Loading...
02-20-2024 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 20, 2024 9:00 a.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 20, 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: February 6, 2024 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 31-143(F)(2a) OF THE CITY CODE OF ORDINANCES: (1) TO ALLOW A BUILDING TO CAST A SHADOW UPON PROPERTIES LOCATED WITHIN A BUSINESS ZONING DISTRICT; (2) TO ALLOW A DENSITY OF 60 DWELLING UNITS PER ACRE WHERE 45 DWELLING UNITS PER ACRE IS PERMITTED; (3) TO ALLOW A LOT COVERAGE OF 46% FOR A LEED GOLD OR PLATINUM CERTIFIED BUILDING WHERE 40% IS PERMITTED; (4) TO ALLOW A FLOOR AREA RATIO (FAR) OF 4.3 FOR A LEED GOLD OR PLATINUM CERTIFIED BUILDING, WHERE A MAXIMUM FAR OF 2.0 IS PERMITTED;AND (5)TO ALLOW A LIMITED-SERVICE HOTEL IN THE RMF4 ZONING DISTRICT IN COMBINATION WITH A MULTIFAMILY RESIDENTIAL DEVELOPMENT, 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 (4A). B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING VARIANCES FROM SECTION 31-143(F) OF THE CITY'S LAND DEVELOPMENT REGULATIONS: (1) TO ALLOW THE GROSS FLOOR AREA (GFA) OF A HOTEL TO BE 45% OF THE GFA OF THE BUILDING WHERE A MAXIMUM OF 33% IS PERMITTED; (2) TO ALLOW SEPARATION BETWEEN HOTEL AND RESIDENTIAL USES IN HORIZONTAL BLOCKS WHERE SEPARATION BY VERTICAL BLOCKS IS REQUIRED; AND (3) TO ALLOW FOR A SHARED DRIVEWAY FOR RESIDENTIAL AND HOTEL USES WHERE SEPARATE DRIVEWAY ENTRANCE/EXIT ARE REQUIRED, FOR THE PROPERTY LOCATED AT 2785 NE 183 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). 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 16, 2024 SUBJECT: Approval of Minutes February 20, 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 meeting 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: • February 6, 2024 Local Planning Agency Meeting Should you have any questions, please contact me. /elh attachment • CITY OF AVENTURA LOCAL PLANNING AGENCY MEETING MINUTES FEBRUARY 6, 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 6:08 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 DSAHS student Saniya Dhawan. 3. APPROVAL OF MINUTES (January 9, 2024): A motion to approve the minutes of the January 9, 2024 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 ORDINANCE: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-21 - "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. A motion to recommend adoption of the Ordinance was offered by Commissioner Friedland and seconded by Commissioner Bloom. City of Aventura Local Planning Agency Meeting Minutes February 6, 2024 Community Development Director Keven Klopp entered the staff report into the record, which recommended approval, and reviewed the item including the current Code and the addition of a new category pursuant to the Applicant's request, which may potentially affect other sites. The following provided comments on behalf of the Applicant (Brian S. Adler, Esq. — Bilzin Sumberg, on behalf of Got 183 LLC): Matthew Rosenblatt (3802 NE 207 Street, South Tower, Unit 2803, Aventura) and Brian S. Adler, Esq. — Bilzin Sumberg (1450 Brickell Avenue, Suite 2300, Miami). The City Commission discussed the item including the following: staff recommendation of the language as presented, difference in hotel units versus apartment units, no other hotels in Florida allowing a 1-year hotel stay, how the 6-month extended stay process would work, concerns regarding exemptions from the hotel tax for stays over 6 months and its use as a way to circumvent the tax system, concerns regarding residency being declared at the hotel for purposes of enrollment at the City's charter schools, and concerns regarding additional density on the site and its effect on the Live Local Act, and providing language that extended-stay hotel units would be obligated to pay resort tax if doing so wouldn't violate state law, etc. Mr. Meyers clarified that a written agreement would be needed for the exemption to apply, the proposed ordinance would not impact density or Floor Area Ratio (FAR), the change in the Code would not be site specific, the need to check the statute regarding the hotel tax, and waiting for the language in the proposed Florida Senate Bill 154 (The Condominium Safety Legislation Glitch Bill) to see what items that would clarify. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The motion to recommend adoption of the Ordinance passed (6-1) by roll call vote, with Mayor Weinberg voting no. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, a motion to adjourn was offered by Vice Mayor Kruss, seconded by Commissioner Bloom, and unanimously passed; thereby adjourning the meeting at 7.20 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on February 20, 2024. Page 2 of 2 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Keven R. Klopp, Community Development Director Ire DATE: February 16, 2024 SUBJECT: Request for Conditional Use Approvals for a Residential Development Combined with a Limited-Service Hotel at the Property Situated at 2785 NE 183 Street ("Tal Aventura" — CUP2401-0001) February 20, 2024 Local Planning Agency Meeting Agenda February 20, 2024 City Commission Special Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the Conditional Use requests necessary to permit the multifamily residential development in combination with limited- service hotel known as Tal Aventura pursuant to Section 31-143 (f)(2a) of the City of Aventura Code of Ordinances. THE REQUEST The applicant, Brian S. Adler, Esq., from Bilzin Sumberg, on behalf of Got183, LLC, is requesting (1) Conditional Use approval pursuant to Section 31-143(f)(2a)c of the Land Development Regulations of the City of Aventura (the "LDRs") to allow a building to cast a shadow upon properties located within a Business Zoning District; (2) Conditional Use approval pursuant to Section 31-143(f)(2a)d of the LDRs to allow a density of 60 dwelling units per acre, where 45 dwelling units per acre is permitted; (3) Conditional Use approval pursuant to Section 31-143(f)(2a)e to allow a lot coverage of 46%where 40% is permitted for buildings that attain LEEDO Gold or Platinum certification as provided in article VI of chapter 14 of the City Code, provided that a green roof and/or green rooftop amenities are provided and maintained for the common benefit of building occupants and that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage; (4) Conditional Use approval pursuant to Section 31-143(f)(2a)f of the LDRs to allow a Floor Area Ratio ("FAR") of 4.3 for a LEED Gold or Platinum certified building, where a maximum FAR of 2.0 is permitted; and (5) Conditional Use approval pursuant to Section 31-143(f)(2a)g to permit a limited-service hotel in combination with a multifamily residential development for the property known as Tal Aventura. The applicant's Letter of Intent is attached as Exhibit #1 to this report. BACKGROUND OWNER OF PROPERTY: Got183, LLC NAME OF APPLICANT Brian S. Adler, Esq. Bilzin Sumberg LOCATION OF PROPERTY 2785 NE 183 Street Fol io(s): 28-2203-000-0273 28-2203-000-0259 See Exhibit #2 for Location Map SIZE OF PROPERTY 1.553 acres +/- See Exhibit #3 for Legal Description The Site The property consists of an L-shaped parcel of approximately 1.553 acres located on the north side of NE 183 Street, in the area east of Biscayne Boulevard and situated further east of NE 27 Avenue. The Project The project consists of a 21-story tower of north-south orientation with outdoor amenities on the northeastern leg of the parcel. The building's pedestal will feature on the ground level separate hotel and residential lobby areas; and above, 453 parking spaces are to be distributed over six levels of screened garage. The tower, of reduced footprint, will dedicate levels 8t" to 14t" to the hotel rooms and amenities, while 93 residential units of 1 to 3 bedrooms will be distributed from the 15t" to 21 st floors. Outdoor amenities on ground level feature a basketball court, a swimming pool and cabanas. See Exhibit #4 for proposed development. ANALYSIS Future Land Use Designation Subject Property: Medium-High Density Residential Property to the North: Business and Office Property to the South: Medium-High Density Residential Property to the East: Medium-High Density Residential Property to the West: Business and Office 2 Zoning Subject Property: Multi-Family High Density Residential (RMF4) Properties to the West: Multi-Family High Density Residential (RMF4) Properties to the East: Multi-Family High Density Residential (RMF4) Properties to the North: Community Business District (B2) Properties to the South: Multi-Family High Density Residential (RMF4) Existing Land Use Subject property: Vacant Properties to the North: Retirement Home Properties to the South: Multi-Family Residential Properties to the East: Multi-Family Residential Properties to the West: Retirement Home Access — The property is accessible from NE 183 Street. Standards for Review -The following is staff's evaluation of the proposed use using the criteria for approval of conditional uses found in Section 31-73(c) of the City's Land Development Regulations. 1. The proposed use shall be consistent with the Comprehensive Plan. The proposed use is consistent with the City of Aventura Comprehensive Plan. The future land use designation for this parcel is Medium-High Density Residential, and this category allows a maximum density of 60 dwelling units per acre. A limited- service hotel combined with a multifamily residential development is an allowed housing structure on this land use category. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The proposed use is a residential development with a limited-service hotel. The maintenance and operation of the uses will be in accordance with the City Code and similar to other residential developments and limited-service hotels. The proposed uses will not endanger the public health, safety, or general welfare. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The surrounding properties include parcels of similar densities or greater. The proposed use is consistent and compatible with the zoning on the surrounding areas and with the existing surrounding uses. The development is consistent with community character of the residential condominiums in the immediate neighborhood. 3 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. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the City's Land Development Regulations. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. As part of the conditional use approval, the Applicant is required to provide transportation demand management strategies to reduce the impact of the development and to reduce adverse effects to the overall transportation network. The Applicant will also provide any right-of-way improvements appropriate to the Property. Ingress and egress will be provided 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 surrounding properties are all developed and thus development of the Property in accordance with the conditional use approval will not impede development of the already developed properties. Further, even if the adjacent properties were vacant or to be redeveloped, the proposed development with the conditional uses does not impede development of the surrounding properties. 7. The design of the proposed use shall minimize adverse effects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed development has been carefully designed to minimize impact on the adjacent properties. The proposed ground level amenities area that backs up to the townhomes, will feature attractive green space and other at grade amenities. The property frontage is landscaped to beautify the street and the angle of the proposed structure also has been specifically designed to limit the impact on adjacent properties. In addition, the proposed building is designed to comply with Green Building standards. Public Hearing Notice - Notice of this public hearing has been published, posted and mailed in accordance with Section 31-71(e) of the City Code. Citizen Comments - The Community Development Department has received several communications from residents requesting plans, expressing concerns regarding the 4 impact of the development on adjacent properties, and objections based on the anticipated increase in traffic. RECOMMENDED CONDITIONS OF APPROVAL 1. Building permits must be consistent with drawings dated January 26, 2024, and listed in Exhibit 4, unless otherwise subsequently amended by an administrative site plan approval. 2. Prior to receiving permits for any permanent structure, obtain Miami-Dade County Schools' issuance of a finding that School Concurrency has been met and pay applicable School Impact Fees. 3. A Public Works permit must be submitted for any required improvements within the City's right of way prior to permitting. 4. A public sidewalk along the entire NE 183 Street frontage of the project must be constructed as part of the project. This requirement cannot be waived or modified administratively. 5. Transportation demand management strategies to reduce the impact of the development and to reduce adverse effects to the overall transportation network must be established and approved by the City Manager prior to site plan approval. 6. Fire Department must provide approval during site plan review. 7. The Conditions of approval for the original TAL project approved by Resolution 2022-60 are also conditions of approval for this Conditional Use. They are as follows: a. Mitigation of negative traffic impacts created by the proposed development, as determined necessary by the full traffic study, following the methodology that has been reviewed and approved by the City and its traffic engineer, subject to the approval of the City Manager and Miami-Dade County. b. Contribution toward the expansion of the City's Freebee circulator service (or similar City sponsored transportation service) in the amount of$72,000 per year for five (5) years with the first payment due upon the issuance of the Temporary Certificate of Occupancy for the project, with each of the following annual payments due on the anniversary date of the first payment. c. Payment of City impact fees associated with the development prior to permit issuance. Fees will be calculated at permit issuance. d. A ride sharing, valet, and transit accommodation plan acceptable to the Community Development Director shall be provided prior to site plan approval. e. A bicycle parking plan and bicycle storage accommodations acceptable to the Community Development Director shall be provided prior to site plan approval. 5 DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-7B589E1 3840A Bilzin Sumberg Brian S.Adler, Esq. al 305.350.2351 Fax 305.351.2206 badler(a)bilzin.com January 25, 2024 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 Conditional Use Approval and Variances 2785 NE 183rd Street, Aventura, Florida Folio Numbers 28-2203-000-0250 and -0273 (the "Property") Dear Mr. Klopp: This firm represents Got183 LLC (the "Applicant"), the contract purchaser of the above Property. Please consider this our letter of intent in connection with an application for conditional use approval and associated variances as they relate to the proposed development on the Property for a multi-family residential development with a limited- service hotel. A. The Property and Background The Property consists of approximately 1 .55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. The Property is currently designated Medium-Density Residential on the Future Land Use Map and is currently zoned RMF4. While the Property was under the jurisdiction of Miami-Dade County, the Property was originally approved for an exhibition center and surface parking, and most recently housed the Biscayne Rehabilitation Institute. All structures on the Property have been demolished and the land currently remains vacant and underutilized. The Property is located within Miami-Dade County's SMART Plan Corridor Buffer Area and in the Rapid Transit Zone "RTZ" and is located within one-quarter mile of Biscayne Boulevard. MIAMI 11217043.1 100992/302121 DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-713589E13840A Mr. Keven Klopp Page 25, 2024 e 5 Bilzin Sumberg Pursuant to Resolution No. 2022-60, the City granted conditional use approval to permit the following on the Property in connection with a multi-family residential development: (1) A height of 26 stories and 295 feet; (2) A building in the RMF4 District to cast a shadow upon a property located in a business zoning district; (3) A density of 56 units per acre (86 units); and (4) A Certified Green Building with a floor area ratio of 4.3. Our client is seeking conditional use approval of a modified development program that does not add any square footage to the proposed development on the Property above what was previously approved, and at a density consistent with both the City's Comprehensive Plan and zoning regulations. The proposed modified development program provides for a height of 50 feet lower than currently approved, and a density of 60 units per acre (93 units) along with a limited- service hotel, with the same or lower FAR than currently approved. As detailed further below, the development is consistent with both the goals and policies of the City's Comprehensive Plan and with the RTZ regulations. The City's Comprehensive Plan allows a maximum of 93 units on the Property as well as the limited- service hotel in the Medium-High Density residential category. Comprehensive Plan Policy 4.4 of Objective 4 of the Transportation Goal identifies the need for higher density residential areas to be located near transit service areas. Additionally, the Transportation Goal on Page 37 of the Comprehensive Plan identifies the promotion of public transit as a Transportation Goal. A County bus route runs along Biscayne Boulevard and the Aventura Brightline Station is located just west of Biscayne Boulevard. Additionally, numerous articles and studies highlight the shortage of housing in Florida, including South Florida and the continued need for housing, in part due to the influx of new residents to the state. B. Proposed Development Attached are conceptual plans for development that our client is presenting for conditional use approval. Known for their forward thinking and innovative designs, Idea Architects has taken advantage of the unique L-shape parcel by locating the tennis courts and pool amenities on the northeastern leg of the Property. The building itself has a MIAMI 11217043.1 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickeil Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-713589E13840A Mr. Keven Klopp JanuPage 2024 e 5 Bilzin Sumberg podium composed of seven levels of parking with an amenities deck on the eighth floor. The 224 hotel units are located on the ninth through sixteenth floors, with the residential units on floors 17 through 25. The building is capped off by a restaurant with a rooftop deck on the twenty-sixth floor. C. Conditional Use Requests The proposed development complies with the height, FAR, and permission to cast a shadow granted as part of the conditional use approval in Resolution No. 2022-60. However, the proposed development requires new conditional use approvals for (1) the proposed hotel use, (2) the density, and the (3) lot coverage. Accordingly, the Applicant is seeking the following conditional use approvals: (i) Conditional Use Approval per Section 31-143(f)(2a)(c) to allow a building in the RMF4 district to cast a shadow upon a property located within a business zoning district (as previously approved as part of the current conditional use approval); (ii) Conditional Use Approval per Section 31-143(f)(2a)(d) to allow a density of 60 units per acre where 45 units per acre is permitted as-of-right and up to 60 dwelling units per acre is permitted via conditional use approval (currently approved at 56 units per acre); (iii)Conditional Use Approval per Section 31-143(f)(2a)(f) related to green buildings, to permit a floor area ratio (FAR) of 4.30 with a green building (also currently approved at 4.3); (iv)Conditional Use Approval per Section 31-143(f)(2a)(e) related to green buildings, to allow a lot coverages of 46% where 40% is permitted as-of-right; and (v) Conditional Use Approval per Section 31-143(f)(2a)(g) to allow a Limited- Service Hotel in combination with a permitted multifamily residential development. D. The Proposed Conditional Uses Meet the Standards Set Forth Under City Code Section 31-73(c) In accordance with City of Aventura Code Section 31-73(c), the above requests for conditional use approval meets the criteria for approval as described below: 1 . The proposed use shall be consistent with the Comprehensive Plan. MIAMI 11217043.1 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickeil Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-713589E13840A Mr. Keven Klopp JanuPage 25, 2024 e 5 Bilzin Sumberg The proposed development complies with the maximum density permitted by the proposed Comprehensive Plan designation (60 units per acre). The proposed limited- service hotel use also complies with the Medium-High Density designation on page 17 of the City's Comprehensive Plan. Further, the development has been designed such that the portion of the "L"-shaped Property backing up to the townhouses to the north (which are designated RMF4), will feature an attractive and green space with amenities courts, swimming pool, and serene views from all sides, with the larger portion of the developed Property to be adjacent to adjacent other taller buildings. Therefore, appropriate transitions and buffers with the surrounding neighborhood has been provided, and the impacts of the proposed development are far less than the previous use or the otherwise permitted use under the current comprehensive plan and zoning designations. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use is a residential development with a limited-service hotel. The maintenance and operation of the uses will be in accordance with the City Code and similar to other residential developments and limited-service hotels. The proposed uses will not endanger the public health, safety, or general welfare. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. As described above and further below, the surrounding properties include parcels of similar densities or greater. The proposed use is consistent and compatible with the zoning on the surrounding areas and with the existing surrounding uses. The RMF4 designation abuts the Property to the east, north, and northeast, as well as the properties directly across NE 183rd Street. The development is consistent with community character of the residential condominiums in the immediate neighborhood, many of which were built in the 1970's. For example, Commodore Plaza development directly across from the Property was built in 1971 , at approximately 30 stories has a density of over 75 units per acre. Similarly, Admirals Port abutting the Property to the east was built in 1974 was developed at 22 stories with approximately 90 dwelling units per acre. Therefore, the proposed development is not out of character with the immediate neighborhood. 4. Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted level of service, or will be available concurrent with demand as provided for in the requirements of these LDRs. Roadway capacity, utilities, drainage and other public facilities are addressed through the building permit process to ensure compliance with the City Code and level of service requirements. MIAMI 11217043.1 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickeil Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-713589E13840A Mr. Keeen Klopp JanuPage 5 25, 2024 5 Bilzin Sumberg 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. As part of the conditional use approval, the Applicant is required to provide transportation demand management strategies to reduce the impact of the development and to reduce adverse effects to the overall transportation network. The Applicant will also provide any right-of-way improvements appropriate to the Property. Ingress and egress will be provided 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 surrounding properties are all developed and thus development of the Property in accordance with the conditional use approval will not impede development of the already developed properties. Further, even if the adjacent properties were vacant or to be redeveloped, the proposed development with the conditional uses does not impede development of the surrounding properties. 7. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property for use of building orientation, setbacks, buffers, landscaping and other design criteria. As noted above, the proposed development has been carefully designed to minimize impact on the adjacent properties. The proposed ground level amenities area that backs up to the townhomes, features attractive green space and other at grade amenities. The property frontage is landscaped to beautify the street, and the unique design of the proposed is structure facilities the flow of air and light. The angle of the proposed structure also has been specifically designed to limit the impact on adjacent properties. E. Variance Requests As noted above, the Property meets many of the criteria associated with a limited- service hotel (including the minimum room size requirement, the sharing of at least two sides with a lot line with the B2 District, restaurant uses are accessory uses, and not more than 10% of the gross floor area is dedicated to hotel amenities). However, the Applicant is requesting relaxation of certain requirements as follows: (i) To allow for hotel rooms to be located in horizontal blocks of rooms where vertical blocks of rooms are required per Section 31-143(f)(2a)(g)(6); (ii) To allow for a shared exit driveway for residential and hotel use, where separate driveway entrance/exit and lobbies are required per Section 31- 143(f)(2a)(g)(7); MIAMI 11217043.1 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickeil Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-713589E13840A Mr. Keven Klopp Pa January 25, 2024e 5 hilzin Sumberg (iii) To waive the limitation on the percentage of the building area utilized for hotels, to allow 45% where 33% of the gross floor area of the building is permitted per Section 31-143(f)(2a)(g)(4); and F. The Requested Variances Meet the Standards Set Forth Under City Code Section 31-76(e) The requested variances comply with the standards of review pursuant to Section 31-76(e), as follows: 1 . The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The Property is L-shaped and abuts both residential and business zoned properties, but has frontage only along one right-of-way, NE 183rd Street. The Property essentially serves a transition property from the 132-zoned parcels located north and west of the Property to the RMF4 parcels located to the south, north and east of the Property. These conditions result in a hardship, which make it difficult to comply with the zoning regulations if carried out literally. The proposed development is designed with particular sensitivity towards the existing residential development east of the Property. Accordingly, an additional driveway (which would comply with the requirements of the Code) on the portion of the Property that abuts the existing residential developments on RMF4-zoned properties would be inappropriate. Similarly, both the additional loading space and the creation of vertical blocks of hotel rooms is not realistic on this irregular-shaped Property and in order to realize both uses, the blocks of hotel rooms must integrate residential uses as well. Rather than horizontal separation, the hotel rooms are vertically separated, thus meeting the intent of the Code. Further, the limitation on the percentage of hotel use is not achievable due to the hardships presented by the shape of the Property and the surrounding uses. 2. The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. Due to the Property's irregular shape and the existing surrounding uses, the basis for the requested variances is unique to the parcel and is not generally applicable to other parcels within the vicinity. 3. The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. MIAMI 11217043.1 100992/302121 Bilzin Sumberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7S93 I hilzin.com DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-713589E13840A Mr. Keven Klopp JanuPage 25, 2024 e 5 hilzin Sumberg The proposed uses as a multifamily residential and associated limited-service hotel are consistent with the land development regulations and the hardship is not economic. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance will not be detrimental to the public welfare. In fact, not requiring an additional curb cut and driveway near the existing surrounding residential uses will help limit traffic disruption and protect the surrounding residential uses. Additionally, the other requested variances will not be injurious to other parcels in the vicinity as the deviations will be unperceivable from neighboring properties. 5. The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The granting of the proposed variances will decrease the congestion in the public streets as compared to the literal application of the Code, especially when it comes to the requirement for a separate driveway for the two uses. Additionally, they will not increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the vicinity. Thank you for your attention to the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351 . Very truly yours, Brian S. Adler CC: Lauren L. Kahn MIAMI 11217043.1 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickeil Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com EXHIBIT#2 LOCATION MAP SW 1st St m SW 2nd St S. Hallandale �P�isIe5o` Gulfstream A Park Golden Isles 3 A1A rD Sun Swept— _� Holiday Dr Isles 1 I 1 NE213thSt z 1 rn 1 1 w 1 1 � I 1 s I D Aventura < o 1 -C > Highland Oaks I N Co 1 v m P�c 1 un try Clu b Dr 1 C° \ 1 2 v 1 1 1 :2O 1 1 i7 m 1 I N 1 1 s 1 th St 1 1 199 / N� Don Soffer / 1 / Exercise Trail 1 1 /.olden Beach Aventura Mall Aventura I �e ma n CsWy_ — W\\\\am 1 1 / 1 NE 190th S' NE 186th Stfir� / / 783rd St / ynolds Park m P"rit8ast�� NE 171st St NE 170th St = z 1 NE 169th St v I MKfu l e I i ake Intracoastal Municipal Zone-RMF4 Multi-Family High Density Residential Mall .........: 826 ........ Subject Property 1__1 Aventura Municipal Boundary Pti1 City ®f 1/31/2024 -O 10.55 2 Aventur" � � 0 0.28 0.55 1.1 mi Government Center ,P� o 19200 West Country Club Drive 0 0.42 0.85 1.7 km d� Aventura,Florida 33180 EXHIBIT"A" LEGAL DESCRIPTION PARCEL 1: (EXHIBITION CENTER) A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHTANGLES TO THE LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42 FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR 281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEETTO THE POINT OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: (PARKING LOT) A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56 SECONDS FOR AN ARC DISTANCE 202.15 FEETTO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57 MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. 1W0627158.11 03 -9 bZOZ-9Z-10 N91S3a ivnld33NOO : �o3 a3nssl U§ Nco &� �6 g• r 2 096££�3 'H2in1N3AV'1332JiS ab£8l 3N 58LZ m� SW0021 1310H VZZ V SOONOO £6 - `d 21 fl 1 N 3 n`d I VI N; a; m Q`� J ssAi e � x ¢ w V ¢ o ¢ Z X ¢ Z H 0 Z 21 Z x > U o Z Z Z Z Z Z a r p ¢p V' Q 0 = 5 z a ? z 0.z z z z z w w a ¢ 3 5 5 3 5 5 5 g 0 Q z z z ¢ - 3 'o g s a o o o 0 0 o N g o a w a w o 0 0 0 0 0 0 0 w o ¢ a a a a u n ❑ z � w o � o w � � o 0 0 0 0 0 0 � w ry a d a d a _ z � H o ~ O O < O w w w w w w w w w w o 0 O z0 0 0 a ¢ V' � U l7 - - - - - - - - - - m Wo 0 0 0a 0a 0x 0 0 0 0 0 a a a a a a a a a a0 0�an n0a a0o 0 - - lo o o I v !- - 0 182 NL-Llo �o o. W z W � � � W � > o y a ry, aLn 00 rl �a 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 31-143(F)(2a) OF THE CITY CODE OF ORDINANCES: (1) TO ALLOW A BUILDING TO CAST A SHADOW UPON PROPERTIES LOCATED WITHIN A BUSINESS ZONING DISTRICT; (2) TO ALLOW A DENSITY OF 60 DWELLING UNITS PER ACRE WHERE 45 DWELLING UNITS PER ACRE IS PERMITTED; (3) TO ALLOW A LOT COVERAGE OF 46% FOR A LEED GOLD OR PLATINUM CERTIFIED BUILDING WHERE 40% IS PERMITTED; (4) TO ALLOW A FLOOR AREA RATIO (FAR) OF 4.3 FOR A LEED GOLD OR PLATINUM CERTIFIED BUILDING, WHERE A MAXIMUM FAR OF 2.0 IS PERMITTED; AND (5) TO ALLOW A LIMITED-SERVICE HOTEL IN THE RMF4 ZONING DISTRICT IN COMBINATION WITH A MULTIFAMILY RESIDENTIAL DEVELOPMENT, FOR THE PROPERTY LOCATED AT 2785 NE 183 STREET; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31, "Land Development Regulations," Article VII, Use Regulations, Section 31-143(f) "Multifamily High Density Residential Districts (RMF4)" of the City Code of Ordinances, the applicant, Brian S. Adler, Esq., on behalf of GOT183 LLC, has applied to the City of Aventura (the"City")for Conditional Use Approval (Application No. CUP2401-0001) related to the development of a multi-family residential project combined with a limited-service hotel (the "Development") located at 2785 NE 183 Street, in the RMF4 District, as legally described in Exhibit "A" (the "Property"); and WHEREAS, pursuant to City Code Section 31-143(f)(2a)(c), the applicant has requested Conditional Use Approval for a 21-story building to cast a shadow upon a property located within a business zoning district; and WHEREAS, pursuant to City Code Section 31-143(f)(2a)(d), the applicant has requested Conditional Use Approval to allow a density of 60 units per acre, where the city code permits 45 units per acre; and WHEREAS, pursuant to City Code Section 31-143(f)(2a)(e), the applicant has requested Conditional Use Approval to allow a Certified Green Building with an increased lot coverage of 46%, where the City Code permits a maximum lot coverage of 40%; and WHEREAS, pursuant to City Code Section 31-143(f)(2a)(f), the applicant has requested Conditional Use Approval to allow a Certified Green Building with a floor area ratio of 4.3, where the City Code permits a floor area ratio of 2.0; and City of Aventura Resolution No. 2024- WHEREAS, pursuant to City Code Section 31-143(f)(2a)(g), the applicant has requested Conditional Use Approval to permit a limited-service hotel in combination with a multifamily residential development; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein, and it is in the best interest of the City to grant the request for Conditional Use Approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. The application for Conditional Use to allow: (1) a building in the RMF4 District to cast a shadow upon a property located within a business zoning district; (2) a density of 60 units per acre, where the City Code permits 45 units per acre; (3) a certified green building with a lot coverage of 46%, where the City Code permits a maximum lot coverage of 40%, and (4) a certified green building with a floor area ratio of 4.3, where the City Code permits a floor area ratio of 2.0 is hereby granted, subject to the conditions set out in Section 3 of this Resolution. Section 3. Approval of the application above is subject to the following conditions- 1. Building permits must be consistent with drawings dated January 26, 2024, and listed in Exhibit 4, unless otherwise subsequently amended by an administrative site plan approval. 2. Prior to receiving permits for any permanent structure, obtain Miami-Dade County Schools' issuance of a finding that School Concurrency has been met and pay applicable School Impact Fees. 3. A Public Works permit must be submitted for any required improvements within the City's right of way prior to permitting. 4. A public sidewalk along the entire NE183 Street frontage of the project must be constructed as part of the project. This requirement cannot be waived or modified administratively. 5. Transportation demand management strategies to reduce the impact of the development and to reduce adverse effects to the overall transportation network Page 2 of 5 City of Aventura Resolution No. 2024- must be established and approved by the City Manager prior to site plan approval. 6. The Fire Department must provide approval during site plan review. 7. The Conditions of approval for the original TAL project approved by Resolution 2022-60 are also conditions of approval for this Conditional Use. They are as follows: a. Mitigation of negative traffic impacts created by the proposed development, as determined necessary by the full traffic study, following the methodology that has been reviewed and approved by the City and its traffic engineer, subject to the approval of the City Manager and Miami-Dade County. b. Contribution toward the expansion of the City's Freebee circulator service (or similar City sponsored transportation service) in the amount of$72,000 per year for five (5) years with the first payment due upon the issuance of the Temporary Certificate of Occupancy for the project, with each of the following annual payments due on the anniversary date of the first payment. c. Payment of City impact fees associated with the development prior to permit issuance. Fees will be calculated at permit issuance. d. A ride sharing, valet, and transit accommodation plan acceptable to the Community Development Director shall be provided prior to site plan approval. e. A bicycle parking plan and bicycle storage accommodations acceptable to the Community Development Director shall be provided prior to site plan approval. Section 4. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 5. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 6. This Resolution shall become effective immediately upon its adoption. Page 3 of 5 City of Aventura Resolution No. 2024- 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 20t" day of February, 2024. HOWARD S. WEINBERG, ESQ. ATTEST: MAYOR ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 4 of 5 City of Aventura Resolution No. 2024- EXHIBIT"A" LEGAL DESCRIPTION PARCEL 1: (EXHIBITION CENTER) A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42 FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF,AS MEASURED AT RIGHT ANGLES TO,THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR 281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEETTO THE POINT OF BEGINNING,ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: (PARKING LOT) A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE;THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56 SECONDS FOR AN ARC DISTANCE 202.15 FEET TO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57 MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO,THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING,ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission 1-4- FROM- Ronald J. Wasson, City Manager (Z�_L BY: Keven R. Klopp, Community Development Director DATE: February 16, 2024 SUBJECT: Variances Requested for the Development of a Residential Building Combined with a Limited-Service Hotel for the Property Situated at 2785 NE 183 Street ("Tal Aventura" —VAR2401-0001) February 20, 2024 Local Planning Agency Meeting Agenda February 20, 2024 City Commission Special Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the variances request to facilitate the residential development combined with a limited-service hotel known as Tal Aventura on land located at 2785 NE 183 Street. THE REQUEST The applicant, Brian S. Adler, Esq., from Bilzin Sumberg, on behalf Got183 LLC (the "Applicant"), is requesting a variance from Section 31-143(f)(2a)(g)(4) to allow the gross floor area (GFA) of the hotel use to be 45% of the GFA of the building, where a maximum of 33% is permitted; a variance from Section 31-143(f)(2a)(g)(6) to allow the hotel rooms and residential units to be located in separate horizontal blocks, where separation in vertical blocks is required; and a variance from Section 31-143(f)(2a)(g)(7) to allow a shared driveway for residential and hotel uses where separate driveway entrance/exit are required, all for Tal Aventura (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY Got183, LLC APPLICANT Brian S. Adler, Esq. Bilzin Sumberg ADDRESS OF PROPERTY 2785 NE 183 Street Fol io(s): 28-2203-000-0273 28-2203-000-0259 See Exhibit #2 for Location Map SIZE OF PROPERTY Approximately 1.553 acres (see Exhibit #3 for Legal Description) Zoning — Subject Property: RMF4 - Multifamily High Density Residential Properties to the North: RMF4 - Multifamily High Density Residential B2 — Community Business District Properties to the South: RMF4 - Multifamily High Density Residential Properties to the East: RMF4 - Multifamily High Density Residential Properties to the West: B2 — Community Business District Existing Land Use — Subject Property: Vacant Land Properties to the North: Residential - Townhomes Residential - Retirement Homes Properties to the South: Residential - Condominium Properties to the East: Residential - Condominium Residential - Townhomes Properties to the West: Residential - Retirement Homes Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are designated as follows: Subject property: Medium-High Density Residential Property to the North: Medium-High Density Residential Business and Office Property to the South: Medium-High Density Residential Property to the East: Medium-High Density Residential Property to the West: Business and Office The Site - The property consists of an L-shaped parcel of approximately 1.553 acres located on the north side of NE 183 Street, in the area east of Biscayne Boulevard and situated further east of NE 27 Avenue. The Project - The applicant submitted conceptual drawings for the construction of a 21- story, LEED gold or platinum certified building, with 93 residential units and 224 hotel rooms (Exhibit #4). The City's Land Development Regulations allow the combination of multi-family residential developments with limited-service hotels if first approved as a Conditional Use and subject to specific criteria detailed in Section 31-143(f)(2a)(g), sub- 2 sections 1 through 8. Under these sub-sections, Tal's location qualifies (1) the proposed development shares two sides of the property, at least partially, with a property zoned Community Business (132). In addition, the criteria for (2) accessory uses, (3) amenities, and (5) hotel room floor areas are also met. The Applicant will be required to provide transportation demand management strategies and right of way improvements appropriate to the property in order to comply with sub-section (8). The Applicant is requesting variances from the specific requirements of sub-section (4) to allow the gross floor area (GFA) of the hotel use to be 45% of the GFA of the building, where a maximum of 33% is permitted; sub-section (6) to allow the hotel rooms and residential units to be located in separate horizontal blocks, where separation in vertical blocks is required; and sub-section (7) to allow a shared driveway for residential and hotel uses where separate driveway entrance/exit are required. Concurrent with this variance request, the applicant is requesting conditional use approval to establish the limited-service hotel; to allow a building to cast a shadow upon properties located within a Business Zoning District; to allow a density of 60 dwelling units per acre where 45 dwelling units per acre is permitted; and, to allow a lot coverage of 46% where 40% is required and a FAR of 4.3 where 2.0 is the maximum permitted. The project is eligible for the FAR request pursuant to the City's Green Building program. (City File No. CU P2401-0001). ANALYSIS Citizen Comments — Notices were mailed and the property was posted as required by City Code. The Community Development Department has received several communications from residents requesting plans, expressing concerns of the impact of the development on adjacent properties, and an objection based on anticipated increase in traffic. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation state: Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The Property is L-shaped and abuts both residential and business zoned properties, but has frontage only along one right-of-way, NE 183rd Street. The proposed development is designed with particular sensitivity towards the existing residential development east of 3 the Property. Rather than horizontal separation, the hotel rooms are vertically separated, thus meeting the intent of the Code. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. Due to the Property's irregular shape and the existing surrounding uses, the basis for the requested variances is unique to the parcel and is not generally applicable to other parcels within the vicinity. (3) The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The applicant's difficulty or hardship is not economic in nature and has not been deliberately created by the applicant. The specific requirements for the use are not feasible due to topographic constraints, not economic in nature. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance will not be detrimental to the public welfare and will not be injurious to other parcels in the vicinity; the variances requested are based on design requirements not perceived from neighborhood properties. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The granting of the proposed variances will decrease the congestion in the public streets as compared to the literal application of the Code when it comes to the requirement for a separate driveway for the two uses. Additionally, they will not increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the vicinity. CONDITIONS OF APPROVAL It is recommended that the request for variances be granted subject to the following conditions: ■ Plans shall substantially comply with those submitted as follows: Tal Aventura - Conceptual Design, prepared by idea Architect on 01/26/2024; Sheets A-000 to A-022. 4 DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-7B589E1 3840A Bilzin Sumberg Brian S.Adler, Esq. al 305.350.2351 Fax 305.351.2206 badler(a)bilzin.com January 25, 2024 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 Conditional Use Approval and Variances 2785 NE 183rd Street, Aventura, Florida Folio Numbers 28-2203-000-0250 and -0273 (the "Property") Dear Mr. Klopp: This firm represents Got183 LLC (the "Applicant"), the contract purchaser of the above Property. Please consider this our letter of intent in connection with an application for conditional use approval and associated variances as they relate to the proposed development on the Property for a multi-family residential development with a limited- service hotel. A. The Property and Background The Property consists of approximately 1 .55 acres located on NE 183rd Street, in the area east of Biscayne Boulevard, situated further east of NE 27t" Avenue. The Property is currently designated Medium-Density Residential on the Future Land Use Map and is currently zoned RMF4. While the Property was under the jurisdiction of Miami-Dade County, the Property was originally approved for an exhibition center and surface parking, and most recently housed the Biscayne Rehabilitation Institute. All structures on the Property have been demolished and the land currently remains vacant and underutilized. The Property is located within Miami-Dade County's SMART Plan Corridor Buffer Area and in the Rapid Transit Zone "RTZ" and is located within one-quarter mile of Biscayne Boulevard. MIAMI 11217043.1 100992/302121 DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-713589E13840A Mr. Keven Klopp Page 25, 2024 e 5 Bilzin Sumberg Pursuant to Resolution No. 2022-60, the City granted conditional use approval to permit the following on the Property in connection with a multi-family residential development: (1) A height of 26 stories and 295 feet; (2) A building in the RMF4 District to cast a shadow upon a property located in a business zoning district; (3) A density of 56 units per acre (86 units); and (4) A Certified Green Building with a floor area ratio of 4.3. Our client is seeking conditional use approval of a modified development program that does not add any square footage to the proposed development on the Property above what was previously approved, and at a density consistent with both the City's Comprehensive Plan and zoning regulations. The proposed modified development program provides for a height of 50 feet lower than currently approved, and a density of 60 units per acre (93 units) along with a limited- service hotel, with the same or lower FAR than currently approved. As detailed further below, the development is consistent with both the goals and policies of the City's Comprehensive Plan and with the RTZ regulations. The City's Comprehensive Plan allows a maximum of 93 units on the Property as well as the limited- service hotel in the Medium-High Density residential category. Comprehensive Plan Policy 4.4 of Objective 4 of the Transportation Goal identifies the need for higher density residential areas to be located near transit service areas. Additionally, the Transportation Goal on Page 37 of the Comprehensive Plan identifies the promotion of public transit as a Transportation Goal. A County bus route runs along Biscayne Boulevard and the Aventura Brightline Station is located just west of Biscayne Boulevard. Additionally, numerous articles and studies highlight the shortage of housing in Florida, including South Florida and the continued need for housing, in part due to the influx of new residents to the state. B. Proposed Development Attached are conceptual plans for development that our client is presenting for conditional use approval. Known for their forward thinking and innovative designs, Idea Architects has taken advantage of the unique L-shape parcel by locating the tennis courts and pool amenities on the northeastern leg of the Property. The building itself has a MIAMI 11217043.1 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickeil Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-713589E13840A Mr. Keven Klopp JanuPage 2024 e 5 Bilzin Sumberg podium composed of seven levels of parking with an amenities deck on the eighth floor. The 224 hotel units are located on the ninth through sixteenth floors, with the residential units on floors 17 through 25. The building is capped off by a restaurant with a rooftop deck on the twenty-sixth floor. C. Conditional Use Requests The proposed development complies with the height, FAR, and permission to cast a shadow granted as part of the conditional use approval in Resolution No. 2022-60. However, the proposed development requires new conditional use approvals for (1) the proposed hotel use, (2) the density, and the (3) lot coverage. Accordingly, the Applicant is seeking the following conditional use approvals: (i) Conditional Use Approval per Section 31-143(f)(2a)(c) to allow a building in the RMF4 district to cast a shadow upon a property located within a business zoning district (as previously approved as part of the current conditional use approval); (ii) Conditional Use Approval per Section 31-143(f)(2a)(d) to allow a density of 60 units per acre where 45 units per acre is permitted as-of-right and up to 60 dwelling units per acre is permitted via conditional use approval (currently approved at 56 units per acre); (iii)Conditional Use Approval per Section 31-143(f)(2a)(f) related to green buildings, to permit a floor area ratio (FAR) of 4.30 with a green building (also currently approved at 4.3); (iv)Conditional Use Approval per Section 31-143(f)(2a)(e) related to green buildings, to allow a lot coverages of 46% where 40% is permitted as-of-right; and (v) Conditional Use Approval per Section 31-143(f)(2a)(g) to allow a Limited- Service Hotel in combination with a permitted multifamily residential development. D. The Proposed Conditional Uses Meet the Standards Set Forth Under City Code Section 31-73(c) In accordance with City of Aventura Code Section 31-73(c), the above requests for conditional use approval meets the criteria for approval as described below: 1 . The proposed use shall be consistent with the Comprehensive Plan. MIAMI 11217043.1 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickeil Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-713589E13840A Mr. Keven Klopp JanuPage 25, 2024 e 5 Bilzin Sumberg The proposed development complies with the maximum density permitted by the proposed Comprehensive Plan designation (60 units per acre). The proposed limited- service hotel use also complies with the Medium-High Density designation on page 17 of the City's Comprehensive Plan. Further, the development has been designed such that the portion of the "L"-shaped Property backing up to the townhouses to the north (which are designated RMF4), will feature an attractive and green space with amenities courts, swimming pool, and serene views from all sides, with the larger portion of the developed Property to be adjacent to adjacent other taller buildings. Therefore, appropriate transitions and buffers with the surrounding neighborhood has been provided, and the impacts of the proposed development are far less than the previous use or the otherwise permitted use under the current comprehensive plan and zoning designations. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use is a residential development with a limited-service hotel. The maintenance and operation of the uses will be in accordance with the City Code and similar to other residential developments and limited-service hotels. The proposed uses will not endanger the public health, safety, or general welfare. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. As described above and further below, the surrounding properties include parcels of similar densities or greater. The proposed use is consistent and compatible with the zoning on the surrounding areas and with the existing surrounding uses. The RMF4 designation abuts the Property to the east, north, and northeast, as well as the properties directly across NE 183rd Street. The development is consistent with community character of the residential condominiums in the immediate neighborhood, many of which were built in the 1970's. For example, Commodore Plaza development directly across from the Property was built in 1971 , at approximately 30 stories has a density of over 75 units per acre. Similarly, Admirals Port abutting the Property to the east was built in 1974 was developed at 22 stories with approximately 90 dwelling units per acre. Therefore, the proposed development is not out of character with the immediate neighborhood. 4. Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted level of service, or will be available concurrent with demand as provided for in the requirements of these LDRs. Roadway capacity, utilities, drainage and other public facilities are addressed through the building permit process to ensure compliance with the City Code and level of service requirements. MIAMI 11217043.1 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickeil Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-713589E13840A Mr. Keeen Klopp JanuPage 5 25, 2024 5 Bilzin Sumberg 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. As part of the conditional use approval, the Applicant is required to provide transportation demand management strategies to reduce the impact of the development and to reduce adverse effects to the overall transportation network. The Applicant will also provide any right-of-way improvements appropriate to the Property. Ingress and egress will be provided 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 surrounding properties are all developed and thus development of the Property in accordance with the conditional use approval will not impede development of the already developed properties. Further, even if the adjacent properties were vacant or to be redeveloped, the proposed development with the conditional uses does not impede development of the surrounding properties. 7. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property for use of building orientation, setbacks, buffers, landscaping and other design criteria. As noted above, the proposed development has been carefully designed to minimize impact on the adjacent properties. The proposed ground level amenities area that backs up to the townhomes, features attractive green space and other at grade amenities. The property frontage is landscaped to beautify the street, and the unique design of the proposed is structure facilities the flow of air and light. The angle of the proposed structure also has been specifically designed to limit the impact on adjacent properties. E. Variance Requests As noted above, the Property meets many of the criteria associated with a limited- service hotel (including the minimum room size requirement, the sharing of at least two sides with a lot line with the B2 District, restaurant uses are accessory uses, and not more than 10% of the gross floor area is dedicated to hotel amenities). However, the Applicant is requesting relaxation of certain requirements as follows: (i) To allow for hotel rooms to be located in horizontal blocks of rooms where vertical blocks of rooms are required per Section 31-143(f)(2a)(g)(6); (ii) To allow for a shared exit driveway for residential and hotel use, where separate driveway entrance/exit and lobbies are required per Section 31- 143(f)(2a)(g)(7); MIAMI 11217043.1 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickeil Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-713589E13840A Mr. Keven Klopp Pa January 25, 2024e 5 hilzin Sumberg (iii) To waive the limitation on the percentage of the building area utilized for hotels, to allow 45% where 33% of the gross floor area of the building is permitted per Section 31-143(f)(2a)(g)(4); and F. The Requested Variances Meet the Standards Set Forth Under City Code Section 31-76(e) The requested variances comply with the standards of review pursuant to Section 31-76(e), as follows: 1 . The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The Property is L-shaped and abuts both residential and business zoned properties, but has frontage only along one right-of-way, NE 183rd Street. The Property essentially serves a transition property from the 132-zoned parcels located north and west of the Property to the RMF4 parcels located to the south, north and east of the Property. These conditions result in a hardship, which make it difficult to comply with the zoning regulations if carried out literally. The proposed development is designed with particular sensitivity towards the existing residential development east of the Property. Accordingly, an additional driveway (which would comply with the requirements of the Code) on the portion of the Property that abuts the existing residential developments on RMF4-zoned properties would be inappropriate. Similarly, both the additional loading space and the creation of vertical blocks of hotel rooms is not realistic on this irregular-shaped Property and in order to realize both uses, the blocks of hotel rooms must integrate residential uses as well. Rather than horizontal separation, the hotel rooms are vertically separated, thus meeting the intent of the Code. Further, the limitation on the percentage of hotel use is not achievable due to the hardships presented by the shape of the Property and the surrounding uses. 2. The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. Due to the Property's irregular shape and the existing surrounding uses, the basis for the requested variances is unique to the parcel and is not generally applicable to other parcels within the vicinity. 3. The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. MIAMI 11217043.1 100992/302121 Bilzin Sumberg Baena Price&Axelrod LLP 11450 Brickell Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7S93 I hilzin.com DocuSign Envelope ID:9D5A3FFC-8048-4C2C-9CA1-713589E13840A Mr. Keven Klopp JanuPage 25, 2024 e 5 hilzin Sumberg The proposed uses as a multifamily residential and associated limited-service hotel are consistent with the land development regulations and the hardship is not economic. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance will not be detrimental to the public welfare. In fact, not requiring an additional curb cut and driveway near the existing surrounding residential uses will help limit traffic disruption and protect the surrounding residential uses. Additionally, the other requested variances will not be injurious to other parcels in the vicinity as the deviations will be unperceivable from neighboring properties. 5. The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The granting of the proposed variances will decrease the congestion in the public streets as compared to the literal application of the Code, especially when it comes to the requirement for a separate driveway for the two uses. Additionally, they will not increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the vicinity. Thank you for your attention to the foregoing. Should you have any questions, please do not hesitate to contact me at (305) 350-2351 . Very truly yours, Brian S. Adler CC: Lauren L. Kahn MIAMI 11217043.1 100992/302121 Bilzin 5umberg Baena Price&Axelrod LLP 11450 Brickeil Avenue,23rd Floor,Miami,Florida 33131-3456 Tel 305.374.7580 1 Fax 305.374.7593 1 bilzin.com EXHIBIT#2 LOCATION MAP SW 1st St m SW 2nd St S. Hallandale �P�isIe5o` Gulfstream A Park Golden Isles 3 A1A rD Sun Swept— _� Holiday Dr Isles 1 I 1 NE213thSt z 1 rn 1 1 w 1 1 � I 1 s I D Aventura < o 1 -C > Highland Oaks I N Co 1 v m P�c 1 un try Clu b Dr 1 C° \ 1 2 v 1 1 1 :2O 1 1 i7 m 1 I N 1 1 s 1 th St 1 1 199 / N� Don Soffer / 1 / Exercise Trail 1 1 /.olden Beach Aventura Mall Aventura I �e ma n CsWy_ — W\\\\am 1 1 / 1 NE 190th S' NE 186th Stfir� / / 783rd St / ynolds Park m P"rit8ast�� NE 171st St NE 170th St = z 1 NE 169th St v I MKfu l e I i ake Intracoastal Municipal Zone-RMF4 Multi-Family High Density Residential Mall .........: 826 ........ Subject Property 1__1 Aventura Municipal Boundary Pti1 City ®f 1/31/2024 -O 10.55 2 Aventur" � � 0 0.28 0.55 1.1 mi Government Center ,P� o 19200 West Country Club Drive 0 0.42 0.85 1.7 km d� Aventura,Florida 33180 EXHIBIT"A" LEGAL DESCRIPTION PARCEL 1: (EXHIBITION CENTER) A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHTANGLES TO THE LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42 FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR 281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEETTO THE POINT OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: (PARKING LOT) A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56 SECONDS FOR AN ARC DISTANCE 202.15 FEETTO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57 MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. 1W0627158.11 03 -9 bZOZ-9Z-10 N91S3a ivnld33NOO : �o3 a3nssl U§ Nco &� �6 g• r 2 096££�3 'H2in1N3AV'1332JiS ab£8l 3N 58LZ m� SW0021 1310H VZZ V SOONOO £6 - `d 21 fl 1 N 3 n`d I VI N; a; m Q`� J ssAi e � x ¢ w V ¢ o ¢ Z X ¢ Z H 0 Z 21 Z x > U o Z Z Z Z Z Z a r p ¢p V' Q 0 = 5 z a ? z 0.z z z z z w w a ¢ 3 5 5 3 5 5 5 g 0 Q z z z ¢ - 3 'o g s a o o o 0 0 o N g o a w a w o 0 0 0 0 0 0 0 w o ¢ a a a a u n ❑ z � w o � o w � � o 0 0 0 0 0 0 � w ry a d a d a _ z � H o ~ O O < O w w w w w w w w w w o 0 O z0 0 0 a ¢ V' � U l7 - - - - - - - - - - m Wo 0 0 0a 0a 0x 0 0 0 0 0 a a a a a a a a a a0 0�an n0a a0o 0 - - lo o o I v !- - 0 182 NL-Llo �o o. W z W � � � W � > o y a ry, aLn 00 rl �a CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING VARIANCES FROM SECTION 31- 143(F) OF THE CITY'S LAND DEVELOPMENT REGULATIONS: (1) TO ALLOW THE GROSS FLOOR AREA (GFA) OF A HOTEL TO BE 45% OF THE GFA OF THE BUILDING WHERE A MAXIMUM OF 33% IS PERMITTED; (2) TO ALLOW SEPARATION BETWEEN HOTEL AND RESIDENTIAL USES IN HORIZONTAL BLOCKS WHERE SEPARATION BY VERTICAL BLOCKS IS REQUIRED; AND (3) TO ALLOW FOR A SHARED DRIVEWAY FOR RESIDENTIAL AND HOTEL USES WHERE SEPARATE DRIVEWAY ENTRANCE/EXIT ARE REQUIRED, FOR THE PROPERTY LOCATED AT 2785 NE 183 STREET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property, legally described in Exhibit "A", is zoned RMF4, Multifamily High-Density Residential District; and WHEREAS, pursuant to City Code Section 31-143(f)(2a)(g), a limited-service hotel combined with multi-family residential is a permitted use in this district subject to specific criteria; and WHEREAS, the applicant, Brian S. Adler, Esq., on behalf of GOT183 LLC, through Application No. VAR2401-0001("Application"), is requesting a variance from Section 31- 143(f)(2a)(g)(5) of the City Code to allow the gross floor area (GFA) of a hotel to be 45% of the GFA of the building where a maximum of 33% is permitted; and WHEREAS, the applicant, through the same Application, is requesting a variance from Section 31-143(f)(2a)(g)(6) to allow separation between hotel and residential uses in horizontal blocks where separation in vertical blocks is required; and WHEREAS, the applicant, through the same Application, is requesting a variance from Section 31-143(f)(2a)(g)(7) to allow for a shared driveway for residential and hotel uses where separate driveway entrances/exits are required; 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: City of Aventura Resolution No. 2024- Section 1. Application for variances to allow: (1) a limited-service hotel to occupy 45% of the GFA of a building, where a maximum of 33% is permitted; (2) separation between hotel and residential uses in horizontal blocks, where separation in vertical blocks is required; and (3) for a shared driveway for residential and hotel uses where separate driveway entrance/exit are required, for the Property legally described in Exhibit "A", is hereby granted exclusively to the applicant. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. 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 20t" day of February, 2024. Page 2 of 4 City of Aventura Resolution No. 2024- HOWARD S. WEINBERG, ESQ. ATTEST: MAYOR 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 City of Aventura Resolution No. 2024- EXHIBIT"A" Legal Description PARCEL 1: (EXHIBITION CENTER) A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES, 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 301.00 FEET;THENCE SOUTH 89 DEGREES 13 MINUTES 08 SECONDS WEST,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 132.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, SOUTHERLY, AND SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 31.42 FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 46 MINUTES 52 SECONDS EAST, ALONG A LINE THAT IS PARALLEL WITH AND 152.00 FEET WEST OF,AS MEASURED AT RIGHT ANGLES TO,THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR 281.82 FEET;THENCE NORTH 88 DEGREES 54 MINUTES 29 SECONDS EAST FOR 152.00 FEETTO THE POINT OF BEGINNING,ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: (PARKING LOT) A PORTION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3;THENCE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST,ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 131.84 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE NORTH 0 DEGREES 46 MINUTES 52 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 79.94 FEET;THENCE EAST FOR 246.91 FEET;THENCE SOUTH,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, FOR 114.42 FEET TO A POINT ON THE NEXT DESCRIBED CURVE; SAID POINT BEARS NORTH 19 DEGREES 47 MINUTES 50 SECONDS EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE;THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 584.02 FEET AND A CENTRAL ANGLE OF 19 DEGREES 49 MINUTES 56 SECONDS FOR AN ARC DISTANCE 202.15 FEET TO A POINT OF TANGENCY;THENCE SOUTH 89 DEGREES 57 MINUTES 54 SECONDS WEST, ALONG A LINE THAT IS PARALLEL WITH AND 131.83 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO,THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 47.66 FEET TO THE POINT OF BEGINNING,ALL LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. Page 4 of 4