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02-20-2024 City Commission Special Meeting Agenda CITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..�V r■. e4 q CITY COMMISSION SPECIAL MEETING AGENDA February 20, 2024 9:00 a.m. Aventura Government Center Commission Chambers City Commission 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 City Commission Special Meeting Agenda February 20, 2024 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. RESOLUTION/PUBLIC INPUT: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE PURCHASE OF A VEHICLE FROM ALAN JAY AUTOMOTIVE MANAGEMENT, INC. D/B/A ALAN JAY FLEET SALES IN AN AMOUNT NOT TO EXCEED $55,756; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. 4. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission agenda are zoning hearings and are quasi- judicial in nature. As such, the quasi-judicial procedures of the City shall be invoked for these items. If you wish to object or comment upon these items,please inform the Mayor when public comments are requested. An opportunity for persons to speak on these items will be made available after the applicant and staff have made their presentations on the items. All testimony,including public testimony and evidence,will be made under oath or affirmation for these quasi-judicial items. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. 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. 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. Page 1 of 2 Aventura City Commission Special Meeting Agenda February 20, 2024 5. ORDINANCE - SECOND READING/PUBLIC HEARING: 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. 6. 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 City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 2 of 2 CITY OF AVENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Jake Ozyman, PE, Public Works/Transportation Director DATE: February 16, 2024 SUBJECT: Purchase of 2024 CHEVY TAHOE 2WD 1 LS February 20, 2024 City Commission Special Meeting Agenda RECOMMENDATION It is recommended that the City Manager approve the purchase of a 2024 CHEVY TAHOE 2WD 1 LS from Alan Jay Fleet Sales in an amount not to exceed $55,756, utilizing the Sourcewell Contract. BACKGROUND The Public Works Department is currently short two vehicles (one vehicle was recently declared a total loss and one vehicle has a repair cost that may exceed its actual value). A 2024 Tahoe LS has been located and is anticipated to arrive in March,which will provide the department with a viable vehicle at an extremely cost-effective price. JO/gf Attachments CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE PURCHASE OF A VEHICLE FROM ALAN JAY AUTOMOTIVE MANAGEMENT, INC. D/B/A ALAN JAY FLEET SALES IN AN AMOUNT NOT TO EXCEED $55,756; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") is in need of a new vehicle to facilitate the provision of the Public Works and Transportation Department; and WHEREAS, specifically, the City desires to purchase a 2024 Chevrolet Tahoe 2WD 1 LS ("Vehicle"); and WHEREAS, the type of purchase contemplated by the City has been competitively bid by Sourcewell, a service cooperative created by the Minnesota legislature as a local unit of government, which has entered into Sourcewell Contract No. 2024 091521-NAF & 06 ("Sourcewell Contract") with Alan Jay Automotive Management, Inc. d/b/a Alan Jay Fleet Sales, as an approved associate dealer of National Auto Fleet Group (the"Vendor"); and WHEREAS in accordance with Section 2-252 of the City's Code of Ordinances, the City Commission seeks to authorize the City Manager to purchase the Vehicle from the Vendor consistent with the Sourcewell Contract and the Vendor's quote, attached hereto as composite Exhibit "A" (the "Quote"), as the pricing offered pursuant to the Sourcewell Contract is in the City's best interest; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the residents of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. That the City Commission hereby approved the purchase of the Vehicle from the Vendor. Section 3. That the City Commission hereby authorizes the City Manager, to purchase the Vehicle consistent with the terms and conditions of the Sourcewell Contract and the Quote attached hereto as Exhibit "A", in an amount not to exceed $55,756. City of Aventura Resolution No. 2024- Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001-8054-541.64-50. Section 5. That the City Commission hereby authorizes the City Manager to execute any purchase order or required documentation for the purchase described in this Resolution, subject to approval by the City Attorney as to form and legality, and to take any action which is reasonably necessary to implement the purpose of this Resolution. Section 6. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg PASSED AND ADOPTED this 20t" day of February, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 WW_11AA - Sourcewell go Fy' Call Us first,for all of your Fleet Automotive, &Light Truck needs. Quote PHONE(800)ALANJAY(252-6529) DIRECT 863-385-9610 WWW.AL.ANJAY.COM 51 1 93-1 Qfc�r4�'F 2003 U.S.27 South MOBILE 904-838-4999 �11Ilht# P.O.BOX 9200 Sebring,FL 33870 FAX 863-402-4221 Afire Sebring,FL 33871-9200 ORIGINA12QUOTE/191 02DATE QUICK QUOTE SHEET REViS12QUOTE 2023 GATE 19 REQUESTING AGENCY AVENTURA, CITY OF �1 CONTACT PERSON JAKE OZYMAN EMAIL ovrrEa [Ccit�eafaet�t€ara•corrt PHONE 305-466-8970 MOBILE FAX SOURCEWELL (FORMERLY NJPA) CONTRACT# 2024 091521-NAF & 06 www.NationalAutoFleetGroup.com MODEL CC107061LS MSRP $58,195.00 2024 CHEVY TAHOE 2WD 1 LS CUSTOMER IC NJPA PRICE $55 511.00 BED LENGTH SUV All vehicles will be ordered white wl darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION GXD Sterling Gray Metallic $0.00 H0U Jet Black,Premium cloth seat trim $0.00 L84 Engine,5.3L EcoTec3 V8 $0.00 MHS Transmission,10-speed automatic $0.00 1LS OPTIONS LS Preferred Equipment Group $0.00 A50 Seats,front bucket $0.00 C6C GVWR,7400 lbs.(3357 kg) $0.00 GUS Rear axle,3.23 ratio $0.00 IOR Audio system,Chevrolet Infotainment 3 system,8"diagonal HD color touchscreen $0.00 PZX Wheels,18"x 8.5"(45.7 cm x 21.6 cm)Bright Silver painted aluminum $0.00 QDF Tires,265/65R18SL all-season,blackwall $0.00 VK3 License plate front mounting package $0.00 CPO SEE ATTACHED PRINT OUT FOR COMPLETE VEHICLE DETAILS. $0.00 FACTORY OPTIONS $0.00 CONTRACT OPTIONS DESCRIPTION NEW-TAG-CITY New CITY tag Includes temp tag&two way overnight shipping for signature. $245.00 EWD EXTENDED WARRANTY DECLINED $0.00 CONTRACT OPTIONS $245.00 TRADE IN TOTAL COST $55 756.00 YES WE TAKE TRADE INS '"-- ASK ABOUT MUNICIPAL FINANCING--- $0.00 TOTAL COST LESS TRADE IN(S) QTY 1 $55,756.00 Estimated Annual payments for 50 months paid in advance: $12,487.05 Municipal finance for any essential use vehicle,requires lender approval,WAC. Comments QUOTE SUBJECT TO FACTORY ORDER ACCEPTANCE or 30 DAYS VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER chdsty.selfler}alas iay.cocrc "9 Want to be Your Fleet Provider" I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes,please feel free to contact me at any time. I am always happy to be of assistance. NJPA_AVENTURA,CITY OF_51193_Quote_l.PDF Page 1 of 1 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 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 Friedland, who moved its adoption on first reading. The motion was seconded by Commissioner Bloom, and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Paul A. Kruss Yes Mayor Howard S. Weinberg No 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 20t" day of February, 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