Local
Planning Agency has determined that the rezoning is consistent with the applicable
provisions of the City Comprehensive Plan; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with the law; and
WHEREAS, the City Commission has reviewed the rezoning application and has
considered the testimony of all interested parties at the public hearings, and has
determined that the rezoning action set forth in this Ordinance is consistent with the
Comprehensive Plan and furthers the health, safety and welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
City of Aventura Ordinance No. 2023-
Section 2. Official Zoning Map Amended. That pursuant to Chapter 31 "Land
Development Regulations", Article V "Development Review Procedures", Section 31-77
"Amendments to the Land Development Regulations and Official Zoning Map" of the City
Code of Ordinances ("City Code"), the Official Zoning Map of the City of Aventura is
hereby amended to change the zoning designation for the Property, legally described in
Exhibit "A", from RMF4, High Density Residential District, to RMF5, Transit Zone High
Density Residential.
Section 3. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Revision of Zoning Map. That it is the intention of the City
Commission, and it is hereby ordained that the Official Zoning Map
of the City may be revised to accomplish such intentions (Exhibit "B").
Section 5. Disclaimer and Condition. That pursuant to Section 166.033, Florida
Statutes, all applicable state and federal permits must be obtained before commencement
of the development. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of a development order if the applicant fails to obtain requisite approvals or fulfill
the obligations imposed by a state or federal agency or undertakes actions that result in
a violation of state or federal law. All applicable state and federal permits must be obtained
before commencement of the development. This condition is included pursuant to Section
166.033, Florida Statutes, as amended.
Section 6. Effective Date. That this Ordinance shall be effective upon approval
by the Florida Department of Economic Opportunity of the Future Land Use Map
designation amendment for the property from Medium High Density to High Density
Residential.
Page 2 of 4
City of Aventura Ordinance No. 2023-
The foregoing Ordinance was offered by Commissioner Kruss, who moved its
adoption on first reading. The motion was seconded by Commissioner Joel, and upon
being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Amit Bloom Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. The motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Amit Bloom
Mayor Howard S. Weinberg
PASSED on first reading this 6th day of June, 2023.
PASSED AND ADOPTED on second reading this 7t" day of November, 2023.
Page 3 of 4
City of Aventura Ordinance No. 2023-_
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this day of , 2023.
CITY CLERK
Page 4 of 4
EXHIBIT "Al'
LEGAL DESCRIPTION
PARCEL 1: (EXHIBITION CENTER)
A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG
THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION
3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE
CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE,
FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY,
SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00
FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42
FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A
LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO,THE EAST
LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR
281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEET TO THE POINT
OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.
PARCEL 2: (PARKING LOT)
A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG
THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID
SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL;
THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED
COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS
NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED
CURVE; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO
THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56
SECONDS FOR AN ARC DISTANCE 202.15 FEETTO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57
MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING, ALL LYING AND
BEING IN MIAMI-DADE COUNTY, FLORIDA.
1W0627158.11
EXHIBIT "B"
AVENTURA ZONING MAP
®® MO ROS
cF ROS
R
MO RMF3
CNS
RS2 RMF3
B2 RMF3 RMF4
C3
®p
c D MA
WE 897TM
M
RMF4 RMF3 CNS
N DR
I
CM R
® B2 rRMF4
,� D CF RMF3
�p�W_ RMF4
U RMF3 �
RMF4
RMF3
RS2
CF
B2 ROS
RMF4
B2
RMF4
RS1 RESIDENTIAL SINGLE—FAMILY
RS2 SINGLE—FAMILY RESIDENTIAL RMF4 WM PENMAN 0 CF
MULTI—FAMILY MEDIUM DENSITY RESIDENTIAL
E 192ND ST RMF4 RMF4
RMF3A MULTI—FAMILY MEDIUM DENSITY RESIDENTIAL CF ROS
RMF3B MULTI—FAMILY MEDIUM DENSITY RESIDENTIAL wI9M ST
RMF4 MULTI—FAMILY HIGH DENSIT RESIDENTIAL RMF3
RMF5 TRANSIT ZONE HIGH DENSITY RESIDENTIAL TCI RMF3 CF CNS
RMF M RO RMF3B
B1 NEIGHBORHOOD BUSINESS
B2 COMMUNITY BUSINESS RMF
RS2
B3 HEAVY BUSINESS B2 x U RMF3
i TOWN CENTER
RMF4
193 ST
_ TOWN CENTER MARINE
RMF4
_ TOWN CENTER NEIGHBORHOOD
_ TOWN CENTER OFFICE PARK MIXED USE
_ OFFICE PARK B2
MO MEDICAL OFFICE RMF4
RMF3A
M1 LIGHT INDUSTRIAL
CF COMMUNITY FACILITIES
ROS RECREATION OPEN SPACE Note: Enabling amendments having been adopted,the following
CNS CONSERVATION CNS revisions have been made:
U UTILITIES Revision Date Ordinance No. Revision Date Ordinance No.
819/00 2000-03/04/05 7/10/12 2012-08
1/8/02 2002-02 215/13 2013-02
315/02 2002-10 214/14 2014-13
315/02 2002-06 7/7/15 2015-06
315/02 2002-08 11/7117 2017-14
Adopted July 1999 912/03 2003-10*RMF4 Zoning 3/6/18 10/6/20 2018-102
limited to 45 d.u.a.
3126/04 2004-01 5/4/21 2021-04
611/04 2004-11 10/5/21 2021-19
11/1/05 2005-16 7/19/22 2022-13
10/3/06 2006-16
3113/07 2007-06
7/10/07 2007-11
6129/09 2009-13
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson
City Manager
er
BY: Keven R. Klopp
Community Devel/pm*en9tDirector
DATE: November 3, 2023
SUBJECT: Request by Got183 LLC for Conditional Use Approval for a Residential
Development Proposed at 2785 NE 183 Street
("Tal Aventura" — CUP2308-0001)
November 7, 2023 Local Planning Agency Meeting Agenda
November 7, 2023 City Commission Meeting Agenda
SUMMARY
The City Commission approved, on first reading in June of 2023, a rezoning which would
allow the subject Conditional Use request for this project located at 2785 NE 183 Street,
a residential development known as Tal Aventura, to be approved.
THE REQUEST
The applicant, Bilzin Sumberg, on behalf of Got183, LLC, is requesting Conditional Use
approval pursuant to proposed Section 31-143(h)(3)c of the City's Land Development
Regulations (the "LDRs") to allow a building to cast a shadow on properties located in the
Business Zoning District; Conditional Use approval pursuant to proposed Section 31-
143(h)(3)d of the LDRs to allow densities of 90 dwelling units per acre, where the City
Code would allow a maximum of 75 dwelling units per acre; Conditional Use approval
pursuant to proposed Section 31-143(h)(3)(e) to allow lot coverage of 44% where 40% is
permitted for buildings that attain LEEDO Gold or Platinum certification as provided in
article VI of chapter 14 of the City Code, provided that a green roof and/or green rooftop
amenities are provided and maintained for the common benefit of building occupants;
and; that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed
to calm the heat island effect are located on site, all in an amount equal to the requested
increased lot coverage; and Conditional Use approval pursuant to proposed Section 31-
143(h)(3)f of the LDRs to allow a Floor Area Ratio ("FAR") of 3.6 for a LEED Gold or
Platinum certified building, where the Code allows a maximum FAR of 2.0. The applicant's
Letter of Intent is attached as Exhibit#1 to this staff report.
BACKGROUND
OWNER OF PROPERTY: Got183, LLC
NAME OF APPLICANT Brian S. Adler, Esq.
Bilzin Sumberg
LOCATION OF PROPERTY 2785 NE 183 Street
Fol io(s): 28-2203-000-0273
28-2203-000-0259
See Exhibit #2 for Location Map
SIZE OF PROPERTY 1.553 acres +/-
See Exhibit #3 for Legal Description
The property consists of approximately 1.553 acres of land located on the north side of
NE 183 Street, in the area east of Biscayne Boulevard and situated further east of NE 27
Avenue.
The applicant had previously submitted four applications related to this request that were
presented to the City Commission for first reading on June 6, 2023. The first application
amends the City's Comprehensive Plan by creating a High-Density Residential Land Use
Category; the second application changes the City's Comprehensive Plan Future Land
Use Map designation for the subject parcel from Medium-High Density Residential to
High-Density Residential; the third application is intended to amend the Land
Development Regulations of the City Code of Ordinances to provide regulations for the
creation of the new zoning district "Transit Zone High Density Residential" (RMF5); and
lastly, the fourth application will amend the Official Zoning Map of the City by changing
the designation of the subject property from Multifamily High Density Residential District
(RMF4) to RMF5. These applications are on the November 7 City's commission meeting
agenda to be presented for second reading and final approval. The LPA's
recommendation regarding this Conditional Use approval will be presented to the City
Commission concurrently with and contingent upon the above stated applications being
approved by the City Commission at second reading.
The proposed structure consists of a 23-story building accommodating 139 residential
units and amenities towering over a four-story pedestal lined to screen the parking deck
which holds 282 parking spaces. See Exhibit#4 for proposed development.
ANALYSIS
Future Land Use Designation
Subject Property: TBD
Property to the North: Business and Office
Property to the South: Medium-High Density Residential
Property to the East: Medium-High Density Residential
Property to the West: Business and Office
2
Zoning
Subject Property: TBD
Properties to the West: Multi-Family High Density Residential (RMF4)
Properties to the East: Multi-Family High Density Residential (RMF4)
Properties to the North: Community Business District (B2)
Properties to the South: Multi-Family High Density Residential (RMF4)
Existing Land Use
Subject property: Vacant
Properties to the North: Retirement Home
Properties to the South: Multi-Family Residential
Properties to the East: Multi-Family Residential
Properties to the West: Retirement Home
Access — The property is accessible from NE 183 Street.
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 Medium-High Density Residential and the
proposed future land use designation is High-Density Residential.
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 proposed use is consistent with the community character of the immediate
neighborhood. Residential buildings of medium and high densities are adjacent to the
property on all four directions.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of these
LDR's.
Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services exist at the City's adopted levels of service or will
3
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. Traffic studies
conducted establishes that the proposed use represents a significant decrease in
impact on the public streets compared to what would be generated under the previous
Community Business District designation.
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 appropriate transitions and
buffers with the surrounding neighborhood. The proposed building is designed to
comply with Green Building standards.
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 October 13,
2023 and listed in Exhibit 4, unless otherwise subsequently amended by an
administrative site plan approval.
2. 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.
3. A Public Works permit must be submitted for any improvements within the City
ROW.
4. Fire Department must provide approval during site plan review.
4
EXHIBIT #1
Bilzin Sumberg
Brian S.Adler, Esq.
Tel 305.350.2351
Fax 305.351.2206
badler(a-)bilzin.com
September 20, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Letter of Intent -Application for Conditional Use Approval
2785 NE 183rd Street, Aventura, Florida
Folio Numbers 28-2203-000-0250 and -0273 (the "Property")
Dear Mr. Klopp:
Letter of Intent
This firm represents Got183 LLC as the contract purchaser of the above Property.
Please consider this our formal letter of intent in connection with an application for
conditional use approval as it relates to the proposed development on the Property.
A. The Property
The Property consists of approximately 1.55 acres located on NE 183rd Street, in
the area east of Biscayne Boulevard, situated further east of NE 27th Avenue. The
Property is currently designated Medium-Density Residential on the Future Land Use
Map and is currently zoned RMF4.1 As detailed further below, simultaneous with this
conditional use request are companion applications seeking to re-designate the Property
to High Density Residential on the City's Future Land Use Map, and RMF5 on the City's
zoning map.
1 The Property was rezoned from B2 to RMF4 pursuant to Ordinance No. 2022-13 and re-designated from Business
and Office to Medium-High Density Residential on the City of Aventura Future Land Use Map pursuant to Ordinance
No. 2022-12. As discussed further below, the Property's former B2 zoning and Future Land Use designation allowed
for developments that generated significantly more traffic than the proposed development.
MIAMI 10610843.6 100992/302121
Bilzin Sunibei- Ba na Price f1 Axelrod L.1_,P 1450 B—fickell Avenue,2 rd F[i.or, [ilia ni,Flcn-ida 3313 3 5b
Mr.Keven Klopp
September 20, 2023
Page 2 Bilzin Sumberg
The Property is located within Miami-Dade County's SMART Plan Corridor Buffer
Area and in the Rapid Transit Zone "RTZ" and is located within one quarter mile of
Biscayne Boulevard.
Adjacent to the Property to the south at 2700 NE 183 Street is a multi-family
residential building known as Commodore Plaza, which includes in excess of 650 dwelling
units on 8.5+/- acres, at approximately 76.9 units per acre. Similarly, Del Prado and
Imperial, to the west of the Property, are similarly developed at densities exceeding 70
dwelling units per acre. Further, Admiral's Port, adjacent to the Property on the east, is
developed at approximately 90 dwelling units per acre.
The City of Aventura Comprehensive Plan continues to focus on redevelopment.
The subject Property is one of the few remaining redevelopment opportunities in this area
and is ripe for redevelopment. We are pleased to present a proposed project to the City
to transform this vacant and historically underutilized parcel into a prominent, attractive
and iconic development.
B. Demands for Housing Needs in Proximity to Transit
The proposed development is consistent with both the goals and policies of the
City's Comprehensive Plan and with the RTZ regulations. The City's Future Land Use
Map already identifies the High Density Residential in the adjacent jurisdiction. Across
the railroad on the West side of Biscayne Boulevard is the Ojus Urban Center District,
allowing up to 250 residential dwelling units per acre.
Comprehensive Plan Policy 4.4 of Objective 4 of the Transportation Goal identifies
the need for higher density residential areas to be located near transit service areas.
Additionally, the Transportation Goal on Page 37 of the Comprehensive Plan identifies
the promotion of public transit as a Transportation Goal. A County bus route runs along
Biscayne Boulevard and the Aventura Brightline Station is located just west of Biscayne
Boulevard.
Additionally, numerous articles and studies highlight the shortage of housing in
Florida, including South Florida and the continued need for housing, in part due to the
influx of new residents to the state. This development at 90 units per acre within the City
of Aventura would be one way to address the housing shortage, particularly since
Aventura is a desirable place to live for those moving from New York or California due to
its diverse retail, restaurants, and culture.
C. Simultaneous Rezoning and Comprehensive Plan Amendments
As part of the proposed redevelopment of the Property, the Applicant has two
public hearing applications currently pending before the City of Aventura, one for a re-
designation of the Property on the City's Comprehensive Plan from Medium-High Density
Residential to High Density Residential, and one to rezone the Property from RMF4 to
MIAMI 10610843.6 100992/302121
Mr.Keven Klopp
September 20, 2023
Page 3 Bilzin Sumberg
RMF5. Both items passed on first reading on June 6, 2023, and are scheduled for second
reading at the City's September Commission meeting. We request this application to
proceed simultaneously with the second reading of the pending applications.
As illustrated in the attached Tal Aventura Traffic Statement, submitted in
connection with the pending applications, the traffic consultants, David Plummer &
Associates, evaluated the proposed development of 139 residential units and noted that
the proposed development produces 56 net PM peak hour trips, compared to the
immediate prior use, that consisted of a 21,837 square foot medical office development,
which produced 82 net PM peak hour trips. Further, the previous zoning designation of
B2 would have permitted much more intense development as of right. The traffic
consultants evaluated a modest variance- and conditional use-free proposal of a 43,800
square foot medical office that could be developed as of right under the prior zoning, and
determined such use would generate 168 PM peak hour trips, which is 112 more trips
than generated by the proposed development. While the proposed development
represents an increase over the current conditional use approved by Resolution No.
2022-60, it represents a decrease in FAR and height over the immediately approved
development and a significant reduction from the prior use on the Property and what could
have been built as of right under the prior zoning. Therefore, the proposed use generates
far fewer net PM peak hour trips than the immediate prior use and the maximum
development under the former B2 zoning designation.
D. Proposed Development
Attached are the conceptual plans for development that our client proposes to
present for conditional use approval. Known for their forward thinking and innovative
designs, Idea Architects has created a site plan taking advantage of the unique L-shape
of the parcel and created an aesthetically pleasing design with undulating balconies
defining the center of the building, capped with curvilinear edges, utilizing the structure's
glass as the focal point. The fluid curved design carries through the parking garage to
create a seamless flow in a truly unique shape, worthy of the approval for new
development in Aventura.
The 23-story structure includes a four-story pedestal consisting of a lined and
screened parking deck with a connected curvilinear matching tower. The development
has been designed such that the portion of the L-shaped Property backing up to the RMF4
designated townhouses to the north will feature an attractive and active green space with
tennis courts a swimming pool and will provide attractive and serene views from all sides.
The development includes a mix of mostly one-, two- and three- bedroom units
with four of the units featuring four bedrooms. The proposed building at 23 stories with
an FAR of approximately 3.6, is a reduction in height and floor area from the building
approved pursuant to Resolution No. 2022-60, which was 26 stories in height and had an
FAR of 4.0. It also generates far less traffic than the previously permitted office use, as
discussed above. The proposed development consists of 139 units (allowed under the
MIAMI 10610843.6 100992/302121
Mr.Keven Klopp
September 20, 2023
Page 4 Bilzin Sumberg
RMF5 designation with conditional use approval) and would be compatible with the
surrounding uses.
E. Requests
In order to develop this attractive new addition to the Aventura landscape, our
client is requesting conditional use approval in connection with the anticipated RMF5
zoning designation. Our client is seeking Conditional Use Approval as follows-
(i) Conditional Use Approval per Section 31-143(h)(2a)(c) to allow a building
in the RMF5 district to cast a shadow upon a property located within a
business zoning district (note this was approved as part of the prior
conditional use approval as well).
(ii) Conditional Use Approval per Section 31-143(h)(2a)(d) to allow a density of
90 units per acre where 75 units per acre is permitted as-of-right.
(iii) Conditional Use Approval per Section 31-143(h)(2a)(f) related to green
buildings, to permit a floor area ratio (FAR) of 3.6 with a green building
(previously approved at 4.0).
(iv) Conditional Use Approval per Section 31-143(h)(2a)(e) related to green
buildings, to allow a lot coverages of 44% where 40% is permitted as-of-
right.
F. The Proposed Conditional Uses Meet the Standards Set Forth Under City
Code Section 31-73(c)
In accordance with City of Aventura Code Section 31-73(c), the above requests
for conditional use approval meets the criteria for approval as described below-
1. The proposed use shall be consistent with the Comprehensive Plan.
Upon approval of the amendment to the City of Aventura's Comprehensive
Plan Future Land Use Map, the Property will be re-designated to High Density
Residential. The proposed development complies with the maximum density
permitted by the proposed Comprehensive Plan designation. Further, the
development has been designed such that the portion of the "L" shaped
property backing up to the townhouses to the north (which are designated
RMF4), will feature an attractive and green space with amenities courts,
swimming pool, and serene views from all sides, with the larger portion of the
developed Property to be adjacent to adjacent other taller buildings.
Therefore, appropriate transitions and buffers with the surrounding
neighborhood has been provided, and the impacts of the proposed
MIAMI 10610843.6 100992/302121
Mr.Keven Klopp
September 20, 2023
Page 5 Bilzin Sumberg
development are far less than the previous use or the otherwise permitted use
under the current comprehensive plan and zoning designations.
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 proposed use is a residential development consistent with other residential
developments in the area. As such, the development will be governed by a
condominium association to ensure the maintenance and operation of the use
will be in accordance with the City Code and similar to other residential
developments. Additionally, as evidenced by the traffic study, the proposed
use will generate fewer PM peak hour trips and therefore should improve traffic
safety over the prior or permitted use.
3. The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The rezoning of the Property is consistent and compatible with the zoning on
the surrounding areas and with the existing surrounding uses. The RMF4
designation abuts the Property to the east, north, and northeast, as well as the
properties directly across NE 183rd Street. The development is consistent with
community character of the residential condominiums in the immediate
neighborhood, many of which were built in the 1970's. For example,
Commodore Plaza development directly across from the Property was built in
1971, at approximately 30 stories has a density of over 75 units per acre.
Similarly, Admirals Port abutting the Property to the east was built in 1974 was
developed at 22 stories with approximately 90 dwelling units per acre.
Therefore, the proposed development is not out of character with the immediate
neighborhood.
4. Utilities, roadway capacity, drainage, and other necessary public facilities,
including police, fire and emergency services, shall exist at the City's adopted
level of service, or will be available concurrent with demand as provided for in
the requirements of these LDRs.
Attached to this application is a traffic statement prepared by David Plummer
& Associates. The traffic statement illustrates that the roadway capacity will be
less impacted by the proposed development, than either of the immediate prior
development or the allowable as-of-right uses under the B2 district. Utilities,
drainage and other public facilities are addressed through the building permit
process to ensure compliance with the City Code and level of service
requirements.
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.
MIAMI 10610843.6 100992/302121
Mr.Keeen Klopp
September 20, 2023
Page 6 Bilzin Sumberg
As noted above, and as illustrated by the attached traffic statement, the
proposed use represents a significant decrease in impact on the public streets,
with a minimal 56 net PM peak hour trips, a fraction of the 168 net PM peak
hour trips that would be generated, under the previous B2 zoning district.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The surrounding properties are all developed and shall and thus development
of the Property in accordance with the conditional use approval will not impede
development of the already developed properties. Further, even if the adjacent
properties were vacant or to be redeveloped, the proposed development with
the conditional uses does not impede development of the surrounding
properties.
7. The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property for use of building
orientation, setbacks, buffers, landscaping and other design criteria.
As noted above, the proposed development has been carefully designed to
minimize impact on the adjacent properties. The proposed ground level
amenities area that backs up to the townhomes, features attractive green space
and other at grade amenities. The property frontage is landscaped to beautify
the street, and the unique design of the proposed is structure facilities the flow
of air and light. The angle of the proposed structure also has been specifically
designed to limit the impact on adjacent properties.
G. Conclusion
The proposed development seeks to transform a vacant and historically
underutilized property into an iconic building that Aventura will be proud to feature in its
City. The proposed development features 139 condominium homes that are both
attractive and functional, with an attractive ground level amenities area defining much of
the frontage of the site.
We respectfully request your favorable review of the conditional use approval.
Thank you for your review of the foregoing. Should you have any questions, please
do not hesitate to contact me at (305) 350-2351.
Very truly yours,
c�, 146(16f-
Brian S. Adler
MIAMI 10610843.6 100992/302121
Bilzin Sumberg
Brian S.Adler, Esq.
Tel 305.350.2351
Fax 305.351.2206
badler(Wbilzin.com
October 13, 2023
Mr. Keven Klopp
Community Development Director
City of Aventura
Government Center
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Supplemental Letter of Intent -Application for Conditional Use
Approval
2785 NE 183rd Street, Aventura, Florida
Folio Numbers 28-2203-000-0250 and -0273 (the "Property")
C U P2207-0001
Dear Mr. Klopp:
Supplemental Letter of Intent
In connection with the request for Conditional Use Approval CUP2207-001, on
behalf of Got183 LLC (the "Applicant), we submit this Supplemental Letter of Intent and
the attached revised sheets addressing the comments from City staff which include:
Sheets A-001, A-003, A-080, and A-700.
Below are responses to the City's outstanding comments.
1. Conditional Use Approval per Section 31-143(h)-( (3)(c) to allow a building in the
RMF5 district to cast a shadow upon a property located within a business zoning
district (note this was approved as part of the prior conditional use approval as
well). Sun study must be undertaken at 12.00 noon on December 21, please
provide this information on Sun Study sheet A-700.
RESPONSE: The request is for a Conditional Use Approval per Section 31-
143(h)(3)(c) to allow a building in the RMF5 district to cast a shadow upon a
property located within a business zoning district. Please refer to Sheet A-700,
which notes that the sun study was performed at 12:00 noon on December 21.
MIAMI 10946537.2 100992/302121
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Mr.Keven Klopp
October 13, 2023
Page 2 IM> BilzinSumberg
2. Conditional Use Approval per Section 31-143(h)-( (3)(d) to allow a density of 90
units per acre where 75 units per acre is permitted as-of-right.
RESPONSE: The request is for a Conditional Use Approval per Section 31-
143(h)(3)(d) to allow a density of 90 units per acre where 75 units per acre is
permitted as-of-right.
3. Conditional Use Approval per Section 31-143(h)ga4(3)(f) related to green
buildings, to permit a floor area ratio (FAR) of 3.60 with a green building (previously
approved at 4-0 4.3. FAR: 3.84. Please revise calculations.
RESPONSE: The request is for a Conditional Use Approval per Section 31-
143(h)(3)(f) related to green buildings, to permit a floor area ratio (FAR) of 3.6 with
a green building (previously approved at 4.3). The explanation of the FAR
calculation is provided below in response to comment 5.
4. Conditional Use Approval per Section 31-143(h){- (3)(e) related to green
buildings, to allow lot coverages of 44% where 40% is permitted as-of-right.
Provide lot coverage diagram.
RESPONSE: The request is for a Conditional Use Approval per Section 31-
143(h)(3)(e) related to green buildings, to allow lot coverages of 44% where 40%
permitted as-of-right. Please refer to sheet A-080 for the lot coverage diagram.
5. Lot size: 67,663. FAR 3.84. Please revise/clarify calculations. From Data Table.-
Residential Units 194,010
Residential Lockers 9,335
Common Areas 30,985
Vertical Circulation 16,925
Services 9,080
Total SF 260,335
RESPONSE: The table above includes the area measured from the exterior face
of the exterior walls. According to Code Section 31-21, FAR is calculated by
dividing the gross floor area of the building on a lot by the gross area of that lot.
And gross floor area is defined as the floor area inside of the exterior walls
including elevators, stair wells, common corridors, trash rooms, common lobbies,
common rest rooms, meter rooms and ancillary power equipment rooms. The
revised Sheet A-003 included with this resubmittal calculates FAR using these
definitions. Accordingly, the Applicant is requesting a Conditional Use Approval to
permit a maximum FAR of 3.6.
MIAMI 10946537.2 100992/302121
Mr.Keven Klopp
October 13, 2023
Page 3 IM> BilzinSumberg
Thank you for your review of the foregoing. Should you have any questions, please
do not hesitate to contact me at (305) 350-2351.
Very truly yours,
(_lf�%Qft c�, 14606f-
Brian S. Adler
MIAMI 10946537.2 100992/302121
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Municipal Zone-RMF5 TRANSIT ZONE HIGH DENSITY RESIDENTIAL(Proposed) 0 0.28 0.55 1.1 mi
........ Subject Property 0 0.42 0.85 1.7 km
1__I Aventura Municipal Boundary
EXHIBIT filly
LEGAL DESCRIPTION
PARCEL 1: (EXHIBITION CENTER)
A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG
THE EAST LINE OFTHE SOUTHEAST 1/4OFTHE SOUTHWEST 1/4OFTHE SOUTHWEST 1/4 OF SAID SECTION
3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE
CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE,
FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY,
SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00
FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42
FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A
LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO,THE EAST
LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR
281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEETTO THE POINT
OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.
PARCEL 2: (PARKING LOT)
A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG
THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID
SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL;
THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED
COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS
NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED
CURVE; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO
THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56
SECONDS FOR AN ARC DISTANCE 202.15 FEETTO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57
MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING, ALL LYING AND
BEING IN MIAMI-DADE COUNTY, FLORIDA.
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CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL,
PURSUANT TO SECTION 31-143(H) OF THE CITY CODE OF
ORDINANCES; (1) TO ALLOW A BUILDING TO CAST A SHADOW ON
PROPERTIES LOCATED IN BUSINESS ZONING DISTRICTS; (2) TO
ALLOW A DENSITY OF 90 DWELLING UNITS PER ACRE WHERE THE
CITY CODE ALLOWS UP TO 75 DWELLING UNITS PER ACRE; (3) TO
ALLOW LOT COVERAGE OF 44% FOR A LEED GOLD OR PLATINUM
CERTIFIED BUILDING WHERE THE CODE ALLOWS 40%; AND (4)TO
ALLOW A FLOOR AREA RATIO (FAR) OF 3.6 FOR A LEED GOLD OR
PLATINUM CERTIFIED BUILDING, WHERE THE CODE ALLOWS A
MAXIMUM FAR OF 2.0, FOR THE PROPERTY LOCATED AT 2785 NE 183
STREET; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 31, "Land Development Regulation", Article VII,
Use Regulation, Section 31-143(h) "Transit Zone High Density Residential District
(RMF5)" of the City Code of Ordinances, Bilzin Sumberg (the "Applicant") on behalf of
Got183 LLC, has applied to the City of Aventura (the "City") for Conditional Use approval
(Application No. CUP2308-0001) related to the development of a multifamily residential
project (the"Development') located at 2785 NE 183 Street, in the RMF5 District, as legally
described in Exhibit "A" (the "Property"); and
WHEREAS, pursuant to City Code Section 31-143(h)(3)c, the Applicant has
requested Conditional Use Approval to allow a building to cast a shadow on properties
located in the Business Zoning District; and
WHEREAS, pursuant to City Code Section 31-143(h)(3)d, the Applicant has
requested Conditional Use Approval to permit a density of 90 dwelling units per acre for
the Property, where the City Code permits 75 units per acre; and
WHEREAS, pursuant to City Code Section 31-143(h)(3)e, the Applicant has
requested Conditional Use Approval to permit a lot coverage of 44% for buildings that
attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the
City Code where 40% is permitted by the City Code; and
WHEREAS, pursuant to City Code Section 31-143(h)(3)f, the Applicant has
requested Conditional Use Approval to permit a Floor Area Ratio ("FAR") of 3.6 for a
LEED Gold or Platinum certified building, where the Code allows a maximum FAR of 2.0;
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 a building to cast a
shadow on properties located in the Business Zoning District; (2) to permit a density of
90 dwelling units per acre, where the City Code permits 75 units per acre; (3) to permit a
lot coverage of 44% for buildings that attain LEEDO Gold or Platinum certification where
40% is permitted by the City Code; and (4) to permit a FAR of 3.6 for a LEED Gold or
Platinum certified building, where the Code allows a maximum FAR of 2.0 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 October 13,
2023 and listed in Exhibit #B, unless otherwise subsequently amended by an
administrative site plan approval. The referenced plans will be reviewed under
Administrative Site Plan Approval regulations, the RMF5 zoning district regulations, and
all other applicable regulations as provided within the City of Aventura Land Development
Regulations.
2. 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 3. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
Page 2 of 3
City of Aventura Resolution No. 2023-
fulfill the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. All applicable state and federal permits must be
obtained before commencement of the development. This condition is included pursuant
to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2023.
CITY CLERK
Page 3 of 3
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1: (EXHIBITION CENTER)
A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG
THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION
3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE
CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE,
FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY,
SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00
FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42
FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A
LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO,THE EAST
LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR
281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEET TO THE POINT
OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.
PARCEL 2: (PARKING LOT)
A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG
THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID
SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL;
THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED
COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS
NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED
CURVE; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO
THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56
SECONDS FOR AN ARC DISTANCE 202.15 FEETTO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57
MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING, ALL LYING AND
BEING IN MIAMI-DADE COUNTY, FLORIDA.
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CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz, Finance Director
DATE: November 3, 2023
SUBJECT: Budget Amendment Ordinance — FY 2022/23
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 the attached ordinance amending
the FY 2022/23 budget.
BACKGROUND
This year-end budget amendment is addressing "Other Items" that were not considered
in the originally adopted FY 2022/23 Budget that need to be done through a
corresponding budget amendment that will provide the necessary funding or have
resulted from increases in amounts billed that are higher than estimated when the original
budget was completed. Some of these items may have been previously discussed with
the Commission but now require formal action.
For simplicity, the following narrative addresses all of the items discussed above in
"Fund/Account Number sequence" in terms of how they appear on the adjacent FY
2022/23 Budget Amendments Schedule ("Exhibit A").
General Fund — (001) — ($2,258,659 net increase)
City Commission (0101) — ($34,000 increase)
5290—Other Operating Supplies requires a $19,000 budget amendment due to items that
were not included in the originally adopted budget such as City apparel (hats, shirts,
blazers, ties, etc.) as well as photography, frames and nameplates.
1
5420 — Conferences & Seminars requires a $15,000 budget amendment due to travel
expenditures that were not in the originally adopted budget, such as Dade Days in
Tallahassee and the U.S. Conference of Mayors. Additionally, approximately $8,600 for
co-hosting the Miami-Dade County League of Cities (MDCLC) September meeting is
included in the amendment.
Office of the City Manager (0501) ($16,700 increase)
3150 — Professional Services Consulting requires a $6,200 budget amendment due to
the professionals who spoke at the September 2023 City Commission Workshop on the
effects of artificial turf on health.
5290 — Other Operating Supplies requires a $10,500 budget amendment due primarily to
a farewell luncheon for the former mayor, employee awards for those who have
resigned/retired from the City, and volunteer shirts, as well as the Finance Department
Triple Crown recognition awards which were not included in the ordinally adopted budget.
Also included in this amount is approximately $4,200 for Don Soffer Grad Shirts.
Legal (0601) ($35,000 increase)
3120 — Professional Services - Legal requires a $35,000 budget amendment as more
was expended during the year than anticipated in the originally adopted budget.
Finance (1001) ($9,500 increase)
5420 — Conferences & Seminars requires a $3,000 budget amendment due to additional
classes taken by a staff member to obtain the American Payroll Association (APA)
certification which was not in the originally adopted budget.
5441 — Computer Subscriptions requires a $6,500 budget amendment due to a new
software subscription purchased to assist in compliance with the recently released GASB
96 pronouncement.
Community Services (5001) — ($968,500 increase)
3113 — Professional Services — Community Center Instructors requires a $425,000
budget amendment as the costs increased due to higher enrollment than expected in the
originally adopted budgeted.
4850 — Special Events requires a $43,500 budget amendment due to the Drone Shows
held on April 22, 2023 and July 4, 2023 totaling $9,000 and $34,500, respectively, that
were not included in the originally adopted budget.
2
4851 — Cultural/Recreation Programs requires a $325,000 budget amendment as the
costs increased due to higher enrollment than expected in the originally adopted
budgeted.
4854 — Summer Recreation requires a $175,000 budget amendment as the costs
increased due to higher enrollment than expected in the originally adopted budgeted.
Revenues from the following line items will account for the above expenditures:
• Parks & Recreation Fees (3472000) - $300,000
• Community Center Fees (3472500) - $450,000
• Summer Recreation (3475000) - $218,500
Public Works/Transportation (5401) — ($195,000 increase)
1201 — Employee Salaries requires a $75,000 budget amendment due to the payout of
accrued time for the Public Works Director and Capital Projects Manager who resigned
in FY 2022/23. Their departure was not anticipated in the originally adopted budget.
3410 — Other Contractual Services — Janitorial requires a $75,000 budget amendment.
$50,000 of this amendment is a "housekeeping" item moving costs in from line 4631 R&M
— Janitorial Services (below) to comply with the Florida State Chart of Accounts. The
remaining amount of $25,000, is due to higher costs than anticipated in the originally
adopted budget.
4320 — Utilities — Water requires a $40,000 budget amendment as expenditures were
higher than expected in the originally adopted budget.
4420— Leased Equipment requires a $55,000 budget amendment due to the lease, rental
and license agreements with the FEC railroad which were not included in the originally
adopted budget.
4631 — R&M — Janitorial Services requires a ($50,000) budget amendment as a
"housekeeping" item moving the amount out and into line item 3410 Other Contractual
Services - Janitorial above per the Florida State Chart of Accounts.
Arts & Cultural Center (7001) — ($400,000 increase)
3114 — Prof. Services — Man Serv/Staffing requires a budget amendment of$100,000 as
this line item is over budget due to higher than anticipated costs from the Broward Center
for the Performing Arts, which includes overtime for staff, a salary increase for the
marketing personnel and the conversion of a part-time position to full-time beginning
January 2023.
3
3190 — Prof. Services — Programming requires a $300,000 budget amendment as the
amount of programming costs increased more than anticipated as the City began
recording the payments as gross instead of netting with revenues. Additionally, the costs
of events for Don Soffer Aventura High School (DSAHS) held at the AACC is included
here, i.e. drama shows, sports awards.
Revenues from the following line items will account for the above expenditures:
• AACC Fess and Rentals (3476001) - $379,000
• Half-Cent Sales Tax (3351800) - $21,000
Capital (80xx) — ($348,484 increase)
Office of the City Manager (8005-512-6410) ($30,000 increase) requires a budget
amendment of $30,000, approximately $28,000 for the estimated cost of equipment and
installation for phase one (1) and two (2) required to set up the City's PEG Channel as
requested by the City Commission. Additionally, $2,000 for the purchase of new office
furniture for additional staff is included in this line item, all of which was not included in
the originally adopted budget.
Legal (8006-514-6402) — ($1,150 increase) requires a budget amendment of $1,150 for
the purchase of a tablet that was not in the originally adopted budget.
Finance (8010-513-6411) — ($4,200 increase) requires a budget amendment for the
purchase of office furniture which was not in the originally adopted budget.
Human Resources (8011-513-6410) — ($7,609 increase) requires a budget amendment
for the purchase of fitness equipment for the City gym.
Police (8020-521-xx) - ($333,701 increase):
• 6410 — Equipment >$5,000 requires a budget amendment for $35,000 for the
outfitting of 6 leased vehicles that was not included in the originally adopted
budget.
• 6450 - Vehicles requires a budget amendment of$298,701 to properly account for
the Police Department's Leases as required by the GASB 87 Pronouncement for
Leases that was not included in the originally adopted budget.
Community Services (8050-572-6205) — ($385,000 increase) requires a budget
amendment for approximately $375,000 for the Community Recreation Center (CRC)
complete roof renovation and the remaining amount is for the installation of fire rated
doors which were not in the originally adopted budget.
4
Public Works (8054-541-6450) — ($49,783 increase) requires a budget amendment of
$49,783 to account for the Public Works/Transportation Director's vehicle lease as
required by the GASB 87 Pronouncement for Leases that was not included in the
originally adopted budget.
Arts & Cultural Center (8070-575-6410) — ($1,500 increase) requires a budget
amendment of $1,500 for the purchase of an icemaker which was not in the originally
adopted budget.
Capital Reserve - (8090-590-6999) - ($464,459 decrease) requires a budget amendment
of$464,459 to cover a portion of the expenditure increases mentioned above.
The remaining expenditure amounts will be covered by revenues from the following line
item:
• Proceeds from Notes revenue (3851002) - $348,484
Non-Departmental - Transfers (9001-581) — (increase $5,000)
9127 — Transfer to Charter High School Construction requires a $5,000 budget
amendment due to increased costs of the project being more than originally anticipated.
Non-Departmental (9001-590) — (increase $246,475)
3157—Professional Services/Other requires a$15,000 budget amendment for Don Soffer
Aventura High School (DSAHS) site assessment invoices that were not included in the
originally adopted budget.
3160 — Security requires a $30,000 budget amendment to account for the increase in
security costs that were not anticipated in the originally adopted budget.
3410 — Prof. Services - Janitorial requires a $25,000 budget amendment to account for
the increase in expenses that was not in the originally adopted budget.
4301 — Utilities requires a $80,000 budget amendment due to higher costs of electricity
that was not included in the originally adopted budget.
4320 — Water requires a $40,000 budget amendment due to higher costs of water that
was not included in the originally adopted budget.
4501 — Insurance requires a $85,000 budget amendment due to higher costs of insurance
that was more than anticipated in the originally adopted budget.
5
5410 — Subscriptions/Memberships requires a budget amendment for $21,475 for the
GoGov App and OpenGov subscriptions which was not included in the originally adopted
budget.
5901 — Contingency requires a ($50,000) budget amendment to cover the costs of the
GoGov App and OpenGov subscriptions as outlined above in 5410
Subscriptions/Memberships and will cover additional overages in this department.
Revenues — ($2,258,659 increase) — The expenditures in the General Fund, not
accounted for with specific revenues as mentioned above, will be offset by additional
revenues in the General Fund as taken from the actual amounts the City has received
and anticipates to receive. Total revenues covering expenditures include the below:
• Half Cent Sales Tax (3351800) - $238,434
• Parks & Recreation Fees (3472000) - $300,000
• Community Center Fees (3472500) - $450,000
• Summer Recreation (3475000) - $218,500
• AACC Fees and Rentals (3476001) - $379,000
• Transfer from Building Fund - $324,241 *
• Proceeds from Note (3851002) - $348,484
*The City engaged Maximus, a consulting company to conduct an allocation study during
FY 2022/23 which resulted in a more precise amount that the Building Fund needs to
transfer into the General Fund for services rendered and expenditures paid.
American Rescue Plan Act (ARPA) Fund — (101) — ($4,112,000 net decrease)
The total project costs for the American Rescue Plan Act (ARPA) Fund were entered into
the FY 2022/23 Budget. The FY 2022/23 Budget is being amended to reflect the amounts
actually spent during the fiscal year as reflected below by department:
• Expenditures
o Human Resources ($172,000 decrease)
o Information Technology ($2,310,000 decrease)
o Police Department ($250,000 decrease)
o Community Development ($5,000 decrease)
o Community Services ($705,000 increase) — more was spent than
anticipated in the originally adopted budget specifically on projects:
■ #5001-01 — Artificial Turf/Field Enhancement — Founders &
Waterways
■ #5001-02 - Founders Park Lighting, Tennis and Pickleball Courts
■ #5001-04 - Yacht Club Drive Pocket Park
o Public Works ($2,035,000 decrease)
o Non-Departmental ($45,000 decrease)
6
• Revenues
o American Rescue Plan Act (3311001) ($4,112,000 decrease)
Transportation and Street Maintenance Fund — (120) — ($415,594 net increase)
3455 — Enhanced Transit Services requires a budget amendment of $50,000 as more
was spent on the Shuttle than anticipated in the originally adopted budget.
3456 — On-Demand Transit Services requires a $40,000 budget amendment for the
additional two (2) Teslas that were in service for the majority of the year which were not
included in the originally adopted budget.
6305 — Road Resurfacing requires a $323,094 budget amendment due to the repaving of
roads in conjunction with an ARPA project that did not qualify for use of ARPA funds in
the previous year and had to be reclassified.
6341 — Transportation System Improvements requires a $2,500 budget amendment due
to the overage in the solar crosswalks project. Additionally, $1,500 was for two (2) Hidden
Bay Illuminated Streets Signs which were not included in the originally adopted budget.
These overages will be offset by the following revenues:
• County Transit System Surtax (3383801) - $90,000
• Carryover (3999000) - $325,594
Building Fund (164) — ($1,524,241 net increase)
3101 — Building Inspection Services requires a $1,200,000 budget amendment due to a
higher than anticipated building activity experienced during the year.
9101 — Transfer to General Fund requires a $324,241 budget amendment due to the
Maximus cost allocation study that the City engaged in during FY 2022/23 as stated above
under the General Fund Revenue section.
This overage will be offset by the following revenue(s):
• Building Permits (3221000) - $1,524,241
Charter High School Construction Fund (394) — ($5,000 net increase)
6208 — Buildings / High School Construction requires a $5,000 budget amendment due
to the additional costs of the kitchen pass through project and DSAHS gym/weight room
7
construction. Additionally, NPDES invoices for soil testing that were not included in the
originally amended budget are included in this line item.
This overage will be offset by the following revenue(s):
• Transfer In — General Fund (3811001) - $5,000
Stormwater Fund (410) — ($0 net change)
6309 — Seawall Improvements requires a $145,349 budget amendment due to ARPA
Project #5401-03 - Seawall replacement/repair, moving into the Stormwater Fund as it
does not meet the requirements to be funded from ARPA.
This overage will be offset by the following revenue(s):
• Capital Reserve (6999) — ($145,349)
Law Enforcement Trust Fund (610) — ($10,300 net increase)
This fund needs to be amended to be budgeted based on Florida State Statute
166.241(2). The below accounts will be amended as follows:
• Expenditures:
o Other Operating Expenses (5290) - $10,300
• Revenue
o Strike Force (3351200) - $3,135
o Interest (3611000) - $5,210
o Carryover (3999000) - $1,955
Federal Forfeiture Fund - Justice (615) — ($29,500 net increase)
This fund needs to be amended to be budgeted based on Florida State Statute
166.241(2). The below accounts will be amended as follows:
• Expenditure:
o Equipment>5000 (6410) - $29,500
• Revenue:
o Interest (3611000) - $10,490
o Carryover (3999000) - $19,010
8
Federal Forfeiture Fund — Treasury (616) — ($27,600 net increase)
This fund needs to be amended to be budgeted based on Florida State Statute
166.241(2). The below accounts will be amended as follows:
• Expenditures:
o Other Operating Expenses (5290) - $100
o Training (5450) - $12,000
o Computer Equipment>5000 (6401) - $15,500
• Revenue:
o Interest (3611000) - $7,990
o Carryover (3999000) - $19,610
I recommend approval of the attached Ordinance.
9
CITY OF AVENTURA ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2022-20 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2022/2023 FISCAL YEAR
BY REVISING THE 2022/2023 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements of
the City and upon the recommendations of the City Manager (and the concurrence of the
Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend
and implement the 2022/2023 Operating and Capital Budget as set forth in Exhibit "A"
attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. That the City Commission hereby authorizes the amendment of
Ordinance No. 2022-20, which Ordinance adopted a budget for the 2022/2023 fiscal year,
by revising the 2022/2023 budget as set forth on the attached Exhibit "A" which exhibits
are deemed incorporated by reference as though set forth in full herein.
Section 3. That the City Manager is hereby authorized to do all things necessary
to carry out the aims of this Ordinance.
City of Aventura Ordinance No. 2023-
Section 4. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading and shall be applicable retroactively from and after
October 1, 2022.
The foregoing Ordinance was offered by Commissioner 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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
The foregoing Ordinance was offered by Commissioner who moved its
adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
Page 2 of 3
City of Aventura Ordinance No. 2023-
PASSED on first reading this 7t" day of November, 2023.
PASSED AND ADOPTED on second reading this day of January, 2024.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
City of
Budget Amendment
Fiscal Year 2022/23
Exhibit A
Amended Budget Budget Amended Budget
Object Code Category FY2022/23 Amendment FY2022/23
General Fund -00
Revenues
3351800 Half Cent Sales Tax $ 3,137,373 $ 238,434 $ 3,375,807
3472000 Parks& Recreation Fees 500,000 300,000 800,000
3472500 Community Center Fees 300,000 450,000 750,000
3475000 Summer Recreation 330,000 218,500 548,500
3476001 AACC Fees and Rentals 100,000 379,000 479,000
3811014 Transfer from Building Fund 205,759 324,241 530,000
3851002 Proceeds from Note - 348,484 348,484
Total General Fund Revenues $ 4,573,132 $ 2,258,659 $ 6,831,791
General Fund - ii
Expenditures
City Commission (0101)
5290 Other Operating Supplies $ 3,500 $ 19,000 $ 22,500
5420 Conferences &Seminars 9,950 15,000 24,950
Total City Commission $ 13,450 $ 34,000 $ 47,450
Office of the City Manager(0501)
3150 Professional Services-Consulting $ - $ 6,200 $ 6,200
5290 Other Operating Supplies - 10,500 10,500
Total Office of the City Manager $ - $ 16,700 $ 16,700
Legal (0601)
3120 Professional Services- Legal $ 375,000 $ 35,000 410,000
Total Legal $ 375,000 $ 35,000 $ 410,000
Finance (1001)
5420 Conferences &Seminars $ 2,500 $ 3,000 5,500
5441 Computer Subscriptions - 6,500 6,500
Total Finance $ 2,500 $ 9,500 $ 12,000
Community Services(5001)
3113 Prof. Services-Comm. Cen. Inst. $ 225,000 $ 425,000 $ 650,000
4850 Special Events 145,000 43,500 188,500
4851 Cultural/Recreation Programs 485,000 325,000 810,000
4854 Summer Recreation 350,000 175,000 525,000
Total Community Services $ 1,205,000 $ 968,500 $ 2,173,500
Public Works/Transportation (5401)
1201 Employee Salaries $ 802,308 $ 75,000 $ 877,308
3410 Other Contractual Services-Janitorial - 75,000 75,000
4320 Utilities-Water 600,000 40,000 640,000
4420 Leased Equipment - 55,000 55,000
4631 R&M-Janitorial Services 50,000 (50,000) -
Total Public Works/Transportation $ 1,452,308 $ 195,000 $ 1,647,308
Arts&Cultural Center(7001)
3114 Prof. Services- Man Serv/Staffing $ 389,260 $ 100,000 $ 489,260
3190 Prof. Services- Programming 130,000 300,000 430,000
Total Arts&Cultural Center $ 519,260 $ 400,000 $ 919,260
City of Aventura
Budget Amendment
Fiscal Year 2022/23
Exhibit A
Amended Budget Budget Amended Budget
Object Code Category FY2022/23 Amendment FY2022/23
Capital Outlay
Office of the City Manager(8005-512)
6410 Equipment - 30,000 30,000
Legal (8006-514)
6402 Computer Equipment<$5,000 - 1,150 1,150
Finance (8010-513)
6411 Machinery & Equipment<$5,000 - 4,200 4,200
Human Resources (8011-513)
6410 Equipment - 7,609 7,609
Police(8020-521)
6410 Equipment>$5,000 274,000 35,000 309,000
6450 Vehicles 420,597 298,701 719,298
Community Services(8050-572)
6205 Community Center Improvements 35,000 385,000 420,000
Public Works (8054-541)
6450 Vehicles - 49,783 49,783
Arts&Cultural Center(8070-575)
6410 Equipment>$5,000 18,000 1,500 19,500
Non-Departmental (8090-590)
6999 Capital Reserve 12,985,827 (464,459) 12,521,368
Total Capital Outlay $ 13,733,424 $ 348,484 $ 14,081,908
Non-Departmental -Transfers(9001-581)
9127 Transfer to Charter High School Constr $ 56,477 $ 5,000 $ 61,477
Total Non-Departmental -Transfers $ 56,477 $ 5,000 $ 61,477
Non-Departmental (9001-590)
3157 Professional Services-Other $ - $ 15,000 $ 15,000
3160 Security 60,000 30,000 90,000
3410 Prof. Services-Janitorial 75,000 25,000 100,000
4301 Utilities 200,000 80,000 280,000
4320 Water 32,000 40,000 72,000
4501 Insurance 868,125 85,000 953,125
5410 Subscriptions/Memberships - 21,475 21,475
5901 Contingency 50,000 (50,000) -
Total Non-Departmental $ 1,285,125 $ 246,475 $ 1,531,600
Total General Fund Expenditures $ 18,642,544 $ 2,258,659 $ 20,901,203
American Rescue Plan Act(ARPA) Fund(101)
Revenues
3311001 American Rescue Plan $ 16,768,742 $ (4,112,000) $ 12,656,742
Total American Rescue Plan Act(ARPA) Fund Revenues $ 16,768,742 $ (4,112,000) $ 12,656,742
City of Aventura
Budget Amendment
Fiscal Year 2022/23
Exhibit A
Amended Budget Budget Amended Budget
Object Code Category FY2022/23 Amendment FY2022/23
Personal Services (Premium Pay/Public Health -8001-811)
1201 Incentive Pay $ 793,767 $ (155,000) 638,767
Subtotal $ 793,767 $ (155,000) $ 638,767
Capital Outlay(Revenue Replacement-8001-861)
6401 Software $ 35,945 $ (17,000) 18,945
- Subtotal $ 35,945 $ (17,000) $ 18,945
Total Human Resources $ 829,712 $ (172,000) $ 657,712
TechnologyInformation
Capital Outlay(Revenue Replacement 8008-8050-861)
6401 Software $ 50,000 $ (50,000) -
6401 Software 1,250,000 (1,250,000) -
6402 Equipment 700,000 (350,000) 350,000
6403 Consultant 500,000 (250,000) 250,000
6404 Connectivity 50,000 (5,000) 45,000
6402 Equipment 25,000 (25,000) -
6401 Software 50,000 (50,000)
6402 Equipment 200,000 (200,000) -
6404 Connectivity 175,000 (130,000) 45,000
Subtotal $ 3,000,000 $ (2,310,000) $ 690,000
Total Information Technolog 3,000,000 $ (2,310,000) $ 690,000
DepartmentPolice
Capital Outlay(Public Health -8020-811/818)
6402 Equipment $ 155,000 $ (150,000) 5,000
6402 Equipment 1,241,497 (100,000) 1,141,497
- Subtotal $ 1,396,497 $ (250,000) $ 1,146,497
Total Police Department $ 1,396,497 $ (250,000) $ 1,146,497
DevelopmentCommunity
Capital Outlay(Revenue Replacement-8040-861)
6301 Equipment $ 30,000 $ (5,000) 25,000
- Subtotal $ 30,000 $ (5,000) $ 25,000
Total Community Development $ 30,000 $ (5,000) $ 25,000
Community Services
Other Charges/Svcs (Public Health -8050-811)
4855 Vaccinations $ 50,000 $ (50,000) -
Subtotal 50,000 $ (50,000) $ -
Capital Outlay(Revenue Replacement-8050-861)
6202 Renovations $ 60,000 $ (60,000) -
6302 Turf 4,493,118 225,000 4,718,118
6307 Lighting &Courts 1,750,000 675,000 2,425,000
City of Aventura
Budget Amendment
Fiscal Year 2022/23
Exhibit A
Amended Budget Budget Amended Budget
Object Code Category FY2022/23 Amendment FY2022/23
6401 Software 60,000 (20,000) 40,000
6402 Equipment 625,000 235,000 860,000
6405 Park Improvements 495,343 (300,000) 195,343
Subtotal $ 7,483,461 $ 755,000 $ 8,238,461
�otal Community Services $ 7,533,461 $ 705,000 $ 8,238,461
Public Works
Capital Outlay(Infrastructure -8054-851)
6309 Drainage $ 3,545,088 $ (2,000,000) 1,545,088
_ Subtotal $ 3,545,088 $ (2,000,000) $ 1,545,088
Capital Outlay(Public Health -8054-818)
6408 Radios $ 50,000 $ (35,000) 15,000
_ Subtotal $ 50,000 $ (35,000) $ 15,000
_ Total Public Works $ 3,595,088 $ (2,035,000) $ 1,560,088
Non-Departmental
Contractual Services (9001-590)
3410 Janitorial $ 58,000 $ (45,000) 13,000
_ Subtotal $ 58,000 $ (45,000) $ 13,000
Total Non-Departmental $ 58,000 $ (45,000) $ 13,000
Total American Rescue Plan Act(ARPA) Fund Expenditures $ 16,442,758 $ (4,112,000) $ 12,330,758
Transportationi
Revenues
3383801 County Transit System Surtax $ 1,600,000 $ 90,000 $ 1,690,000
3999000 Carryover 401,500 325,594 727,094
Total Transportation and Street Maintenance Fund $ 2,001,500 $ 415,594 $ 2,417,094
Transportationi
Works/TransportationPublic
Expenditures
3455 Enhanced Transit Services $ 550,000 $ 50,000 $ 600,000
3456 On-Demand Transit Services 1,080,000 40,000 1,120,000
6305 Road Resurfacing - 323,094 323,094
6341 Transporation System Improv. 130,000 2,500 132,500
Total Transportation and Street Maintenance Fund $ 1,760,000 $ 415,594 $ 2,175,594
Building Fund-164
Revenues
3221000 Building Permits $ 3,200,000 $ 1,524,241 $ 4,724,241
Total Building Fund Revenues $ 3,200,000 $ 1,524,241 $ 4,724,241
City of Aventura
Budget Amendment
Fiscal Year 2022/23
Exhibit A
Amended Budget Budget Amended Budget
Object Code Category FY2022/23 Amendment FY2022/23
Building Fund-164
Community Development(4001-524)
Expenditures
3101 Building Inspection Services $ 2,650,000 $ 1,200,000 $ 3,850,000
9101 Transfer to General Fund 205,759 324,241 530,000
Total Building Fund Expenditures $ 2,855,759 $ 1,524,241 $ 4,380,000
SchoolCharter High
Revenues
3811001 Transfer In -General Fund $ 56,477 $ 5,000 $ 61,477
Total Charter High School Construction Fund Revenues $ 56,477 $ 5,000 $ 61,477
SchoolCharter High
SchoolHigh .i i
Expenditures
6208 Buildings/High School Construction $ 75,000 $ 5,000 $ 80,000
Total Charter High School Construction Fund Expenditures $ 75,000 $ 5,000 $ 80,000
Works/TransportationPublic i
Expenses
63-09 Seawall Improvements $ - $ 145,349 $ 145,349
69-99 Capital Reserve 226,500 (145,349) 81,151
Total Stormwater Fund Expenses $ 226,500 $ - $ 226,500
Law Enforcement Trust Fund (610)
Revenues
3351200 Strike Force $ - $ 3,135 $ 3,135
3611000 Interest - 5,210 5,210
3999000 Carryover - 1,955 1,955
Total Law Enforcement Trust Fund Revenues $ - $ 10,300 $ 10,300
Law Enforcement Trust Fund (610)
Police(2001-521)
Expenditures
5290 Other Operating Expenses $ - $ 10,300 $ 10,300
Total Law Enforcement Trust Fund Expenditures $ - $ 10,300 $ 10,300
Federal Forfeiture Fund -Justice (615)
Revenues
3611000 Interest $ - $ 10,490 $ 10,490
City of Aventura
Budget Amendment
Fiscal Year 2022/23
Exhibit A
Amended Budget Budget Amended Budget
Object Code Category FY2022/23 Amendment FY2022/23
3999000 Carryover - 19,010 19,010
Total Federal Forfeiture Fund -Justice Revenues $ - $ 29,500 $ 29,500
Federal Forfeiture Fund -Justice(615)
Police(2001-521)
Expenditures
6410 Equipment>5000 $ - $ 29,500 $ 29,500
Total Federal Forfeiture Fund -Justice Expenditures $ - $ 29,500 $ 29,500
Federal Forfeiture Fund -Treasury(616)
Revenues
3611000 Interest $ - $ 7,990 $ 7,990
3999000 Carryover - 19,610 19,610
Total Federal Forfeiture Fund -Treasury Revenues $ - $ 27,600 $ 27,600
Federal Forfeiture Fund -Treasury(616)
Police(2001-521)
Expenditures
5290 Other Operating Expenses $ - $ 100 $ 100
5450 Training - 12,000 12,000
6401 Computer Equipment>5000 - 15,500 15,500
Total Federal Forfeiture Fund -Treasury Expenditures $ - $ 27,600 $ 27,600
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
(92-
DATE- November 3, 2023
SUBJECT: Approval Request for Proposed Ordinance Amendment
SECURE 2.0 Act Compliance
November 7, 2023 City Commission Meeting Agenda (First Reading)
January_, 2024 City Commission Meeting Agenda (Second Reading)
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
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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED on first reading this 7t" day of November, 2023.
PASSED AND ADOPTED on second reading this day of January, 2024.
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
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J Wasson, City Manager
BY: Robert Meyers, Office of the City Attorney 'v
DATE: November 3, 2023
SUBJECT: Demonstrating Solidarity and Support for Israel and Condemning the
Hamas Terrorist Attacks on Israel on October 7, 2023 and Affirming
Israel's Right to Exist, Defend and Protect Its Citizens
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve this resolution tendering solidarity
and support for Israel by condemning the Hamas Terrorist Attacks on October 7, 2023
and affirming Israel's right to exist, defend and protect its citizens in response to this
unprovoked invasion.
BACKGROUND
On October 7, 2023, the State of Israel endured a tragic and heinous act of terror
orchestrated by the extremist group Hamas, resulting in the loss of more than 1,400 lives,
many who were innocent civilians. Moreover, thousands were injured by this invasion and
more than two hundred persons were kidnapped or taken hostage by Hamas.
Since October 7, 2023, many in the international community have joined together to
denounce this assault on the State of Israel and have offered aid and assistance to
eradicate those responsible for terrorizing Israel. Over the last several weeks, Israel has
taken the necessary steps to safeguard its borders, secure its population, and respond
proportionately to threats against its national security by the atrocities committed by
Hamas and its sympathizers, all actions which are essential for the maintenance of
regional stability and the pursuit of lasting peace in the Middle East.
BUDGETARY IMPACT
Approval of this resolution has no impact on the City's budget.
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, EXTENDING ITS UNWAVERING SOLIDARITY
AND SUPPORT FOR THE STATE OF ISRAEL; CONDEMNING THE
INHUMANE AND TRAGIC TERRORIST ATTACK PERPETRATED BY
HAMAS ON OCTOBER 7, 2023, AND AFFIRMING ISRAEL'S RIGHT TO
EXIST, DEFEND, AND PROTECT ITS CITIZENS; DENOUNCING THE
ANTI-SEMITIC ACTS AGAINST ISRAEL, PEOPLE OF THE JEWISH
FAITH AND JEWISH INSTITUTIONS MOTIVATED BY THE EVENTS OF
OCTOBER 7, 2023; PROVIDING FOR TRANSMITTAL; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on October 7, 2023, the State of Israel endured a tragic and heinous
act of terror orchestrated by the extremist group Hamas, a proxy of the Islamic Republic
of Iran —the world's greatest state sponsor of terrorism, resulting in the unfathomable loss
of over 1,400 civilian lives, injuries to thousands more, and the kidnapping and hostage-
taking of at least 240 individuals; and
WHEREAS, this act of terror not only constitutes a blatant violation of international
law, but also stands in direct contradiction to the principles of peace, stability, and
coexistence that the international community upholds; and
WHEREAS, the State of Israel, like any sovereign nation, possesses an inherent
right to exist and a fundamental duty to protect and defend its citizens from acts of terror
and aggression; and
WHEREAS, recognizing and affirming the right of Israel to safeguard its borders,
secure its population, and respond assertively to threats against its national security is
essential for the maintenance of regional stability and the pursuit of lasting peace in the
Middle East; and
WHEREAS, Israel is one of our nation's strongest and most reliable allies in the
world; sharing our democratic values, principles and ideals; and
WHEREAS, the international community has a moral obligation to condemn acts
of terror, irrespective of their perpetrators, and to stand in solidarity with those nations
and peoples who are subjected to violence and suffering; and
City of Aventura Resolution No. 2023-
WHEREAS, South Florida, and the City ofAventura are home to a sizeable Jewish
population and diverse people of good faith; and
WHEREAS, since the Hamas massacre of October 7, 2023, Hamas supporters
and other anti-Semitic actors have threatened and targeted Jewish and Israeli individuals
and institutions worldwide and in the United States; and
WHEREAS, this resolution serves as an expression of the City of Aventura's
unwavering support and solidarity with the people of Israel during these challenging times
and denounces the rhetoric of anti-Israel, pro-Hamas groups as anti-Semitic, repugnant,
and morally contemptible for sympathizing with genocidal violence against the State of
Israel, all which create great risks for the physical safety of Jewish Americans in the United
States and South Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The above Recitals are true and correct and are
incorporated herein by this reference.
Section 2. Solidarity and Support for the State of Israel.
1. The City Commission vehemently condemns the terror attack perpetrated by
Hamas on October 7, 2023, in the state of Israel, which resulted in the loss of
hundreds of innocent lives and caused immeasurable suffering to countless
families.
2. The City Commission expresses its deepest condolences to the families of the
victims and its solidarity with the people of Israel during this difficult time.
3. The City Commission recognizes and affirms the right of the State of Israel to
exist as a sovereign and independent nation, and acknowledges its duty to
protect and defend its citizens from acts of terror and aggression.
4. The City Commission calls upon the international community to join in the
condemnation of the recent terrorist attack in Israel.
Page 2 of 4
City of Aventura Resolution No. 2023-
Section 3. Denunciation of Antisemitic Acts and Actors. The City
Commission condemns those individuals and groups within the United States and
globally committing incidents of vandalism, harassment and assaults directed at Jews
or Jewish institutions and the organizing of anti-Israel rallies as anti-Semitic.
Section 4. Transmittal. This resolution shall be transmitted to the Florida
League of Cities, Miami-Dade County, Miami-Dade County League of Cities, The Florida
Legislative Delegation, all municipalities in Miami-Dade County, the Israeli Embassy, the
Shomron Regional Council Israel, the Office of the Florida Governor, the White House,
and appropriate governmental authorities, as well as to relevant international
organizations for their consideration and action.
Section 5. Effective Date. This resolution shall become effective upon
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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023
Page 3 of 4
City of Aventura Resolution No. 2023-
HOWARD S. WEINBERG, ESQ.
MAYOR
VICE MAYOR PAULA. KRUSS
COMMISSIONER AMIT BLOOM
COMMISSIONER RACHEL S. FRIEDLAND
COMMISSIONER BILLY JOEL
COMMISSIONER DR. LINDA MARKS
COMMISSIONER MICHAEL STERN
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORN EY
Page 4 of 4
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz, Finance Director
DATE: November 3, 2023
SUBJECT: Revision to Chapter 6.6 of the Administrative Policy Directives and
Procedures Manual Entitled "Investment Objectives and Parameters"
Relating to the City's Investment Policy for the Management of Public
Funds
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution revising
Chapter 6.6 of the Administrative Policy Directives and Procedures ("APDP") Manual
entitled "Investment Objectives and Parameters" relating to the City's investment policy
for the management of public funds.
BACKGROUND
FL Statute 218.415 requires that the City must invest its surplus funds consistent with a
written investment plan adopted by the City Commission.
At the October 19, 2023 Commission Workshop following discussion, Commission
consensus was given and staff was also directed to include the following revision (as
outlined below), which has also been incorporated into the attached draft revised
investment policy-
V. LISTING OF AUTHORIZED INVESTMENTS
M. Israel Bonds*
to increase our current maximum portfolio composition from $300,000.00
to $500,000.00.
Please contact the City Manager with any questions you may have.
1
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, REVISING CHAPTER 6.6 OF THE
ADMINISTRATIVE POLICY DIRECTIVES AND PROCEDURES
MANUAL, AS ATTACHED HERETO, ENTITLED "INVESTMENT
OBJECTIVES AND PARAMETERS" RELATING TO THE CITY'S
INVESTMENT POLICY FOR THE MANAGEMENT OF PUBLIC FUNDS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on June 2, 2009, the City Commission adopted Chapter 6.6 of the
Administrative Policy Directives and Procedures ("APDP") Manual entitled "Investment
Objectives and Parameters"; and
WHEREAS, the City Commission last revised Chapter 6.6 by Resolution No. 2019-
10 on February 7, 2019; and
WHEREAS, the City Commission is desirous of amending further the above-
referenced Chapter 6.6 of the APDP Manual.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby revises Chapter 6.6 of the APDP
Manual, as attached hereto, entitled "Investment Objectives and Parameters" relating to
the City's Investment Policy for the management of public funds.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. This motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
City of Aventura Resolution No. 2023-
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF AVENTURA 6 6 1
'-' ADMINISTRATIVE POLICY DIRECTIVES chapter# Sub Page
AND PROCEDURES MANUAL
Date May 22,
Issued: 2009
CHAPTER: FINANCE, BUDGET & PURCHASING APPROVED:
City Manager
SUBJECT: INVESTMENT OBJECTIVES AND PARAMETERS
PURPOSE
The purpose of this policy is to set forth the investment objectives and parameters for the management of public
funds of the City. These policies are designed to ensure the prudent management of public funds, the availability
of operating and capital funds when needed and a competitive investment return.
I. SCOPE
This investment policy applies to the investment of public funds in excess of amounts needed to meet
current expenses, which includes cash and investment balances of City funds.
This policy does not apply to the City's pension funds, including those funds in chapters 175 and 185 or
funds related to the issuance of debt where there are other existing policies or indentures in effect which
govern the investment of such funds.
This policy shall be construed and applied so as to comply with Section 218.415, F.S.
II. INVESTMENT OBJECTIVES
Investment objectives include safety of capital, liquidity of funds and investment income, in that order.
The following objectives will be applied in the management of the City's funds:
A. Safety of Capital
The primary objective of the City's investment program is the protection of public funds.
Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the
overall portfolio. The objective will be to mitigate credit risk and interest rate risk.
1. Credit Risk — The City will minimize credit risk, the risk of loss due to the failure of the security
issuer or backer, by:
a) Limiting investments to the safest type of securities;
b) Pre-qualifying the financial institution, broker/dealer, intermediaries and advisors with which
the City will do business;
c) Diversifying the investment portfolio so that potential losses on individual securities will be
minimized.
2. Interest Rate Risk — The City will minimize the risk that the market value of securities in the
APDP 6.6.2
3. portfolio will fall due to changes in general interest rates, by:
a) Structuring the investment portfolio so that securities mature to meet cash requirements for
ongoing operations, thereby avoiding the need to sell securities on the open market prior to
maturity;
b) Investing operating funds primarily in shorter-term securities, money market mutual funds or
similar investment pools.
B. Liquidity of Funds
The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll
and capital requirements. To the extent possible, an attempt will be made to match investment
maturities with known cash needs and anticipated cash flow requirements. Since all possible cash
demands cannot be anticipated, the portfolio should consist largely of securities with active
secondary or resale markets. A portion of the portfolio also may be placed in money market mutual
funds or local government investment pools which offer same-day liquidity for short-term funds.
C. Investment Income
The City's investment portfolio shall be designed with the intent of attaining a market rate of return
throughout the budgetary and economic cycles, taking into account the City's investment risk
constraints and liquidity needs. Return on investment is of secondary importance compared to the
safety and liquidity objectives described above.
III. PERFORMANCE MEASUREMENT
The investment portfolio will be managed in accordance with the parameters specified within this policy.
The portfolio should obtain a market average rate of return during a market/economic environment of
stable interest rates while insuring sufficient liquidity within the portfolio.
The short-term investment portfolio shall be designed with the annual objective of exceeding the return of
the Florida State Board of Administration LGIP.
The long-term investment portfolio shall be designed with the annual objective of exceeding the return of
the Bank of America Merrill Lynch 1-3 Year Treasury/Agency Index compared to the portfolio's total rate
of return. The Bank of America Merrill Lynch 1-3 Year Treasury/Agency Index represents all U.S.
Treasury/Agency securities maturing over one (1) year, but less than three (3) years. This maturity range
is an appropriate benchmark for the core portfolio based on the objectives of the City. For the Enhanced
Cash portfolio we will use the Bank of America Merrill Lynch 6 month Treasury Index.
IV. ETHICAL STANDARDS
The investment officer and staff, acting in accordance with the written procedures and exercising due
diligence, shall not be held personally responsible for a specific security's credit risk or market price
changes, provided that these deviations are reported immediately and that appropriate action is taken to
control adverse developments.
A. Ethics and Conflicts of Interest
The City's staff involved in the investment process shall refrain from personal business activity that
could conflict with the proper execution and management of the investment program, or that could
APDP 6.6.3
impair their ability to make impartial decisions. All employees involved in the investment process shall
disclose to the City any material financial interests in financial institutions that conduct business with
the City, and they shall further disclose any material personal financial/investment positions that could
be related to the performance of the City's investment program. Applicable ethics standards provided
by the City Charter, City Code, Section 2-11.1 of the Miami-Dade County Code, and Part III of
Chapter 112, F.S., shall be complied with.
B. Investments should be made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the management of their own affairs, not
for speculation, but for investment, considering the probable safety of their capital as well as the
probable income to be derived from the investment.
C. Designation of Investment Officer
The Finance Director is designated as investment officer of the City and is responsible for investment
decisions and the day-to-day administration of the cash management program. No person may
engage in an investment transaction except as provided under the terms of this policy and the
procedures so established. The City may appoint an outside investment manager as "Agent" for the
City's cash reserves. The "Agent" for the City shall have discretion over the purchase and sale of
securities within and subject to compliance with this investment policy. Such investment manager
must be registered under the Investment Advisor Act of 1940. The Finance Director shall consult with
the City Manager as necessary regarding the City's investment activity.
Positions authorized as investment signatories are the City Manager and Finance Director.
V. LISTING OF AUTHORIZED INVESTMENTS — (SUMMARY TABLE IN APPENDIX A)
The following investments will be permitted by this policy as consistent with Section 218.415 (16) F.S.
Those investments not listed in this section are prohibited.
A. United States Government Securities
Negotiable direct obligations or obligations the principal and interest of which are unconditionally
guaranteed by the United States Government. Such securities will include, but not be limited to the
following:
➢ Treasury Bills
➢ Treasury Notes
➢ Treasury Bonds
➢ Treasury Strips
➢ Treasury Securities—State and Local Government Series ("SLGS")
➢ Treasury Inflation Protection Securities ("TIPS")
Portfolio Composition
A maximum of 100% of available funds may be invested in the United States Government Securities
with the exception of Treasury Strips which are limited to 10% of available funds.
Maturity Limitations
The maximum length to maturity of any direct investment in the United States Government Securities
is seven (7) years from the date of purchase.
APDP 6.6.4
B. United States Government Agencies
Bonds, debentures or notes which may be subject to call, issued or guaranteed as to principal and
interest by the United States Governments agencies, provided such obligations are backed by the full
faith and credit of the United States Government. Such securities will include, but not be limited to the
following:
➢ United States Export— Import Bank
- Direct obligations or fully guaranteed certificates of beneficial ownership
➢ Federal Financing Bank
- Discount notes, notes and bonds
➢ Federal Housing Administration Debentures
➢ FDIC guaranteed notes ("TLGP" bonds)
➢ Government National Mortgage Association ("GNMA")
- GNMA guaranteed mortgage-backed bonds
- GNMA guaranteed pass-through obligations
➢ General Services Administration
➢ United States Public Housing Notes and Bonds
- United States Government guaranteed public housing notes and bonds
➢ United States Department of Housing and Urban Development
- Project notes and local authority bonds
Portfolio Composition
A maximum of 50% of available funds may be invested in United States Government agencies.
Limits on Individual Issuers
A maximum of 10% of available funds may be invested in individual United States Government
agencies.
Maturity Limitations
The maximum length to maturity for an investment in any United States Government agency security
is five (5) years from the date of purchase. Mortgage backed securities will have average duration
not greater than five (5) years.
C. United States Government Sponsored Agencies
Bonds, debentures or notes which may be subject to call, issued or guaranteed as to principal and
interest by United States Government sponsored agencies which are non-full faith and credit
agencies limited to the following:
➢ Federal Farm Credit Bank ("FFCB")
➢ Federal Home Loan Bank or its City Banks ("FHLB")
➢ Federal National Mortgage Association ("FNMA")
➢ Federal Home Loan Mortgage Corporation ("Freddie-Macs") including Federal-Home Loan
Mortgage Corporation participation certificates
Portfolio Composition
A maximum of 80% of available funds may be invested in Federal Instrumentalities.
APDP 6.6.5
Limits on Individual Issuers
A maximum of 25% of available funds may be invested in any one (1) issuer.
Maturity Limitations
The maximum length to maturity for an investment in any Federal Instrumentality security under this
Section (C) is seven (7) years from the date of purchase. Mortgage backed securities will have
average duration not greater than five (5) years.
D. Interest Bearing Time Deposit or Savings Account
Non-negotiable interest bearing time certificates of deposit or savings accounts in banks organized
under the laws of Florida or the United States provided that all deposits are secured by collateral as
prescribed by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. The
concentration restriction outlined below does not apply to the City's operating account.
Portfolio Composition
A maximum of 10% of available funds may be invested in non-negotiable interest bearing time
certificates of deposit.
Limits on Individual Issuers
A maximum of 5% of available funds may be deposited with any one (1) issuer.
Limits on Maturities
The maximum maturity on any certificate shall be no greater than one (1) year from the date of
purchase.
E. Repurchase Agreements
1. Invest in repurchase agreements composed of only those investments based on the requirements
set forth by the City's Master Repurchase Agreement. A third party custodian with whom the City
has a current custodial agreement shall hold the collateral for all repurchase agreements with a
term longer than one (1) business day. A clearly marked receipt that shows evidence of
ownership must be supplied to the Finance Director or designee and retained. All firms are
required to sign the Master Repurchase Agreement prior to the execution of a repurchase
agreement transaction.
2. Collateralized by full faith or general faith and credit obligations of the United States Government
or United States Government Agency securities. Securities authorized for collateral must have
maturities under five (5) years and with market value for the principal and accrued interest of 102
percent of the value and for the term of the repurchase agreement. Immaterial short-term
deviations from 102 percent requirement are permissible only upon the written approval of the
Finance Director or designee and/or the City's Investment Manager.
Portfolio Composition
A maximum of 20% of available funds may be invested in repurchase agreements excluding one (1)-
business day agreements and overnight sweep agreements.
Limits on Individual Issuers
A maximum of 5% of available funds may be invested with any one (1) institution excluding one (1)-
business day agreements and overnight sweep agreements.
Limits on Maturities
The maximum length to maturity of any repurchase agreement is 90 days from the date of purchase.
APDP 6.6.6
F. The Florida Local Government Surplus Funds Trust Fund
(State Board of Administration —SBA)`
Portfolio Composition
A maximum of 65% of available funds may be invested in the SBA.
G. Intergovernmental Investment Pools
Investment Authorization
Intergovernmental investment pools that are authorized pursuant to the Florida Interlocal
Cooperation Act, as provided in Section 163.01, Florida Statutes and provided that said funds
contain no derivatives.
Portfolio Composition
A maximum of 25% of available funds may be invested in intergovernmental investment pools.
Due Diligence Requirements
A thorough review of any investment pool/fund is required prior to investing, and on a continual
basis. There shall be a questionnaire developed by the Finance Director or designee and/or the
City's Investment Manager that will contain a list of questions that covers the major aspects of any
investment pool/fund.
H. Registered Investment Companies (Money Market Mutual Funds)
Registered with the Securities and Exchange Commission with the highest credit quality rating from a
nationally recognized rating agency; portfolio is limited to direct obligations of the United States
Government or any agency or instrumentality thereof.
Portfolio Composition
A maximum of 35% of available funds may be invested in money market funds.
Limits of Individual Issuers
A maximum of 15% of available funds may be invested with any one (1) money market fund.
Rating Requirements
The money market funds shall be rated "AAAm" or "AAAm-G" or better by Standard & Poor's, or the
equivalent by another rating agency.
Due Diligence Requirements
A thorough review of any money market fund is required prior to investing, and on a continual basis.
There shall be a questionnaire developed by the Finance Director or designee and/or the City's
Investment Advisor/s that will contain a list of questions that covers the major aspects of any money
market fund.
I. Commercial Paper
Commercial paper of any United States company that is rated "Prime-1" by Moody's and "A-1" by
Standard & Poor's (prime commercial paper). If the commercial paper is backed by a letter of credit
("LOC"), the long-term debt of the LOC provider must be rated "A" or better by at least two (2)
nationally recognized rating agencies.
APDP 6.6.7
Portfolio Composition
A maximum of 25% of available funds may be directly invested in prime commercial paper.
Limits on Individual Sectors
A maximum of 10% of available funds may be invested with any one sector.
Limits on Individual Issuers
A maximum of 2% of available funds may be invested with any one issuer.
Maturity Limitations
The maximum length to maturity for prime commercial paper shall be 270 days from the date of
purchase.
I Corporate Notes
Corporate notes issued by corporations organized and operating within the United States or by
depository institutions licensed by the United States that have a long term debt rating, at the time or
purchase, "A" or better by at least two (2) nationally recognized rating agencies.
Portfolio Composition
A maximum of 25% of available funds may be directly invested in corporate notes.
Limits on Individual Sectors
A maximum of 10% of available funds may be invested with any one sector.
Limits on Individual Issuers
A maximum of 2% of available funds may be invested with any one issuer.
Maturity Limitations
The maximum length to maturity for corporate notes shall be five (5) years from the date of purchase.
K. Taxable/Tax-Exempt Municipal Bonds
Debt obligations of non-profit entities such as states, counties, cities, authorities or other institutions.
These may be taxable or tax-exempt and may be General Obligation (GO's) and/or Revenue Bonds
and must be rated "A" by Moody's, Standard & Poor's or Fitch for long term debt, or rated at least
WIG-2 by Moody's, SP-2 by Standard & Poor's or F-2 by Fitch.
Portfolio Composition
A maximum of 25% of available funds may be directly invested in Taxable and/or Tax Exempt Debt.
Limits on Individual Issuers
A maximum of 2% of available funds may be invested with any one issuer.
Maturity Limitations
The maximum length to maturity for Taxable and/or Tax Exempt Debt shall be five (5) years from the
date of purchase
APDP 6.6.8
L. Asset Backed Securities
Invest in Asset Backed Securities (ABS) issued by corporations organized and operating within the
United States or by depository institutions licensed by the United States that have a long term debt
rating, at the time of purchase, AAA or the equivalent by at least two (2) nationally recognized
rating agencies.
Portfolio Composition
A maximum of 15% of available funds may be directly invested in ABS.
Limits on Individual Sectors
A maximum of 10% of available funds may be directly invested in ABS of any one industry sub-sector
as defined by Bloomberg Industry Groups.
Limits on Individual Issuers
A maximum of 2% of available funds may be invested with any one issuer.
Maturity Limitations
The maximum length to maturity for ABS shall be (5) 5 years from the date of purchase.
M. Israel Bonds
Direct obligations from the State of Israel denominated in US dollars. Obligations may include, but
are not limited to:
• Institutional-class bonds that are broadly syndicated and registered with the SEC or other US
regulatory agency
• Retail-class offerings that may require safekeeping arrangements, may not be registered by the
SEC or other US regulatory agency and/or may not offer secondary market liquidity
Portfolio composition
A maximum of $399,999.99 500,000.00 in par value may be invested in direct obligations from the
State of Israel, excluding securities guaranteed by the US government through its AID program or any
of its agencies.
Maturity Limitations
The maximum length to maturity for Israel bonds shall be three (3) years from the date of purchase.
VI. PROHIBITIONS
The purchase of derivative instruments as defined by the Government Account Standards Board
("GASB") or any investment instrument which is structured to derive a rate of return from an investment
source other than the originally purchased investment is strictly prohibited.
VI I. INVESTMENT PARAMETERS
A. Maturity and Liquidity Requirements
To the extent possible, the City shall attempt to match its investments with anticipated cash flow
requirements. Unless matched with a specific cash flow, the City will not directly invest in securities
maturing more than seven (7) years from the date of purchase. Mortgage backed securities will have
average duration not greater than five (5) years.
APDP 6.6.9
Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the
portfolio should be continuously invested in readily available funds such as Local Government
Investment Pools, or money market funds to ensure that appropriate liquidity is maintained to meet
ongoing obligations.
Vill. SAFEKEEPING AND CUSTODY
A. Authorized Investment Institutions and Dealers
The City shall only purchase investments from the State Board of Administration, Florida Municipal
Investment Trust, financial institutions which are qualified as public depositories by the Treasurer of
the State of Florida, primary security dealers (or their agents) as designated by the Federal Reserve
Bank of New York, or by secondary securities dealers (or their agents) who act as investment banking
arms of local qualified banking institutions.
All financial institutions and broker/dealers who desire to provide investment services must supply the
following as appropriate and as requested:
1. Annual audited financial statements;
2. Public depository certification;
3. Proof of National Association of Securities Dealer ("NASD") Certification;
4. Certification of having read the City's investment policy;
5. Credit rating provided by a nationally recognized monitoring agency.
B. Delivery vs. Payment
All trades where applicable will be executed by delivery versus payment ("DVP") to ensure that
securities are deposited in an eligible financial institution prior to the release of funds. Securities
will be held by a third-party custodian as evidenced by safekeeping receipts.
C. Master Repurchase Agreement
The investment policy shall require all approved institutions and dealers transacting repurchase
agreements to execute and perform as stated in the Master Repurchase Agreement. All
repurchase agreement transactions shall adhere to the requirements of the Master Repurchase
Agreement.
D. Bid Requirements
Investments will be chosen based on liquidity needs and market conditions. The investments will
be competitively bid when feasible and appropriate. Except as required by law, the bid deemed to
best meet the investment objectives must be selected.
E. Internal Controls
The Finance Director is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that the cost of a control should not exceed the
benefits likely to be derived and the valuation of costs and benefits requires estimates and
judgments by management.
APDP 6.6.10
Accordingly, the Finance Director shall establish a process for an annual independent review as
part of the annual financial audit to assure compliance with the policies and procedures. The
internal controls shall address the following points:
1. Control of collusion — Collusion is a situation where two (2) or more employees are working in
conjunction to defraud their employer.
2. Separation of transaction authority from accounting and record keeping — By separating the
person who authorizes or performs the transaction from the people who record or otherwise
account for the transaction, a separation of duties is achieved.
3. Custodial safekeeping — All securities, with the exception of certificates of deposit, shall be held
with a third-party custodian; and all securities purchased by, and all collateral obtained by the City
should be properly designated as an asset of the City. The securities must be held in an account
separate and apart from the assets of the financial institution. No withdrawal of such securities, in
whole or in part, shall be made from safekeeping except by the Finance Director as authorized
herein, or by their respective designee.
4. Certificates of Deposit issued by a local bank or savings and loan association may be held in
safekeeping at that institution. The institution shall issue a copy of the certificate of deposit, a
safekeeping receipt, or some other confirmation of the purchase that is satisfactory to the Finance
Director. This will be kept on file in the Finance Department and will indicate the amount, interest
rate, issue date and maturity date of the certificate of deposit.
5. Avoidance of physical delivery securities — Book entry securities are much easier to transfer and
account for since actual delivery is never taken. Physical delivery securities must be properly
safeguarded against loss or destruction. The potential for fraud and loss increases with physically
delivered securities.
6. Clear delegation of authority to subordinate staff members — Subordinate staff members must
have a clear understanding of their authority and responsibilities to avoid improper actions.
7. Written confirmation of telephone transactions for investments and wire transactions — Due to the
potential for error and improprieties arising from telephone transactions, all telephone transactions
should be supported by written communications and approved by appropriate personnel unless an
agreement is executed with a financial institution as discussed in paragraph B.8 below.
8. Development of a wire transfer agreement with a bank or third-party custodian — This agreement
should outline the various controls and security provisions for making and receiving wire transfers.
IX. CONTINUING EDUCATION
The Finance Director and Controller shall annually complete eight (8) hours of continuing education in
subjects or courses of study related to investment practices and products.
X. REPORTING
The Finance Director shall provide a quarterly investment report to the City Manager. The report shall list
investments by fund and type and include the book value, income earned and market value as of the
report date.
APDP 6.6.11
XI. SECURITIES; DISPOSITION
A. Every security purchased under this section on behalf of the governing body of the City must be
properly earmarked and:
1. If registered with the issuer or its agents, must be immediately placed for safekeeping in a location
that protects the governing body's interest in the security;
2. If in book entry form, must be held for the credit of the governing body by a depository chartered
by the Federal Government, the state, or any other state or territory of the United States which
has a branch or principal place of business in this state as defined in s. 658.12, or by a national
association organized and existing under the laws of the United States which is authorized to
accept and execute trusts and which is doing business in this state, and must be kept by the
depository in an account separate and apart from the assets of the financial institution; or
3. If physically issued to the holder but not registered with the issuer or its agents, must be
immediately placed for safekeeping in a secured vault.
B. The City may also receive bank trust receipts in return for investment of surplus funds in securities.
Any trust receipts received must enumerate the various securities held, together with the specific
number of each security held. The actual securities on which the trust receipts are issued may be
held by any bank depository chartered by the Federal Government, this state, or any other state or
territory of the United States which has a branch or principal place of business in this state as defined
in s. 658.12, or by a national association organized and existing under the laws of the United States
which is authorized to accept and execute trusts and which is doing business in this state.
XII. SALE OF SECURITIES
When the invested funds are needed in whole or in part for the purposes originally intended or for more
optimal investments, the City may sell such investments at the then-prevailing market price and place the
proceeds into the proper account or fund of City.
XIII. PREEXISTING CONTRACT
Any public funds subject to a contract or agreement existing on May 1, 2009, may not be invested
contrary to such contract or agreement.
XIV. AUDITS
Certified public accountants conducting audits of the City pursuant to s. 218.39 shall report, as part of the
audit, whether or not the City has complied with section 218.415, F.S., and this Investment Policy.
XV. AUTHORIZED DEPOSITS
In addition to the investments authorized for the City in subsection (VIII), as authorized by paragraph (23)
of Section 218.415, F.S., the City may deposit any portion of surplus public funds in its control or
possession in accordance with the following conditions:
A. The funds are initially deposited in a qualified public depository, as defined in s. 280.02, selected by
APDP 6.6.12
the City.
B. The selected depository arranges for the deposit of the funds in certificates of deposit in one (1) or
more federally insured banks or savings and loan associations, wherever located, for the account of
the City.
C. The full amount of principal and accrued interest of each such certificate of deposit is insured by the
Federal Deposit Insurance Corporation.
D. The selected depository acts as custodian for the City with respect to such certificates of deposit
issued for its account.
E. At the same time the City's funds are deposited and the certificates of deposit are issued, the selected
depository receives an amount of deposits from customers of other federally insured financial
institutions, wherever located, equal to or greater than the amount of the funds initially invested by the
City through the selected depository.
XVI. PROHIBITED INVESTMENTS
The City is prohibited from investing in any company that engages in business with the countries of Iran
and Sudan. The City Manager may promulgate specific requirements for the implementation of this
provision based upon criteria applied by the Local Government Surplus Funds Trust Fund for such
purpose.
The City may not invest in companies that are included in the Scrutinized Companies that Boycott Israel
List as provided by Sec. 215.4725, Florida Statutes, which is used by the State Board of Administration,
unless an exception provided in that statute is applicable.
XVII. INVESTMENT POLICY REVIEW
The Finance Director shall review this Investment Policy on a semi-annual basis. Any recommended
changes to this policy must be approved by the City Manager and subsequently by the City Commission.
However, upon the initial approval of this Investment Policy by resolution of the City Commission, this
Investment Policy shall be amended by the City Manager without the necessity of further action by the
City Commission, to the extent that said amendments are necessary for conformance with any
amendments made to Section 218.415, F.S.
Originally Adopted —June 2, 2009 (Resolution No. 2009-30)
Revised —September 22, 2009 (Ordinance No. 2009-17)
Revised — November 1, 2011 (Resolution No. 2011-61)
Revised —July 8, 2014 (Resolution No. 2014-33)
Revised —October 10, 2016 (Resolution No. 2016-59)
Revised —October 18, 2018 (Resolution No. 2018-88)
Revised — February 7, 2019 (Resolution No. 2019-10)
*Investments managed internally by City staff, not managed by Investment Advisor
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CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager C4___
DATE: November 3, 2023
SUBJECT: Recommendation for the Donation of an Ambulance to Magen David
Adom
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
Per the direction of the City Commission at the October 19, 2023 Commission Workshop,
it is recommended that the City Commission adopt the attached Resolution authorizing
the expenditure of up to $150,000.00 for the donation of a fully equipped ambulance from
Magen David Adorn to the State of Israel.
BACKGROUND
As you are well aware, the ongoing conflict in the region of Israel has created a situation
of critical and life-threatening proportions. In times of such crises, the need for immediate
medical assistance is paramount. Magen David Adorn (MDA), Israel's national paramedic
service and a 501(c)(3) charitable organization, plays a vital role in providing life-saving
medical services to the people of Israel.
MDA is the representative of Israel to the International Red Cross and fulfills a crucial
humanitarian mission. Despite receiving no government support for its work, MDA
consistently treats and transports nearly one million individuals to hospitals every year.
They also play a pivotal role in collecting, safety testing, and distributing the majority of
the blood supply to Israel's hospitals. Furthermore, MDA responds to disasters not only
in Israel but also extends its help to communities worldwide.
One of the cornerstones of MDA's fleet is the Life Support ambulance, equipped with
essential medical equipment and staffed by specially-trained EMTs and paramedics
capable of addressing various medical emergencies, from obstetrics cases to stroke
patients, and even victims of terror attacks. These ambulances have proven to be
invaluable assets in times of crisis, allowing MDA to respond swiftly and effectively to
save lives.
Given the gravity of the ongoing conflict and the vital humanitarian services provided by
MDA, I strongly recommend that the City Commission consider a donation of up to
Memo to City Commission
Page 2
$150,000 to support the acquisition of a fully equipped Life Support ambulance by Magen
David Adom. Such an investment will not only enhance MDA's capabilities to respond to
critical medical emergencies but also demonstrate our City's solidarity with the people of
Israel during these trying times.
I kindly request that the City Commission deliberate upon this proposal and consider it
with the utmost urgency. The timely allocation of funds will be instrumental in helping
MDA continue its essential work in these challenging circumstances.
Thank you for your attention to this matter, and please do not hesitate to reach out if you
require any additional information or have questions.
RJW/act
Attachment
CCO3084-23
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, WAIVING SECTION 7.05 OF THE CITY
CHARTER TO AUTHORIZE AND APPROVE THE DONATION OF FUNDS
NOT TO EXCEED $150,000.00 FOR A FULLY EQUIPPED AMBULANCE
TO THE MAGEN DAVID ADOM ORGANIZATION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 7, 2023, the world witnessed Hamas terrorists infiltrate
Israel's borders and began indiscriminately killing and injuring thousands of innocent
Israelis and other citizens; and
WHEREAS, Governor Ron DeSantis issued Executive Order Number 23-208
declaring a state of emergency because of the atrocities committed against Israelis and
Americans residing or visiting in Israel, including many Floridians, and directed state,
regional and local government agencies to among other things mitigate needs created by
this emergency; and
WHEREAS, this invasion coupled with the State of Israel's justifiable response to
defend itself and its people has a created a situation of critical and life-threatening
proportions where the need for medical assistance is paramount; and
WHEREAS, the connections between the State of Israel and the City of Aventura
are profound and deeply-rooted, considering the City's sizable Jewish population, the
number of Aventura residents with dual citizenships and the number of Aventura residents
who frequently visit Israel; and
WHEREAS, Magen David Adorn is Israel's national paramedic service and a
501(c)(3) charitable organization, which plays a vital role in providing life-saving medical
services to the people of Israel, and maintains a fleet of Life Support ambulances; and
WHEREAS, Section 7.05 of the City Charter prohibits charitable contributions to
any person or entity, except such contributions as have been approved by six
Commissioners; and
WHEREAS, the current conditions in Israel warrant an unprecedented response
by the City of Aventura, necessitating the waiver of Charter Section 7.05; and
WHEREAS, the City Commission finds it is in the best interest of the City and its
residents to show solidarity with the people of Israel, by waiving Section 7.05 of the City
City of Aventura Resolution No. 2023-
Charter to authorize a donation in the amount not to exceed $150,000 to Magen David
Adorn for the purchase of a Life Support ambulance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That each and every above-stated recital is hereby adopted, confirmed
and incorporated herein.
Section 2. That the City Manager is hereby authorized to make a donation not
to exceed $150,000 to Magen David Adorn to be earmarked for the purchase of a Life
Support ambulance.
Section 3. That the City Manager is hereby authorized and requested to take all
other necessary and expedient actions to implement this Resolution.
Section 4. That the funds to be allocated and appropriated pursuant hereto and
for the purpose of carrying out the tenets of this Resolution shall be from Budget Line
Item Number 001-0501-512.83-01.
Section 5. That 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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
Page 2 of 3
City of Aventura Resolution No. 2023-
HOWARD S. WEINBERG, ESQ.
MAYOR
VICE MAYOR PAUL A. KRUSS
COMMISSIONER AMIT BLOOM
COMMISSIONER RACHEL S. FRIEDLAND
COMMISSIONER BILLY JOEL
COMMISSIONER DR. LINDA MARKS
COMMISSIONER MICHAEL STERN
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
CITY OF "ENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Keven Klopp, Community Development Director
DATE: November 3, 2023
SUBJECT: Proposed Resolution Approving an Inventory List of City-Owned
Property Appropriate for Use as Affordable Housing
November 7, 2023 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution.
THE REQUEST
As part of the Live Local Act adopted by the Florida Legislature in 2023, Section 166.
0451, Florida Statutes, requires that every three (3) years, municipalities in the State of
Florida prepare an inventory list of all real property within its jurisdiction to which the
municipality holds fee simple title that is appropriate for use as affordable housing. The
inventory list must include the address and legal description of the property and specify if
the property is vacant or improved. The list must be posted on the City's website.
City Staff have reviewed the inventory of City-owned property and have determined that
there is no City-owned property that is appropriate for use as affordable housing.
Pursuant to said statute, the elected body of the municipality must review the inventory
list at a public hearing and make revisions, if necessary.
CITY OF AVENTURA RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE INVENTORY LIST OF CITY-
OWNED PROPERTY APPROPRIATE FOR USE AS AFFORDABLE
HOUSING PURSUANT TO SECTION 166.0451, FLORIDA STATUTES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 166.0451, Florida Statutes, requires that every three (3)years
municipalities in the State of Florida prepare an inventory list of all real property within its
jurisdiction to which the municipality holds fee simple title that is appropriate for use as
affordable housing; and
WHEREAS, the inventory list must include the address and legal description of the
property and specify if the property is vacant or improved; and
WHEREAS, pursuant to said statute, the elected body of the municipality must
review the inventory list at a public hearing and make revisions if necessary; and
WHEREAS, the City's Community Development Director and City Staff have
reviewed the inventory of City-owned property and have determined that there is no City-
owned property that is appropriate for use as affordable housing; and
WHEREAS, the City Commission reviewed the Inventory List, attached hereto as
Exhibit "A", at a duly noticed public hearing held on November 7, 2023, and accepted the
same; and
WHEREAS, the City Commission finds and declares that adoption of this
Resolution is in conformance with the requirements of Section 166.0451, Florida Statutes,
and is in the public interest of the citizens of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Approval. Pursuant to Section 166.0451, Florida Statutes, the
Inventory List of City-Owned Property Appropriate for Use as Affordable Housing
attached hereto as Exhibit "A" is hereby approved.
Section 2. Authorization of City Manager. The City Manager is hereby
authorized to do all things necessary to effectuate this Resolution, including publishing
Exhibit "A" on the City's website.
City of Aventura Resolution No. 2023-
Section 3. Effective Date. This Resolution shall become effective upon
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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 7t" day of November, 2023.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
l( , City of Aventura
Community Development Department
Planning & Zoning Division
e' 19200 West Country Club Drive I Aventura, Florida 33180
q Phone: 305-466-8940
INVENTORY LIST OF CITY-OWNED PROPERTY
APPROPRIATE FOR USE AS AFFORDABLE HOUSING
Following a review and analysis of all real property within the City of Aventura's
jurisdiction to which the City holds fee simple title, 0 properties were identified that are
appropriate for the construction of affordable housing in accordance with Section 166.
0451 , Florida Statutes.
Inventory List:
• No such properties
* Inventory Prepared by the City of Aventura Community Development
Department 10/2023. Subject to upcoming review and approval by City
Commission. Update required 10/2026