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01-09-2024 Local Planning Agency Meeting Agenda CITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..�V r■. e4 q LOCAL PLANNING AGENCY MEETING AGENDA January 9, 2024 6:00 p.m. Aventura Government Center Commission Chambers Local Planning Agency AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA Mayor Howard S. Weinberg, Esq. Vice Mayor Paul A. Kruss Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura Local Planning Agency Meeting Agenda January 9, 2024 AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA: 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: November 7, 2023 4. PUBLIC HEARINGS — MOTION RECOMMENDING ADOPTION OF THE FOLLOWING: RESOLUTIONS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-145(B)(3)M OF THE CITY CODE TO PERMIT THE DEVELOPMENT OF PADEL COURTS AND ACCESSORY FACILITIES ON THE TOP FLOOR OF THE EXISTING PARKING GARAGE LOCATED AT 18851 NE 29 AVENUE; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4A). B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A LIQUOR PACKAGE STORE AT 19205 BISCAYNE BOULEVARD, UNIT E150, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-2(A) AND 4-2(B) OF THE CITY CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (413). C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(C)(2)P OF THE CITY CODE TO PERMIT THE ESTABLISHMENT OF A COFFEE SHOP WITH A DRIVE- THROUGH IN THE PROPOSED STARBUCKS TO BE LOCATED AT 20401 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 (4C). ORDINANCES: D. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 2-339 "CONTENTS AND SERVICE OF WARNING" AND SECTION 2-340 "CONTENTS AND SERVICE OF NOTICE" IN ARTICLE V "CODE ENFORCEMENT" OF CHAPTER 2 "ADMINISTRATION"; AMENDING SECTION 22-54 "RATES" IN CHAPTER 22 "CABLE COMMUNICATIONS"; AMENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY," SECTION 31-77 "AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS AND OFFICIAL ZONING MAP," AND SECTION 31-241 "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" IN CHAPTER 31 TO REMOVE ALL REFERENCES TO NEWSPAPER OF GENERAL CIRCULATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 2 Aventura Local Planning Agency Meeting Agenda January 9, 2024 5. ADJOURNMENT This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura Local Planning Agency or Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose,may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing, or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 2 of 2 • CITY OF AVENTURA LOCAL PLANNING AGENCY MEETING MINUTES NOVEMBER 7, 2023 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 Aventura City Commission acting in its capacity as the Local Planning Agency for the City of Aventura: 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weinberg at 6:08 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks, Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by David Bloom and Randy Stern. ANNOUNCEMENT OF VICE MAYOR: It was announced that Commissioner Paul A. Kruss will serve as Vice Mayor for the next six months. 3. APPROVAL OF MINUTES (October 19, 2023): A motion to approve the minutes of the October 19, 2023 meeting was offered by Commissioner Friedland, seconded by Commissioner Bloom, and unanimously passed by roll call vote. 4. PUBLIC HEARING - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING RESOLUTIONS: Mr. Meyers reviewed the quasi-judicial procedures for the applicable items and Mrs. Horvath administered the oath to all those wishing to offer testimony on the items. Disclosures of quasi-judicial communications were provided by the following members of the City Commission: Mayor Weinberg for Item 4A. Mrs. Horvath read the following Resolution title: A. 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 City of Aventura Local Planning Agency Meeting Minutes November 7, 2023 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. Note: The Quasi-Judicial procedures of the City shall be invoked for this item (4A). A motion to recommend adoption of the Resolution was offered by Vice Mayor Kruss and seconded by Commissioner Stern. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, subject to the conditions listed, and reviewed the item including the addition to condition #6 requiring approval from the Florida Department of Transportation. The following provided comments on behalf of the Applicant (Michael Marrero, Esq. — Bercow, Radell, Fernandez, Larkin & Tapanes, on behalf of Aventura 2999,LLC ) for the ICON Project: Jorge Perez (Chairman — The Related Group) and Jeffrey Bercow (Attorney - Bercow, Radell, Fernandez, Larkin & Tapanes, PLLC, 200 S. Biscayne Blvd. Suite 300, Miami). Mayor Weinberg opened the public hearing. The following members of the public provided comments: Maria Sanz (Aventura) and Steadman Stahl (President - Dade County Police Benevolent Association). There being no additional speakers, the public hearing was closed. The City Commission discussed the item including: the importance of the resolution, affordable housing, the Live Local Act, specifics of HERO Housing, appreciation for the police officers, amount of 1 and 2 bedroom units to be included, location of those units, and condominium units for the building versus rental units for the HERO Housing portion. The motion to recommend adoption of the Resolution passed unanimously by roll call vote. RECESS AND RECONVENE: The meeting was recessed at 6:40 p.m., for several items on the City Commission Regular Meeting Agenda, and reconvened at 7:50 p.m. Mrs. Horvath noted that all members of the City Commission, Mr. Wasson, and Mr. Meyers were in attendance. Mrs. Horvath administered the oath to all those additional wishing to offer testimony on the items. Page 2 of 5 City of Aventura Local Planning Agency Meeting Minutes November 7, 2023 Mrs. Horvath read the following Resolution title: B. 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 (413). A motion to recommend adoption of the Resolution was offered by Commissioner Stern and seconded by Commissioner Bloom. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, subject to the conditions listed, and reviewed the item. No comments were provided on behalf of the Applicant (Air Waterways Village, LLC) for the Waterways Village project. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No comments were provided by the City Commission. The motion to recommend adoption of the Resolution passed unanimously by roll call vote. Mrs. Horvath read the following Resolution title: C. 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 (4C). A motion to recommend adoption of the Resolution was offered by Commissioner Bloom and seconded by Vice Mayor Kruss. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, subject to the conditions listed, and reviewed the item. No comments were provided on behalf of the Applicant (Brian S. Adler, Esq. — Bilzin Sumberg, on behalf of PS Aventura Biscayne 2013 LLC and Public Storage Properties VI Inc. — collectively Public Storage) for the Public Storage project. Page 3 of 5 City of Aventura Local Planning Agency Meeting Minutes November 7, 2023 Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The City Commission discussed the item including: prior discussions about the possibility of the applicant providing rooftop amenities. The motion to recommend adoption of the Resolution passed unanimously by roll call vote. Mrs. Horvath read the following Resolution title: D. 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 (41D). A motion to recommend adoption of the Resolution was offered by Commissioner Joel and seconded by Vice Mayor Kruss. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, and reviewed the item. The following provided comments on behalf of the Applicant (Brian S. Adler, Esq. — Bilzin Sumberg, on behalf of PS Aventura Biscayne 2013 LLC and Public Storage Properties VI Inc. — collectively Public Storage) for the Public Storage project: Lauren Kahn, Esq. (Bilzin Sumberg Baena Price & Axelrod LLP, 1450 Brickell Avenue, Suite 2300, Miami). Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No comments were provided by the City Commission. The motion to recommend adoption of the Resolution passed unanimously by roll call vote. E. Withdrawn from the Agenda: 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 Page 4 of 5 City of Aventura Local Planning Agency Meeting Minutes November 7, 2023 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 (4E). 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, a motion to adjourn was offered by Commissioner Joel, seconded by Commissioner Bloom, and unanimously passed; thereby adjourning the meeting at 7:59 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on January 9, 2024. Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasso 4z�2. City Manager BY: Keven Klopp Community Development Director DATE: January 5, 2024 SUBJECT: Request for Conditional Use Approval for a Development of Padel Courts at 18851 NE 29 Avenue (the "Property") (File No. CUP231 1-0001) January 9, 2024 Local Planning Agency Meeting Agenda January 9, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the Conditional Use request to facilitate the development of commercial sport facilities known as Padel Park Aventura on the roof of the parking garage at the Property. THE REQUEST The applicant, Michael J. Marrero of Bercow, Radell, Fernandez + Tapanes, on behalf of Padel Park Aventura LLC, is requesting Conditional Use approval pursuant to Section 31- 145(b)(3)m of the City Code to permit padel courts and accessory uses. (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY 1OX Centre LLC APPLICANT Padel Park Aventura LLC ADDRESS OF PROPERTY 18851 NE 29 Avenue (See Exhibit#2 for Location Map). SIZE OF PROPERTY Approximately 3.84 acres LEGAL DESCRIPTION Harbour Centre PB 158-77 T-20678 Tract A Lot Size 3.849 AC M/L FAU 28-2203-000-0160 COC 24955-1967 09 2006 6 (See Exhibit#3 for Legal Description). Zoning — Subject Property TC1 — Town Center District Properties to the North MO — Medical Office District TC1 — Town Center District RMF3 — Multifamily Medium Density Properties to the South TC2 — Town Center Marine District Properties to the East RMF3B — Multifamily Medium Density Properties to the West TC1 — Town Center District Existing Land Use — Subject Property Offices Properties to the North Offices Multifamily Residential Properties to the South Commercial Properties to the East Multifamily Residential Properties to the West Mixed Use & Retail Future Land Use — Subject Property Town Center Properties to the North Town Center Properties to the South Town Center Properties to the East Medium-High Density Residential Properties to the West Town Center The Site —The existing site consists of an approximately 3.84-acre parcel situated at the intersection of NE 29 Avenue and NE 188 Street. The properties bordering to the north comprise a single-story office building and a multifamily residential development known as Camden South. To the east are the Uptown Marina Lofts and a canal leading to Dumfoundling Bay. South of NE 188 Street are a self-storage facility and a commercial marina. West of NE 29 Avenue are a mixed-use development known as The Venture at Aventura and the Town Center Aventura retail plaza. The Property hosts a ten (10) story office building built in 2003, a single-story retail building and a seven (7) story parking garage. 2 The Project — Padel Park Aventura proposes to develop sport recreational facilities on the rooftop of the parking structure. The facilities will include seven (7) padel courts with shower and locker rooms, and a small retail space, juice bar and lounging areas. The applicant has requested conditional use approval pursuant to Section 31-145(b)(3)m to permit the recreational facility on the Property. All uses permitted in the Community Facility (CF) district are permitted in the Town Center TC1 district if they are approved under Conditional Use. Parks and uses generally associated with it are permitted uses in the CF district. The Administrative Site Plan Approval Application No. SP2311-0001 is currently under review by City staff. Parking Requirement — The parking garage currently provides substantially more spaces than required for the office building. The rooftop of the garage will be converted from parking spaces to padel courts, thus reducing the number of parking spaces while increasing the parking requirement. Subsequent to this conversion, there will still be more parking provided than required by the Code (733 spaces required, 865 provided). ANALYSIS 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 recreational facility is located within the Town Center District. In this district, centers that have open-air configurations and serve the lifestyle pursuits of consumers in the area are encouraged. 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. The request is consistent with the City of Aventura Comprehensive Plan. This property is located within a Town Center future land use designation. Community Facilities District may be applied to land designated Town Center on the City's Future Land Use Map. 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 will not be detrimental to or endanger public health, safety or general welfare. The Applicant's proposal will activate a dated and underutilized property with an exciting new use, which will serve the community. 3 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. It will serve as an additional resource in an area which contains similar uses. 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 forin the requirement of these LDRs. City public facilities and services will continue to operate within the required levels of service once the Property is completed. 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 Applicant has taken adequate measures to provide ingress and egress to the Property in a manner that minimizes traffic congestion in the public streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in their zoning districts. 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 proposed use is designed to adequately mitigate adverse impacts, visual or otherwise, to adjacent properties. Extensive landscaping is proposed throughout the property, including an area with higher landscaping providing screening from adjacent residential buildings. 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. SP2311-0001 (Exhibit #4). 4 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. Applicant acknowledges that the hours of operation shall be no earlier than 7 AM nor later than 11 PM and that the City Commission may, if determined necessary by the City, require either reduced operating hours or mitigating measures to be implemented if the early-morning or late-night hours are determined to be creating a noise nuisance for the surrounding residents. 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. 5 BERCOW FERNANDEZ November 21, 2023 LARKIN+ TAPANES " .LAW° VIA ELECTRONIC MAIL 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 — Padel Park Aventura — Site Plan and mmarrero@brzoninglaw.com Conditional Use Approval at the Property Located at 18851 NE 29 Avenue Aventura, Florida Dear Mr. Klopp: Our law firm represents Padel Park Aventura, LLC (the "Applicant") with regard to proposed padel park located at 18851 NE 29 Avenue (the "Property") in the City of Aventura (the "City"). This letter shall serve as the Applicant's letter of intent requesting approval of its Site Plan and a Conditional Use at the Property. Property Description. The Property identified by Miami Dade County Property Appraiser Folio No. 28-2203-062-0010. The Property is approximately 3.84 acres in size and is designated as "Town Center" in the City's Comprehensive Plan. The Property is within the Town Center ("TC1") Zoning District. Currently, the Property is developed with a large parking garage. Proposed Development. The Applicant seeks to open a new location at a space on the roof of the existing seven (7) story parking structure within the Property. The Applicant seeks to serve as a resource in the City and seeks to introduce this use into the area with minimal disruption to the neighborhood. To accomplish this, the Applicant desires to develop and operate padel courts on the roof of the parking structure, in conjunction with a small retail space, or pro shop, to serve the park's patrons. Padel courts are permitted within the TC1 Zoning District as a Conditional Use since it is a type of park/recreational use. See Section 31-145(b)(3), City Mr. Keven Klopp Community Development Director Page 2 of Aventura Code of Ordinances. Therefore, the nature of this use is in harmony with the intent of the TC1 Zoning District. Application Requests. The Applicant recognizes that the approval of this site plan will also require a conditional use to be considered and approved by the City, and looks forward to working with the City on that process while the site plan review is ongoing. The complete summary of requests is as follows: • Approval of Site Plan • Conditional Use Approval to operate a padel facility at the Property Conditional Use Request. The Applicant requests a Conditional Use approval to permit a padel court facility at the Property. Such an addition to the Property will be able to serve both residents and visitors in the City. As the Property is within the TC1 Zoning District, uses which are permitted within the Community Facilities ("CF") Zoning District are also permitted, as a conditional use. Conditional Use Criteria. The proposed Conditional Use addresses the criteria described in Sec. 31-73 governing Conditional uses as follows: 1. The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan, specifically the type of uses proposed are specifically contemplated in the Town Center TC1 Zoning District 2. The maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. The Applicant's proposal will activate a dated and underutilized property with an exciting new use, which will serve the community. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 3 The proposed use is consistent with community character of the immediate neighborhood. It will serve as an additional resource in an area which contains similar uses. 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 requirements of theses LDRs. City public facilities and services will continue to operate within the required levels of service once the Property is completed. S. 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 Applicant has taken adequate measures to provide ingress and egress to the Property in a manner that that minimizes traffic congestion in the public streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in their zoning districts. 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 proposed use is designed to adequately mitigate adverse impacts, visual or otherwise, to adjacent properties. Extensive landscaping is proposed throughout the property, including proposed wall art. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this request. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238 Bercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 4 Sincerely, Michael J. Marrero Enclosures Bercow Radell Fernandez Larkin&Tapanes 305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Location Map - Exhibit #2 > 1 A1A m Sun Swept �_��_��__ -� Holiday Dr 1�, �- - - - - Isles 1 1 1 1 1 NE 213th St 1 z 1 rn 1 1 w 1 1 4i, 1 1 s 1 D Aventura o ghl` y d C 1 N Country 1 C° Park 1 Club Dr 1 � 2 O 1 1 0 1 1 t7 1 1 z 1 1 m N 1 1 4:- 1 St 1 s 1 199th / N Don Soffer 1 E / Turnberry Isle Exercise Trail 1 Golf Course Golden Beach 1 / 1 Aventura Mall Aventura / 1 1 1 1 hman CSWY 1 1 Le 1 1 \N 1 / 1 / 1 NE 190th S,. / 1 / Z 1 I � / 2822030620010 NE 186th St / I I / NE 783rd St / r / / a olds Park I I � / East�� Point / / NE 171st St NE 170th St TC1 Town Center District NE 1 69th St 1 : : 1 ,�y�ule Subject Property 1 Lake Aventura Municipal Boundary 1, Intracoastal Mall 826 12/5/2023 City of Aventura 1:30,000 Government Center 0 0.23 0.45 0.9 mi P� q 19200 West Country Club Drive Aventura,Florida 33180 0 0.35 0.7 1.4 km Exhibit#3 LEGAL DESCRIPTION Tract "A" of Harbour Centre, according to the Plat Thereof as Recorded in Plat Book 158, Page 77 of the Public Records of Miami-Dade County, Florida. ------- -- -- j +�Jj Tjjjjj-� o 0.D DEE E Tz2 z 000 w Lu 1 0 z � au <0 Lu 93H, Ll ()z I i t 8 u 'WIAIV j ///� o v 2 o 8 W CC IF 4 2 o ;z g o- 1. ;z o o o 13 U) 2 E 0 < 0 9 W U) 2§ p 1, < cl T z < i:�-T: o 0 9 u > < U) n < U) o 5 1� o < co I 1= w p < < 0 2: U 2 0 3<: < ryQ] < < 0 g g < 0 < (3 F-- < L F z u w T 00 < c� U-) U,) U,) u 0 — u U) 000 UO) ti Z.2 ; Q 0 < ce) < a u N N —1 0 LL < ri 0 0 0 0 < 21: W -0 > w Z, w < J > > D 0 u < N o M .0 ~ 8 u T ,) w U) <> U', 0 < W 4— 0) o LLT c� 2: LU 04 N 0 0 -0 —1 0 U0> 0 0 u < c� — Q u (.9 < U) o I-- F-- 0ti U 0 c� cc) u 0 1 0 u F--1 -0 < Ln fa c� n 00 0 u I—q ¢ aa i J U r or o w m oho �a Q v - O02 JF Ow :go z O zLU O r FOJajFo a 9um Q 4 a oo mmoa W a a g>�a0000w �. H w L�mmme�m „� ao K - 2 -1 as So III Q L ❑oI w n D I I a z o in d Y mmm mmm ��I =� Q o Elo Q a J _ w iu L—L wp �a C) IVA L cn a o o ol a a L o -- �' *I.00 Y 9 -1 ' -T- F- � o` —'-1 �-T- - F- -- J �-Il- - IL-'-- -I � � F ---1 F -- a� --_ I L_'— a 1a —J L �, F— =I.3 00 d aed Sad p =o �= a _. ® _ Ho, m s - so of 0 w w aw �on a e w w a Sd= mmmm mmm m J W O �- ICI O m 0E J F Oo �zwo z 2 z tou j rcW N msoaw W Hill K w c� z QOf u y w O ! crcr aLL zLU � z� w>% z _ ww z 0-j J 0 z Q zQ w< C) wQ W wQ (1) C) \ I/ Q !• Q 4w w z LU Of F z ® ! z z O w O z Q Q z� Q W 2' U w w U �Q W f_ — �/ �cr jai IRA � � �_ • xv x CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-145(B)(3)M OF THE CITY CODE TO PERMIT THE DEVELOPMENT OF PADEL COURTS AND ACCESSORY FACILITIES ON THE TOP FLOOR OF THE EXISTING PARKING GARAGE LOCATED AT 18851 NE 29 AVENUE; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Property at 18851 NE 29 Avenue ("Property"), legally described in Exhibit "A", is zoned TC1, Town Center District; and WHEREAS, the applicant, Padel Park Aventura LLC, through Application No. CUP2311-0001 ("Application"), is requesting conditional use approval pursuant to Section 31-145(b)(3)m of the City Code to permit the development of padel courts and accessory facilities on the top floor of the existing parking garage located at 18851 NE 29 Avenue; 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- 145(b)(3)m of the Code to permit padel courts and accessory facilities on the top floor of the existing parking garage located at 18851 NE 29 Avenue, 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. SP2311-0001. 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. City of Aventura Resolution No. 2024-_ 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 9t" day of January, 2024. Page 2 of 4 City of Aventura Resolution No. 2024-_ HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 4 Exhibit#3 LEGAL DESCRIPTION Tract "A" of Harbour Centre, according to the Plat Thereof as Recorded in Plat Book 158, Page 77 of the Public Records of Miami-Dade County, Florida. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson O�L City Manager BY: Keven Klopp i * Community Development Director DATE: January 5, 2024 SUBJECT: Request for Conditional Use Approval to Establish a Liquor Package Store as Part of, and Adjacent to, the New Location of The Fresh Market at 19205 Biscayne Boulevard, Suite E150 (the "Property") (File No. CUP2312-0001) January 9, 2024 Local Planning Agency Meeting Agenda January 9, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the Conditional Use request to establish a liquor package store adjacent to the upcoming The Fresh Market grocery store to be located at the referenced property, notwithstanding the spacing and distance requirements, for the sale of alcoholic beverages pursuant to Section 4.2 (a) and (b) of the City of Aventura Code of Ordinances. THE REQUEST The Fresh Market, Inc. d/b/a The Fresh Market("the Applicant"), is requesting Conditional Use approval pursuant to Section 4.2 (a) and (b) to permit the establishment of a liquor package store adjacent to the proposed grocery store (See Exhibit#1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Equity One (Florida Portfolio) LLC APPLICANT The Fresh Market, Inc. ADDRESS OF PROPERTY 19205 Biscayne Boulevard, Suite E150 (See Exhibit #2 for Location Map). SIZE OF PROPERTY Approximately 9.78 acres LEGAL DESCRIPTION Tracts A and C of SOFFER REDLICH PLAT, according to the Plat thereof, recorded in Plat Book 153, Page 56, of the Public Records of Miami-Dade County, Florida (See Exhibit #3 for complete Legal Description). Zoning — Subject Property B2 — Community Business District Properties to the North B2 — Community Business District Properties to the South B2 — Community Business District TC1 — Town Center District Properties to the East B2 — Community Business District Properties to the West B2 — Community Business District Unincorporated Miami Dade County Existing Land Use — Subject Property Commercial - Retail Properties to the North Commercial - Retail Properties to the South Commercial - Retail Properties to the East Hotel Properties to the West Warehouse Future Land Use — Subject Property Business and Office Properties to the North Business and Office Properties to the South Town Center Properties to the East Business and Office Properties to the West Community Shopping Center— Retail Utility The Site — The existing site consists of an approximately 9.78-acre commercial plaza known as Aventura Square located along Biscayne Boulevard between NE 191 Street and NE 192 Street. The proposed business will be situated in the heart of the plaza, encompassing 45,000 square feet. Positioned to the north are the Old Navy clothing store and the International Jewelers Exchange. To the south is a DSW Designer Shoe Warehouse and VCA Aventura Animal Hospital. Additionally, the plaza features a Starbucks coffee shop, a Bodega restaurant, and two banks. The space to be occupied by The Fresh Market was formerly Bed, Bath, Beyond. The Project — The Fresh Market, Inc. proposes to establish a grocery store that has an adjacent liquor package store to sell beer, wine, and liquor for off premise package sales. 2 The liquor package store will have an independent entrance and will not be connected to the grocery store. The liquor package store will be designed with complementary alcohol Castings for its patrons at a designated area. Patrons will not be charged not be charged for the alcohol beverage Castings that will be consumed on the premises within the tasting area. A different approval from the City and from the State would be needed in order to offer drinks for sale. ANALYSIS Sales of alcoholic beverages requires conditional use approval due to the distance and spacing requirements of Chapter 4 of the City Code as detailed in the "Community Development Department Analysis" below. Community Development Department Analysis—Chapter 4 of the City Code regulates the sale and service of alcoholic beverages. Sections 4-2 (a) and (b) establish certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that, unless first approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the uses excepted by City Code from the spacing requirements) and 2,500 feet from a religious facility or school. The Applicant provided a registered radial survey showing all licensed alcohol facilities and religious/educational facilities located within the non-excepted distance (See Exhibit # 4 — Liquor Radial Survey). Section 4-2 (e) of the City Code allows certain exceptions from this conditional use requirement; however, conditional use approval is required for The Fresh Market liquor store because only the off-premises sales of beer and wine are excepted. 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. The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. 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 will not be detrimental to or endanger public health, safety or general welfare. The Applicant intends to provide the package sale of beer, wine, and liquor for off premise consumption to its patrons conducted in a positive and responsible manner. 3 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 community character of the immediate neighborhood. It will serve the neighborhood near the Aventura Mall, where other such establishments have existed and should continue to exist responsibly in the future. 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 forin the requirement of these LDR's. There will be adequate utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, that will be available concurrent with demand for the proposed use of the Property. 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 liquor package store is located in an existing shopping center that has adequate ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in their zoning districts. 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 proposed liquor package liquor store is taking over the space of the former Bed Bath & Beyond, and it is compatible with the other business within the existing shopping center and surrounding areas. 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. This approval shall be granted exclusively to The Fresh Market Liquor Store to be established at the Property. This approval may not be transferred to any other location. 4 2. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4-3(a) of the City Code; namely, between the hours of 8.00 a.m. and 10.00 p.m. 3. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales of alcoholic beverages within twelve (12) months of the date of this approval or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 4. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers. 5. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. The applicant agrees to immediately discontinue sales of alcoholic beverages upon written notice to the applicant of such a determination, which can only be made after a public hearing in front of the City Commission involving the applicant, in which the Commission determines that the applicant has created and/or is creating a disturbance to the community, and that the applicant's conditional use approval should be terminated. Such public hearing shall not occur until after the following due process is provided to the applicant: (i) the applicant receives written notice from the City Manager that it has created and/or is creating a disturbance to the community; (ii) the applicant is afforded the opportunity to review and discuss all of the complaints or allegations that it has and/or is creating a disturbance to the community with the City Manager; (iii) the applicant is afforded the opportunity to review all evidence or facts used by the City Manager in making such allegations; and (iv) after providing the applicant an opportunity to cure or prevent any alleged defects, violations, or disturbances. 6. Any discontinuation of the sales and service of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. 7. Tastings are allowed by state law. The sale of alcoholic beverages for on-site consumption is not allowed by this approval, and customers will not be permitted to remove an individual glass of an alcoholic beverage or any open container from the premises. NOTICE OF PUBLIC HEARING Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 5 From the desk of: \ I Dominic"Nico" Romano, Partner I I I I Brickell Avenue, Ste. 1900 r Miami, FL 33131 Phone: 305.224.1003 Fax: 305.204.9129 1678 S P I R I T U S LAW Direct Phone: 3 Nico.Romano@spirituslaw.com com Email: Nico.Romano@spirituslaw.com Keven R. Klopp Community Development Director City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 Planning Director City of Aventura Re: The Fresh Market— 19205 Biscayne Blvd., Unit#E150, Aventura, Florida Letter of Intent—Conditional Use Application Dear Mr. Klopp: Our law firm represents The Fresh Market, Inc. d/b/a The Fresh Market("the Applicant") that will be opening soon at: 19205 Biscayne Blvd., Unit #E150, Aventura, FL 33180 (the Property'). This letter shall serve as the Applicant's letter of intent in support of the application for a Conditional Use approval to permit the grocery store that has an adjacent liquor package store to sell beer, wine, and liquor for off premise package sales pursuant to City Code Section 4- 2. The Fresh Market is a grocery and liquor package store to be located in the former site occupied by Bed Bath & Beyond, in a shopping center adjacent to the Aventura Mall. The grocery and liquor package store will be undergoing major internal and exterior remodeling and intends to be open and in full operation as soon as practicable. The Fresh Market is a destination for those looking to discover the best including convenient, restaurant-quality meals, hand- picked produce, premium baked goods, fresh-cut flowers, custom-cut meats and carefully curated offerings for holidays and special occasions. The grocery store portion of the Property that will provide package beer and wine sales for consumption off of the premises is exempt from distance impacts pursuant to Sec. 4.2(e)(4) of the Code. The Fresh Market will also offer a beer, wine and liquor package store that is adjacent to the grocery store for its patrons at the Property. The liquor package store will be designed to create a high-end shopping experience with complementary alcohol tastings for its patrons at a designed area within the liquor package store as permitted by the Florida Beverage Law. The Fresh Market will not be charging patrons for the alcohol beverage tastings that will be consumed on the premises within the tasting area. Since the grocery and liquor package store is located within 1500 feet from other business establishments with an alcohol beverage use and within 2500 feet of schools and religious facilities the liquor package store requires a Conditional Use permit, as it does not meet the distance requirements of Section 4-2(a) and (b) of the City of Aventura Code. 32082744v1 Page 2 of 4 Conditional Use Request. Pursuant to the Section 4-2 of the City' s Alcohol Beverage Regulations and the applicable Land Development Regulations (LDRs), the Applicant requests a Conditional Use approval to permit the sale of beer, wine and liquor for off-premises consumption, where other establishments selling alcohol exist within one-thousand five hundred feet (1,500) and a religious facility or schools/religious schools exist within two-thousand five hundred feet(2,500). Section 4- 2 provides as follows: Unless approved as a conditional use, no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the structure or place of business intended for such use is located less than 1, 500 feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The 1,500 feet distance requirements shall be measured by following a straight line from the nearest portion of the structure of the place of business. Unless approved as a conditional use, no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than 2,500 feet from a religious facility or school. There are other similar establishments within one-thousand five-hundred feet(1,500) that are already located within the perimeter, including a grocery store that also sells alcoholic beverages for off-premises consumption. However, the Conditional Use is supported by the fact that the existing grocery and liquor package stores described on the enclosed liquor survey for The Fresh Market, as well as the other establishments in the area, have previously operated and continue to operate in a responsible manner. It is also significant to note that the Property is located adjacent to the Aventura Mall and large malls, like the Aventura Mail, typically offer a variety of dinning and drinking options along with the with the many other uses within the mall. Also, as depicted on the survey, there are schools, including religious schools and/or establishments within two-thousand five-hundred feet (2,500) that are already located within the distance impacts. However, the Conditional Use is supported by the fact that the existing schools and religious establishments described on the enclosed liquor survey for The Fresh Market have been located within close proximity to other alcohol establishments without issue. It is also significant to note that the Property is located adjacent to the Aventura Mall and large malls, like the Aventura Mail, as mentioned previously typically offer a variety of dinning and drinking options along with the with the many other uses within the mall. Furthermore, The Fresh Market has a proven track record in the community for providing good food in a family-oriented atmosphere. The grocery and the package liquor store intend to offer alcoholic beverage products at the Property in a responsible manner to its patrons and visitors. It should be mentioned that The Fresh Market is proud that USA Today's lOBest Readers' Choice Awards has recognized The Fresh Market for the third year in a row as the "Best Grocery Store in America" for 2023. Page 3 of 4 Conditional Use Criteria. The proposed Conditional Use addresses the criteria described in Sec. 31-73 of Code, governing Conditional uses as follows: 1. The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan, specifically a collection of different commercial and retail uses are encouraged within the Business and Office designation. 2. The maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. The Applicant intends to provide the package sale of beer, wine, and liquor for off premise consumption to its patrons. As such, there are several other alcohol beverage establishments, schools and religious institutions located near and within the adjacent Aventura Mall and within the distance measurement from the Fresh Market. Please note that these establishments serve and sell alcoholic beverages to their patrons, and it has been demonstrated that alcoholic beverages sales can be conducted in a positive and responsible manner. The sale of alcoholic beverages by existing alcohol establishments in the adjacent Aventura Mall and surrounding areas has not resulted in any adverse effects or issues in the past, and the granting of this Application will not change that record. 3. The proposed use shall be consistent and compatible with other similar grocery stores within the neighborhood. The Property is consistent with community character of the immediate neighborhood. Again, it will serve the neighborhood near the Aventura Mall, where other such establishments have existed and should continue to exist responsibly in the future. 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 requirements of theses LDRs. There will be adequate utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, that will be available concurrent with demand for the proposed use of the Property. 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 liquor package store is located in an existing shopping center that has adequate ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Page 4 of 4 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect or impact on the ability of surrounding properties to develop for uses permitted in their zoning districts. 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 proposed liquor package liquor store is taking over the space of the former Bed Bath & Beyond, and it is compatible with the other business within the existing shopping center and surrounding areas. There will be no adverse effects associated with the proposed liquor package and grocery store. For all of the foregoing reasons we hereby request your favorable review and recommendation, and that the Applicant's request for a Conditional Use approval is warranted and should be granted. We would appreciate your scheduling this application for the next available public hearing. Thank you for your attention to this matter. Sinc ly, Dominic "Nico" Romano Enclosures Exhibit #2 Location Map Sun Swept_ _ �,��:�r=----- Holiday Dr — — — — — ty-L-ine Rd— -- — ISIes 1 J 1 1 1 NE 21 3th St 1 z I m 1 w 1 a � � 1 � s 1 D I Aventura 1 0 1 -a v CO Highland Oaks I N Park Country Club Dr 1 m 1 1 1 O 1 1 0 1 1 t7 3rd St z 1 1 m 1 1 N 1 1 1 th St 1 th St <0 1 N Don Soffer 1 Exercise Trail 1 Turnberry Isle / h Ter 1 Golf Course Golden Beach 1 / 1 Aventura Mall Aventura / I / 1 Lehman CsWy 1 \N.O.'am / 1 � I 1 / z 282�030550010 NE 190th S, — V D / / y D NE 186th St NE 783rd St Greynolds Park / Poi / / nt East Greynolds Park / __ / > Golf Course / -——————— — NE 171st St 1 NE 170th St � 1 I z 7 1 .... z N 1 is m i N Q ' usule Subject Property h 1 �*Lake 1 Municipal Zone - B2 Community Business District D � < II tt s hSt Aventura Municipal Boundary s Dr 12/11/2023 -- _ Catty of Aventur"i 1:30,000 Ii Government Center 0 0.23 0.45 0.9 mi 19200 West Country Club Drive a� Aventura,Florida 33180 0 0.35 0.7 1.4 km EXHIBIT#3 Shopping Center Legal Description PARCEL 1: (FEE) Tracts A and C of SOFFER REDLICH PLAT, according to the Plat thereof, recorded in Plat Book 153, Page 56, of the Public Records of Miami-Dade County,Florida. LESS AND EXCEPT: Beginning at the S.E.corner of said Tract A,thence along the boundary line of said Tract A for the following described four (4) courses; (1) thence North 2 degrees 51 minutes 49 seconds West for 617.34 feet to a point on the limited access right-of-way Iine of State Road 852;(2)thence North 56 degrees 51 minutes 19 seconds West, along the previously described Iine, for 186.33 feet; (3) thence South 2 degrees 54 minutes 59 seconds East for 75.53 feet; (4) thence South 87 degrees 31 minutes 10 seconds West for 45.92 feet; thence South 2 degrees 51 minutes 49 seconds East,departing the above named boundary Iine of said Tract A for 198.25 feet; thence South 47 degrees, 08 minutes 18 seconds East for 27.93 feet; thence South 2 degrees 51 minutes 49 seconds East for 432.04 feet to a point on the South line of said Tract A; thence North 87 degrees 34 minutes 58 seconds East, along the previously described line, for 177.09 feet to the Point of Beginning. PARCEL 2: (LEASEHOLD) Leasehold Estate as createdby that certain Business Lease Agreement dated March 1, 1995,by and between Lefkel Realty, as Landlord, and C.D. Ventures Incorporation,as Tenant, as assigned and amended by the Amendment to Business Lease Agreement dated February 15, 1997, as further assigned to in the Assignment of Business Lease Agreement and Landlord's Consent to Assignment dated November 17, 1997, recorded in Official Record Book 17879, page 3589, as further assigned in the Assignment of Business Lease Agreement and Landlord's Consent to Assignment recorded October 13, 2011 in Official Record Book 27857, page 4814, as affected by the Fee Owner Recognitions and Non- Disturbance Agreements recorded October 28, 2011 in Official Record Book 27877, pages 1643 and 1658, all of the Public Records of Miami-Dade County,Florida,demising for a term of years the following described land: Tract D of SOFFER REDLICH PLAT, according to the Plat thereof, as recorded in Plat Bock 153, Page 56, of the Public Records of Miami-Dade County,Florida. 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WHEREAS, the property at 19205 Biscayne Boulevard, Unit E150, legally described in Exhibit "A" (the "Property"), is zoned B2, Community Business District; and WHEREAS, the applicant, The Fresh Market Inc., through Application No. CUP2312-0001 ("Applicant"), is requesting Conditional Use approval to permit the establishment of a liquor package store at 19205 Biscayne Boulevard, Unit E150, notwithstanding the spacing and distance requirements of Chapter 4, Section 4-2(a) and (b) of the City Code; and WHEREAS, following proper notice, the City Commission held a quasi-judicial public hearing as provided by law to review the application; 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 to permit the establishment of a liquor package store at 19205 Biscayne Boulevard, Unit E150, legally described in "Exhibit A" to this resolution, is hereby granted subject to the following conditions- 1. This approval shall be granted exclusively to The Fresh Market Liquor Store to be established at the Property. This approval may not be transferred to any other location. 2. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4-3(a) of the City Code; namely, between the hours of 8:00 a.m. and 10:00 p.m. 3. The applicant shall obtain an alcoholic beverage license from the State of Florida and begin sales of alcoholic beverages within twelve (12) months of the date of this approval or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission at the written request of the applicant, provided that City of Aventura Resolution No. 2024- the applicant has filed the request for extension within the twelve (12) month period prior to expiration. 4. The applicant shall conduct Responsible Vendor Training pursuant to Florida Statutes to ensure no sales are made to underage customers. 5. The conditional use approval may be terminated in the event the City Manager determines that the approval has created and/or is creating a disturbance to the community. The applicant agrees to immediately discontinue sales of alcoholic beverages upon written notice to the applicant of such a determination, which can only be made after a public hearing in front of the City Commission involving the applicant, in which the Commission determines that the applicant has created and/or is creating a disturbance to the community, and that the applicant's conditional use approval should be terminated. Such public hearing shall not occur until after the following due process is provided to the applicant: (i) the applicant receives written notice from the City Manager that it has created and/or is creating a disturbance to the community; (ii) the applicant is afforded the opportunity to review and discuss all of the complaints or allegations that it has and/or is creating a disturbance to the community with the City Manager; (iii) the applicant is afforded the opportunity to review all evidence or facts used by the City Manager in making such allegations; and (iv) after providing the applicant an opportunity to cure or prevent any alleged defects, violations, or disturbances. 6. Any discontinuation of the sales of alcoholic beverages for a period of 180 consecutive days shall constitute abandonment and shall rescind this approval. 7. Tastings are allowed by state law. The sale of alcoholic beverages for on-site consumption is not allowed by this approval, and customers will not be permitted to remove an individual glass of an alcoholic beverage or any open container from the premises. Section 2. 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 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. Page 2 of 3 City of Aventura Resolution No. 2024- 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 9th day of January, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 EXHIBIT "A" Shopping Center Legal Description PARCEL 1: (FEE) Tracts A and C of SOFFER REDLICH PLAT, according to the Plat thereof, recorded in Plat Book 153, Page 56, of the Public Records of Miami-Dade County,Florida. LESS AND EXCEPT: Beginning at the S.E.corner of said Tract A,thence along the boundary line of said Tract A for the following described four (4) courses; (1) thence North 2 degrees 51 minutes 49 seconds West for 617.34 feet to a point on the limited access right-of-way Iine of State Road 852;(2)thence North 56 degrees 51 minutes 19 seconds West, along the previously described Iine, for 186.33 feet; (3) thence South 2 degrees 54 minutes 59 seconds East for 75.53 feet; (4) thence South 87 degrees 31 minutes 10 seconds West for 45.92 feet; thence South 2 degrees 51 minutes 49 seconds East,departing the above named boundary Iine of said Tract A for 198.25 feet; thence South 47 degrees, 08 minutes 18 seconds East for 27.93 feet; thence South 2 degrees 51 minutes 49 seconds East for 432.04 feet to a point on the South line of said Tract A; thence North 87 degrees 34 minutes 58 seconds East, along the previously described line, for 177.09 feet to the Point of Beginning. PARCEL 2: (LEASEHOLD) Leasehold Estate as createdby that certain Business Lease Agreement dated March 1, 1995,by and between Lefkel Realty, as Landlord, and C.D. Ventures Incorporation,as Tenant, as assigned and amended by the Amendment to Business Lease Agreement dated February 15, 1997, as further assigned to in the Assignment of Business Lease Agreement and Landlord's Consent to Assignment dated November 17, 1997, recorded in Official Record Book 17879, page 3589, as further assigned in the Assignment of Business Lease Agreement and Landlord's Consent to Assignment recorded October 13, 2011 in Official Record Book 27857, page 4814, as affected by the Fee Owner Recognitions and Non- Disturbance Agreements recorded October 28, 2011 in Official Record Book 27877, pages 1643 and 1658, all of the Public Records of Miami-Dade County,Florida,demising for a term of years the following described land: Tract D of SOFFER REDLICH PLAT, according to the Plat thereof, as recorded in Plat Bock 153, Page 56, of the Public Records of Miami-Dade County,Florida. (00821209.12) A-2-1 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven Klopp Community Development Director DATE: January 5, 2024 SUBJECT: Request for Conditional Use Approval to Permit the Establishment of a Coffee Shop with Drive-Through in the Proposed Starbucks to be Located at 20401 Biscayne Boulevard ("The Promenade Shops") (File No. CUP2312-0004) January 9, 2024 Local Planning Agency Meeting Agenda January 9, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the Conditional Use request to permit the establishment of a coffee shop with drive-through in the proposed Starbucks to be located at The Promenade Shops pursuant to Section 31-144 (c)(2)p of the City of Aventura Code of Ordinances. THE REQUEST The applicant, Michael J. Marrero of Bercow, Radell, Fernandez + Tapanes, on behalf of Starbucks Coffee Company (the "Starbucks") is requesting Conditional Use approval pursuant to Section 31-144(c)(2)p of the City Code to permit the establishment of a coffee shop with drive-through to offer a more efficient service to Starbucks customers. (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Promventure Limited Partnership % Gumberg Asset Management Corp APPLICANT Starbucks Coffee Company ADDRESS OF PROPERTY 20401 Biscayne Boulevard (The Promenade Shops) Building Address 20495 Biscayne Blvd. Formerly TD Bank (See Exhibit#2 for Location Map). SIZE OF PROPERTY Approximately 28.84 acres LEGAL DESCRIPTION The Promenade Shops Plat Book 133-39 Tracts A B & C less portion lying in SR5 & Lot 28 Block 6 Plat Book 20-49 Zoning — Subject Property B2 — Community Business District Properties to the North TC4 — Town Center Office Park District TC3 — Town Center Neighborhood District Properties to the South CF — Community Facility District RMF3 — Multifamily Medium Density Residential Properties to the East CF — Community Facility District TC3 — Town Center Neighborhood District Properties to the West MO — Medical Office District B1 — Neighborhood Business District Existing Land Use — Subject Property Commercial - Retail Properties to the North Offices — Mixed Uses Properties to the South Multifamily Residential Properties to the East Mixed Uses — Community Facilities Properties to the West Commercial — Retail - Highway Future Land Use — Subject Property Business and Office Properties to the North Town Center Properties to the South Medium-High Density Residential Properties to the East Medium-High Density Residential Town Center Properties to the West Business and Office The Site — The existing site consists of an approximately 28.8-acre commercial plaza known as The Promenade Shops located along Biscayne Boulevard between NE 203 Street and NE 207 Street. The property consists of eight buildings totaling approximately 327,371 square feet of retail space. The offerings range from large retailers such as 2 Marshalls and Win Dixie, to family owned shops and restaurants. In addition, The Promenade Shops hosts children entertainment, education centers, automotive repairs and a gas station. The proposed business will be situated on a portion of The Promenade Shops of approximately 0.60 acres (26,208 square feet) situated on the western side of the plaza facing Biscayne Boulevard (the "subparcel"). The subparcel, previously occupied by TD Bank, is identified with the address 20495 Biscayne Boulevard. The Project—Starbucks proposes to demolish the existing structure previously occupied by TD Bank, and in its place, construct a 2,650 square feet building with covered patio areas and drive-through facilities. The use will require twelve parking spaces and the applicant is accommodating thirteen. A preliminary queuing review was submitted to the Community Development Department to demonstrate that the proposed Starbucks drive- through provides adequate queue length storage to accommodate the queue demand. The applicant has requested conditional use approval pursuant to Section 31-144(c)(2)p to permit a drive-through facility for a restaurant, cafe or coffee house. Furthermore, Application for Site Plan Approval (City File No. SP2312-0002) is on file and currently being reviewed by City staff. 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. Community Development Department Analysis -The Promenade Shops are located in the Community Business District. Drive-through facilities are allowed for restaurants, cafes or coffee shops if first approved under Conditional 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. The request is consistent with the City of Aventura Comprehensive Plan. This establishment is located within property with a Business and Office land use designation. 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 will not be detrimental to or endanger public health, safety or general welfare. Starbucks proposal will activate a dated and underutilized property with a new use which will serve the community. 3 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 community character of the immediate neighborhood. It will serve as an additional resource in an area which contains similar uses. 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 forin the requirement of these LDR's. Public facilities and services will continue to operate within the required levels of service once Starbucks is completed. 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. Starbucks has taken adequate measures to provide ingress and egress to The Promenade Shops in a manner that minimizes traffic congestion in the public streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in their zoning districts. 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 proposed use is designed to adequately mitigate adverse impacts, visual or otherwise, to adjacent properties. Extensive landscaping is proposed throughout the property, including proposed wall art. 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. This approval shall be granted exclusively to Starbucks to be established at The Promenade Shops. This approval may not be transferred to any other location. 2. Plans submitted for building permit shall substantially comply with those submitted to the Community Development Department and approved under ASPA application No. SP2312-0002. 4 3. 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. NOTICE OF PUBLIC HEARING Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. The Community Development Department has received no citizen comments as of the date of writing of this report. 5 EXHIBIT#1 BERCOW RADELL FERNANDEZ November 7, 2023 LARKIN TAPANES =nvR VIA ELECTRONIC MAIL r 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 — Starbucks Coffee Company — Site Plan and mmarrero@brzoninglaw.com Conditional Use Approval at the Property Located at 20401 Biscayne Boulevard Aventura, Florida Dear Mr. Klopp: Our law firm represents Starbucks Coffee Company ("Starbucks" or the "Applicant") with regard to a proposed Starbucks location at the Promenade Shops located 20401 Biscayne Boulevard (the "Property") in the City of Aventura (the "City"). This letter shall serve as the Applicant's letter of intent requesting approval of its Site Plan and a Conditional Use at the Property. Property Description. The Property identified by Miami Dade County Property Appraiser Folio No. 28-1234-065-0010. The Property is approximately 4.285 acres in size and is designated as "Business and Office" in the City's Comprehensive Plan. The Property is within the Community Business ("132") Zoning District. Currently, the Property is developed with a large, commercial shopping center, surface parking, and various standalone commercial buildings throughout the surface parking lot. Proposed Development. Starbucks seeks to open a new location at a space within a commercial building at a corner of the Property. Similar to other Starbucks locations, the Applicant seeks to serve as a resource in the City and seeks to introduce this location into the area with minimal disruption to the neighborhood. To accomplish this, the Applicant desires to develop and operate a drive-thru in connection with its retail space. Mr. Keven Klopp Community Development Director Page 2 The City Code was recently amended to permit a drive-through within the B-2 District, as a conditional use. See Section 33-144(c)(2)(p), City of Aventura Code of Ordinances. A drive- through will allow Starbucks to operate this location and maximize convenience for both vehicular and pedestrian traffic and would prioritize orientation towards direct access to arterial roadways.The nature of this use is in harmony with the intent of the B2 Zoning District. Application Requests.The Applicant recognizes that the approval of this site plan will also require a conditional use to be considered and approved by the City, and looks forward to working with the City on that process while the site plan review is ongoing. The complete summary of requests is as follows: • Approval of Site Plan • Conditional Use Approval to operate a drive-through facility at the Property Conditional Use Request. The Applicant requests a Conditional Use approval to permit a drive-through at the Property.Starbucks is a world-renowned coffee shop and is excited to open its doors and begin to operate in the City. This Property is a prime location where Starbucks will be able to serve both residents and visitors along a busy corridor of the City. This location will be substantially similar to other Starbucks locations and will provide retail and restaurant space. Therefore, Starbucks also seeks approval for a drive-through to most efficiently service all customers. Conditional Use Criteria. The proposed Conditional Use addresses the criteria described in Sec. 31-73 governing Conditional uses as follows: 1. The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan, specifically the type of uses proposed are specifically contemplated in the Community Business B2 Zoning District 2. The maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. The Applicant's proposal will activate a dated and underutilized property with an exciting new use, which will serve the community. 6ercow Radell Fernandez Larkin&Tapanes 1305.377.6238 direct 1305.377.6222 fax 1 mmarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 3 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 community character of the immediate neighborhood. It will serve as an additional resource in an area which contains similar uses. 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 requirements of theses LDRs. City public facilities and services will continue to operate within the required levels of service once the Property is completed. S. 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 Applicant has taken adequate measures to provide ingress and egress to the Property in a manner that that minimizes traffic congestion in the public streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in their zoning districts. 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 proposed use is designed to adequately mitigate adverse impacts,visual or otherwise, to adjacent properties. Extensive landscaping is proposed throughout the property, including proposed wall art. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this request. Should you have any questions, Eercow Radell Fernandez Larkin&Tapanes j 305.377.6238 direct 1305.377.6222 fax I mmarrero@brconinglaw.com Mr. Keven Klopp Community Development Director Page 4 comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238 Sincerely, Michael J. Marrero Enclosures Bercow Radell Fernandez Larkin&Tapanes 305.377.6238 direct 1305.377.6222 fax mmarrero@brzoninglaw.com EXHIBIT #2 Location Map a � V_ Al A m n Swept Holiday Dr — — — — — —L + J Isles 1 � NE 21 3th St _ 1 1 m � 1 � 1 - , D I 1 Aventura o land Oaks �1 + ' v m Park 1 N Country Club Dr 1 m ' -o � O - 1 0 • t� z . 2812340650010 1 m 1 N , 1 th st 1 / < 1 N Don Soffer / 1 E ' � Turnberry Isle Exercise Trail 1 Golf Course Golden Beach 1 / Aventura Mall Aventura / I , 1 an CSWY 1 am Lehm 1 1 W\\\\ , NE 190th S- / NE 186th St I / / NE 783rd St / a s Park / Point East ID" NE 171st St ' N E 170th St ........ Subject Property NE 169th St -71 Municipal Zone: ' Mlu/e B2 Community Business District �1Lake _ ' ___ al Boundary � Intracoastal Aventura Municipal Y Mall 8 66 12/14/2023 City of 1:30,000 Aventur" 0 0.23 0.45 0.9 mi ` Government Center ems. o 19200 West Country Club Drive 0 0.35 0.7 1.4 km d� Aventura,Florida 33180 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(C)(2)P OF THE CITY CODE TO PERMIT THE ESTABLISHMENT OF A COFFEE SHOP WITH A DRIVE- THROUGH IN THE PROPOSED STARBUCKS TO BE LOCATED AT 20401 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property at 20401 Biscayne Boulevard ("Property"), legally described in Exhibit "A", is zoned B2, Community Business District; and WHEREAS, the applicant, Michael J. Marrero of Bercow, Radell, Fernandez + Tapanes, on behalf of Starbucks Coffee Company, through Application No. CUP2312- 0004 ("Application"), is requesting conditional use approval pursuant to Section 31- 144(c)(2)p of the City Code to permit the establishment of a coffee shop with a drive- through in the upcoming Starbucks to be located at 20401 Biscayne Boulevard; 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(c)(2)p of the Code to permit the establishment of a coffee shop with a drive-through in the upcoming Starbucks to be located at 20401 Biscayne Boulevard, 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. SP2312-0002. 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. City of Aventura Resolution No. 2024- 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 9t" day of January, 2024. Page 2 of 3 City of Aventura Resolution No. 2024- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 EXHIBIT"A" LEGAL DESCRIPTION: The Promenade Shops Plat Book 133-39 Tracts A B& C less portion lying in SR5 & Lot 28 Block 6 Plat Book 20-49 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY- Robert Meyers, Office of the City y y DATE: January 5, 2024 SUBJECT: An Ordinance of the City Commission Amending the City Code to Remove All References to "Newspapers Of General Circulation" Consistent with Chapter 50 of the Florida Statutes Which Permits Website Publication of Legal Notices January 9, 2024 City Commission Meeting Agenda (First Reading) January 18, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an ordinance amending portions of City Code Chapters 2, 22, and 31 by deleting all references to newspapers of general circulation to enable all legal notices to be published in all permitted sources (including website publication) under Chapter 50 of the Florida Statutes. BACKGROUND Chapter 50 of the Florida Statutes was amended to allow municipalities to publish their legal notices and advertisements on a County-created publicly-accessible website in part to reduce the high costs associated with publishing legal notices in newspapers of general circulation. Once Miami-Dade County establishes a website for such purposes, the City of Aventura will utilize this website to publish its legal notices. However, there are a few sections in the City Code that specifically mandate publication of notices in newspapers of general circulation. By amending the Code to remove the newspaper reference from the Code, the City will be allowed to publish all of its legal notice on this website while adhering to the notice publication requirements set forth in Chapter 50 of the Florida Statutes. Fiscal Impact The City will experience a reduction in the cost of publishing its notices and advertisements once Miami-Dade County finalizes the website and the City enters into an agreement with RealAuction — the company that will publish such notices through the County website. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 2-339 "CONTENTS AND SERVICE OF WARNING" AND SECTION 2-340 "CONTENTS AND SERVICE OF NOTICE" IN ARTICLE V "CODE ENFORCEMENT" OF CHAPTER 2 "ADMINISTRATION"; AMENDING SECTION 22-54 "RATES" IN CHAPTER 22 "CABLE COMMUNICATIONS"; AMENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY," SECTION 31-77 "AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS AND OFFICIAL ZONING MAP," AND SECTION 31-241 "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" IN CHAPTER 31 TO REMOVE ALL REFERENCES TO NEWSPAPER OF GENERAL CIRCULATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 50, Florida Statutes, has been amended to provide for internet website publication of legal notices; and WHEREAS, as a more cost-effective option, the City of Aventura ("City") desires to publish its official notices through the internet in accordance with Section 50.0211, Florida Statutes; and WHEREAS, Chapters 2, 22 and 31 of the City's Code of Ordinances ("Code") includes language that limits the City's options to publish its legal notices to only be published in a "newspaper of general circulation"; and WHEREAS, the City desires to amend its Code to delete all limitations to publish its legal notices in a newspaper of general circulation and to expand its options for publication to include all permitted sources under Chapter 50; and WHEREAS, the City Commission finds it is in the best interest of the City to amend its ordinance to expand the options for publication that are authorized pursuant to Chapter 50. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: 1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by stFik g r City of Aventura Ordinance No. 2024- Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Chapter 2 Amended. That Chapter 2, Article V, Section 2-339, "Contents and service of warning" and Section 2-340, "Contents and service of notice" of the Code are hereby revised to read as follows: CHAPTER 2 —ADMINISTRATION Article V. — CODE ENFORCEMENT Section 2-339. - Contents and service of warning. (c) In addition to serving the warning as set forth above, at the option and discretion of the City Manager, the warning may also be served by publication or posting as follows- (1) a. The warning shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general &GUlation ;n Miarni Dade County, as cnonifior! ;n accordance with F.S. ch. 50. Section 2-340. - Contents and service of notice. (c) In addition to providing service of the notice as set forth above, at the option and discretion of the City Manager, the Notice may also be served by publication or posting as follows- (1) a. The notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general &GUlation ;n Miarni Dade County, as cnonifior! ;n accordance with F.S. ch. 50. Page 2 of 6 City of Aventura Ordinance No. 2024- Section 3. City Code Chapter 22 Amended. That Chapter 22, Section 22-54, "Rates" of the Code is hereby revised to read as follows- (c) Subject to the City's regulation of rates as permitted under applicable Federal and State law, should a franchisee desire to change any rate or charge, it shall submit a written proposal for the amounts and effective date of such change to the City Manager who shall evaluate the proposal in a manner consistent with FCC cable television rate regulation standards or other applicable law in effect at the time and report this evaluation to the City Commission. The City Manager's report shall be placed before the City Commission at a duly noticed public hearing. The City will provide written notice of the public hearing to the franchisee no later than five days prior to the public hearing. The City may require the franchisee to notify each subscriber, by placing an announcement of not less than one quarter page in a newspaper of general &GUlation accordance with F.S. ch. 50 and/or via the cable system, of the proposed rate change and the date and time of the public hearing, with such notice commencing no later than 48 hours prior to time of the public hearing. *** Section 4. City Code Chapter 31 Amended. That Chapter 31, Section 31-71, "Procedures of general applicability"; Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map"; and Section 31-241, "Wireless telecommunications towers and antennas" are hereby revised to read as follows: Article V. — DEVELOPMENT REVIEW PROCEDURES Section 31-71. - Procedures of general applicability. *** (e) Public hearing and notices procedures. *** Notice of the time and place of the public hearing describing the nature of the application and street address of the property shall be published in a—newspape� of general in the Git accordance with F.S. ch. 50 not less than ten days prior to the public hearing. *** Section 31-77. -Amendments to the Land Development Regulations and Official Zoning Map. *** (h) Zoning in progress, applicability, temporary hold on permits and licenses. *** (3) Future amendments to LDR.*** The hold shall commence upon the date that notice of zoning in progress is published in a newspaper of general ^;FGU!at,,,n ;n the Page 3 of 6 City of Aventura Ordinance No. 2024- Gity accordance with F.S. ch. 50 and shall continue in effect for a period from the date of notice until the subject change, with or without amendments, shall have been approved or disapproved by the City Commission or for a period of three months, whichever is sooner, unless such development application would be in conformity with the more restrictive of the existing zoning district status or the zoning district regulations as compared to the proposed zoning district status or zoning district regulations. *** Article XI. — DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY Section 31-241. -Wireless telecommunications towers and antennas. *** (d) General requirements/minimum standards. *** (20) Public notice. For purposes of this section and notwithstanding any other requirements with regard to public notice in the city's Code, any request for a conditional use on private property shall require a public hearing that shall be advertised at least seven days before the public hearing in of general nirnUlo+inn and readership in the muninipality accordance with F.S. Ch. 50.*** Section 5. 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 6. 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 re-numbered or re-lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 7. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. Page 4 of 6 City of Aventura Ordinance No. 2024- 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 PASSED on first reading this 9t" day of January, 2024. PASSED AND ADOPTED on second reading on this 18t" day of January, 2024. Page 5 of 6 City of Aventura Ordinance No. 2024- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 6 of 6