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02-06-2024 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 February 6, 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 February 6, 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: January 9, 2024 4. PUBLIC HEARINGS — MOTION RECOMMENDING ADOPTION OF THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-21 — "DEFINITIONS", TO ADD A DEFINITION FOR "EXTENDED STAY HOTEL" AND AMENDING SECTION 31-143(F)(2A) "MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICTS (RMF4)" TO ADD "EXTENDED STAY HOTEL" TO THE LIST OF USES THAT MAY BE ESTABLISHED IN RMF4 IF FIRST APPROVED AS A CONDITIONAL USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURNMENT This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura Local Planning Agency or Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing, or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 1 of 1 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission, Acting in its Capacity as the Local Planning Agency for the City of Aventura FROM: Ellisa L. Horvath, MMC, City Clerk DATE: February 2, 2024 SUBJECT: Approval of Minutes February 6, 2024 Local Planning Agency Meeting Agenda RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Local Planning Agency for the City of Aventura, approve the attached minutes as provided by the City Clerk, for the Local Planning Agency meetings held as listed below. BACKGROUND A meeting was held and minutes have been provided for the City Commission, acting in its capacity as the Local Planning Agency, for approval of the following: • January 9, 2024 Local Planning Agency Meeting Should you have any questions, please contact me. /elh attachment • CITY OF AVENTURA LOCAL PLANNING AGENCY MEETING MINUTES JANUARY 9, 2024 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 6:06 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Paul A. Kruss, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, 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 Mayer Beck. 3. APPROVAL OF MINUTES (November 7, 2023): A motion to approve the minutes of the November 7, 2023 meeting was offered by Vice Mayor Kruss, seconded by Commissioner Friedland, and unanimously passed by roll call vote. 4. PUBLIC HEARING - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING: 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. No disclosures of ex parte communications were provided by members of the City Commission. RESOLUTIONS: 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)(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). City of Aventura Local Planning Agency Meeting Minutes January 9, 2024 A motion to recommend adoption of the Resolution was offered by Commissioner Stern and seconded by Commissioner Friedland. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, subject to the conditions listed, and reviewed the item. The following provided comments on behalf of the Applicant (Padel Park Aventura, LLC): Michael Marrero, Esq. — Bercow, Radell, Fernandez, Larkin & Tapanes (200 S. Biscayne Boulevard, Suite 300, Miami). Mayor Weinberg opened the public hearing. The following members of the public provided comments: Alice Bonvicini (3029 NE 188 Street, Aventura) and Elena Battani (3029 NE 188 Street, #921 , Aventura). There being no additional speakers, the public hearing was closed. The City Commission discussed the item including no additional objections (other than the two speakers) received to date as reported by Mr. Klopp. The motion to recommend adoption of the Resolution passed unanimously by roll call vote. Mrs. Horvath read the following Resolution title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO 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). A motion to recommend adoption of the Resolution was offered by Vice Mayor Kruss and seconded by Commissioner Joel. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, subject to the conditions listed, and reviewed the item. The following provided comments on behalf of the Applicant (The Fresh Market, Inc.): Dominic "Nico" Romano, Esq. — Spiritus Law (1111 Brickell Avenue, Suite 1900, Miami). Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The City Commission discussed the item including the fact that no workshop was done for the item as reported by Mr. Klopp. Page 2 of 4 City of Aventura Local Planning Agency Meeting Minutes January 9, 2024 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(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). A motion to recommend adoption of the Resolution was offered by Commissioner Friedland 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. The following provided comments on behalf of the Applicant (Starbucks Coffee Company): Michael Marrero, Esq. — Bercow, Radell, Fernandez, Larkin & Tapanes (200 S. Biscayne Boulevard, Suite 300, Miami). Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The City Commission discussed the item including the project needing to comply with the City's art and color palette. The motion to recommend adoption of the Resolution passed unanimously by roll call vote. ORDINANCES: Mrs. Horvath read the following Ordinance title: 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. A motion to recommend adoption of the Ordinance was offered by Commissioner Stern and seconded by Commissioner Bloom. Page 3 of 4 City of Aventura Local Planning Agency Meeting Minutes January 9, 2024 Mr. Meyers reviewed the item recommending approval to enable all legal notices to be published in all permitted sources under Chapter 50 of the Florida Statutes. 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 Ordinance passed unanimously by roll call vote. Mayor Weinberg noted the following dignitaries in attendance: Maor Elbaz-Starinsky — Consul General of Israel in Miami and former Aventura Mayor Jeff Perlow. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, a motion to adjourn was offered by Commissioner Bloom, seconded by Commissioner Joel, and unanimously passed; thereby adjourning the meeting at 6.35 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on February 6, 2024. Page 4 of 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manag r �w BY: Keven R. Klopp, Community Development Director DATE: February 2, 2024 SUBJECT: Ordinance Creating Extended Stay Hotels as a Conditional Use in RMF4 February 6, 2024 Local Planning Agency Meeting Agenda February 6, 2024 City Commission Meeting Agenda February 20, 2024 City Commission Special Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance on First Reading and schedule final approval for further consideration on February 20. BACKGROUND The Land Development Regulations currently provide a definition of hotel as well as a definition of limited service hotel as a sub-category. The length of stay limitation for both a hotel and a limited service hotel is 90 days. The requested amendment would create a sub-category of limited service hotel called "extended stay hotel". The length of stay limitation for this sub-category would be six months, and would be renewable. Limited Service Hotels may only be developed upon conditional use approval from the City Commission, as would be the case for extended stay hotels, if approved. A "glitch bill" is currently under consideration by the Florida Legislature which would clarify that Conditional Use approvals are not included within the parameters of the Live Local zoning pre-emptions. As indicated by the City Commission at its January 2024 workshop, a written opinion from the City Attorney regarding this matter should be obtained and considered prior to final approval of the proposed length of stay provisions for an extended stay hotel. The application and letter of intent requesting this code amendment are attached as Exhibit #1. The proposed ordinance is attached as Exhibit #2. CITY OF AVENTURA -_--_-- COMMUNITY DEVELOPMENT DEPARTMENT 19200 W. Country Club Drive Aventura, Florida 33180 (305) 466-8940 PUBLIC HEARING APPLICATION FOR AMENDMENT TO THE TEXT OF THE LAND DEVELOPMENT REGULATIONS City Code Section 31-77 DATE: PROPOSED PROJECT NAME: Tal Aventura LOCATION: Text Change Not Property Specific LEGAL DESCRIPTION: n/a FOLIO NUMBER(s): n/a CURRENT ZONING: RMF4 CURRENT LAND USE: Medium-High Density PROPOSED LAND USE: See attached Letter of Intent PROPOSED USE OF PROPERTY: (Attach additional sheets if necessary) Multi-family and extended stay hotel Name of Applicant or Contact Person: Phone No.: Brian Adler on behalf of GOT 183 LLC 305-350-2351 Address of Applicant: Bilzin Sumberg, 1450 Brickell Avenue, Suite 2300, Miami, FL 33131 Name of Property Owner (if other than Applicant): Phone No.: N/A Address of Property Owner: N/A 1. The following documents are required to be submitted with and deemed to be incorporated into this petition, as applicable: ALL APPLICATIONS MUST BE ACCOMPANIED BY A LETTER OF INTENT. Please describe in detail, whether and to what extent the requested development action serves a public benefit which would warrant the granting of the request and specific justification for approval of the application, nature of the requests and any other pertinent information. Insufficient justification may result in the denial of your application. One (1) original application, signed and notarized by the applicant, owner and/or attorney and, if necessary, authorization to another individual to represent the applicant. Disclosure of Interest Form. Applicant Representative Affidavit and Business Relationship Affidavit(s) Pursuant to Section 31-71 (b) (2) of the City Code. Any other documentation required to evaluate this request, as determined by the City Manager or his designee. Is this hearing being requested as a result of a violation notice or summons? Yes No X If yes, in whose name was the violation or summons notice served? Nature of violation N/A Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. N/A Is there an option to purchase or lease subject property or property contiguous thereto, predicated on the approval of this application? Yes N/A No N/A If yes, who are the affected parties? N/A (Copy of purchase contract must be submitted with this application). Are there plans representing new construction? Yes X No Has construction started? Yes No X Has construction been completed? Yes No X Are there any existing structures on the property? Yes No X Will the existing structures be demolished? Yes No N/A 8/28/2007 2 2. Labels, Notification and Advertising (Pursuant to Resolution 2007-28) ALL COSTS OF ADVERTISING, MAILING AND POSTING SHALL BE BORNE BY THE APPLICANT. The Community Development Department shall prepare and coordinate a published notice of the application. The application request shall be advertised by the City in accordance with law. Advertising Costs All applications requiring public notice shall provide to the Community Development Department, at the cost of the applicant, a notarized list in electronic format of all owners within a 300 foot radius of the property subject of the application along with two copies of self-adhesive labels containing the names and addresses of all property owners as required by City Code. Applications requiring public notice shall pay a deposit to cover the cost of property posting notice, mailing notice and newspaper advertisements by the City, as follows: i. The sum of $10,000 for applications for Development of Regional Impact, Amendments to the Comprehensive Plan, Amendments to the Official Zoning Map, Amendments to the text of the Land Development Regulations ii. The sum of $1 ,000 for all other applications noted in 1 . above. In the event that the publication and notice charges exceed the amount of the deposit above, the applicant shall be responsible to pay the City the full cost of such charges. 3. Filing and Hearing Fees A check made payable to the City of Aventura for the amount of$ 7,500. A check made payable to Miami-Dade County for $250.00 for Miami- Dade DERM review. 4. Property Violations As part of the review, your property may be subject to various inspections by City personnel. If building, zoning or Code Compliance violations are found, your request for a public hearing will be deferred until such violations are corrected. 8/28/2007 3 5. Responsibility of Applicant It is the responsibility of the applicant to assure that all questions in the application and all required supplementary data are submitted at the time of the filing of the application and that all answers, plans and supplementary data are accurate and complete. All required plans, supplementary data, mailing labels and fees must be submitted at the same time as the application is filed, or the application will be incomplete. Incomplete applications will not be scheduled for public hearing and will be returned to the applicant. The filing of an incomplete application will not reserve a place on the hearing agenda. An application submitted prior to the deadline does not automatically insure placement of the application on that hearing agenda. All data submitted in connection with the application becomes a permanent part of the public records of the City of Aventura. 8/28/2007 4 Bilzin Sumherg Brian S.Adler, Esq. el 305.350.2351 Fax 305.351.2206 badler(a)bilzin.com January 23, 2023 Mr. Keven Klopp Community Development Director City of Aventura Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Florida 33180 Re: Letter of Intent for Land Development Regulation Text Amendment Dear Mr. Klopp: This firm represents Got183 LLC (the "Applicant"), in connection with the proposed amendment to the City of Aventura land development regulations related to a proposed subcategory of a Limited Service Hotel. Got183 LLC is proposing to develop TAL with a multi-family and limited service hotel. This attached application is requesting a text amendment to the land development regulations. Therefore, a separate property-specific application would be required separate from this application. The City Code currently allows Limited-Service Hotels as a conditional use in the RMF-4 zone. Limited-Service Hotels are subject to the same 90 day maximum stay as standard hotel rooms. In order to provide flexibility for longer term hotel stays within the RMF4 District beyond the current 90 day limitation under the City Code, we are proposing an amendment is to create a new sub-category of Limited-Service Hotels, defined as an Extended Stay Hotel. The Extended Stay Hotel would have the same limitations already incorporated under the City Code for Limited-Service Hotels, with the exception that the 90 day stay limitation would be replaced with a one year maximum stay limitation, but would incorporate additional criteria and require the development to be a green building at a gold level or higher as an incentive to allow the Extended Stay Hotel. This request seeks an amendment Section 33-21 of the City Code to add a subcategory of Limited-Service Hotel as reflected on Exhibit "A" attached. Additionally, we propose Section 31-143(f)(2a)(g) be amended to allow the Extended Stay Hotel subcategory of Limited-Service Hotel as a conditional use, but MIAMI 11210154.2 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305-374.7593 f bilzin.eom Mr.Keven Klopp Land Pa Development e C g Bilzin �umberg incorporating the additional restriction of being within the RTZ and incorporating the additional requirements and incentives including a drop-off or pick-up for Freebee or a dedicated shuttle to the Aventura rail stop (Brightline/Coastal Link) in addition to developing as a green building of gold or gold equivalent. See Exhibit "B". The proposed amendment affords greater flexibility in meeting the needs of the residents and guests of the City of Aventura. Thank you for your review of the foregoing. Should you have any questions or wish to discuss the above, please do not hesitate to contact me at (305) 350-2351. Very truly yours, Brian S. Adler Attachments MIAMI 11210154.2 100992/302121 Bilzin 5utnberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 f bilzin.eom Bilzin Sumherg Exhibit A Hotel, Extended Stay is a Limited-Service Hotel for which no more than five percent of the individual hotel units shall be occupied for more than 365 continuous days by the same occupant of the hotel unit (the "duration of stay restriction"). As an incentive for allowing an Extended Stay Hotel, the development must developed in accordance with Code Section 14-115 at a level of gold or above. MIAMI 11210154.2 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 I bilzin.com Bilzin Sumherg Exhibit B Sec. 31-143 (f)(2a)(g): Limited-Service Hotel or Extended-Stay Hotel in combination with permitted multifamily residential development, where the hotel is separated from the residential use, subject to all of the following criteria: 9. An Extended-Stay Hotel must: i. Be within Miami-Dade County's Rapid Transit Zone (RTZ) and ii. provide for dropoff and pick up of the Freebee ride service or provide a dedicated shuttle to the Aventura rail stop (Brightline/Coastal Link) available at all times that trains are providing service at the station MIAMI 11210154.2 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305-374.7593 f bilzin.eom CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-21 — "DEFINITIONS", TO ADD A DEFINITION FOR "EXTENDED STAY HOTEL" AND AMENDING SECTION 31-143(F)(2A) "MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICTS (RMF4)" TO ADD "EXTENDED STAY HOTEL" TO THE LIST OF USES THAT MAY BE ESTABLISHED IN RMF4 IF FIRST APPROVED AS A CONDITIONAL USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the " City") Commission recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs; and WHEREAS, in response to the request from Brian Adler, Esquire, on behalf of Got183, LLC, the City Commission desires to amend Chapter 31, "Land Development Regulations", Section 31-21, "Definitions", and Section 31-143, "Residential Zoning Districts" of the Code of Ordinances to include a definition for "Extended Stay Hotel" that will accommodate, as a Conditional Use in RMF4 Zoning, non-traditional hotel business models that serve customers seeking extended stays (the "Proposed Amendment"); and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, The City Commission has reviewed the proposed amendment, and finds that it is in the best interest of the public to amend Sections 31-21 and 31-143 of the LDRs as set forth in this Ordinance; and WHEREAS, the City Commission has reviewed the action set forth in the ordinance and has determined that such action is consistent with the Comprehensive plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: City of Aventura Ordinance No. 2024- Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. City Code Amended. That Section 31-143 "Residential Zoning Districts" of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows' ARTICLE II. — DEFINITIONS AND RULES OF CONSTRUCTION Sec. 31-21. - DEFINITIONS Hotel, Extended Stay is a Limited-Service Hotel in which a maximum of five percent of the individual hotel units may be occupied for more than 6 continuous months by the same occupant of the hotel unit within any 1-year period (the "duration of stay restriction"). It shall constitute a violation of this duration of stay restriction to allow any person to attempt to circumvent this provision by relocating to another unit in the same hotel. An occupant may, however, renew their registration and check back into the same hotel unit commencing at the end of the previous six-month maximum stay. ARTICLE VII. - USE REGULATIONS Section 31-143 "Residential Zoning Districts" of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows2: Sec. 31-143. — Residential Zoning Districts. (f) Multifamily High Density Residential Districts (RMF4). The following regulations shall apply to all RMF4 Districts: (2a) Conditional uses. The following uses may be established if first approved as a conditional use- (9) An Extended-Stay Hotel, must: i. Be within Miami-Dade County's Rapid Transit Zone (RTZ): ii. Provide a dedicated shuttle to the Aventura rail stop (Bright[ine/Coastal Link) available at all times that trains are providing service at the station or Underlined text indicates insertions. 2 Underlined text indicates additions. Page 2 of 4 City of Aventura Ordinance No. 2024- provide funding for and a location for on-site drop-off and pick-up by the City's Freebee ride service: iii. Provide an audited annual report to the Community Development Department detailing the hotel's compliance with the duration of stay restrictions, and. iv. As an incentive for allowing an Extended Stay Hotel, the development must be developed in accordance with Code Section 14-115 at a level of gold or above. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg Page 3 of 4 City of Aventura Ordinance No. 2024- The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg PASSED on first reading this 6th day of February, 2024. PASSED AND ADOPTED on second reading this day of 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. This Ordinance was filed in the Office of the City Clerk this day of 2024. ELLISA L. HORVATH, MMC CITY CLERK Page 4 of 4