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05-06-2025 City Commission Regular Meeting AgendaCITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..� V r■. e4 q CITY COMMISSION REGULAR MEETING AGENDA May 6, 2025 6:00 p.m. Aventura Government Center Commission Chambers City Commission Mayor Howard S. Weinberg, Esq. Commissioner Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Paul A. Kruss Commissioner Cindy Orlinsky City Manager Bryan Pegues City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura City Commission Regular Meeting Agenda May 6, 2025 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ANNOUNCEMENT OF VICE MAYOR 4. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENTATIONS: • Proclamations • Special Recognitions • Employee Service Awards — None • Citizens' Independent Transportation Trust (CITT) Presentation 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • April 8, 2025 City Commission Regular Meeting • April 17, 2025 City Commission Regular Workshop B. MOTION TO RATIFY THE CITY MANAGER'S APPOINTMENT OF ALAN CHASET AS SPECIAL MASTER FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING CONTRACTS TO PIF CONSTRUCTION GROUP, INC. AND MARLIN PLUMBING OF MIAMI, INC. FOR PLUMBING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 96-18 WHICH ESTABLISHED COMMISSION MEETING AND AGENDA PROCEDURES, AS AMENDED BY RESOLUTION NO. 2000-36, RESOLUTION NO. 2001-26 AND RESOLUTION NO. 2005-15 PERTAINING TO THE ORDER OF AGENDA ITEMS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 4 Aventura City Commission Regular Meeting Agenda May 6, 2025 7. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items as indicated 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. RESOLUTION: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-171(B)(12)A.1 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT 680 PARKING SPACES WHERE 739 ARE REQUIRED FOR THE EXISTING DEVELOPMENT LOCATED AT 19101 BISCAYNE BOULEVARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi -Judicial procedures of the City shall be invoked for this item. ORDINANCES: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-145(e), "TOWN CENTER OFFICE PARK MIXED USE (TC4) DISTRICT", TO ALLOW MULTIFAMILY RESIDENTIAL DENSITIES WITH A MAXIMUM OF 70 DWELLING UNITS PER ACRE FOR DEVELOPMENTS THAT PROVIDE RESIDENTIAL UNITS TO THE CITY'S HERO HOUSING PROGRAM; SUBJECT TO CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE CITY OF AVENTURA COMPREHENSIVE PLAN PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, TO REDESIGNATE AN APPROXIMATE 3.01 ACRE TRACT OF LAND ON THE SOUTHWEST CORNER OF NE 187 STREET AND NE 28 COURT, IDENTIFIED BY FOLIO NUMBERS 28- 2203-043-0010 AND 28-2203-033-0010, FROM "BUSINESS AND OFFICE" TO "TOWN CENTER"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi -Judicial procedures of the City shall be invoked for this item. D. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING DESIGNATION OF AN APPROXIMATE 3.01 ACRE TRACT OF LAND ON THE SOUTHWEST CORNER OF NE 187 STREET AND NE 28 COURT, IDENTIFIED BY FOLIO NUMBERS 28-2203-043-0010 AND 28-2203-033-0010, FROM "COMMUNITY BUSINESS DISTRICT (132)" TO "TOWN CENTER DISTRICT (TC1)"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi -Judicial procedures of the City shall be invoked for this item. Page 2 of 4 Aventura City Commission Regular Meeting Agenda May 6, 2025 8. ORDINANCES — FIRST READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2024-18 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2024/2025 FISCAL YEAR BY REVISING THE 2024/2025 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 9. ORDINANCES — SECOND READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 48-46 OF THE CITY'S CODE OF ORDINANCES TO AUTHORIZE THE PLACEMENT, INSTALLATION, AND OPERATION OF SPEED DETECTION SYSTEMS AT THE TURNBERRY JEWISH CENTER AND TAUBER ACADEMY SCHOOL ZONE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10. RESOLUTIONS/PUBLIC INPUT: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RELATING TO THE PROVISION OF A STORMWATER MANAGEMENT SYSTEM WITHIN THE CITY; DECLARING THE IMPOSITION OF A STORMWATER UTILITY FEE; ESTABLISHING THE METHOD BY WHICH THE PROPOSED STORMWATER UTILITY FEE SHALL BE CALCULATED; DESIGNATING THE LANDS UPON WHICH THE STORMWATER UTILITY FEE SHALL BE LEVIED; STATING THE ESTIMATED COST OF PROVIDING AND MAINTAINING THE STORMWATER UTILITY, THE INITIAL RATE AND THE MAXIMUM RATE FOR THE PROVISION OF THE STORMWATER MANAGEMENT SYSTEM; DIRECTING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED STORMWATER UTILITY FEE AND THE RATES TO BE IMPOSED AND THE METHOD OF THEIR COLLECTION AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None. 14. ADJOURNMENT FUTURE MEETINGS Meeting dates, times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held at the City of Aventura Government Center (19200 West Country Club Drive, Aventura). COMMISSION REGULAR WORKSHOP — MAY 22, 2025 AT 9 AM COMMISSION REGULAR MEETING — J[JNE 3, 2025 AT 6 PM Page 3 of 4 Aventura City Commission Regular Meeting Agenda May 6, 2025 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 4 of 4 CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: May 2, 2025 SUBJECT: Approval of Minutes May 6, 2025 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held as listed below. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • April 8, 2025 City Commission Regular Meeting • April 17, 2025 City Commission Regular Workshop Should you have any questions, please contact me. /elh attachments a AVENTURA CITY COMMISSION REGULAR MEETING MINUTES APRIL 8, 2025 6:00 p.m. Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weinberg at 6:20 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Rachel S. Friedland, Commissioner Clifford B. Ain, Commissioner Gustavo Blachman, Commissioner Amit Bloom, Commissioner Paul A. Kruss, Commissioner Cindy Orlinsky, City Manager Bryan Pegues, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the Local Planning Agency Meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: The following item was taken out of order: REPORTS: The following reports were provided by members of the City Commission: Mayor Weinberg, Commissioner Bloom, and Commissioner Kruss reported on their recent trip to Tallahassee for the 2nd Annual Israel Day in March. Commissioner Bloom reported on the recent Aventura Police Department promotional ceremony. Commissioner Blachman reported on the Zionist Organization of America Florida Superstar Gala held in March. Mr. Pegues provided a report on his recent trip to Israel with the Israeli Consulate. • Proclamations: Proclamations were presented for #EndJewHatred Day (April 29, 2025) and for Israel Tennis & Education Centers Day (April 8, 2025). Aventura City Commission Regular Meeting Minutes April 8, 2025 • Special Recognitions: None. • Employee Service Awards: None. • Presentation —Aventura Police Explorers: The Police Department Explorers were recognized for their recent competition accomplishments. 5. CONSENT AGENDA: There were no requests from the public to address the City Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Kruss, seconded by Commissioner Bloom, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: APPROVAL OF MINUTES: March 4, 2025 City Commission Regular Meeting March 20, 2025 City Commission Regular Workshop B. Resolution No. 2025-25 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING ZENUN GROUP, INC. D/B/A NUNEZTENNIS TRAINING FOR PROFESSIONAL TENNIS AND PICKLEBALL PROGRAM MANAGEMENT AND COURT MAINTENANCE SERVICES PURSUANT TO RFP 2025-01; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2025-26 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF FUNDS BY THE CITY MANAGER FOR EMERGENCY PURCHASES AUTHORIZED BY SECTION 2-252(D) OF THE CITY CODE FOR AN 80-TON CHILLER FOR THE CITY OF AVENTURA ARTS AND CULTURAL CENTER; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers reviewed the quasi-judicial procedures for Item 6 and Mrs. Horvath administered the oath to all those wishing to offer testimony on the item. No disclosures of ex parte communications were provided by members of the City Commission. RESOLUTION/PUBLIC HEARING: Mrs. Horvath read the following Resolution title: Page 2 of 4 Aventura City Commission Regular Meeting Minutes April 8, 2025 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING APPROVAL OF SIGN GRAPHICS CRITERIA PURSUANT TO SECTION 31- 191(I)(1) OF THE AVENTURA CITY CODE OF ORDINANCES FOR THE MULTI -TENANT CENTER KNOWN AS CENTTRAL AVENTURA LOCATED AT 20955 BISCAYNE BOULEVARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Note: The Quasi -Judicial procedures of the City shall be invoked for this item A motion to recommend adoption of the Resolution was offered by Commissioner Bloom and seconded by Commissioner Ain. Community Development Planner Surieska Martirena (on behalf of Community Development Director Keven Klopp) entered the staff report into the record, which recommended approval, and reviewed the item. The testimony as provided at the April 8, 2025 Local Planning Agency Meeting was incorporated into the record by reference. The following provided comments on behalf of the applicant: Alan Rosenthal, Esq. Rosenthal Rosenthal Rasco LLC (20900 NE 30 Avenue, Suite 600, Aventura) on behalf of Centtral Aventura LLC (20955 Biscayne Blvd., Aventura). Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No comments were provided by the City Commission. The motion to approve the Resolution passed unanimously by roll call vote; thus becoming Resolution No. 2025-27. 7. ORDINANCES — FIRST READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 48-46 OF THE CITY'S CODE OF ORDINANCES TO AUTHORIZE THE PLACEMENT, INSTALLATION, AND OPERATION OF SPEED DETECTION SYSTEMS AT THE TURNBERRY JEWISH CENTER AND TAUBER ACADEMY SCHOOL ZONE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. A motion to recommend adoption of the Ordinance was offered by Commissioner Ain and seconded by Commissioner Bloom. Mr. Pegues reviewed the item and recommended approval. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The City Commission provided comments regarding the speed detection systems running also outside of the school zone hours. Page 3 of 4 Aventura City Commission Regular Meeting Minutes April 8, 2025 The motion to approve the Ordinance on first reading passed unanimously by roll call vote. 8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTION/PUBLIC INPUT: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 2016-49 WHICH REVISED THE STORMWATER UTILITY FEE TO BE CHARGED FOR EACH EQUIVALENT RESIDENTIAL UNIT; AUTHORIZING THE CITY MANAGER TO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption of the Resolution was offered by Commissioner Kruss and seconded by Commissioner Orlinsky. Mr. Pegues reviewed the item and recommended approval. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No comments were provided by the City Commission. The motion to approve the Resolution passed unanimously by roll call vote; thus becoming Resolution No. 2025-28. 10. REPORTS: Reports were provided at the beginning of the meeting. 11. PUBLIC COMMENTS: The following members of the public provided comments: Alan Rosenthal, Esq. (20900 NE 30 Avenue, Suite 600, Aventura). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Friedland, seconded by Commissioner Ain, and unanimously approved; thus, adjourning the meeting at 7:28 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on May 6, 2025. Page 4 of 4 AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES APRIL 17, 2025 9:00 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. Call to Order/Roll Call: The meeting was called to order by Mayor Weinberg at 11:39 a.m., following the Aventura School Governing Board Meeting. The following were present: Mayor Howard S. Weinberg, Vice Mayor Rachel S. Friedland, Commissioner Clifford B. Ain, Commissioner Gustavo Blachman', Commissioner Amit Bloom, Commissioner Paul A. Kruss, Commissioner Cindy Orlinsky, City Manager Bryan Pegues, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge was done at the Governing Board Meeting. 3. Aventura Corporate Center's New Concept Design (City Manager): Mr. Pegues and Community Development Director Keven Klopp briefly introduced the item. Jeffrey Bercow, Esq. (Bercow Radell Fernandez Larkin & Tapanes — 200 S. Biscayne Blvd. #300, Miami) accompanied by Jeffrey Davis, Principal (Bear Development Group) provided information on the proposed new design including the following: Connections, Master Plan, Project Data, View of Building, Arial View, Lake View, Highlights of New Proposal, Reduction in Project Size, Proposed Unit Sizes versus Current Approved, Negligible Traffic Impact, Substantial Better Economic Offer to the City, Scale in Context, Elevated and Iconic Design, and Increased Walkability and Open Space. The City Commission discussed the item including the following items: shuttle for residents, smaller units with built-in furniture, focused demographic, rentals and condos, HERO housing units, Freebee, and deliveries. City Manager Summary: It was the consensus of the City Commission for the item to move forward conceptually. ' Left the meeting at 1:03 p.m. following the discussion of Item 8. Aventura City Commission Regular Workshop Minutes — April 17, 2025 4. Water Update Between the City of North Miami Beach and Miami -Dade Water (City Manager): Mr. Pegues reviewed the water service areas for the City including the following: Map of Areas that Receive Water from North Miami Beach and Miami -Dade County, Rate Comparison Summary for Miami -Dade County and City of North Miami Beach, Rate Comparison Single -Family Dwelling, Rate Comparison Multi -Family Dwelling, and Rate Comparison for Non -Residential Dwelling. It was reported that approximately 75% of the water was provided through Miami -Dade County and 25% was provided through North Miami Beach. The City Commission provided comments. City Manager Summary: This item was provided for informational purposes. 5. Discussion of Miami -Dade County Tax Collector (City Attorney): Mr. Meyers reported that the Miami -Dade County Tax Collector would not be pursuing the 2% revenue from all municipalities for his office this year. The City Commission discussed the item and plans announced by the Tax Collector regarding implementation of an ATM to renew licenses and tags, etc. City Manager Summary: This item was provided for informational purposes. The meeting was briefly paused from 12.15 p.m. until 12.17 p.m. due to the announcement of an active shooter at Florida State University. 6. Car Carrier Update (City Attorney): Mr. Meyers distributed and reviewed a memo titled Local Governments Ability to Regulate Car Carriers and provided an analysis of the City's options to address the issue. He suggested that the current Ordinance be amended to include specific reference to the loading/unloading of car carriers. The City Commission discussed the item including the following: reviewing the language as set forth in the ordinance for Coral Gables, for the language to be amenable for residents and visitors, and providing one location in the north and one in the south as loading/unloading areas in the City. City Manager Summary: It was the consensus of the City Commission for the City Attorney to draft an ordinance to be provided at the next City Workshop for review and discussion, to include vehicles as well as other items that are loaded/unloaded. 7. Red Light Camera Program Update (City Manager): Mr. Pegues briefly introduced the item as requested by Vice Mayor Friedland at the prior Commission Workshop. Police Chief Michael Bentolila provided an update on the City's red light camera program. The City Commission discussed the item including the following: Miami -Dade County ticketing program done through the school buses and the review process. Page 2 of 4 Aventura City Commission Regular Workshop Minutes — April 17, 2025 City Manager Summary: This item was provided for informational purposes. 8. Discussion of the Regulation of Electric Scooters/Electric Bikes (City Manager): Mr. Pegues briefly introduced the item. Police Chief Michael Bentolila distributed and reviewed a Scooter and Motorcycle Citation Cheat Sheet highlighting the main violations seen throughout the City. The City Commission discussed the item including increased enforcement at the parks and schools, the need for enhanced State Statutes to address violations, educating the public, the increase in injuries, posting signs at main areas they are seen, and registering scooters. Mr. Meyers discussed the City's ability to not allow electric scooters/bikes on the City sidewalks/trails that would then be treated as code violations. City Manager Summary: Mr. Pegues will work with Chief Bentolila to address increased enforcement, signage on the Don Soffer Trail, and students with multiple violations and report back with a recommendation. 9. Addition of Special Magistrate (City Manager): Mr. Pegues recommended that Alan Chaset be appointed as a Special Master for the City's code enforcement process and reviewed his legal/judicial background. The City Commission discussed the item. City Manager Summary: It was the consensus of the City Commission to proceed with the ratification of Mr. Pegues' recommendation to appoint Alan Chaset as a Special Master. 10. Discussion of Appointment of Community Services Advisory Board Members (City Manager): Mr. Pegues reported on the expiration of the terms for the current members on the Community Services Advisory Board in May and plans to interview some additional residents. The City Commission discussed the item including possible applicants, as well as the possibility of placing term limits for the City's Boards. City Manager Summary: It was the consensus of the City Commission for Mr. Pegues to continue the interview process and come back with a recommendation for the Board members. 11. Discussion of Amending Agenda Procedures Resolution to Move Reports to the Beginning of City Commission Regular Meeting Agendas (Commissioner Bloom): Commissioner Bloom suggested that the Reports section on the City Commission Regular Meeting Agendas be moved to the beginning of the meetings before Special Presentations, since more people were in attendance at that time to hear the reports. Page 3 of 4 Aventura City Commission Regular Workshop Minutes — April 17, 2025 The City Commission discussed the item including the following: possible time limits for reports and limiting reports to items specific to the City and not personal causes. City Manager Summary: It was the consensus of the City Commission for Mr. Meyers to provide an amended Resolution to move the Commission Reports prior to Special Presentations, with Staff Reports to remain at the end of the meeting, and outlining for the reports to be brief and relevant to the City. 12. Adjournment: There being no further business to come before the City Commission, the meeting was adjourned by consensus at 1.13 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on May 6, 2025. Page 4 of 4 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager DATE: May 2, 2025 SUBJECT: Appointment of Alan Chaset as a Special Master for the City of Aventura Code Enforcement Process May 6, 2025 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission ratify the City Manager's recommendation to appoint Alan Chaset as Special Master for the City of Aventura Code Enforcement Process. Section 4 of Ordinance 96-14, which established the City's Code Enforcement Process, provides for the City Manager to appoint Special Masters for a term of one year, subject to City Commission ratification. The above -referenced individual is submitted to you for appointment as a Special Master. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager DATE: May 2, 2025 SUBJECT: Approval of RFQT 25-002 Plumbing Services May 6, 2025 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission authorize the City Manager to enter into an agreement with PIF Construction Group, Inc. and Marlin Plumbing of Miami, Inc. BACKGROUND The City of Aventura (the "City") issued a Request for Quotation RFQT 25-002 Plumbing Services on April 4, 2025. The purpose of RFQT is to establish firm fixed pricing from qualified contractors. Goods and services will be purchased on an as needed basis and at the sole discretion of the City. The City makes no guarantee of a specific volume of work to be performed. To qualify for the award, prospective Proposers were required to: A. Have a minimum of five (5) years of experience in providing plumbing services. B. Have been in continuous operation for a minimum of the past five (5) years from the date of the RFP. C. Fully licensed with all applicable City, County, State and Federal licenses. Six (6) proposals were received from the following firms listed in alphabetical order: Name Douglas Orr Plumbing Emprise Partners, LLC Express Drain & Sewer, LLC Just 1 Plumbing, LLC Marlin Plumbing of Miami, Inc. PIF Construction Group, Inc. Bid Amount $77,080.00 $136,425.00 $91,000.00 $75,300.00 $71,841.20 $43,034.50 Staff has reviewed all bids and has determined that it is in the City's best interest to award this bid to the top two (2) lowest responsive and responsible proposers. 1. PIF Construction Group, Inc. 2. Marlin Plumbing of Miami, Inc. All proposers will be required to post the appropriate insurance and performance bonds and all work will be subject to review and inspection by City staff before payment is issued. This contract is for initial three (3) year contract with two (2) one-year (1) renewals. CITY OF AVENTURA RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING CONTRACTS TO PIF CONSTRUCTION GROUP, INC. AND MARLIN PLUMBING OF MIAMI, INC. FOR PLUMBING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has properly solicited and accordingly accepted bids for Plumbing Services; and WHEREAS, staff received bids from six companies and has determined that PIF Construction Group, Inc. and Marlin Plumbing of Miami, Inc. submitted the lowest and responsive bids for Plumbing Services, attached hereto as Exhibit "A"; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said contracts to PIF Construction Group, Inc. and Marlin Plumbing of Miami, Inc. as the lowest responsible and responsive bidders. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the contracts for Plumbing Services are hereby awarded to PIF Construction Group, Inc. and Marlin Plumbing of Miami, Inc. Section 2. That the City Manager is hereby authorized to execute contracts with PIF Construction Group, Inc. and Marlin Plumbing of Miami, Inc. Section 3. That the City Manager is hereby authorized and requested to take all other necessary and expedient actions to implement this Resolution in awarding these contracts. Section 4. That 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: City of Aventura Resolution No. 2025- Commissioner Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Mayor Howard S. Weinberg PASSED AND ADOPTED this 6t" day of May, 2025. 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 Request for Quotation RFQT 25-002: Plumbing Services Posted: April 4, 2024 Due Date: Friday, April 18, 2025 at 3:00 PM Contractor shall submit the following for the price quote to be accepted: a) Table 1 - Price Sheet b) Table 2 - Bid Table c) Table 3 - Qualifications d) Table 4 -References TABLE 1 - PRICE SHEET Project Name: Plumbing Services Scope of Work: Quotes shall be accepted from qualified and experienced Contractor to furnish labor, supervision, equipment, supplies, tools, and materials to perform Plumbing Services at various locations in the City of Aventura. Work includes repairs, installations, and modification to city owned buildings and parks facilities. The general scope of work includes but is not limited to clearing blockages, replacing fixtures, repairs to toilets, sinks, urinals, showers, water fountains, and general plumbing activities at facilities. The work shall be in accordance with the project documents attached herein: a) Summary of Work and b) Terms and Conditions of the City of Aventura Purchase Order (Exhibit A), attached. Name of Contractor: PIF CONSTRUCTION GROUP Address of Contractor: 2999 NE 191 st St ste 709B Aventura FL 33180 Phone Number and E-mail of Contractor: (305) 904 3727, main@pifconstructiongroup.com Authorized Contractor Representative: Mykhailo Potomki , Alex Potomkin Signature: Date: 04/10/2025 Bid Quote Grand Total: Page 1 of 10 Request for Quotation RFQT 25-002: Plumbing Services SUMMARY OF WORK PART 1 — GENERAL 1.1. Instructions A. Contractors submitting the bid should include the attached Table 1 — Price Sheet with their bid. Bids are due on Due Date: Friday, April 18, 2025 at 3:00 PM. Quotes should be sent by email to pwbids@cityofaventura.com or uploaded to DemandStar.com. B. Questions regarding this quotation can be submitted by email to pwbids _cityofaventura.com. C. All the requirements stated herein and the attached Terms and Conditions of the City of Aventura Purchase Order shall apply. D. The City reserves the right to: i. Award all or a portion of the services as determined to be in the best interest of the City. ii. Award to one or more than one proposer as determined to be in the best interest of the City. iii. Reject any or all submittals if found not to be in the best interest of the City. 1.2. Location of Work The work is located at various locations throughout the City of Aventura listed below. No. Facility Name Address Function 1 Government Center 19200 W Country Club Dr. Administration/Police 2 Government Center Garage 19200 W Country Club Dr. Parking Garage 3 Community Recreation Center 3375 NE 188th St Administration/Recreational 4 ACES - Elementary School 3333 NE 188th St. Elementary School 5 ACES - Middle School 3333 NE 188th St. Middle School 6 Arts & Cultural Center 3385 NE 188th St. Recreational 7 Waterways Park 3301 NE 213 St. Recreational 8 Waterways Dog Park 3301 NE 213 St. Recreational 9 Founders Park 3105 NE 190 St Recreational 10 Founders Park South 3106 NE 190 St Recreational 11 Peace Park 3200 NE 188 St Recreational 12 Veterans Park 18375 NE 31 st Ave. Recreational 1.3. Description of Work A. General 1. Scope of Work: The Contractor shall provide all labor, supervision, materials, equipment, supplies, tools, transportation, and safety measures necessary for Page 2 of 10 plumbing services at various locations in the City of Aventura. Tasks include, but are not limited to: • Clearing blockages. • Replacing fixtures. • Repairing toilets, sinks, urinals, showers, and water fountains. • Conducting general plumbing activities at City facilities. 2. Billing and Invoicing: Jobs shall be invoiced as: a. Standard Jobs: Fixed charges as proposed in the Bid Table. b. Time and Material: Based on labor and materials utilized. 3. Standard Job Descriptions a. Clearing Blockages: Includes stoppage removal from toilets, urinals, sinks, or showers. Fixed charges (Bid Table item #1) include labor and standard equipment use. Repairs or replacement of defective components are itemized separately. b. Replacing Vacuum Breakers: Includes replacement in toilet and urinal assemblies. Fixed charges (Bid Table item #2) cover all labor and materials. Repairs or replacement of other components are itemized separately. 4. Routine Plumbing and Repair Work: Routine tasks may include: a. Working on fresh water lines, drain/waste/vent lines. b. Repairing toilets, urinals, kitchen and bathroom sinks. c. Servicing hot water heaters, showers, and related components. d. Clearing blocked wastewater service laterals. 5. Additional Repair and Maintenance a. Minor adjustments or repairs for proper plumbing system operation. b. Authorization from the City required for additional services or parts beyond basic repairs. 6. Safety and Environmental Precautions a. Protect surrounding landscaping and repair any damages at no cost to the City. b. Maintain a clean, hazard -free worksite, removing waste and hazardous materials. c. Comply with all laws and regulations regarding hazardous waste disposal and provide transportation manifests upon request. d. Control vehicles and tools to prevent interference with site equipment. 7. Use of Equipment a. Rental Equipment: Contractor responsible for rental costs and operation in compliance with safety standards. Itemized fees must be included on invoices without markup. b. Special Equipment: Authorization required for use (e.g., smoke machines, camera systems, vacuum trucks). Charges for equipment usage must be itemized without markup. 8. Labor and Professional Standards a. Labor hours calculated from technician's arrival to completion of cleanup. Page 3 of 10 b. All work performed by skilled professionals in a workmanlike manner, adhering to trade standards. c. Sufficient trained technicians to ensure timely job completion. 9. Administrative and Reporting Requirements a. No overnight equipment storage in the right-of-way. b. Accidents or damage to public/private property or utilities must be promptly reported to the City. c. Provide detailed maintenance and repair summaries with quotes for recommended repairs. 10. Contractor Responsibilities a. Costs and Cleanup: Responsible for disposal costs, cleanup, and repairs for any damages caused during work. b. Damages: Responsible for any interruptions or damage to structures, utilities, roads, or landscaping. c. Compliance: Ensure work complies with applicable laws, regulations, and good workmanship practices. B. Personnel The Contractor shall maintain the personnel resources necessary to manage staff and perform the work within this contract. Contractor shall have management staff on site that can communicate in English at all times. C. Permit and Inspection CONTRACTOR shall determine the need, provide any and all paperwork, plans or details required to obtain approved permits and licenses that may be required for work to commence. CONTRACTOR shall acquire all permits and licenses and will comply with laws, and regulations whether state or federal and with all local codes and ordinances when performing work. CONTRACTOR shall be responsible for any applicable fees associated with work requiring permits or inspections. The CONTRACTOR shall be responsible for advising the CITY when a permit or inspection is needed. The CONTRACTOR shall schedule all required inspections from all regulatory agencies. CONTRACTOR shall itemize permit and inspection fees on invoice where applicable. There shall be no mark-up applied to permit and inspection fees. D. Responding to Repairs Request CONTRACTOR shall be contacted by the CITY for work at the facilities listed. CONTRACTOR shall respond to initial contact within four (4) hours. CONTRACTOR shall be on -site within two (2) working days of contact unless otherwise agreed upon with the CITY. E. Qualifications and Experience Offers will be accepted only from Contractors who are qualified to provide the services requested herein. A statement of qualification of the firm and a description of the company history is required. Only Contractors determined to be responsive and responsible shall be considered for evaluation. The City shall examine the documentation submitted in the Proposal to determine the responsiveness of each Proposer. Failure to provide the required information may Page 4 of 10 disqualify any such Proposal as non -responsive and such Proposal may not be considered. The City may disqualify any Proposers that make exaggerated or false statements. Contractor shall document experience and certifications of lead personnel completing projects of similar scope. Contractor shall have a minimum of five (5) years of experience in providing Plumbing Services in Broward, Miami -Dade or Palm beach county. Responsiveness The factors to be considered in determining the responsiveness of each Proposer include but are not limited to the following: a. Completion, accuracy, and submission of all required documentation including Price Sheet and Pricing Proposal Table. b. Compliance with all requirements of the Request for Informal Quote. c. Accuracy of mathematical calculations. Responsibility The factors to be considered in determining the responsibility of a Proposer shall include but not be limited to the following: a. Proposer's past experience and performance on comparable contracts. b. Availability of appropriate material, equipment, facility and personnel resources and expertise, or the ability to obtain them, to complete the project. F. Licenses Contractor must be fully licensed with all required State and/or Local government licenses and permits. G. References Contractor shall provide a list of at least three (3) references in Table 3 for which the Contractor has provided similar product and services. References are to include Contact Person, Equipment Serviced, and Work Description. Contractor is responsible for accuracy of contact and telephone numbers provided. PART 2 — EXECUTION 2.1. Methods It is the responsibility of the Contractor to develop the methodology, material and equipment used to obtain the results specified for each job. The Contractor shall: 1. At no time utilize methods that will result in damage to the operation of the electrical, mechanical and structural systems of the facility. 2. The Contractor shall follow all applicable municipal, county, state, and federal standards in performing all work. 3. Follow applicable OSHA Safety Standards. 4. All work shall conform to manufacturer requirements, and applicable trade standards. 2.2. Discovery During Work At the time of conducting any work, Contractor agrees to do minor work and repairs, related or unrelated to the work, which in his judgment are necessary. The Contractor shall notify the City for authorization prior to performing any additional service. Contractor shall provide a list of suggested corrective actions as needed along with an estimated cost of repair. Page 5 of 10 2.3. Supervision and Responsibility The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ an unfit person or anyone not skilled in the Work assigned to him. Subcontractor's whose work is unsatisfactory to the City or who are considered by the City's representative as careless, incompetent, unskilled or disorderly or who use threatening or abusive language to any person shall be dismissed from work upon notice from the City and shall not be employed to perform the Work thereafter. No liquor, alcoholic beverages or drugs shall be allowed on the site of the Work. The Contractor shall operate a drug free workplace. 2.4. Uniforms Contractor shall provide all employees with color coordinated uniforms that shall meet the City's public image requirements and be maintained by Contractor so that all personnel are neat, clean and professional in appearance at all times. Non -uniform clothing will not be permitted, including for new employees. 2.5. Vehicles Contractor shall keep all vehicles in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 11/ "letters. 2.6. Equipment Safety Contractor shall keep all equipment in an efficient and safe operating condition while performing work under the contract. Equipment shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City may direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the City. The Contractor shall be responsible and liable for injury to persons and property caused by the operation of the equipment. 2.7. Discovery and Notification If the Contractor discovers damages, vandalism or theft, the Contractor shall immediately notify the City of same, and shall file a police report of the occurrence. PART 3— PARTS AND LABOR 3.1. Materials CONTRACTOR must be able to obtain the necessary repair material to perform the required repairs or installation projects. 3.2. Labor and Materials Used in Repairs CONTRACTOR shall furnish adequate number of technicians and materials used in performing any repairs. Cost of labor and materials shall be included in a proposal accepted by the CITY before work commences. CONTRACTOR shall document labor hours per technician performing repair and provide itemized invoice showing materials used. 3.3. Material Percentage Mark-up or Discount All materials for services under this Agreement will be purchased at cost plus applicable mark- up/discount. All percentages shall be firm for the duration of the contract. Page 6 of 10 Parts pricing shall be documented with appropriate proof of cost, such as Dealer Invoice or Catalog Price and shall be included as backup for any Repair Invoice. Mark-up will reimburse the CONTRACTOR for taxes and delivery. Mark-up for materials shall not exceed the level proposed in Table 2 — Bid Table. The CITY reserves the right to furnish materials and equipment or purchase materials and equipment directly from suppliers and have the CONTRACTOR utilize for services under this Agreement. 3.4.Invoicing The CITY shall process invoice only after work has been completed. Submittal of field technician report is required for processing of invoice. PART 4 - WARRANTY 4.1. The Contractor warrants to the Owner and Consultant that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be free from defects not inherent in the quality required or permitted; and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the Owner's name and for its sole benefit. 4.2. The Contractor shall guarantee the equipment and systems to be free of defects in design, equipment, and workmanship for a period of one year from the date of acceptance. Page 7 of 10 Request for Quotation RFQT 25-002: Plumbing Services TABLE 2 — BID TABLE Proposed cost shall include all labor, supervision, materials, equipment, supplies, tools, transportation, and safety measures to perform Plumbing Services in the City. No. Description Unit Qty. Unit Price Total 1 Standard Job total cost: Clear stoppage at toilet, urinal, sink, or Each 24 shower 275.55 6613.20 2 Standard Job total cost: Replace Flushometer in toilet and urinal Each 12 assembly including spud. 447.10 5365.20 3 Labor rate for Plumbing Services, Standard Business Hours M-F: Hourly 100 8amto5 pm 78.55 7855.00 4 Labor rate for Plumbing Services Non -Standard Business Hours Hourly 20 117.25 1756.00 5 Leak detection First 2 10 170.00 1700.00 Hours 6 Leak detection Hourly 10 78.50 785.00 7 TV Camera of line First 2 10 107.11 1071.10 Hours 8 TV Camera of line Hourly 10 52.50 525.00 9 Jet washing Line First 2 20 Hours 382.50 7650.00 10 Jet washing line Hourly 20 177.50 3550.00 11 Backflow Inspections plus recording fee Less 1 than 2" 50.00 50.00 12 Backflow Inspections plus recording fees Greater 1 than 2" 150.00 150.00 13 Allowance for Direct Material 1 $5,000 $5,000 14 Markup on Direct Material (limited to 10% Max.) (e.g. $5,000 x % 5% _ $250 7.5 375.00 Grand Total 43,034.50 Forty thousand four hundred forty five dollars fifty cents Grand Total Amount (Written in words) PIF CONSTRUCTION GROUP INC Name of Contractor Signature MYKHAiLO POTOMKIN, PRESIDENT Printed Name and Title 04/10/2025 Date Page 8 of 10 TABLE 3 — CONTRACTOR QUALIFICATIONS ORGANIZATION: PIF CONSTRUCTION GROUP ADDRESS: 2999 NE 191st St ste 709B Aventura FL 33180 PHONE: 305 904 3727 EMAIL: main@pifconstructiongroup.com 1. Years your organization has been in business as a Contractor? 4 2. Years your organization has been in business under its present business name? 4 3. If a corporation, answer the following: a. Date of incorporation b. State of incorporation: 09/30/2021 FLORI DA c. President's name: MYKHAILO POTOMKIN List licenses, certifications and county/municipal Business Tax Receipt (BTR) in which your organization is legally qualified to do business. Indicate registration or license numbers, if applicable. List type of Miami -Dade County Certificate of Competency and number where applicable. Attach copies of each. Type of License # Expires General Contractor License CGC1537165 AUGUST 31, 2026 Building Contractor License CBC1267762 AUGUST 31, 2026 Plumbing Contractor License CFC1433223 AUGUST 31, 2026 LBT 7382231 SEPTEMBER 30, 2025 Page 9 of 10 Owner/Agency TABLE 4 - REFERENCES Location WINSTON TOWERS 300 1 230 174TH, SUNNY ISLES BEACH Contact Person Phone: Email LEV SOLODOVNIK (860)250-7663 levsolo@gmail.com Work Description POOL DECK RENOVATION, FULL DRAINAGE SYSTEM RENOVATION FOR POOL DECK PUBLIC BATHROOMS FOR LOBBY AND POOL AREAS Owner/Agency Location WINSTON TOWERS 100 250 174TH, SUNNY ISLES BEACH Contact Person Phone: I Email LEV SOLODOVNIK 1 (860)250-7663 1 levsolo@gmail.com Work Description ALL PLUMBING WORK WITHIN THE BUILDING, CHANGE OF COPPER 5" PIPE WITH VICTAULIC FITTINGS, LAUNDRY ROOMS WORK, DRAIN SYSTEMS RENOVATION, ALL PUBLIC BATHROOMS RENOVATION Owner/Agency Location Robert Sukhman, I HEART MAC N CHEESE Wellington & Coral Springs, FL Contact Person Phone: Email Robert Sukhman robert@iheartmacandcheesewellington.com Work Description ALL PLUMBING WORK FOR A RESTAURANT, UNDERGROUND PIPING, APPLIANCE CONNECTIONS, WATERMETER AND BACKFLOW ASSEMBLY. Page 10 of 10 CITY OF AVENTURA PURCHASE ORDER TERM AND CONDITIONS The following Terms and Conditions are applicable to this order entered into by and between City of Aventura (referred to as the "City") and Vendor. 1. MODIFICATIONS This purchase order form ("Order") and any other document pertaining to this transaction that has been acknowledged in writing by the City Manager constitute the complete and exclusive statement of this Order. Accordingly, no modification or amendment shall be binding upon the City unless signed by the City Manager. 2. CITY ATTORNEY APPROVAL The City Attorney has approved these standard terms and conditions as to form and legality. Accordingly, no modification of these terms and conditions shall be binding upon the City unless they are endorsed and approved by the City Attorney. In the event of a conflict between these terms and conditions and any other documents pertaining to the transaction covered by this Order, these terms and conditions shall prevail. 3. INVOICING Vendor must render original invoice to the City of Aventura, Accounts Payable, 19200 West Country Club Drive, Aventura, FL 33180. 4. TIME PERIOD FOR PAYMENT By accepting this Order, the Vendor agrees that payment terms shall be Net 30 unless otherwise stated. 5. PAYMENT CHANGES Payments shall be made only to the company and address as set forth on the Order unless the Vendor has requested a change thereto on official company letterhead, signed by an authorized officer of the company. }, 6. F.O.B. In those cases where F.O.B. point is not Destination, Vendor is required to prepay freight charges and list separately on the invoice. Collect shipments will not be accepted. x w 7. PAYMENT METHODS Payment shall be made to Vendor in accordance with the Local Government Prompt Payment Act as stipulated in Part VI of Chapter 218, FL Statutes, by check, card, funds transfer or other method as determined by the City in its sole discretion. 8. TAX The City of Aventura is exempt from Federal and State taxes for tangible personal property. Vendors doing business with the City, which are not otherwise exempt, shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor be authorized to use the City Tax Exemption Number in securing such materials. 9. RESPONSIBILITY The City is not responsible for any goods delivered or services performed unless covered by a duly signed and authorized City of Aventura Purchase Order. 10. DELIVERIES Deliveries are to be made during the hours of 9:00 AM to 3:00 PM, Monday through Friday, excluding holidays, unless otherwise stipulated. Vendor shall notify the City of deliveries that require special handling and/or assistance for off-loading. In the event that Vendor fails to notify City of the requirement for this type of delivery, City shall not be responsible for any add -on redelivery, storage or handling charges. 11. INSPECTION All commodities delivered on this Order are subject to inspection upon receipt by a representative of the City. All rejected commodities shall remain the property of the Vendor and will be returned at the Vendor's expense. Page 1 of 3 12. QUANTITIES Quantities specified in the Order cannot be changed without City approval in writing. Goods shipped in excess of quantity designated may be returned at the Vendor's expense. 13. UNIFORM COMMERCIAL CODE Florida law, including without limitation the Uniform Commercial Code (Chapter 670-680, Florida Statutes), shall apply to and supplement the terms and conditions of this Order. 14. LEGAL RESPONSIBILITY By accepting this Order, Vendor understands and agrees that the items covered herein, or services to be rendered, shall be manufactured, sold or performed in compliance with applicable Federal, State, County and Local laws, ordinances, rules and regulations. Lack of knowledge by the Vendor shall in no way be a cause for relief from responsibility. 15. COMPLIANCE WITH LAWS Vendor shall fully obey and comply with all laws, ordinances and administrative regulations duly made in accordance therewith, which are or shall become applicable to this Order or the performance of work hereunder. 16. MATERIAL INSTALLATION All materials shall be installed in accordance with manufacturer's specifications. 17. PAYMENT FOR MATERIALS The City shall only pay for materials satisfactorily incorporated into the work/project and shall not pay for materials stored at the work/project site or elsewhere. 18. EXCUSABLE DELAYS The City may grant additional time for any delay or failure to perform hereunder if the delay will not adversely impact the best interests of the City and is due to causes beyond the control of the Vendor. Such grant must be in writing and made part of the Order. 19. TERMINATION City, acting through its City Manager or designee, reserves the right to terminate this Order in whole or in part for default {a) if Vendor fails to perform in accordance with any of the requirements of this Order, or (b) if Vendor becomes insolvent or suspends any of its operations or if any petition is filed or proceeding commenced by or against Vendor under any State or Federal Law relating to bankruptcy, reorganization, receivership or assignment for the benefit of creditors. Any such termination will be without liability to City except for completed items delivered and accepted by the City. Vendor will be liable for excess costs of re - procurement. In the event of default by the Vendor, City may procure the articles or services covered by this Order from other sources and hold the Vendor responsible for any excess costs occasioned thereby, in addition to all other available remedies at !aw or equity. 20. INDEMNIFICATION Vendor shall indemnify, hold harmless and, at City's option, pay for an attorney selected by the City, to defend the City, and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, for (a) demands and claims for persona! injury, bodily injury, sickness, diseases or death or damage or destruction of tangible property, arising out of any errors, omissions, misconduct or negligent acts, of Vendor, its officials, agents, employees or subcontractors arising out of this Order, whether direct or indirect and from and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, damages of every kind and nature, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and investigation thereof and for {b) demands and claims sought by third parties related to any alleged breach of any non -competition of similar provisions. Vendor shall indemnify City, and any of its officers, agents, servants and employees, for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement by Vendor of any patent, trademark, copyright, trade secret or other proprietary right relating to services or goods furnished Page 2 of 3 I 4_0 X w pursuant to this Order. Vendor will defend and/or settle at its own expense any action brought against the City and any of its officers, agents, servants and employees, to the extent that it is based on a claim that products or services furnished to City by Vendor pursuant to this Order, or if any portion of the services or goods related to the performance of the service become unusable as a result of any such infringement or claim. Vendor acknowledges that specific consideration has been paid or will be paid under this Order for this hold harmless and indemnification provision, and further agrees with the foregoing provisions of indemnity and with the collateral obligation of insuring said indemnity. The provisions of this indemnification section shall survive the expiration or earlier termination of this Order. To the extent considered necessary by the City Manager and the City Attorney, any sums due Vendor under this Order may be retained by City until all of City's claims for indemnification pursuant to this Order have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 21. INSURANCE The Vendor of services must have secured and maintained insurance in the amount of at least $1,000.000 for general and $500,000 for automobile liability limits, and must list the City as an additional insured on this coverage. The Vendor must have worker's compensation coverage as required by law. Any exception to the above stated limits or other requirements must be endorsed and approved in writing by the City Manager. 22. ANTI -DISCRIMINATION Vendor shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for disqualification. 23. APPLICABLE LAW AND VENUE- ATTORNEYS' FEES AND COSTS This Order shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to, this Order. Venue for any action to enforce or related to this Order shall be in Miami -Dade County, Florida, only. The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Order. The parties understand and agree that this waiver is a material contract term. This Order is not subject to arbitration. If any party is required to enforce the terms of this Order by court proceedings or otherwise, whether or not formal legal action is required, each party shall pay its own attorney's fees and costs. 24. PUBLICITY No endorsement by the City of the product and/or service will be used by Vendor in any way, manner or form in product literature, advertising, or for any other purpose. 25. ACCEPTANCE Vendor's acceptance of all of the terms and conditions contained in this Order will be presumed unless Vendor acknowledges exception, in writing, to the City prior to the earlier of (a) ten calendar days after date of the Order or {b) the first performance by either party of any obligations under this Order. 26. REPRESENTATIVE All parties to this Order agree that the representatives named herein possess full and complete authority to bind the parties. 27. ASSIGNMENT Any assignment of this Order or the performance of work hereunder, in whole or in part, is prohibited. 28. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted in any fiscal year for payments due under this Order, then the City, upon written notice to Vendor of such occurrence, shall have the unqualified right to terminate this Order without any penalty or expense to the City. Page 3 of 3 I 4_0 X w Request for Quotation RFQT 25-002: Plumbing Services Posted: April 4, 2024 Dee Date: Friday, April 18, 2025 at 3:00 PM Contractor shall submit the following for the price quote to be accepted: a) Table 1 - Price Sheet b) Table 2 - Bid Table c) Table 3 - Qualifications d) Table 4 -References TABLE 1 - PRICE SHEET Project Name: Plumbing Services Scope of Work: Quotes shall be accepted from qualified and experienced Contractor to furnish labor, supervision, equipment, supplies, tools, and materials to perform Plumbing Services at various locations in the City of Aventura. Work includes repairs, installations, and modification to city owned buildings and parks facilities. The general scope of work includes but is not limited to clearing blockages, replacing fixtures, repairs to toilets, sinks, urinals, showers, water fountains, and general plumbing activities at facilities. Name of Contractor: Address of Contractor: Phone Number and E-mail of Contractor: Authorized Contractor Re resentative: Signature: Date Bid Quote Grand Total: The work shall be in accordance with the project documents attached herein: a) Summary of Work and b) Terms and Conditions of the City of Aventura Purchase Order (Exhibit A), attached. A6,V 1in CUIg5 t�E 16 �l0__e� 305-651-3031 +fpadinolu,-A, 4-4-2 _ V, P L. b Page 1 of 10 Request for Quotation RFQT 25-002: Plumbing Services SUMMARY OF WORK PART 1 — GENERAL 1.1. Instructions A. Contractors submitting the bid should include the attached Table 1 — Price Sheet with their bid. Bids are due on Due Date: Friday, April 18, 2025 at 3:00 PM. Quotes should be sent by email to pwbids@cityofaventura.com or uploaded to Demand5tar.com. B. Questions regarding this quotation can be submitted by email to owbidsQcityofaventura.com. C. All the requirements stated herein and the attached Terms and Conditions of the City of Aventura Purchase Order shall apply. D. The City reserves the right to: i. Award all or a portion of the services as determined to be in the best interest of the City. ii. Award to one or more than one proposer as determined to be in the best interest of the City. iii. Reject any or all submittals if found not to be in the best interest of the City. 1.2. Location of Work The work is located at various locations throughout the City of Aventura listed below. No. Facility Name Address Function 1 Government Center 19200 W Country Club Dr. Administration/Police 2 Government Center 19200 W Country Club Dr. Parking Garage Garage 3 Community Recreation 3375 NE 188th St Administration/Recreational Center 4 ACES - Elementary 3333 NE 188th St. Elementary School School 5 ACES - Middle School 3333 NE 188th St. Middle School 6 Arts & Cultural Center 3385 NE 188th St. Recreational 7 Waterways Park 3301 NE 213 St. Recreational 8 Waterways Dog Park 3301 NE 213 St. Recreational 9 Founders Park 3105 NE 190 St Recreational 10 Founders Park South 3106 NE 190 St Recreational 11 Peace Park 3200 NE 188 St Recreational 12 Veterans Park 18375 NE 31 st Ave. Recreational 1.3. Description of Work A. General 1. Scope of Work: The Contractor shall provide all labor, supervision, materials, equipment, supplies, tools, transportation, and safety measures necessary for Page 2 of 10 vo plumbing services at various locations in the City of Aventura. Tasks include, but are not limited to: • Clearing blockages. • Replacing fixtures. • Repairing toilets, sinks, urinals, showers, and water fountains. • Conducting general plumbing activities at City facilities. 2. Billing and Invoicing: Jobs shall be invoiced as: a. Standard Jobs: Fixed charges as proposed in the Bid Table. b. Time and Material: Based on labor and materials utilized. 3. Standard Job Descriptions a. Clearing Blockages: Includes stoppage removal from toilets, urinals, sinks, or showers. Fixed charges (Bid Table item #1) include labor and standard equipment use. Repairs or replacement of defective components are itemized separately. b. Replacing Vacuum Breakers: Includes replacement in toilet and urinal assemblies. Fixed charges (Bid Table item #2) cover all labor and materials. Repairs or replacement of other components are itemized separately. 4. Routine Plumbing and Repair Work: Routine tasks may include: a. Working on fresh water lines, drain/waste/vent lines. b. Repairing toilets, urinals, kitchen and bathroom sinks. c. Servicing hot water heaters, showers, and related components. d. Clearing blacked wastewater service laterals. 5. Additional Repair and Maintenance a. Minor adjustments or repairs for proper plumbing system operation. b. Authorization from the City required for additional services or parts beyond basic repairs. 6. Safety and Environmental Precautions a. Protect surrounding landscaping and repair any damages at no cost to the City. b. Maintain a clean, hazard -free worksite, removing waste and hazardous materials. c. Comply with all laws and regulations regarding hazardous waste disposal and provide transportation manifests upon request. d. Control vehicles and tools to prevent interference with site equipment. 7. Use of Equipment a. Rental Equipment: Contractor responsible for rental costs and operation in compliance with safety standards. Itemized fees must be included on invoices without markup. b. Special Equipment: Authorization required for use (e.g., smoke machines, camera systems, vacuum trucks). Charges for equipment usage must be itemized without markup. 8. Labor and Professional Standards a. Labor hours calculated from technician's arrival to completion of cleanup. Page 3 of 10 � W, b. All work performed by skilled professionals in a workmanlike manner, adhering to trade standards. c. Sufficient trained technicians to ensure timely job completion. 9. Administrative and Reporting Re uirements a. No overnight equipment storage in the right-of-way. b. Accidents or damage to public/private property or utilities must be promptly reported to the City. c. Provide detailed maintenance and repair summaries with quotes for recommended repairs. 10. Contractor Responsibilities a. Costs and Cleanup: Responsible for disposal costs, cleanup, and repairs for any damages caused during work. b. Damages: Responsible for any interruptions or damage to structures, utilities, roads, or landscaping. c. Compliance: Ensure work complies with applicable laws, regulations, and good workmanship practices. B. Personnel The Contractor shall maintain the personnel resources necessary to manage staff and perform the work within this contract. Contractor shall have management staff on site that can communicate in English at all times. C. Permit and Inspection CONTRACTOR shall determine the need, provide any and all paperwork, plans or details required to obtain approved permits and licenses that may be required for work to commence. CONTRACTOR shall acquire all permits and licenses and will comply with laws, and regulations whether state or federal and with all local codes and ordinances when performing work. CONTRACTOR shall be responsible for any applicable fees associated with work requiring permits or inspections. The CONTRACTOR shall be responsible for advising the CITY when a permit or inspection is needed. The CONTRACTOR shall schedule all required inspections from all regulatory agencies. CONTRACTOR shall itemize permit and inspection fees on invoice where applicable. There shall be no mark-up applied to permit and inspection fees. D. Responding to Repairs Request CONTRACTOR shall be contacted by the CITY for work at the facilities listed. CONTRACTOR shall respond to initial contact within four (4) hours. CONTRACTOR shall be on -site within two (2) working days of contact unless otherwise agreed upon with the CITY. E. Qualifications and Experience Offers will be accepted only from Contractors who are qualified to provide the services requested herein. A statement of qualification of the firm and a description of the company history is required. Only Contractors determined to be responsive and responsible shall be considered for evaluation. The City shall examine the documentation submitted in the Proposal to determine the responsiveness of each Proposer. Failure to provide the required information may Page 4 of 10 M disqualify any such Proposal as non -responsive and such Proposal may not be considered. The City may disqualify any Proposers that make exaggerated or false statements. Contractor shall document experience and certifications of lead personnel completing projects of similar scope. Contractor shall have a minimum of five (5) years of experience in providing Plumbing Services in Broward, Miami -Dade or Palm beach county. Responsiveness The factors to be considered in determining the responsiveness of each Proposer include but are not limited to the following: a. Completion, accuracy, and submission of all required documentation including Price Sheet and Pricing Proposal Table. b. Compliance with all requirements of the Request for Informal quote. c. Accuracy of mathematical calculations. Responsibility The factors to be considered in determining the responsibility of a Proposer shall include but not be limited to the following: a. Proposer's past experience and performance on comparable contracts. b. Availability of appropriate material, equipment, facility and personnel resources and expertise, or the ability to obtain them, to complete the project. F. Licenses Contractor must be fully licensed with all required State and/or Local government licenses and permits. G. References Contractor shall provide a list of at least three (3) references in Table 3 for which the Contractor has provided similar product and services. References are to include Contact Person, Equipment Serviced, and Work Description. Contractor is responsible for accuracy of contact and telephone numbers provided. PART 2 — EXECUTION 2.1. Methods It is the responsibility of the Contractor to develop the methodology, material and equipment used to obtain the results specified for each job. The Contractor shall: 1. At no time utilize methods that will result in damage to the operation of the electrical, mechanical and structural systems of the facility, 2. The Contractor shall follow all applicable municipal, county, state, and federal standards in performing all work. 3. Follow applicable OSHA Safety Standards. 4. All work shall conform to manufacturer requirements, and applicable trade standards. 2.2. Discovery During Work At the time of conducting any work, Contractor agrees to do minor work and repairs, related or unrelated to the work, which in his judgment are necessary. The Contractor shall notify the City for authorization prior to performing any additional service. Contractor shall provide a list of suggested corrective actions as needed along with an estimated cost of repair. Page 5 of 10 2.3. Supervision and Responsibility The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ an unfit person or anyone not skilled in the Work assigned to him. Subcontractor's whose work is unsatisfactory to the City or who are considered by the City's representative as careless, incompetent, unskilled or disorderly or who use threatening or abusive language to any person shall be dismissed from work upon notice from the City and shall not be employed to perform the Work thereafter. No liquor, alcoholic beverages or drugs shall be allowed on the site of the Work. The Contractor shall operate a drug free workplace. 2.4. Uniforms Contractor shall provide all employees with color coordinated uniforms that shall meet the City's public image requirements and be maintained by Contractor so that all personnel are neat, clean and professional in appearance at all times. Non -uniform clothing will not be permitted, including for new employees. 2.5. Vehicles Contractor shall keep all vehicles in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 1'/z "letters. 2.6. Equipment Safety Contractor shall keep all equipment in an efficient and safe operating condition while performing work under the contract. Equipment shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City may direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the City. The Contractor shall be responsible and liable for injury to persons and property caused by the operation of the equipment. 2.7. Discovery and Notification If the Contractor discovers damages, vandalism or theft, the Contractor shall immediately notify the City of same, and shall file a police report of the occurrence. PART 3— PARTS AND LABOR 3.1. Materials CONTRACTOR must be able to obtain the necessary repair material to perform the required repairs or installation projects. 3.2. Labor and Materials Used in Repairs CONTRACTOR shall furnish adequate number of technicians and materials used in performing any repairs. Cost of labor and materials shall be included in a proposal accepted by the CITY before work commences. CONTRACTOR shall document labor hours per technician performing repair and provide itemized invoice showing materials used. 3.3. Material Percentage Mari[ -up or Discount All materials for services under this Agreement will be purchased at cost plus applicable mark- up/discount. All percentages shall be firm for the duration of the contract. Page 6 of 10 r Parts pricing shall be documented with appropriate proof of cost, such as Dealer Invoice or Catalog Price and shall be included as backup for any Repair Invoice. Mark-up will reimburse the CONTRACTOR for taxes and delivery. Mark-up for materials shall not exceed the level proposed in Table 2 — Bid Table. The CITY reserves the right to furnish materials and equipment or purchase materials and equipment directly from suppliers and have the CONTRACTOR utilize for services under this Agreement. 3.4.Invoicing The CITY shall process invoice only after work has been completed. Submittal of field technician report is required for processing of invoice. PART 4 - WARRANTY 4.1. The Contractor warrants to the Owner and Consultant that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents-, that the Work will be free from defects not inherent in the quality required or permitted; and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the Owner's name and for its sole benefit. 4.2. The Contractor shall guarantee the equipment and systems to be free of defects in design, equipment, and workmanship for a period of one year from the date of acceptance. Page 7 of 10 M. Request for Quotation RFQT 25-002: Plumbing Services TABLE 2 — BID TABLE Proposed cost shall include all labor, supervision, materials, equipment, supplies, tools, transportation, and safety measures to perform Plumbing Services in the City. No. Description Unit MY. Unit Price Total 1 Standard Job total cost: Clear stoppage at toilet, urinal, sink, or Each 24 X2S 00 shower 2 Standard Job total cost: Replace Flushometer in toilet and urinal Each 12 assembly including spud, Lical1 60 zo 3 Labor rate for Plumbing Services, Standard Business Hours M-F: Hourly 100 8amto5 m IDS �1r Is dQ `�� 4 Labor rate for Plumbing Services Non -Standard Business Hours Hourly 20 4 25 V, Soo. 5 Leak detection First 2 10 Hours 5 DO.OD 5, 000. OD P7E Leak detection Hourly 10 ZJ S . 00 2 150 -ob TV Camera of line First 2 10 Hours 5 Lib . od r3 6 8 TV Camera of fine Hourly 1 o Z l5. oU 2.1 S76 , or_7 9 Jet washing Line First 2 20 Hours 5 00. oo 5, L%O . o0 10 Jet washing line Hourly 20 2-Moo Z 15606 11 Backflow Inspections plus recording fee Less 1 than 2" 2 25' oo 7.25. 00 12 Backflow Inspections plus recording fees Greater 1 3 Z$ oc} ZS • DU than 2" 13 Allowance for Direct Material 1 $5,000 $5,000 14 Markup on direct Material (limited to 10% Max.) (e.g. $5,000 x °i° 5% = $250 �,t] r J SOoo . SOD -co Grand Total ct 1, 2U — -�'C Grand Tota f 4- Amount (Written in words) C, A'o Name of Contractor Signature r j L/ { I ka-,Y- PrintedejwaWj TW6.t Name and Title `l- lD —2-5— Date In Page 8 of 10 TABLE 3 - CONTRACTOR QUALIFICATIONS ORGANIZATION: �Aad v. V ki A,, ADDRESS: ago I qS fJ IF 16 'PI a LL2=� MuA-� 6 a &na,� R .3 3 / 7� PHONE: 3y�'65Z-�3I EMAIL- 1 . Years your organization has been in business as a Contractor? 24u�s 2. Years your organization has been in business under its present business name? 3. If a corporation, answer the following: a. Date of incorporation: b. State of incorporation c. President's name: L Mir a List licenses, certifications and county/municipal Business Tax Receipt (BTR) in which your organization is legally qualified to do business. Indicate registration or license numbers, if applicable. List type of Miami -Dade County Certificate of Competency and number where applicable. Attach copies of each. Type of License �{U � be # C-F a ` 8,1 9,�, Expires p _ 31 -2-04 6 I63q� 3-5- µ ei,►, laje 13 �. 2621 10 3o -2o7S-- page 9 of 10 TABLE 4 - REFERENCES Owner/Agency Location ESQ' --f;"Juro haqs M i at µi G7 cje BraU),dd Contact Person Phone: Email ?5,fo -)i� -51d0 A f @ L*tJe V neSA dam Work Description Owner/Agency Location AU IMic,&tl bAde 4 J3Fdw&.,(d �u.n Contact Person TPhone: Email $r,l w^ Ox-o n n d-o i-3ol -s72 sr-iw., Ginn o-6bj 12.3. Com Work Description Owner/Agency Location Contact Person Phone: Email Shawn 305-62o-31q -Jones,Shawn�)fF5, Work Description Q1Vm ir�cr Se-fvr&� a- to-fChir im Page 10of10 CITY OF AVENTURA PURCHASE ORDER TERM AND CONDITIONS The following Terms and Conditions are applicable to this order entered into by and between City of Aventura (referred to as the "City") and Vendor. 1. MODIFICATIONS This purchase order form ("Order") and any other document pertaining to this transaction that has been acknowledged in writing by the City Manager constitute the complete and exclusive statement of this Order. Accordingly, no modification or amendment shall be binding upon the City unless signed by the City Manager. 2. CITY ATTORNEY APPROVAL The City Attorney has approved these standard terms and conditions as to form and legality. Accordingly, no modification of these terms and conditions shall be binding upon the City unless they are endorsed and approved by the City Attorney. In the event of a conflict between these terms and conditions and any other documents pertaining to the transaction covered by this Order, these terms and conditions shall prevail. 3. INVOICING Vendor must render original invoice to the City of Aventura, Accounts Payable, 19200 West Country Club Drive, Aventura, FL 33180. 4, TIME PERIOD FOR PAYMENT By accepting this Order, the Vendor agrees that payment terms shall be Net 30 unless otherwise stated. 5. PAYMENT CHANGES Payments shall be made only to the company and address as set forth on the Order unless the Vendor has requested a change Q thereto on official company letterhead, signed by an authorized officer of the company. 4_0 6. F.D.B. T5 In those cases where F.O.B. point is not Destination, Vendor is required to prepay freight charges and list separately on the = invoice. Collect shipments will not be accepted. X 7. PAYMENT METHODS w Payment shall be made to Vendor In accordance with the Local Govemment Prompt Payment Act as stipulated in Part VII of Chapter 218, FL Statutes, by check, card, funds transfer or other method as determined by the City in Its sole discretion. 8. TAX The City of Aventura is exempt from Federal and State taxes for tangible personal property. Vendors doing business with the City, which are not otherwise exempt, shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor be authorized to use the City Tax Exemption Number in securing such materials. 9. RESPONSIBILITY The City is not responsible for any goods delivered or services performed unless covered by a duly signed and authorized City of Aventura Purchase Order. 10. DELIVERIES Deliveries are to be made during the hours of 9:00 AM to 3:00 PM, Monday through Friday, excluding holidays, unless otherwise stipulated. Vendor shall notify the City of deliveries that require special handling and/or assistance for off-loading. in the event that Vendor fails to notify City of the requirement for this type of delivery, City shall not be responsible for any add -on redelivery, storage or handling charges. 11. INSPECTION All commodities delivered on this Order are subject to inspection upon receipt by a representative of the City. All rejected commodities shall remain the property of the Vendor and will be returned at the Vendor's expense. Page 1 of 3 M 12. QUANTITIES Quantities specified in the Order cannot be changed without City approval in writing. Goods shipped in excess of quantity designated may be returned at the Vendor's expense. 13. UNIFORM COMMERCIAL CODE Florida law, including without limitation the Uniform Commercial Code (Chapter 670-680, Florida Statutes), shall apply to and supplement the terms and conditions of this Order. 14. LEGAL RESPONSIBILITY By accepting this Order, Vendor understands and agrees that the items covered herein, or services to be rendered, shall be manufactured, sold or performed in compliance with applicable Federal, State, County and Local laws, ordinances, rules and regulations. Lack of knowledge by the Vendor shall in no way be a cause for relief from responsibility. 15. COMPLIANCE WITH LAWS Vendor shall fully obey and comply with all laws, ordinances and administrative regulations duly made in accordance therewith, which are or shall become applicable to this Order or the performance of work hereunder. 16. MATERIAL INSTALLATION All materials shall be installed in accordance with manufacturer's specifications. 17. PAYMENT FOR MATERIALS The City shall only pay for materials satisfactorily incorporated into the work/project and shall not pay for materials stored at the work/project site or elsewhere. 18. EXCUSABLE DELAYS The City may grant additional time for any delay or failure to perform hereunder If the delay will not adversely impact the best interests of the City and is due to causes beyond the control of the Vendor. Such grant must be in writing and made part of the Order. 19, TERMINATION City, acting through its City Manager or designee, reserves the right to terminate this Order in whole or in part for default fa) if Vendor fails to perform in accordance with any of the requirements of this Order, or (b) if Vendor becomes insolvent or suspends any of its operations or if any petition is filed or proceeding commenced by or against Vendor under any State or Federal Law relating to bankruptcy, reorganization, receivership or assignment for the benefit of creditors. Any such termination will be without liability to City except for completed items delivered and accepted by the City. Vendor will be liable for excess costs of re - procurement. In the event of default by the Vendor, City may procure the articles or services covered by this Order from other sources and hold the Vendor responsible for any excess costs occasioned thereby, in addition to all other available remedies at !aw or equity. 20. INDEMNIFICATION Vendor shall indemnify, hold harmless and, at City's option, pay for an attorney selected by the City, to defend the City, and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys' fees, for (a) demands and claims for persona! injury, bodily injury, sickness, diseases or death or damage or destruction of tangible property, arising out of any errors, omissions, misconduct or negligent acts, of Vendor, its officials, agents, employees or subcontractors arising out of this Order, whether direct or indirect and from and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, damages of every kind and nature, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and investigation thereof and for f b) demands and claims sought by third parties related to any alleged breach of any non -competition of similar provisions. Vendor shall indemnify City, and any of its officers, agents, servants and employees, for all loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement by Vendor of any patent, trademark, copyright, trade secret or other proprietary right relating to services or goods furnished Page 2 of 3 4 X w A 9 1 pursuant to this Order. Vendor will defend and/or settle at its own expense any action brought against the City and any of its officers, agents, servants and employees, to the extent that it is based on a claim that products or services furnished to City by Vendor pursuant to this Order, or if any portion of the services or goods related to the performance of the service become unusable as a result of any such infringement or claim. Vendor acknowledges that specific consideration has been paid or will be paid under this Order for this hold harmless and indemnification provision, and further agrees with the foregoing provisions of indemnity and with the collateral obligation of insuring said indemnity. The provisions of this indemnification section shall survive the expiration or earlier termination of this Order. To the extent considered necessary by the City Manager and the City Attorney, any sums due Vendor under this Order may be retained by City until all of City's claims for indemnification pursuant to this Order have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 21. INSURANCE The Vendor of services must have secured and maintained insurance in the amount of at least $1,000.000 for general and $500,000 for automobile liability limits, and must fist the City as an additional insured on this coverage. The Vendor must have worker's compensation coverage as required by law. Any exception to the above stated limits or other requirements must be endorsed and approved in writing by the City Manager. 22. ANTI -DISCRIMINATION Vendor shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color. gender, sexual orientation, national origin, marital status, ,physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for disqualification. 23. APPLICABLE LAW AND VENUE. ATTORNEYS' FEES AND COSTS This Order shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to, this Order. Venue for any action to enforce or related to this Order shall be in Miami -Dade County, Florida, only, The parties expressly waive all rights to trial by jury for any disputes arising from or in any way connected with this Order. The parties understand and agree that this waiver is a material contract term. This Order is not subject to arbitration. If any party is required to enforce the w terms of this Order by court proceedings or otherwise, whether or not formal legal action is required, each party shall pay its own attorney's fees and costs. 24. PUBLICITY No endorsement by the City of the product and/or service will be used by Vendor in any way, manner or form in product literature, advertising, or for any other purpose. 25. ACCEPTANCE Vendor's acceptance of all of the terms and conditions contained in this Order will be presumed unless Vendor acknowledges exception, in writing, to the City prior to the earlier of (a) ten calendar days after date of the Order or (b) the first performance by either party of any obligations under this Order, 26. REPRESENTATIVE All parties to this Order agree that the representatives named herein possess full and complete authority to bind the parties. 27. ASSIGNMENT Any assignment of this Order or the performance of work hereunder, in whole or in part, is prohibited. 28. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted in any fiscal year for payments due under this Order, then the City, upon written notice to Vendor of such occurrence, shall have the unqualified right to terminate this Order without any penalty or expense to the City. Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM Bryan Pegues, City Manager 1 BY- Robert Meyers, City Attorney 76j< DATE: May 2, 2025 SUBJECT: Resolution Amending the Order of the Agenda Items at City Commission Meetings May 6, 2025 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the attached Resolution to change the order of agenda items to enable members of the City Commission to give their reports prior to the Special Presentations agenda item. BACKGROUND The City Commission adopted Resolution No. 96-18 to establish comprehensive Commission meeting and agenda procedures. Subsequently, resolutions were passed in 2000, 2001, and 2005 relative to the order of business at City Commission meetings. The assumption is that attendance by the public (either in chambers or virtual) is greatest at the beginning of the meeting. This particular amendment will move Commission Reports to earlier in the meeting (prior to Special Presentations) with the goal of maximizing the members of the public who will hear these reports and announcements from the City Commission. BUDGETARY IMPACT This Resolution has no impact on the City's budget. CITY OF AVENTURA RESOLUTION NO. 2025- WHEREAS, Section 4.01 of the City Charter of the City of Aventura, Florida, provides that the City Commission may establish procedures relative to City Commission meetings and agendas; and WHEREAS, Resolution No. 96-18 established comprehensive Commission meeting and agenda procedures; and WHEREAS, Resolution No, 2000-36, Resolution No. 2001-26 and Resolution No. 2005-15 amended the order of business at City Commission meetings; and WHEREAS, the City Commission is desirous of providing further amendments to the order of the agenda items at Commission meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS THAT: Section 1. Section 2c. of Resolution No. 96-18, as amended by Resolution No. 2000-36, Resolution No. 2001-2001-26, and Resolution No. 2005-15 is hereby further amended to read as follows- C . ORDER OF BUSINESS The order of business of the City Commission at the regular meetings shall be as follows- (1) Call to Order/Roll Call (2) Pledge of Allegiance (3) Agenda (4) Commission Reports 0)(5) Special Presentations {5 (6) Consent Agenda {6-)(7) Zoning Hearings City of Aventura Resolution No. 2025- M(8) Ordinances —First Reading/Public Hearings (&)(9) Ordinances —Second Reading/Public Hearings 40)(10) Resolutions 40)(11) Staff Reports 4 -)(12) Public Comments 42)(13) Other Business 43)(14) Adjournment Section 2. Conflict. All Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict, Section 3. Severability. If any clause, section, or other part of the application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so as not affecting the validity of the remaining portions or applications of this Resolution, Section 4. Effective Date. That this Resolution shall take effect immediately upon its passage and 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 Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Mayor Howard S. Weinberg PASSED AND ADOPTED this 6t" day of May, 2025. Page 2 of 3 City of Aventura Resolution No. 2025- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager% BY: Keven R. Klopp, Community Development Director DATE: May 2, 2025 SUBJECT: Request by Equity One Florida Portfolio LLC to Permit 680 Parking Spaces Where 739 are Required for the Existing Aventura Square Retail Plaza (VAR2409-0001) May 6, 2025 Local Planning Agency Meeting Agenda May 6, 2025 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the request to permit 680 parking spaces where 739 are required to facilitate the redevelopment of Aventura Square Retail, located at 19101 Biscayne Boulevard and legally described in Exhibit "A" (the "Property"). THE REQUEST The applicant, Equity One Florida Portfolio, LLC, is requesting a variance from Section 31-171(b)(12)a.1 of the LDR's to permit 680 parking spaces where 739 are required to allow the redevelopment of Aventura Square Retail (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OF PROPERTY Equity One Florida Portfolio, LLC Equity One Florida Portfolio, LLC Regency Centers L.P. 19101, 19125, 19127, 19135, 19145, 19205, 19225, 19235 and 19275 Biscayne Boulevard. See Exhibit #2 for Location Map. SIZE OF PROPERTY Approximately 10.02 acres LEGAL DESCRIPTION Zoning - Subject Property Properties to the North Properties to the South Properties to the East Properties to the West Existing Land Use — Subject Property Properties to the North Properties to the South Properties to the East Properties to the West Future Land Use — Subject Property Properties to the North Properties to the South Properties to the East Properties to the West Folios- 28-2203-055-0010 f►�:�►�►�ik�il~'�'�iI�kli7 28-2203-055-0040 See Exhibit "A" for Legal Description B2 - Community Business B2 - Community Business U - Utilities B2 - Community Business TC1 — Town Center District B2 - Community Business U - Utilities Retail Retail - Utilities Retail — Mixed Use Hotel Utilities Business and Office Business and Office Town Center Business and Office Industrial and Office The Site — The subject site is an approximate 10.02-acre parcel on the east side of Biscayne Boulevard, between NE 191 Street and NE 192 Street. The Property — The Property is occupied by a plaza with approximately 106,000 square feet of retail space. The adjacent parcel to the east hosts a Marriott hotel, with 166 hotel rooms. Both developments were approved under unified site plan approval 04-SCD-98, last revised on August 30, 1999. This site plan was approved under Miami Dade County zoning code; once the City of Aventura Land Development Regulations (the "LDRs") became effective the development became legally non -conforming. Under Miami Dade County zoning regulations, the development was required to provide 650 parking spaces; the project proposed 671. However, the Aventura LDRs require a total of 718 parking spaces, resulting in a shortfall of 47 spaces. The majority of the additional spaces are needed to meet the LDRs requirement of one parking space per hotel room (166 total), compared to only 103 spaces required under the County code. K The Project — The applicant has requested administrative site plan approval to modify the existing layout of the retail plaza under City File No. SP2409-0001. The updates will feature a new 2,484 square feet building with outdoor seating areas intended to accommodate the existing Starbucks. The modifications require the demolition of an existing +- 700 square feet building on the parcel identified by Folio No.28-2203-055-0030 and elimination of the driveway access from Biscayne Boulevard to this parcel. In addition, 27 parking spaces will be relocated and 9 additional will be created. Further improvements to the entire fagade of the plaza and updates to the landscape to match the upcoming Avenida Biscayne shopping plaza adjacent to the north, are currently being permitted. See Exhibit "3" for the proposed development. Parking Analysis - Section 31-171(b)(12)a.1 requires shopping centers of more than 40,000 square feet of gross leasable area to provide one (1) parking space per 225 square feet of gross leasable area. The proposed modifications will increase the gross leasable area to 123,879 square feet and the outdoor seating areas to 1,616 square feet, requiring 555 parking spaces in total. Section 31-141(b)(4)b regulates parking requirements for hotels, specifying one parking spaces per hotel room and additional spaces for supporting facilities; under these parameters, the hotel is required to provide 184 sparking spaces. The combined properties are required under the City's LDRs to have a total of 739 spaces; the new plan proposes 680. ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This property is located within a Business and Office land use designation. Citizen Comments — Notices were mailed and the property was posted as required by City Code. The Community Development Department has received no written citizen comments to date. 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. A strict application of the current City's parking requirements would result in particular hardship to the Owner as the Property was constructed prior to the City's adoption of its existing parking regulations. 191 (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The existing legal non -conformity is unique to the Property as the Property was constructed prior to the City's incorporation in 1995 and adoption of its parking requirements in 1999. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The hardship is not economic and has not been deliberately created. The Applicant seeks to improve the existing retail facilities and is proposing additional parking spaces as well as improved circulation. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance will not be detrimental to the public welfare. In fact, the development enhances the retail experience for the public. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The granting of the variance will not substantially increase congestion since the increase in square footage is offset by the creation of additional parking spaces. The Project will not diminish property values as enhanced retail establishments tend to positively affect property values. It is recommended that the request for variance approval be granted. CI Kimley»>Horn September 10, 2024 City of Aventura Community Development Department 19200 W Country Club Dr. Aventura, Florida 33180 (305) 466-8940 Re: Letter of Intent Variance Submittal Application Aventura Square Redevelopment 28-2203-055-0030 1 19145 Biscayne Blvd, Aventura, Florida 33180 To Whom This May Concern: This letter of intent aims to inform you of the proposed design and site modifications for the property located at 19215 Biscayne Blvd, Aventura, FL 33180. Our request is to obtain a variance for these modifications. The proposed project design involves constructing a new restaurant and retail building after the demolition of the vacant existing building. This design will also include modifications to the parking lot and utility connections for water, sewer, and drainage systems. We are seeking a variance for the number of required parking spaces. The municipal code mandates 741 parking spaces, but due to limited available space, it is not feasible to meet this requirement. The existing parking design for the complex does not comply with the required number of spaces according to the code. The challenge to meet the requirement is primarily due to the neighboring hotel, which has a separate lot that has proven to provide sufficient parking. However, the code mandates a large amount of additional parking spaces for the size of the hotel that the complex is required to provide. The current parking has proven to be sufficient for the existing conditions, and the construction of the proposed building will not result in a surplus of required parking compared to the existing vacant building. Overall, the proposed design will improve the parking conditions by adding additional spaces. Therefore, we kindly request a variance for this project, as we can only provide 681 spaces. We have been in contact with the City of Aventura Community Development Department to discuss the need for a variance. We are committed to working collaboratively with the department to ensure compliance with all relevant regulations and standards. Thank you for considering our request. We look forward to your response. Kimley»>Horn Should you have any additional questions please do not hesitate to contact me at (772) 794-4152. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC Albert Fasano, P.E. Project Manager Page 2 LOCATION MAP EXHIBIT #: 2 ------------ ,------------ — — — — — � z i m ui� 1 i D 1 < m � 1 VE=2707TH=ST i N;COU,NTR_Y_CLV B=DR MajorRoads _1 Aventura Municipal Boundary w Q z J J 0 J DATE:05/06/2025 AGENDA ITEM(S): 1]6Y0I:i121to] ►1 Property(s): 28-2203-055-0010 28-2203-055-0030 28-2203-055-0040 Existing Zoning: B2 City File No.: VAR2409-0001 y vb- #—. 2A 0 0.25 0.5 1 Miles N I I I I I I I I EXHIBIT "A" Land PARCEL 1: All of Tract A of SUFFER REDLICH PLAT, according to the Plat thereof, as recorded in Plat Book 153, Page 56, of the Public Records of Miami -Dade County, Florida. Less and Except: Beginning at the S.E. corner of sald Tract A, thence along the boundary line of said Tract A for the following described four (4) courses; (1) thence North 2 degrees 51 minutes 49 seconds West for 617.34 feet to a point on the limited access right-of-way line of State Road 852; (2) thence North 56 degrees 51 minutes 19 seconds West, along the previously described line, for 186.33 feet; (3) thence South 2 degrees 54 minutes 59 seconds East for 75.53 feet; (4) thence South 87 degrees 31 minutes 10 seconds West for 45.92 feet; thence South 2 degrees 51 minutes 49 seconds East, departing the above named boundary line of sold Tract A for 198.25 feet; thence South 47 degrees 08 minutes 18 seconds East for 27.93 feet; thence South 2 degrees 51 minutes 49 seconds East for 432.04 feet to a point on the South line of said Tract A; thence North 87 degrees 34 minutes 58 seconds East, along the previously described line, for 177.09 feet to the Point of Beginning. PARCEL 2: Tract D of SUFFER REDLICH PLAT, according to the Plat thereof, as recorded In Plat Book 153, Page 56, of the Public Records of Miami -Dade County, Florida. PARCEL 3: Tract C, Soffer Redl ch Plat, according to plat thereof recorded in Book 153, page 56, of the public records of Miami Dade County, Florida formerly known as Lot 9, Block 1, less the West 50.0 feet thereof for right of way of U.S. Highway No. 1 of AMENDED PLAT OF BRITAN'S ADDITION TO OJUS, according to the Plat thereof as recorded in Plat Book 19, at Page 24 of the Public Records of Miami - Dade County, Flo ida, less the easterly 4,907 meters (16.10 feet) of the Westerly 20.147 meters (66.10 feet) of Lot 9, Block 1, AMENDED PLAT OF BRITAN'S ADDITION TO 03US, FLORIDA, according to the plat thereof, as recorded in Plat Book 19, at Page 24 of the Public Records of Dade County, Florida, lying in the NW1/4 of Section 3, Township 52 South, Range 42 East, Dade County, Florida. 54926397 v1 W!L V. SITE PLAN u 4ft . f � ' w u, SITE PLAN AVENIDA BISCAYNE ` (UNDER CONSTRUCTION) ►.. ` ` + �l FACADE UNDER SEPARATE PERMIT APPLICATION THE FRESH MARKET UPDATES UNDER SEPERATE PERMIT APPLICATION1114 ,r ~ ~ ► 0 , FACADE UNDER SEPARATE l ryfr 3•g4:nrr f-�� Rhr i PERMIT APPLICATION 00 .�.., ' + 1 a ' dw 4P ft EXISTING BUILDING 4w _ ROPOSED NEW OUTPARCEL I• t EXISTING BUILDING r Ike I Front Facade of the Building Paint and Material List E�� N ■ ■ Brick Black Velour Texture I Modular Aluminum Canopy Natural Screen Printed Wood Grain Black Powder Coated Aluminum Canopy MATERIAL CONCEPT Sherwin Williams Extra White SW7006 Foliage Wall CITY OF AVENTURA RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31- 171(B)(12)A.1 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT 680 PARKING SPACES WHERE 739 ARE REQUIRED FOR THE EXISTING DEVELOPMENT LOCATED AT 19101 BISCAYNE BOULEVARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicants, Equity One Florida Portfolio, LLC and Regency Center L.P., through Application No. VAR2409-0001("Application"), is requesting a variance from Section 31-171(b)(12)a.1 of the City Code to permit 680 parking spaces where 739 are required to facilitate the redevelopment of the Property legally identified in Exhibit "A"; and WHEREAS, the Property is legal non -conforming with 671 parking spaces where 718 are required by Code; and WHEREAS, the modifications proposed will intensify the Property's non- conforming status; and WHEREAS, following proper notice, the City Commission held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Application for Variance from Section 31-171(b)(12)a.1 of the City Code to permit 680 parking spaces where 739 are required is hereby granted for the property legally described in Exhibit "A" conditioned upon a covenant prior to permit issuance requiring demolition of the existing building on the parcel identified by Folio No. 28-2203-055-0030 and elimination of the driveway access to the parcel from Biscayne Boulevard, as well as limiting tenancy in any future building on this parcel to a single business use. City of Aventura Resolution No. 2025- Section 2. That 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. That the 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 Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Mayor Howard S. Weinberg PASSED AND ADOPTED this 6t" day of May, 2025. Page 2 of 3 City of Aventura Resolution No. 2025- ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. HOWARD S. WEINBERG, ESQ. MAYOR Page 3 of 3 EXHIBIT "A" Land PARCEL 1: All of Tract A of SUFFER REDLICH PLAT, according to the Plat thereof, as recorded in Plat Book 153, Page 56, of the Public Records of Miami -Dade County, Florida. Less and Except: Beginning at the S.E. corner of sald Tract A, thence along the boundary line of said Tract A for the following described four (4) courses; (1) thence North 2 degrees 51 minutes 49 seconds West for 617.34 feet to a point on the limited access right-of-way line of State Road 852; (2) thence North 56 degrees 51 minutes 19 seconds West, along the previously described line, for 186.33 feet; (3) thence South 2 degrees 54 minutes 59 seconds East for 75.53 feet; (4) thence South 87 degrees 31 minutes 10 seconds West for 45.92 feet; thence South 2 degrees 51 minutes 49 seconds East, departing the above named boundary line of sold Tract A for 198.25 feet; thence South 47 degrees 08 minutes 18 seconds East for 27.93 feet; thence South 2 degrees 51 minutes 49 seconds East for 432.04 feet to a point on the South line of said Tract A; thence North 87 degrees 34 minutes 58 seconds East, along the previously described line, for 177.09 feet to the Point of Beginning. PARCEL 2: Tract D of SUFFER REDLICH PLAT, according to the Plat thereof, as recorded In Plat Book 153, Page 56, of the Public Records of Miami -Dade County, Florida. PARCEL 3: Tract C, Soffer Redl ch Plat, according to plat thereof recorded in Book 153, page 56, of the public records of Miami Dade County, Florida formerly known as Lot 9, Block 1, less the West 50.0 feet thereof for right of way of U.S. Highway No. 1 of AMENDED PLAT OF BRITAN'S ADDITION TO OJUS, according to the Plat thereof as recorded in Plat Book 19, at Page 24 of the Public Records of Miami - Dade County, Flo ida, less the easterly 4,907 meters (16.10 feet) of the Westerly 20.147 meters (66.10 feet) of Lot 9, Block 1, AMENDED PLAT OF BRITAN'S ADDITION TO 03US, FLORIDA, according to the plat thereof, as recorded in Plat Book 19, at Page 24 of the Public Records of Dade County, Florida, lying in the NW1/4 of Section 3, Township 52 South, Range 42 East, Dade County, Florida. 54926397 v1 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager BY: Keven Klopp, Community Development Director /�W DATE: May 2, 2025 SUBJECT: Application to Amend the Land Development Regulations of the City of Aventura Section 31-145(e) to Allow Density of Up to 70 Dwelling Units per Acre Subject to Conditional Use Approval upon Providing HERO Housing City Case File LDR2504-0001 May 6, 2025 Local Planning Agency Meeting Agenda May 6, 2025 City Commission Meeting Agenda June 3, 2025 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve an amendment to Section 31- 145(e)(1) and Section 31-145(e)(4)p of the City of Aventura Land Development Regulations (the "LDRs") to allow residential densities up to 70 dwelling units per acre subject to conditional use approval for projects that commit units to the City's HERO Housing program. THE REQUEST The applicant, Michael J. Marrero c/o Bercow Radell Fernandez Larkin & Tapanes, on behalf of Aventura Property Owner LLC, is requesting an amendment to the Town Center Office Park Mixed Use District (TC4) zoning regulations to allow multifamily residential densities of up to 70 units per acre subject to conditional use approval and conditioned to the provision of residential units as HERO Housing. The applicant's Letter of Intent is attached as Exhibit #1. BACKGROUND The applicant is proposing a mixed -use development on property located on the east side of Biscayne Boulevard, bounded by NE 207 Street on the south, NE 209 Street on the north and NE 30 Avenue on the east, and legally described in Exhibit "A" included as part of Exhibit "1" (the "Property"). The development will feature new retail, residential and outdoor public amenities. The proposal includes 675 residential units distributed across three towers, two of which will be connected at the top five levels, on the western side of the site facing Biscayne Boulevard. Additionally, the development will incorporate 39,000 square feet of retail space. The project will retain the two existing buildings in the middle of the Property and the existing Morgan Stanley building on the east side of the Property. The applicant seeks to retain and activate the water feature on the south of the property between the southernmost parking structure and the southernmost office building. A rendering of the development is attached as Exhibit #2. A mixed used project of similar characteristics was previously approved on this property; this project featured two towers, additional office and retail areas and densities up to 50 units per acre. The new proposal will require densities of 70 dwelling units per acre; through this application the LDRs would be amended to allow those higher densities. The proposed LDR language will permit the requested increase in number of dwelling units on the condition that the project provides residential units as HERO Housing, pursuant to the City's HERO Housing Program Guidelines as defined in Section 31-21. If the proposed amendment to the Land Development Regulations is approved, the next step in the development process will entail the review of the proposed site plan and a subsequent application for Conditional Use approval to be presented to the City Commission at a public hearing. THE PROPOSED AMENDMENT The proposed amendment to Section 31-145 of the Land development Regulations as follows': Sec. 31-145. Town Center Zoning Districts. (e) Town Center Office Park Mixed Use (TC4) District). The following regulations shall apply in the TC4 District: (1) Purpose. This district is intended to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well -planned and compatible manner, emphasizing office uses with direct access to Biscayne Boulevard. Any approved site plan in this district shall provide a significant amount of office space as part of its commercial uses. Residential densities shall not exceed -9 70 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0. (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: 1 Underlined text indicates insertions. Stricken -through text indicates deletions. o. Residential uses that exceed 25 dwelling units per acre, but no to exceed 50 units per acre. q. For projects that provide residential units as HERO Housing, increased density above 25 units per acre up to W 70 units per acre. ANALYSIS The request was reviewed by staff under the Section 31-77(g) Standards for reviewing proposed amendments to the text of the LDR of the City Code of Ordinances- (1) The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Land Development Regulations (LDRs). (2) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan which allows densities up to 70 units per acre on zoning districts within the Town Center land use category. (3) The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses in the City. (4) The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City as per details provided on Paragraph 3 above. (5) The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process as it provides a process and regulations to implement for approvals of developments in the Town Center Zoning Districts. 3 EXHIBIT "1" BERCOW RAQELL FERNANDEZ LARKIN + TAPANES •�ONW,. LAND 115E MA EHwarxw+earu LAw April 18, 2025 VIA ELECTRONIC MAIL 200 S. Biscayne Boulevard Mr. Keven Klopp Suite 300, Miami, FL 33131 Community Development Director City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222fax Re: Letter of Intent — Amendment to Text of Land Development mmarrero@brzoninglaw.com Regulations and Modification to Previous Conditional Use Approval for Property located at 20801 — 20807 Biscayne Boulevard Dear Mr. Klopp: This law firm represents Aventura Property Owner, LLC (the "Applicant"), with regard to applications to amend the text of the Land Development Regulations ("LDRs") of the City of Aventura (the "City") Code of Ordinances (the "Code") and a modification to a previous conditional use approval for the properties located at 20801 and 20803 Biscayne Boulevard ("Western Parcel") and 20807 Biscayne Boulevard ("Northeast Parcel"), as well as 20805 Biscayne Blvd (the "Hotel Parcel") (collectively referred to as the "Property") located within the municipal boundaries of the City. Property Description. The Property is located on the east side of Biscayne Boulevard, bounded by NE 207 Street on the south, NE 209 Street on the north, and NE 30 Avenue on the east. The Miami -Dade County Property Appraiser has assigned three folio numbers to the Property. The Western Parcel is further identified by folio no. 28-1234-079-0010, the Northeast Parcel is further identified by folio no. 28-1234-079-0020, and the Hotel Parcel is further identified by folio no. 28-1234-079-0025. The Applicant's holdings consist of the Western Parcel and Northeast Parcel. The Hotel Parcel is not a part of the Applicant's holdings but is a part of the Property and application area. The Hotel Parcel is legally bound to the remainder of the Property through a Covenant in Lieu of Unity of Title. The Hotel Parcel currently contains a 233- unit, 191,674 square foot AC Hotel. Finally, the Property forms a Mr. Keven Klopp Community Development Director Page 2 portion of a single platted lot, as recorded in Plat Book 158, Page 47 of the Public Records of Miami -Dade County, Florida. Previous Approvals. Between 2021 and 2022, the Property received various approvals, including an amendment to the Future Land Use Map ("FLUM") of the City's Comprehensive Plan changing the Property's FLUM designation, an amendment to the City's Zoning Map rezoning the Property, Conditional Use Approval, and Administrative Site Plan Approval in connection with a new development at the Property (the "Approved Project"). In 2023, through Resolution No. 2023-44, the Approved Project was modified through a subsequent Conditional Use Approval and additional Administrative Site Plan Approval. On May 3, 2024, this approval was extended through a notification letter of statutory tolling and extension, extending the validity of this approval until June 11, 2030. This Letter requests in part the modification of this Conditional Use Approval. See Exhibit A, Resolution No. 2023-44. For the avoidance of doubt, the current, extended expiration date of the Conditional Use Approval (i.e., June 11, 2030) will apply to, and be operative for, the amendment to the Conditional Use Approval requested hereby. Facilitated by these approvals, the Approved Project consists of a mixed -use project with a focus on office uses, as well as retail, residential, and community uses including outdoor walkable areas, consisting of 495 multifamily residential units on the western portion of the site located in two new buildings connected by a bridge. The Approved Project includes 100,338 square feet of office space and 38,617 gross square feet of retail. The Approved Project retains the two (2) existing office buildings in the middle of the Property and the office building on the east side of the Property. The Approved Project retains and activates the water feature on the south of the Property between the southernmost parking structure and the southernmost office building, including a bridge, outdoor vending for restaurants and retail uses, as well as the ability for special events and entertainment. The Approved Project consists of two (2) towers, twenty- four (24) stories (260 feet) and nineteen (19) stories (210 feet) in height. The Project. The Applicant now seeks the approval of these applications in connection a reimagined project that preserves the ethos of the Approved Project while elevating the design and final product substantially (the "Project"). The Project is intentionally designed with the goal of establishing a local landmark for the surrounding areas and travelers far and wide, enhancing the existing community, and establishing a new community for relationships and memories to flourish. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 3 Specifically, the Project proposes a mixed -use development consisting of 675 multifamily units located in three (3) residential towers 311 feet and twenty-nine (29) stories in height. The towers are connected by a collective podium that encompasses the first eight (8) stories of the towers and consists of the main plaza and retail units on the ground level, private amenities for residents on levels seven (7), eight (8), and a portion of nine (9), and parking throughout the remainder of the podium levels. The two (2) towers located on the north side of the Property are further connected beginning level twenty-three (23) spanning up to the roof forming a rooftop bridge across the towers. This bridge consists of residential units from levels twenty-three (23) to twenty-seven (27) and a private pool for residents on the rooftop spanning the length of the two (2) towers. Finally, the Project provides a total of 1,709 parking spaces, The Project occupies a similar footprint to that of the Approved Project. The Project further includes 254,496 gross square feet (219,708 net square feet) of existing office space and 39,000 gross square feet of new retail space. The Project proposes lush landscaping and the activation of the existing water feature with outdoor vending for restaurants and retail uses. The outdoor spaces, and the Project as a whole, is expertly designed with the intention of creating a uniquely beautiful aesthetic paradise, ergonomically designed to promote and encourage pleasure and community. The Applicant will subsequently submitting an application for site plan approval for the Project. Public Benefits. In connection with these applications, the Applicant is proffering the following public benefits: 1) $3,000,000 school contribution with the following payment schedule: a. $750,000 at site plan approval b. $750,000 at construction permit c. $1,500,000 at Certificate of Occupancy; 2) $1,250,000 additional school contribution (formerly Freebee contribution); 3) Fifty (50) shared bicycles; 4) Twenty-five (25) community cars; 5) Brightline Shuttle; 6) Twenty (20) HERO Housing units; and Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 4 7) Public open space available to the community. Requests. The Applicant seeks approval of the following requests: 1) Amendment to the City's LDRs for TC-4 to permit up to 70 dwelling units per acre for projects that provide residential units as HERO Housing, with Conditional Use Approval as follows: Section 31-145(e)(1) Purpose. This district is intended to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well -planned and compatible manner, emphasizing office uses with direct access to Biscayne Boulevard. Any approved site plan in this district shall provide a significant amount of office space as part of its commercial uses. Residential densities shall not exceed -58 70 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0. Section 31-145(e)(4)(o) o. Residential uses that exceed 25 dwelling units per acre, but not to exceed -58 70 units per acre. Section 31-145(e)(4)(p) p. For projects that provide residential units as HERO Housing, increased density above 25 units per acre up to 151-8 70 units per acre. 2) Modification of the previous Conditional Use Approval approved though Resolution No. 2023-44: 1. Modification of the ownership entity provided in the previous Conditional Use Approval to reflect the new ownership entity, Aventura Property Owner, LLC. 2. Conditional Use Approval to obtain the additional requested density of 70 units per acre. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 5 3. Conditional Use Approval to allow for a maximum height of 311 feet and twenty-nine (29) stories. 4. Conditional Use Approval for 30% parking reduction to allow for 1,709 spaces where 2,271 spaces are required. 5. Conditional Use Approval to allow for reduced unit sizes of 500-600 square feet for one (1) bedroom units, 800 square feet for two (2) bedroom units, 1,050 square feet for three (3) bedroom units, and 1,250 square feet for four (4) bedroom units. LDR Amendment Criteria. Section 31-77(g) of the City Code provides standards that staff and the City Commission shall consider when reviewing proposed amendments to City's LDRs. The Applicant's request addresses each of the standards as follows: (1) The proposed amendment is legally required. The proposed amendment is legally required to allow for the development of the Project. (2) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. (3) The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the LDR and allows for the proliferation of HERO housing as encouraged by the Code at a level that is compatible with the surrounding area. (4) The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City by enabling a project that is consistent with the intent and purpose of the Town Center land use and zoning designations. (5) The proposed amendment improves the administration or execution of the development process. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 6 The proposed amendment will improve the administration or execution of the development process by enabling the development of a higher quality project that better embodies the intent and purpose of the Code. Conditional Use Criteria. The proposed Conditional Use addresses the criteria described in Sec. 31-73 governing Conditional uses as follows: 1. The proposed use shall be consistent with the Comprehensive Plan. The application is consistent with the goals and objectives of the Comprehensive Plan, specifically the type of uses proposed are specifically contemplated in the Town Center designation and TC4 Zoning District. 2. The maintenance and operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. The proposed use will not be detrimental to or endanger public health, safety or general welfare. The Applicant's proposal will activate a dated and underutilized property with an exciting mix of uses. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with community character of the immediate neighborhood. It will serve as a natural continuation of the Park Square project to the south, which contains a similar mixed use character. 4. Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs. City public facilities and services will continue to operate within the required levels of service once the Property is completed. S. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 7 The Applicant has taken adequate measures to provide ingress and egress to the Property in a manner that that minimizes traffic congestion in the public streets. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The conditional use will not have any detrimental effect on the ability of surrounding properties to develop with uses permitted in their zoning districts. 7. The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed use is designed to adequately mitigate adverse impacts, visual or otherwise, to adjacent properties. Extensive landscaping has been provided throughout the property, including the extensive activation of the site's existing water feature. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238. Sincerely yours, Michael J. Marrero Enclosures cc: Jeffrey Bercow Benjamin Sherry Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 8 Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I MMarrero@brzoninglaw.com CITY OF AVENTURA RESOLUTION NO. 2023-44 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(E) OF THE CITY CODE OF ORDINANCES, (1) TO PERMIT A DENSITY OF 47 DWELLING UNITS PER ACRE, WHERE THE CITY CODE PERMITS 25; (2) TO PERMIT HEIGHTS UP TO 24 STORIES (260'), WHERE THE CITY CODE PERMITS 10 STORIES (100'); (3) TO PERMIT UNITS WITH FLOOR AREAS NO LOWER THAN 658 SQUARE FEET WHERE THE MINIMUM REQUIREMENT IS 900 SQUARE FEET; AND (4) TO PERMIT 1,690 PARKING SPACES, WHERE 2,112 SPACES ARE REQUIRED BY THE CITY CODE FOR THE PROPERTY LOCATED AT 20801-20807 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31, "Land Development Regulations", Article VII, Use Regulation, Section 31-145(e) "Town Center Office Park Mixed Use (TC4) District" of the City Code of Ordinances, the Applicant, Bercow, Radell, Fernandez & Tapanes on behalf of Aventura Opportunity Owner LLC, has applied to the City of Aventura (the "City") for the modification of a previously approved Conditional Use approval (Application No. CUP2111- 0001) related to the development of a mixed use project (the "Development") located at 20801-20807 Biscayne Boulevard, in the TC4 District, as legally described in Exhibit "A" (the "Property"); and WHEREAS, pursuant to City Code Section 31-145(e)(4)o, the Applicant has requested Conditional Use Approval to permit a density of 47 dwelling units per acre, where the City Code permits 25; and WHEREAS, pursuant to City Code Section 31-145(e)(4)b, the Applicant has requested Conditional Use Approval to permit heights up to 24 stories (260'), where the City Code permits 10 stories (100'); and WHEREAS, pursuant to City Code Section 31-145(e)(4)e, the Applicant has requested Conditional Use Approval to allow floor areas ranging from 658 SF to 945 SF for one and two -bedroom units, where the City Code requires minimum floor areas ranging from 900 SF to 1,050 SF for these units; and WHEREAS, pursuant to City Code Section 31-145(e)(4)i, the Applicant has requested Conditional Use Approval to permit 1,690 parking spaces (in accordance with a shared parking allowance based upon the mix of uses proposed for the property), where 2,112 spaces are required by Code; and City of Aventura Resolution No. 2023-44 WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein, and it is in the best interest of the City to grant the request for Conditional Use Approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing " WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. The application for Conditional Use (1) to permit densities of 47 dwelling units per acre, where the City Code permits 25; (2) to permit heights up to 24 stories (260'), where the City Code permit 10 stories (100'), (3) to permit floor areas that are less than the minimum required by the City Code; and (4) to permit 1,690 parking spaces (in accordance with a shared parking allowance based upon the mix of uses proposed for the property), where the City Code requires 2,112 spaces for the Property is hereby granted, subject to the conditions set out in Section 3 of this Resolution. Section 3. Approval of the application above is subject to the following conditions: 1. Building permits must be consistent with drawings as submitted on May 3, 2023 and listed in Exhibit B, unless otherwise subsequently amended by an administrative site plan approval. The referenced plans are being reviewed under Administrative Site Plan Approval regulations, the TC-4 zoning district regulations, and all other applicable regulations as provided within the City of Aventura Land Development Regulations. 2. Contribution toward the expansion of the City's Freebee circulator service in the amount of $125,000 per year for 10 years with the first payment due before the issuance of the first permit for the project and each of the next 9 payments due on the respective anniversary date of the first payment. 3. Concurrent with the issuance of a certificate of occupancy of any kind (i.e. temporary or final) a shuttle service specifically to and from the Brightline station will be provided to residents of the development by the owners/operators of the building. 4. A contribution of $250,000 toward the capital costs related to construction of a new charter school for the City will be made prior to the issuance of a permit for vertical construction of any residential building. A second contribution of $250,000 for the same purpose will be made by the 5-year anniversary of the first payment. Page 2 of 4 City of Aventura Resolution No. 2023-44 5. A deed restriction, in a form approved by the City Attorney, will be recorded agreeing that the property, and residential units thereon, will comply with the City's restriction on short term rentals, which states that any rental for less than 90 days is considered a hotel. (Hotel use is not included in the project being approved with this conditional use) 6. Prior to receiving permits for any permanent structure, obtain Miami -Dade County Schools' issuance of a finding that School Concurrency has been met and pay applicable School Impact Fees. Section 4. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 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. The foregoing Resolution was offered by Commissioner Friedland, who moved its adoption. The motion was seconded by Commissioner Kruss, and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland No Commissioner Billy Joel Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks No Commissioner Michael Stern Yes Vice Mayor Amit Bloom Yes Mayor Howard S. Weinberg Yes Page 3 of 4 City of Aventura Resolution No. 2023-44 PASSED AND ADOPTED this 51" day of September, 2023. vV HOWARD S. WEINBERG, E Q. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: i CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this 51" day of September, 2023. ELLISA L. HORVA , MMC CITY CLERK Page 4 of 4 LEGAL DESCRIPTION EXHIBIT "A" PARCEL ONE: A PORTION OF TRACT "A", OF "AVENTURA CORPORATE CENTER", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 158, AT PAGE 47, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT "A"; THENCE N 88°10'38" E, ALONG THE NORTH LINE OF SAID TRACT "A", FOR 556.00 FEET; THENCE S 11 °19'21" W FOR 335.30 FEET; THENCE S 00°43'51" E FOR 205.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID TRACT "A"; THENCE N 78°02'44" W, ALONG THE SOUTHERLY LINE OF SAID TRACT "A", FOR 652.55 FEET; THENCE N 28°31'25" W, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT "A", FOR 35.00 FEET; THENCE N 22°43'18" E, ALONG THE WESTERLY LINE OF SAID TRACT "A", SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD (STATE ROAD U.S. NO. 1), FOR 363.12 FEET; THENCE N 55°26'58" E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT "A", FOR 27.03 FEET TO THE POINT OF BEGINNING. PARCEL TWO: TRACT "A", OF AVENTURA CORPORATE CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 158, AT PAGE 47, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT "A"; THENCE N 88°10'38" E, ALONG THE NORTH LINE OF SAID TRACT "A", FOR 556.00 FEET; THENCE S 11'19'21" W FOR 335.30 FEET; THENCE S 00°43'51" E FOR 205.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID TRACT "A"; THENCE N 78002'44" W, ALONG THE SOUTHERLY LINE OF SAID TRACT "A", FOR 652.55 FEET; THENCE N 28°31'25" W,ALONGTHE SOUTHWESTERLY LINE OF SAID TRACT "A", FOR 35.00 FEET; THENCE N 22-43-18" E, ALONG THE WESTERLY LINE OF SAID TRACT "A", SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD (STATE ROAD U.S. NO. 1), FOR 363.12 FEET; THENCE N 55°26'58" E, ALONG THE NORTHWESTERLY LINE OF SAID TRACT "A", FOR 27.03 FEET TO THE POINT OF BEGINNING. AND LESS THAT PORTION CONVEYED TO NORWICH AVENTURA II LLC, A DELAWARE LIMITED LIABILITY COMPANY, BY SPECIAL WARRANTY DEED, RECORDED DECEMBER 18, 2014, IN OFFICIAL RECORDS BOOK 29434, AT PAGE 3641, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTH, NORTHWEST CORNER OF SAID TRACT "A"; THENCE N 88°10'38" E, 4871-4053-9419, v. 1 ALONG THE NORTH LINE OF SAID TRACT "A", FOR 556.00 FEET; THENCE S 11°19'21" W FOR 335.30 FEET; THENCE S 00°43'51" E FOR 18.03 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUES 00°43'51" E FOR 187.14 FEET TO A POINT OF THE SOUTHERLY LINE OF SAID TRACT "A"; THE FOLLOWING EIGHT (8) COURSES BEING ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID TRACT "A"; (1) THENCE S 78002'44" E FOR 73.05 FEET TO A POINT OF CURVATURE; (2) THENCE SOUTHEASTERLY ALONG A 1438.00 FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A CENTRAL ANGLE OF 04011'01" FOR AN ARC DISTANCE OF 105.00 FEET; (3) THENCE N 07°04'25" E FOR 45.00 FEET; (4) THENCE S 82055'35" E FOR 35.00 FEET; (5) THENCE S 07°04'25" W FOR 45.00 FEET TO A POINT ON A CIRCULAR CURVE WHOSE RADIUS POINT BEARS N 06022'35" E; (6) THENCE SOUTHEASTERLY ALONG A 1438.00 FOOT RADIUS CURVE LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 04033'05" FOR AN ARC DISTANCE OF 114.23 FEET TO A POINT OF COMPOUND CURVATURE; (7) THENCE EASTERLY AND NORTHERLY ALONG A 25.00 FOOT RADIUS CURVE LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 94045'02" FOR AN ARC DISTANCE OF 41.34 FEET TO A POINT OF TANGENCY; (8) THENCE N 02055'32" W FOR 254.38 FEET; THENCE S 87004'34" W FOR 138.61 FEET; THENCE S 37012'35" W FOR 30.60 FEET; THENCE S 87°04'34" W FOR 86.00 FEET; THENCE S 18040'06" W FOR 7.39 FEET; THENCE S 87°04'34" W FOR 93.63 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE NON-EXCLUSIVE EASEMENTS AS SET FORTH AND FURTHER DESCRIBED IN SECTION 3(D) OF THAT CERTAIN PARKING AGREEMENT, RECORDED DECEMBER 18, 2014, IN OFFICIAL RECORDS BOOK 29434, AT PAGE 3651, AND SECTION 3 OF THAT CERTAIN AMENDED AND RESTATED EASEMENT AND OPERATING AGREEMENT, RECORDED DECEMBER 18, 2014, IN OFFICIAL RECORDS BOOK 29434, AT PAGE 3695, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 4871-4053-9419, v. 1 FIr cam:- .-}. �' -.'�' .' : ;N a►� iy--.' - F^ - 71 $ _ r CITY OF AVENTURA ORDINANCE NO. 2025- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-145(e), "TOWN CENTER OFFICE PARK MIXED USE (TC4) DISTRICT", TO ALLOW MULTIFAMILY RESIDENTIAL DENSITIES WITH A MAXIMUM OF 70 DWELLING UNITS PER ACRE FOR DEVELOPMENTS THAT PROVIDE RESIDENTIAL UNITS TO THE CITY'S HERO HOUSING PROGRAM; SUBJECT TO CONDITIONAL USE APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura, Florida (the "City"), finds it periodically necessary to amend its Code of Ordinances (the "City Code") in order to update regulations and procedures to implement municipal goals and objectives; and WHEREAS, the Applicant, Michael J. Marrero c/o Bercow Radell Fernandez Larkin & Tapanes, on behalf of Aventura Property Owner LLC, through Application No. LDR2504-0001, has requested from the City an amendment to Section 31-145(e) "Town Center Office Park Mixed Use (TC4) District", of Chapter 31, of the Land Development Regulations ("LDRs") of the City Code to allow multifamily residential uses with a maximum density of 70 dwelling units per acre for developments that dedicate residential units as HERO Housing; and WHEREAS, the City Commission finds that the proposed amendment to Section 31-145 of the City Code to allow multifamily residential uses with a maximum density of 70 dwelling units per acre for developments that dedicate units as HERO Housing is consistent with the applicable goals, objectives and policies of the City's Comprehensive Plan; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, The City Commission has reviewed the proposed amendment, and finds that it is in the best interest of the public to amend Section 31-145 of the LDRs as set forth in this Ordinance; and City of Aventura Ordinance No. 2025- WHEREAS, the City Commission has reviewed the action set forth in the ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. City Code Amended. That Section 31-145(e) "Town Center Office Park Mixed Use (TC4) District" of Article VII "Use Regulations", of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows': Sec. 31-145. Town Center Zoning Districts. (e) Town Center Office Park Mixed Use (TC4) District). The following regulations shall apply in the TC4 District: (1) Purpose. This district is intended to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well -planned and compatible manner, emphasizing office uses with direct access to Biscayne Boulevard. Any approved site plan in this district shall provide a significant amount of office space as part of its commercial uses. Residential densities shall not exceed 50 70 dwelling units per gross acre for developments that provide HERO housing, and non-residential intensity shall not exceed a floor area ratio of 2.0. (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: o. Residential uses that exceed 25 dwelling units per acre, but no to exceed 50 units per acre. q. For projects that provide residential units as HERO Housing, increased density above 25 units per acre up to W 70 units per acre. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the Underlined text indicates additions. Stricken- through text indicates deletions. Double underline indicates changes made between first and second reading. Page 2 of 4 City of Aventura Ordinance No. 2025- validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Mayor Howard S. Weinberg Page 3 of 4 City of Aventura Ordinance No. 2025- PASSED on first reading this 6th day of May, 2025. PASSED AND ADOPTED on second reading this V day of June, 2025. ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. HOWARD S. WEINBERG, ESQ. MAYOR Page 4 of 4 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager f f BY: Keven Klopp, Community Development Director DATE: May 2, 2025 SUBJECT: Request by Miami Off Center Associates, LLP to Approve a Small - Scale Amendment to the City's Future Land Use Map ("FLUM") Changing the Land Use Designation of Two Parcels Situated on the Southwest Corner of NE 187 Street and NE 28 Court from Business and Office to Town Center City Case File ACP2305-0001 May 6, 2025 Local Planning Agency Meeting May 6, 2025 City Commission Meeting Agenda June 3, 2025 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve a small-scale amendment to the Future Land Use Map (FLUM) of the City of Aventura Comprehensive Plan pursuant to section 163.3187, Florida Statutes, to change the designation of an approximate 3-acre tract of land on the southwest corner of NE 187 Street and NE 28 Court, identified by folio numbers 28-2203-043-0010 and 28-2203-033-0010 and legally described in Exhibit "'I", from "Business and Office" to "Town Center". THE REQUEST The applicant, Michael J. Marrero c/o Bercow Radell Fernandez Larkin & Tapanes, on behalf of Miami Off Center Associates, LLP, is requesting an amendment to the FLU by changing the designation of properties located at 2770 NE 187 Street ("Western Parcel") and 2822, 2826, 2830, 2834, and 2850 NE 187 Street ("Eastern Parcel") (collectively referred to as the "Property") from "Business and Office" to "Town Center". The applicant's Letter of Intent is attached as Exhibit "3". Location - Southwest corner of NE 187 Street and NE 28 Court. See Exhibit "2" for Location Map Size - 3.0175 acres +/- See Exhibit " 1 " for Legal Description Zoning: Subject Property B2 — Community Business District Properties to the North TC1 - Town Center District Properties to the South B2 — Community Business District RMF4 - Multifamily Medium High Density Residential Properties to the East TC2 — Town Center Marine District Properties to the West B2 — Community Business District Existing Land Use — Subject Property Retail Properties to the North Mixed Use Residential Commercial Properties to the South Vacant Lands Properties to the East Marina Properties to the West Vacant lands Future Land Use — Subject Property Properties to the North Properties to the South Properties to the East Properties to the West BACKGROUND Business and Office Town Center Business and Office Medium High Density Residential Town Center Business and Office The two parcels are currently unified through a Unity of Title, as recorded in Official Records Book 13177, Page 917 of the Public Records of Miami -Dade County. Upon approval of the City of Aventura Comprehensive Plan in 1998, the site was designated "Business and Office", consistent with the then -existing Miami Dade County Comprehensive Plan. Currently, the Property is occupied by two commercial buildings of approximately 45,000 square feet of retail space. ANALYSIS Town Centers are intended for mixed urban uses integrated horizontally and vertically. The City's Comprehensive Plan specifies that no Town Center shall be less than 5 acres in size, contiguous, and directly accessible from an arterial or urban collector roadway. Although the Property is a little over 3 acres, it is contiguous to the existing Town Center on both its northern and eastern boundaries, effectively serving as a natural extension of the existing district. Direct access from Biscayne Boulevard is provided via NE 187 Street. The proposed amendment will facilitate the development of the Eastern Parcel into a mixed -use building with residential and ground floor retail uses. Furthermore, the Town Center designation will facilitate the rezoning of the Property to Town Center District (TC1). The applicant has submitted applications to amend City's Zoning Map to be processed concurrently, and which is the subject of separate staff report and ordinance on the May 6, 2025, Local Planning Agency and City Commission agendas. If the proposed amendments to the Comprehensive Plan and Zoning Map are approved, the next step in the development process will be the review of the proposed site plan and a subsequent application for Conditional Use and Variances approval to be presented to the City Commission at a public hearing. Section 31-53 of the City's Land Development Regulations provides that a FLUM amendment may only be filed by the City Administration, City Commission or an owner of property subject to the amendment, and the procedure for amendment of the Plan shall be by ordinance, in accordance with F.S. §§ 163.3184 and 163.3187, as amended. Standards for reviewing proposed amendments to the Future Land Use Map (Florida Statutes 163.3177). Future land use map amendments shall be based upon the following analyses: • An analysis of the availability of facilities and services. All required services and facilities are available to this location to fulfil the level of service requirements. Capacity allocations for water, sewer, schools are made at the time of development approval. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. The proposed amendment is suitable given that neighboring sites with similar topography have been developed with consistent land uses. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. The amount of land amended is suitable to achieve the goals of the Town Center Future Land Use designation. Notice of the proposed amendment has been published in accordance with Section 31- 53 of the City Code and Section 163.3184 of the Florida Statutes. Exhibit "1" LEGAL DESCRIPTION As to Parcel 1: (Folio Number: 28-2203-033-0010) Tract A of GILDA TRACT, according to the Plat thereof as recorded in Plat Book 117, Page 12, of the Public Records of Miami - Dade County, Florida. As to Parcel Z: (Folio Number: 28-2203-043-0010) Tract B of GILDA TRACT FIRST ADDITION, according to the Plat thereof as recorded in Plat Book 130, Page 49, of the Public Records of Miami - Dade County, Florida. LOCATION MAP ------------ ,------------ — — — — — � z i m ui� 1 i D 1 < m � 1 VE=2707TH=ST i N;COU,NTR_Y_CLUB=DR F fD*i' - = MajorRoads _ . Aventura Municipal Boundary w Q z J J 0 J EXHIBIT #: 2 DATE:05/06/2025 AGENDA ITEM(S): 1]6Y0I:i121to] ►1 Property(s): 28-2203-033-0010 28-2203-043-0010 Existing Land Use: Business & Office Proposed Land Use: Town Center Existing Zoning: B2 Proposed Zoning: TC1 City File No.: REZ2503-0001 ACP2503-0001 y vb- #—. 2A 0 0.25 0.5 1 Miles N I I I I I I I I BERCOW RADELL FERNANDEZ LARKIN + TAPANES ZONING, LMD USE AND ENNRCNVM NTAL LAW March 7, 2025 VIA ELECTRONIC MAIL 200 S. Biscayne Boulevard Mr. Keven Klopp Suite 300, Miami, FL 33131 Community Development Director City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222 fax Re: Letter of Intent — Amendment to Official Zoning Map and mmarrero@brzoninglaw.com Future Land Use Map for Cassa Residences Dear Mr. Klopp: This law firm represents Miami Off Center Associates, LLP (the "Applicant"), with regard to this application to amend the City of Aventura Zoning Map and Future Land Use Map for the properties located at 2770 NE 187 Street ("Western Parcel") and 2822, 2826, 2830, 2834, and 2850 NE 187 Street ("Eastern Parcel") (collectively referred to as the "Property") located within the municipal boundaries of the City of Aventura (the "City") to be designated as Town Center in the Future Land Use Map and TC1 in the Zoning Map. Property Description. The Property, further identified by Miami -Dade County Property Appraiser Folio Nos. 28-2203-033- 0010 (Eastern Parcel) and 28-2203-043-0010 (Western Parcel) is comprised of two (2) parcels located on the south side of NE 187 Street just west of NE 28 Court. The two parcels are currently unified through a Unity of Title, as recorded in Official Records Book 13177, Page 917 of the Public Records of Miami -Dade County. The Eastern Parcel is currently improved with a two (2) story commercial building. The Western Parcel is currently improved with a one (1) story commercial building containing the iconic Mo's Bagels & Deli. Mr. Keven Klopp Community Development Director Page 2 The Applicant seeks to develop a mixed -use project on the Eastern Parcel consisting of residential and ground floor retail uses. The Western Parcel, which currently hosts the iconic Mo's Bagels & Deli will be preserved in its current state. Section 33-77(f) of the City Code provides standards that staff and the City Commission shall consider when reviewing proposed amendments to City's Official Zoning Map. The Applicant's request addresses each of the standards as follows: (1) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Presently, the Property is designated as Business and Office on the Future Land Use Map. Concurrent with the rezoning request, the Applicant also seeks a redesignation to Town Center in the Future Land Use Map. With that requested designation, the proposed amendment would be consistent with the City's Comprehensive Plan. (2) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The Property is generally surrounded by a mix of commercial and residential uses, and directly borders parcels zoned TC1, TC3, and RMF4. Therefore, a mixed -use development with residential and commercial uses would be compatible in the center of all these uses. (3) The subject property is physically suitable for the uses permitted in the proposed district. The location and size of the Property, the surrounding uses, and the Property's proximity to TC1, TC3, and RMF4 zoned properties make it especially suitable for a mixed -use development, such as is contemplated with the TC1 zoning district. (4) There are sites available in other areas currently zoned for such use. There are no sites available in other areas currently zoned for such use that will allow for the development of the proposed project. (5) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. Not applicable. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 3 (6) The proposed change would adversely affect traffic patterns or congestion. Upon site plan approval, the Applicant will submit a traffic study to address any traffic impacts and would mitigate impacts as necessary. (7) The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The Applicant does not anticipate any adverse impacts to the City's infrastructure as a result of its redevelopment of the Property. Nevertheless, these issues can be further reviewed upon site plan submittal. (8) Whether the proposed change would have an adverse environmental impact on the vicinity. The Applicant does not anticipate any adverse environmental impact with the redevelopment of the Property. (9) Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The development is only expected to enhance safety and welfare within the surrounding area. Florida Statutes provides standards for reviewing proposed amendments to the Future Land Use Map under F.S. 163.3177. The statute requires the following be analyzed when considering a change to the Comprehensive Plan Future Land Use Map: (1) The availability of facilities and services. All required services and facilities are available to this location to fulfil the level of service requirements. Any necessary capacity allocations for water, sewer, schools will be made at the time of development order approval. (2) The suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 4 The Proposed Future Land Use Map amendment is suitable considering the Property is currently fully developed with a commercial building. (3) The minimum amount of land needed to achieve economically, socially, physically, and environmentally, and fiscally balanced development. The proposed Future Land Use Map amendment will not consume any currently undeveloped land. (4) The extent to which the development pattern of urban form discourages the proliferation of urban sprawl. The proposed Future Land Use Map amendment discourages urban sprawl by facilitating mixed -use redevelopment that will increase density and intensity in an already urban area. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238. Sincerely yours, Michael J. Marrero Enclosures cc: Jeffrey Bercow Benjamin Sherry Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com CITY OF AVENTURA ORDINANCE NO. 2025- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE CITY OF AVENTURA COMPREHENSIVE PLAN PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, TO REDESIGNATE AN APPROXIMATE 3.01 ACRE TRACT OF LAND ON THE SOUTHWEST CORNER OF NE 187 STREET AND NE 28 COURT, IDENTIFIED BY FOLIO NUMBERS 28-2203-043-0010 AND 28-2203- 033-0010, FROM "BUSINESS AND OFFICE" TO "TOWN CENTER"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 163.3187(1), Florida Statutes, Michael J. Marrero c/o Bercow Radell Fernandez Larkin & Tapanes, on behalf of Miami Off Center Associates, LLP (the "Applicant') through City File No. ACP2305-0001, is requesting approval of a Small Scale Future Land Use Map ("FLUM") amendment to the Comprehensive Plan (the "Plan") to change the designation of 3.01 acres of land (Folios 28-2203-043-0010 and 28-2203-033-0010), as legally described in Exhibit "1 ", and further depicted on the Location Map attached as Exhibit "2" (the "Property") from "Business and Office" to "Town Center" (the "Small Scale FLUM Amendment'); and WHEREAS, the City Commission finds that the Small Scale FLUM Amendment will maintain the unique aesthetic character of the City and improve the quality of life for its residents by providing mixed -use development within the transit corridor; and WHEREAS, the City Commission further finds that the Small Scale FLUM Amendment will not result in impacts on any infrastructure system that will exceed established level of service standards without concurrent mitigation and is otherwise consistent with the goals, objectives and policies of the Plan; and WHEREAS, the City Commission finds that the proposed Small Scale FLUM Amendment is consistent with Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and City of Aventura Ordinance No. 2025- WHEREAS, the City Commission believes it is in the best interest of the public to approve this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "Whereas" clauses and findings are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. Approval of the Small Scale Future Land Use Map Amendment. That pursuant to Section 163.3187(1), Florida Statutes, the Small Scale FLUM Amendment to the Comprehensive Plan for the Property, legally described in Exhibit "1 ", and further depicted on the Location Map attached as Exhibit "2", is hereby amended such that the Property shall now have the Future Land Use Map designation of Town Center. Section 3. Conflicts. That all ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the City's Comprehensive Plan. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map may be revised so as to accomplish such intention. Section 6. Effective Date. That this Ordinance shall not become effective until 31 days after adoption. If challenged within 30 days after adoption, this Ordinance may not become effective until the state land planning agency or the Administration Commission, respectively, issues a final order determining that the adopted Small Scale FLUM Amendment is in compliance. Page 2 of 4 City of Aventura Ordinance No. 2025- The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Mayor Howard S. Weinberg PASSED on first reading this 6th day of May, 2025. PASSED AND ADOPTED on second reading this V day of June, 2025. Page 3 of 4 City of Aventura Ordinance No. 2025- ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. HOWARD S. WEINBERG, ESQ. MAYOR Page 4 of 4 Exhibit "1" LEGAL DESCRIPTION As to Parcel 1: (Folio Number: 28-2203-033-0010) Tract A of GILDA TRACT, according to the Plat thereof as recorded in Plat Book 117, Page 12, of the Public Records of Miami - Dade County, Florida. As to Parcel Z: (Folio Number: 28-2203-043-0010) Tract B of GILDA TRACT FIRST ADDITION, according to the Plat thereof as recorded in Plat Book 130, Page 49, of the Public Records of Miami - Dade County, Florida. LOCATION MAP ------------ ,------------ — — — — — � z i m ui� 1 i D 1 < m � 1 VE=2707TH=ST i N;COU,NTR_Y_CLUB=DR F fD*i' - = MajorRoads _ . Aventura Municipal Boundary w Q z J J 0 J EXHIBIT #: 2 DATE:05/06/2025 AGENDA ITEM(S): 1]6Y0I:i121to] ►1 Property(s): 28-2203-033-0010 28-2203-043-0010 Existing Land Use: Business & Office Proposed Land Use: Town Center Existing Zoning: B2 Proposed Zoning: TC1 City File No.: REZ2503-0001 ACP2503-0001 y vb- #—. 2A 0 0.25 0.5 1 Miles N I I I I I I I I CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM- Bryan Pegues, City Manager f BY: Keven Klopp, Community Development Director DATE: May 2, 2025 SUBJECT: Request to Amend the Official Zoning Map of the City of Aventura by Changing the Zoning Designation of the Properties Identified with Folio Nos. 28-2203-033-0010 and 28-2203-043-0010 from Community Business District (132) to Town Center District (TC1) City Case File REZ2503-0001 May 6, 2025 Local Planning Agency Meeting Agenda May 6, 2025 City Commission Meeting Agenda June 3, 2025 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the Rezoning of the two (2) parcels of land located on the southwest corner of NE 187 Street and NE 28 Court and legally described on Exhibit "1" (the "Property"), from Community Business District (132) to Town Center District (TC1). THE REQUEST The applicant, Michael J. Marrero c/o Bercow Radell Fernandez Larkin & Tapanes, on behalf of Miami Off Center Associates, LLP, is requesting a rezoning of the Property to facilitate a proposed mixed used development of multifamily residential units with ground floor retail. The applicant's Letter of Intent is attached as Exhibit #3 of this report. BACKGROUND Property Owner - Miami Off Center Associates, LLP Location - 2770 NE 187 Street 2822, 2826, 2830, 2834, and 2850 NE 187 Street See Exhibit #2 for Location Map Size - 3.0175 acres +/- See Exhibit " 1 " for Legal Description Zoning: Subject Property B2 — Community Business District Properties to the North TC1 - Town Center District Properties to the South B2 — Community Business District RMF4 - Multifamily Medium High Density Residential Properties to the East TC2 — Town Center Marine District Properties to the West B2 — Community Business District Existing Land Use — Subject Property Retail Properties to the North Mixed Use Residential Commercial Properties to the South Vacant Lands Properties to the East Marina Properties to the West Vacant lands Future Land Use — Subject Property Business and Office Properties to the North Town Center Properties to the South Business and Office Medium High Density Residential Properties to the East Town Center Properties to the West Business and Office The Property consists of approximately 3 acres of land located on the southwest corner of NE 187 Street and NE 28 Court currently zoned B2, Community Business District on the Official Zoning Map. These two parcels, identified as 2770 NE 187 Street ("Western Parcel") and 2822, 2826, 2830, 2834, and 2850 NE 187 Street ("Eastern Parcel") are currently unified through a Unity of Title, as recorded in Official Records Book 13177, Page 917 of the Public Records of Miami -Dade County. Currently, the Property is developed with two commercial buildings totaling approximately 45,000 square feet of retail space. The Western Parcel, occupied by the iconic Mo's Bagels & Deli and additional retail establishments, will be preserved in its current state. The Applicant is proposing to developed a mixed -use project on the Eastern Parcel. ANALYSIS Town Center Zoning Districts are intended for the development of residential and commercial uses in a well planned and compatible manner. This Project is located adjacent to two Town Center designated districts along its northern and eastern boundaries, making a Town Center designation a logical extension of the neighborhood oil mixed use typology. In addition, the Property is within the first quarter -mile of the Rapid Transit Corridor, an area identified by Miami Dade County for being appropriate for mixed use buildings, walkability and transit -oriented developments. Amendments to the Official Zoning Map shall be consistent with the adopted Comprehensive Plan. To address the inconsistency, the proposed development is also required to be granted approval to amend the Comprehensive Plan Future Land Use Map (the "FLUM") to change the designation of the Property's land use category from Business and Office to Town Center. The applicant has applied to amend the FLUM to be processed concurrently, and which are the subjects of separate ordinances, on the May 6 Local Planning Agency and City Commission agendas. Section 163.3184 of the Florida Statutes provides that zoning changes required to properly enact any proposed plan amendment may be considered concurrently, but are contingent upon the comprehensive plan amendment transmitted become effective. If the proposed amendments are approved, the next step in the development process will be the review of the proposed site plan and subsequent applicable requests for Conditional Use and/or Variance approval to be presented to the City Commission at a public hearing. Staff reviewed the proposed amendment to the Official Zoning Map pursuant to the review standards of the Land Development Regulations contained in Section 31-77(f) of the City Code as follow- (1) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Upon approval of the amendment to the City's Comprehensive Plan Future Land Use map, the rezoning to TC1 would be consistent with the goals, objectives and policies of the City's Comprehensive Plan. (2) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed rezoning is consistent and compatible with the surrounding area's zoning designations and existing uses since is generally surrounded by a mix of commercial and residential uses, and directly borders parcels zoned TC1, TC2, and RMF4. (3) The subject property is physically suitable for the uses permitted in the proposed district. Due to its size and location, the property is suitable for the uses permitted in the TC1 district. (4) There are sites available in other areas currently zoned for such use. Based on the limited sites for redevelopment of residential properties east of Biscayne Boulevard, the proposed use will help meet the ongoing demands for new residential units in this area. (5) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. Not applicable. (6) The proposed change would adversely affect traffic patterns or congestion. The Applicant, as part of the site plan approval process, will submit a traffic study to address any traffic impacts and would mitigate impacts as necessary. Currently, the Applicant submitted a Traffic Impact Analysis methodology to be reviewed by the City's traffic engineers to ensure that the traffic study take in consideration the impact on existing and future traffic conditions. (7) The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The proposed use will not have a negative impact on the water, sewer or other levels of public facilities within a City, which will be evaluated for concurrency as part of redevelopment of the site. (8) Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed use will not have an adverse environmental impact on the vicinity. As part of the development of the Property, the site will be reviewed by the Miami - Dade County Division of Environmental Resources Management, to ensure that the Property complies with the environmental regulations of the County. (9) Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The development is only expected to enhance safety and welfare within the surrounding area. In Exhibit "1" LEGAL DESCRIPTION As to Parcel 1: (Folio Number: 28-2203-033-0010) Tract A of GILDA TRACT, according to the Plat thereof as recorded in Plat Book 117, Page 12, of the Public Records of Miami - Dade County, Florida. As to Parcel Z: (Folio Number: 28-2203-043-0010) Tract B of GILDA TRACT FIRST ADDITION, according to the Plat thereof as recorded in Plat Book 130, Page 49, of the Public Records of Miami - Dade County, Florida. LOCATION MAP ------------ ,------------ — — — — — � z i m ui� 1 i D 1 < m � 1 VE=2707TH=ST i N;COU,NTR_Y_CLUB=DR F fD*i' - = MajorRoads _ . Aventura Municipal Boundary w Q z J J 0 J EXHIBIT #: 2 DATE:05/06/2025 AGENDA ITEM(S): 1]6Y0I:i121to] ►1 Property(s): 28-2203-033-0010 28-2203-043-0010 Existing Land Use: Business & Office Proposed Land Use: Town Center Existing Zoning: B2 Proposed Zoning: TC1 City File No.: REZ2503-0001 ACP2503-0001 y vb- #—. 2A 0 0.25 0.5 1 Miles N I I I I I I I I BERCOW RADELL FERNANDEZ LARKIN + TAPANES ZONING, LMD USE AND ENNRCNVM NTAL LAW March 7, 2025 VIA ELECTRONIC MAIL 200 S. Biscayne Boulevard Mr. Keven Klopp Suite 300, Miami, FL 33131 Community Development Director City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222 fax Re: Letter of Intent — Amendment to Official Zoning Map and mmarrero@brzoninglaw.com Future Land Use Map for Cassa Residences Dear Mr. Klopp: This law firm represents Miami Off Center Associates, LLP (the "Applicant"), with regard to this application to amend the City of Aventura Zoning Map and Future Land Use Map for the properties located at 2770 NE 187 Street ("Western Parcel") and 2822, 2826, 2830, 2834, and 2850 NE 187 Street ("Eastern Parcel") (collectively referred to as the "Property") located within the municipal boundaries of the City of Aventura (the "City") to be designated as Town Center in the Future Land Use Map and TC1 in the Zoning Map. Property Description. The Property, further identified by Miami -Dade County Property Appraiser Folio Nos. 28-2203-033- 0010 (Eastern Parcel) and 28-2203-043-0010 (Western Parcel) is comprised of two (2) parcels located on the south side of NE 187 Street just west of NE 28 Court. The two parcels are currently unified through a Unity of Title, as recorded in Official Records Book 13177, Page 917 of the Public Records of Miami -Dade County. The Eastern Parcel is currently improved with a two (2) story commercial building. The Western Parcel is currently improved with a one (1) story commercial building containing the iconic Mo's Bagels & Deli. Mr. Keven Klopp Community Development Director Page 2 The Applicant seeks to develop a mixed -use project on the Eastern Parcel consisting of residential and ground floor retail uses. The Western Parcel, which currently hosts the iconic Mo's Bagels & Deli will be preserved in its current state. Section 33-77(f) of the City Code provides standards that staff and the City Commission shall consider when reviewing proposed amendments to City's Official Zoning Map. The Applicant's request addresses each of the standards as follows: (1) The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. Presently, the Property is designated as Business and Office on the Future Land Use Map. Concurrent with the rezoning request, the Applicant also seeks a redesignation to Town Center in the Future Land Use Map. With that requested designation, the proposed amendment would be consistent with the City's Comprehensive Plan. (2) The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The Property is generally surrounded by a mix of commercial and residential uses, and directly borders parcels zoned TC1, TC3, and RMF4. Therefore, a mixed -use development with residential and commercial uses would be compatible in the center of all these uses. (3) The subject property is physically suitable for the uses permitted in the proposed district. The location and size of the Property, the surrounding uses, and the Property's proximity to TC1, TC3, and RMF4 zoned properties make it especially suitable for a mixed -use development, such as is contemplated with the TC1 zoning district. (4) There are sites available in other areas currently zoned for such use. There are no sites available in other areas currently zoned for such use that will allow for the development of the proposed project. (5) If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. Not applicable. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 3 (6) The proposed change would adversely affect traffic patterns or congestion. Upon site plan approval, the Applicant will submit a traffic study to address any traffic impacts and would mitigate impacts as necessary. (7) The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. The Applicant does not anticipate any adverse impacts to the City's infrastructure as a result of its redevelopment of the Property. Nevertheless, these issues can be further reviewed upon site plan submittal. (8) Whether the proposed change would have an adverse environmental impact on the vicinity. The Applicant does not anticipate any adverse environmental impact with the redevelopment of the Property. (9) Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The development is only expected to enhance safety and welfare within the surrounding area. Florida Statutes provides standards for reviewing proposed amendments to the Future Land Use Map under F.S. 163.3177. The statute requires the following be analyzed when considering a change to the Comprehensive Plan Future Land Use Map: (1) The availability of facilities and services. All required services and facilities are available to this location to fulfil the level of service requirements. Any necessary capacity allocations for water, sewer, schools will be made at the time of development order approval. (2) The suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 4 The Proposed Future Land Use Map amendment is suitable considering the Property is currently fully developed with a commercial building. (3) The minimum amount of land needed to achieve economically, socially, physically, and environmentally, and fiscally balanced development. The proposed Future Land Use Map amendment will not consume any currently undeveloped land. (4) The extent to which the development pattern of urban form discourages the proliferation of urban sprawl. The proposed Future Land Use Map amendment discourages urban sprawl by facilitating mixed -use redevelopment that will increase density and intensity in an already urban area. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238. Sincerely yours, Michael J. Marrero Enclosures cc: Jeffrey Bercow Benjamin Sherry Bercow Radell Fernandez Larkin & Tapanes 1305.377.6238 direct 1305.377.6222 fax I mmarrero@brzoninglaw.com CITY OF AVENTURA ORDINANCE NO. 2025- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING DESIGNATION OF AN APPROXIMATE 3.01 ACRE TRACT OF LAND ON THE SOUTHWEST CORNER OF NE 187 STREET AND NE 28 COURT, IDENTIFIED BY FOLIO NUMBERS 28-2203-043-0010 AND 28-2203-033- 0010, FROM "COMMUNITY BUSINESS DISTRICT (132)" TO "TOWN CENTER DISTRICT (TC1)"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 31 "Land Development Regulations", Article V Development Review Procedures", Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City Code"), the Applicant, Michael J. Marrero c/o Bercow Radell Fernandez Larkin & Tapanes, on behalf of Miami Off Center Associates, LLP, through Application No. REZ2503-0001, has applied to amend the Official Zoning Map of the City of Aventura ("Rezoning"), from B2, Community Business District, to TC1, Town Center District, for a 3.01 acre parcel of land located on the southwest corner of NE 187 Street and NE 28 Court, legally described in Exhibit "1 ", and further depicted on the Location Map attached as Exhibit "2", (the "Property"); and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes, and as the Local Planning Agency has determined that the Rezoning is consistent with the applicable provisions of the City Comprehensive Plan; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the Rezoning application and has considered the testimony of all interested parties at the public hearings, and has determined that the Rezoning action set forth in this Ordinance is consistent with the Comprehensive Plan and furthers the health, safety and welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. City of Aventura Ordinance No. 2025- Section 2. Official Zoning Map Amended. That pursuant to Chapter 31 "Land Development Regulations", Article V "Development Review Procedures", Section 31-77 "Amendments to the Land Development Regulations and Official Zoning Map" of the City Code of Ordinances ("City Code"), the Official Zoning Map of the City of Aventura is hereby amended to change the zoning designation for the Property, legally described in Exhibit "'I", and further depicted on the Location Map attached as Exhibit "2", from B2, Community Business District, to TC1, Town Center District. Section 3. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the Official Zoning Map of the City, a part of the City's Land Development Regulations pursuant to Section 31.4 of the Code, may be revised to reflect the approved change in zoning. Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Disclaimer. That pursuant to Section 166.033, Florida Statutes, all applicable state and federal permits must be obtained before commencement of the development. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of a development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 6. Effective Date. That this Ordinance shall be effective upon the effective date of the ordinance adopting a concurrent small scale amendment to the Comprehensive Plan Future Land Use Map affecting the Property. Page 2 of 4 City of Aventura Ordinance No. 2025- The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Mayor Howard S. Weinberg PASSED on first reading this 6th day of May, 2025. PASSED AND ADOPTED on second reading this V day of June, 2025. Page 3 of 4 City of Aventura Ordinance No. 2025- ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. HOWARD S. WEINBERG, ESQ. MAYOR Page 4 of 4 Exhibit "1" LEGAL DESCRIPTION As to Parcel 1: (Folio Number: 28-2203-033-0010) Tract A of GILDA TRACT, according to the Plat thereof as recorded in Plat Book 117, Page 12, of the Public Records of Miami - Dade County, Florida. As to Parcel Z: (Folio Number: 28-2203-043-0010) Tract B of GILDA TRACT FIRST ADDITION, according to the Plat thereof as recorded in Plat Book 130, Page 49, of the Public Records of Miami - Dade County, Florida. LOCATION MAP ------------ ,------------ — — — — — � z i m ui� 1 i D 1 < m � 1 VE=2707TH=ST i N;COU,NTR_Y_CLUB=DR F fD*i' - = MajorRoads _ . Aventura Municipal Boundary w Q z J J 0 J EXHIBIT #: 2 DATE:05/06/2025 AGENDA ITEM(S): 1]6Y0I:i121to] ►1 Property(s): 28-2203-033-0010 28-2203-043-0010 Existing Land Use: Business & Office Proposed Land Use: Town Center Existing Zoning: B2 Proposed Zoning: TC1 City File No.: REZ2503-0001 ACP2503-0001 y vb- #—. 2A 0 0.25 0.5 1 Miles N I I I I I I I I CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager BY: Melissa Cruz, Finance Director DATE: May 2, 2025 SUBJECT: Mid -Year Budget Amendment Ordinance — FY 2024/25 May 6, 2025 City Commission Meeting Agenda (First Reading) June 3, 2025 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2024/25 budget. BACKGROUND This mid -year budget amendment addresses "Other Items" that were not considered in the originally adopted FY 2024/25 Budget that need to be done through a corresponding budget amendment that will provide the necessary funding. Some of these items may have been previously discussed with the Commission but now require formal action. For simplicity, the following narrative addresses all of the items discussed above in "Fund/Account Number sequence" in terms of how they appear on the adjacent FY 2024/25 Budget Amendments Schedule ("Exhibit A"). General Fund — (001) — $313,210 net increase Revenues — $313,210 increase — In FY 2024/25, actual revenues anticipated to be received exceeded the amounts that were budgeted. These additional revenues will cover FY 2024/25 expenditure spend overages in the General Fund. Total revenues covering expenditures include the below: • Grants from Local Government - County (3377501) - $50,000 • Interest Earnings (3611000) - $263,210 11 Office of the City Manager (0501) $86,760 increase The majority of the increase is from the account below: 8301 — Other Grants and Aides requires a half of the payment due for the purchase included in the originally adopted budget. $82,500 budget amendment for the second of an Ambulance for Israel which was not Community Development (4001) - $75,000 increase 3190 — Professional Services — Other requires a $75,000 budget amendment for consultant expenditures related to the Mobility Plan for Uptown Aventura. $50,000 will be reimbursed with a grant from Miami -Dade County, accounted for in revenue line item Grants from Local Government - County (3377501) and the remaining $25,000 will be paid for by the City. Community Services (5001) — $8,000 increase 4101 - Telephone requires a $8,000 budget amendment due to the Verizon connectivity services for security cameras at all parks and facilities which was not included in the originally adopted budget. The purchase and installation of the cameras was funded by the ARPA grant. Arts & Cultural Center (7001) — $12,000 increase 3491 — Other Contractual Services - Other requires a $12,000 budget amendment due to changes in the valet vendor agreement for the Arts & Cultural Center that was not included in the originally adopted budget. Non -Departmental (9001) — $131,450 increase 5290 — Other Operating Supplies requires a $5,000 budget amendment due to the purchase of two (2) Automated External Defibrillators (AED's) for ACES which were not included in the originally adopted budget. 5901 — Contingency requires a $78,000 budget amendment for repairing flood damaged areas in City rights of ways in fiscal year 2023/24 and was not included in the originally adopted budget. 5906 — Hurricane Preparation requires a $1,850 budget amendment for the purchase of sandbags which were not included in the originally adopted budget. Pr 5907 — Hurricane Supplies requires a $46,600 budget amendment mainly due to the purchase of a Pop-up tent for Officers deployed to assist with Hurricane Milton on the West Coast of Florida totaling approximately $41,760 which were not included in the originally adopted budget. Other hurricane supplies were also purchased for approximately $4,840. Capital (80xx) — $0 net change Police (8020) $35,335 increase as outlined below. 6410 — Equipment > $5,000 requires a $35,335 budget amendment due to the repairs to the fuel tanks to comply with Department of Environmental Resource Management (DERM) regulations which were not included in the originally adopted budget. Community Services (8050-572) — $76,550 increase as outlined below. 6310 — Aventura Founders Park — $64,995 increase due to the below which were not included in the originally adopted budget- * $10,995 increase for the Founders Park North Basketball Court Project to install six (6) custom catch nets and fence poles for safety. o $32,000 for one (1) light pole and five (5) bollards at Founders Park South. o $22,000 for seven (7) replacement poles and shade screening for additional shade coverage on the pickleball courts. 6322 — Waterways Park Improvements — $11,555 increase for the fabrication and installation of new fencing at Waterways Park per School safety measures which was not included in the originally adopted budget. Public Works/Transportation (8054-539/541) — $182,960 increase as outlined below. 6421 — Government Center Improvements - $98,090 increase due to the below which were not included in the originally adopted budget- * $46,695 - Facility improvements on the 3rd floor o $29,845 — 5t" Floor Improvements and painting of offices, bathrooms, and lobby o $9,760 - 5t" Floor Office division in Finance department o $11,790 — HVAC Project previously funded by the ARPA grant. 6422 — Roofing Repairs Other Improvements - $33,480 increase for the emergency roof repairs at Founders North & Waterways Park Buildings. 6301 — Beautification Projects - $45,900 increase for the two (2) new City Welcome signs which were not included in the originally adopted budget. 6341 — Transportation System Improvements - $5,490 increase for delineators which were not included in the originally adopted budget. 3 Non -Departmental (8090-590) — ($294,845 decrease) as outlined below. 6208 — Building Impr/Equip - $275,825 increase due to the below which were not included in the originally adopted budget- * $825 increase due to the final inspection and repair of the DSAHS Kitchen Cut-out project o $275,000 for the Access Control for the Government Center 6999 — Capital Reserve — ($570,670) decrease which will cover the expenditure increases mentioned above under the Capital section. Transportation & Street Maintenance Fund (120) — $288,550 net increase 3110 - Engineering requires a budget amendment of $288,550 for the Vision Zero Grant, an engineering study for traffic safety, which was not included in the originally adopted budget This overage will be offset by the following revenue(s): • Federal Grants (3312200) - $256,000 • Interest (3611000) - $32,550 Citizens' Independent Transportation Trust (CITT) Fund (121) — $925,600 net increase 6305 — Road Resurfacing requires a budget amendment of $925,600 for milling and re- surfacing the remaining half of Country Club Drive which was not included in the originally adopted budget. This overage will be offset by the following revenue: • Carryover (3999000) - $925,600 If you should have any questions related to this memorandum, please feel free to contact the City Manager. C! CITY OF AVENTURA ORDINANCE NO. 2025- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2024-18 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2024/2025 FISCAL YEAR BY REVISING THE 2024/2025 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2024/2025 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. That the City Commission hereby authorizes the amendment of Ordinance No. 2024-18, which Ordinance adopted a budget for the 2024/2025 fiscal year, by revising the 2024/2025 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. That the City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2025- Section 4. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2024. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain Commissioner Gustavo F. Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain Commissioner Gustavo F. Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Ordinance No. 2025- PASSED on first reading this 6t" day of May, 2025. PASSED AND ADOPTED on second reading this V day of June, 2025. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 Budget Amendment Fiscal Year 2024/25 Exhibit A Amended Amended Object Budget Budget Budget Code Category FY2024/25 Amendment FY2024/25 Intergovernmental Revenues 3377501 Grants from Local Government - County $ Subtotal $ Miscellaneous Revenues 3611000 Interest Earnings Other Operating Expenses $ 50,000 $ 50,000 - $ 50,000 $ 50,000 $ 1,500,000 $ 263,210 $ 1,763,210 Subtotal $ 1,500,000 $ 263,210 $ 1,763,210 Total General Fund Revenues $ 1,500,000 $ 313,210 $ 1,813,210 Office of the City Manager (0501) 5901 Contingency $ - $ 4,260 $ 4,260 MMAM Subtotal $ - $ 4,260 $ 4,260 Grants & Aides 8301 Other Grants and Aides $ - $ 82,500 $ 82,500 Subtotal $ - $ 82,500 $ 82,500 * Total Office of the City Manager $ - $ 86,760 $ 86,760 Community Development (4001) Contractual Services 3190 Professional Services - Other $ 70,000 $ 75,000 $ 145,000 Total Community Development $ 70,000 $ 75,000 $ 145,000 Page 1 Amended Amended Object Budget Budget Budget Code Category FY2024/25 Amendment FY2024/25 Community Services (5001) Other Charges & Services 4101 Telephone $ 13,000 $ 8,000 $ 21,000 Subtotal $ 13,000 $ 8,000 $ 21,000 Total Community Services $ 13,000 $ 8,000 $ 21,000 Arts & Cultural Center (7001) Contractual Services 3491 Other Contractual Services - Other $ 10,000 $ 12,000 $ 22,000 Subtotal $ 10,000 $ 12,000 $ 22,000 Total Arts & Cultural Center $ 10,000 $ 12,000 $ 22,000 Non -Departmental (9001) Commodities 5290 Other Operating Supplies $ 15,000 $ 5,000 $ 20,000 Subtotal $ 15,000 $ 5,000 $ 20,000 Other Operating Expenses 5901 Contingency $ 50,000 $ 78,000 $ 128,000 5906 Hurricane Preparation - 1,850 1,850 5907 Hurricane Supplies - 46,600 46,600 Subtotal $ 50,000 $ 126,450 $ 176,450 Total Non -Departmental $ 65,000 $ 131,450 $ 196,450 Capital Outlay Police (8020-521) 6410 Equipment > $5,000 $ 510,869 $ 35,335 $ 546,204 Subtotal $ 510,869 $ 35,335 $ 546,204 Page 2 Amended Amended Object Budget Budget Budget Code Category FY2024/25 Amendment FY2024/25 Community Services (8050-572) 6310 Aventura Founders Park $ 103,302 $ 64,995 $ 168,297 6322 Waterways Park Improvements - 11,555 11,555 Subtotal $ 103,302 $ 76,550 $ 179,852 Public Works/Transportation (8054-539/541) 6421 Government Center Improvements $ 80,000 $ 98,090 $ 178,090 6422 Roofing Repairs Other Improvements - 33,480 33,480 6301 Beautification Projects 21,604 45,900 67,504 6341 Transportation System Improvements - 5,490 5,490 Subtotal $ 101,604 $ 182,960 $ 284,564 Non -Departmental (8090-590) 6208 Building Impr/Equip $ - $ 275,825 $ 275,825 6999 Capital Reserve 2,988,970 (570,670) 2,418,300 Subtotal $ 2,988,970 $ (294,845) $ 2,694,125 Total Capital Outlay $ 3,704,745 $ - $ 3,704,745 Total General Fund Expenditures $ 3,862,745 $ 313,210 $ 4,175,955 Intergovernmental Revenues 3312200 Federal Grants Miscellaneous Revenues 3611000 Interest $ - $ 256,000 $ 256,000 Subtotal $ - $ 256,000 $ 256,000 $ 150,000 $ 32,550 $ 182,550 Subtotal $ 150,000 $ 32,550 $ 182,550 Total Transportation and Street Maintenance Fund Revenues $ 150,000 $ 288,550 $ 438,550 Page 3 Public Works/Transportation (5401-541) 3110 Engineering $ - $ 288,550 $ 288,550 Total Transportation and Street Maintenance Fund Expenditures $ - $ 288,550 $ 288,550 Fund Balance 3999000 Carryover $ - $ 925,600 $ 925,600 Total Citizens' Independent Transportation (CITT) Fund Revenues $ - $ 925,600 $ 925,600 Public Works/Transportation (5401-541) 6305 Road Resurfacing $ - $ 925,600 $ 925,600 Total Citizens' Independent Transportation (CITT) Fund Expenditures $ - $ 925,600 $ 925,600 Page 4 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager DATE: April 4, 2025 SUBJECT: Ordinance Amending Code Section 48-46 to Install and Operate Speed Detection Systems in a Third City School Zone April 8, 2025 City Commission Meeting Agenda (First Reading) May 6, 2025 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the attached amendment to the ordinance enabling the City to install and operate school zone cameras in the school zone designated for the Aventura Turnberry Jewish Center & Tauber Academy. BACKGROUND In 2023, the Florida Legislature passed a law authorizing municipalities to use speed zone detection systems to enforce school zone speeding violations in excess of 10 miles over the posted speed limit. All of the above elements of state law were followed when the City passed Ordinance No. 2024-15, authorizing the placement and operation of speed detection systems in two of the City's school zones (the Aventura City of Excellence and the Don Soffer Aventura High School). After a five-day study in February 2025 at the Aventura Turnberry Jewish Center & Tauber Academy school zone, 3,376 speeding violations were detected, which constitutes a heightened safety risk that warrants the placement and operation of school zone cameras in this school zone as well. Prior to utilization of the automated system for citing motorists for speeding in this abovementioned school zone, the City must undertake a public awareness campaign and post signage regarding the placement of said system. BUDGETARY IMPACT This amendment may have a modest impact on the City's budget, as the City will receive a percentage of the school zone citations issued through the automated system. However, a service fee from each violation will be paid to the vendor to cover all costs associated with system installation, maintenance, violation processing services, DMV records access, program support, and access to the online SPE system for certified peace officer review. Additionally, the City will incur costs related to retaining a hearing officer and handling enforcement and appeals. CITY OF AVENTURA ORDINANCE NO. 2025- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 48-46 OF THE CITY'S CODE OF ORDINANCES TO AUTHORIZE THE PLACEMENT, INSTALLATION, AND OPERATION OF SPEED DETECTION SYSTEMS AT THE TURNBERRY JEWISH CENTER AND TAUBER ACADEMY SCHOOL ZONE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Section 48-46 of the City of Aventura (the "City") Code of Ordinances (the "Code") authorizes the use of automated speed detection systems to enforce school zone speed limits within the City's jurisdiction in accordance with the provisions of state law, including F.S. Ch. 316; and WHEREAS, Section 316.008, Florida Statutes, provides that a city implementing speed detection systems "must enact an ordinance in order to authorize the placement or installation of a speed detection system on a roadway maintained as a school zone" and that, as part of the public hearing on such proposed ordinance, the city must consider traffic data or other evidence supporting the installation and operation of each proposed school zone speed detection system, and "must determine that the school zone where a speed detection system is to be placed or installed constitutes a heightened safety risk that warrants additional enforcement measures;" and WHEREAS, City Commission enacted Ordinance No. 2024-15 authorizing the placement, installation and operation of speed detection systems at the school zones designated for the Aventura City of Excellence and the Don Soffer Aventura High School; and WHEREAS, RedSpeed, the City's consultant, has collected traffic data from February 3-7, 2025 and provided the "School Zone Speed Study" for the Aventura Turnberry Jewish Center & Tauber Academy school zone for consideration by the City Commission, which is attached hereto as Exhibit "A"; and WHEREAS, consistent with the requirements of Section 316.008, Florida Statutes, in consideration of creating a speed detection system program, the City held a public hearing at which traffic data demonstrating a significant safety need for traffic infraction detectors was presented at the above location; and Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2025- WHEREAS, after consideration of the traffic data provided in the Report and other relevant evidence presented at the public hearing held on April 8, 2025, the City Commission has determined that the school zone for the following school constitutes a heighted safety risk that warrants additional enforcement measures pursuant to Section 316.008(9), Florida Statutes: Aventura Turnberry Jewish Center & Tauber Academy - 20400 NE 30th Avenue, Aventura, FL; and City. WHEREAS, the City has determined that this Ordinance in the best interest of the NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS THAT: Section 1. Recitals Adopted. Each of the above stated recitals is hereby adopted and confirmed. Section 2. City Code Amended. Section 48-46 of the Code of Ordinances, City of Aventura, Florida, is hereby amended as follows: 1 Sec. 48-46. Speed detection systems in school zones. (d) Determination of Safety Need. SDSs are authorized for use at the following locations, based upon the City Commission's finding that the school zones where speed detection systems are to be placed or installed constitute a heightened safety risk that warrant additional enforcement measures: • Aventura City of Excellence School - 3333 NE 188t" Street, Aventura, FL • Don Soffer Aventura High School - 351 NE 213t" Street, Aventura, FL • Aventura Turnberry Jewish Center and Tauber Academy - 20400 NE 30th Avenue, Aventura. FL (e) Implementation of Speed Limit Detection Systems in School Zones. (1) In accordance with the Laws of Florida, as of the effective date of this ordinance, the City authorizes the implementation of the provisions and requirements of F.S. §§ 316.008 and 316.1896. The City will implement speed detection systems within the City of Aventura consistent with the placement and installation specifications established by the Florida Department of Transportation, as such may be amended from time to time, to enforce Page 2 of 5 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2025- unlawful speed violations, as specified in F.S. §§ 316.1895 and 316.183, on roadways maintained as school zones. (2) Designation of Local Hearing Officer. The City's Special Magistrate, as a Local Hearing Officer, is designated to conduct hearings requested by alleged violators desiring to contest notices of violation detected by SDS in accordance with F.S. Ch. 316. (3) Designation of Local Hearing Officer Clerk. The Special Magistrate Clerk is designated to serve as the clerk for the Local Hearing Officer. (4) Pursuant to F.S. § 316.1896, a traffic infraction enforcement officer under F.S. § 316.640, is authorized to issue uniform traffic citations for violations of F.S. §§ 316.1895 and 316.183, as authorized by F.S. § 316.008(9). (5) Notices, Penalties and Appeals. The City's Police Chief, or designee, shall provide notices of violation, assess penalties, remit applicable portions of assessed penalties, and provide for hearing procedures and appeals consistent with the requirements of the administration and enforcement of the SDS under F.S. Ch. 316, as such may be amended from time to time. (6) Signage and Public Awareness Campaign. The City's Police Chief, or designee, shall post signage and conduct a public awareness campaign regarding the placement or installation of speed detection systems consistent with the administration and enforcement of the SDS under F.S. Ch. 316, as such may be amended from time to time. (7) Reporting. The City's Police Chief, or designee, shall comply with the SDS reporting requirements under F.S. Ch. 316, as such may be amended from time to time. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Ain, 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: Page 3 of 5 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2025- Commissioner Clifford B. Ain Yes Commissioner Gustavo Blachman Yes Commissioner Amit Bloom Yes Commissioner Paul A. Kruss Yes Commissioner Cindy Orlinsky Yes Vice Mayor Rachel S. Friedland Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Rachel S. Friedland Mayor Howard S. Weinberg PASSED on first reading this 8t" day of April, 2025. PASSED AND ADOPTED on second reading this 6t" day of May, 2025. Page 4 of 5 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2025- 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 5 of 5 Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. Rr:dSpr:r:d8 School Zone Speed Study Conducted by RedSpeed for City Of Aventura February 3rd thru 7th, 2025 - Duringa Five -Da traffic stud conducted b RedS eed for the Y Y Y p City of Aventura, more than 200 daily drivers exceeded the posted speed limit by over 10 mph in each of the top one (1) school zones listed below. Aventura Turnberry Jewish Center & Tauber NE 30th St Academy 3376 675 RedSpeed® Florida M Florida Schools Speed Study Aventura Turnberry Jewish Center & Tauber Academy, City of Aventura STUDY LOCATION: SCHOOL ZONE SPEED LIMIT (During Enforced Hrs): SPEED LIMIT (During Normal Hrs): NE 30th Ave 15 MPH 30 MPH VIOLATION TRIGGER SPEED: 26 MPH and 41 MPH (Respectively) SCHOOL ZONE HOURS OF OPERATION: 7:15 AM — 8:15 AM / 3:15 PM - 4:00 PM STUDY DATE & TIME: 02-03/07-2025 (5 Days), 6:00 AM — 6:00 PM TRAFFIC STUDY VEHICLE COUNT: 22,736 WEATHER CONDITIONS: FAIR, NO RAIN # OF LANES: DIRECTION: VIOLATIONS DETECTED: ONE LANE IN EACH DIRECTION NORTHBOUND — SOUTHBOUND 3,376 RedSpeed® Florida MAventura Turnberry Jewish Center & Tauber Academy, City of Aventura Violations Recorded: 400 350 300 250 200 150 100 50 0 Traffic Count: 0 5,000 l0,000 15,000 20,000 25,000 Speeding Vehicles 300 w . 290 . 4 26 267 �44 i41 ii \ \ 1 203 1 4' 4 y 1 1 \ ii1 �' 1 7:15am - 8:15am 8:15am - 3:15pm 3:15pm - 4:00pm 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 31+ MPH 0 0 0 0 0 0 2,884 51+ MPH 0 43 69 66 78 81 69 71 15 492 Total 916 504 69 66 78 81 69 71 1,522 3,376 Study Dates 7:15a m - 8:15a m 8:15am-3:15pm 3:15pm - 4:00pm Total Vehicle Count Total#of Violators Overall %of Violators Vehicle Count riofViolators Vehicle Count pofViolators Vehicle Count pofViolators 2/3/2025 344 261 3,764 97 452 292 .� 2/4/2025 2/5/2025 354 395 267 300 3,446 3,735 91 108 361 493 203 342 . 2/6/2025 2/7/2025 380 1 3511 290 259 3,795 3,967 112 84 433 466 291 379 �•' Totals —mar22,736 3,376 RedSpeed® Florida CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM- Bryan Pegues, City Manager DATE: May 2, 2025 SUBJECT: Initial Rate Resolution to Preliminarily Adopt a Stormwater Utility Fee May 6, 2025 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt this rate resolution to preliminarily adopt a Stormwater Utility Fee, to set a Public Hearing, and provide notice of such Public Hearing as required by the Uniform Method of Collection Act. CITY OF AVENTURA RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RELATING TO THE PROVISION OF A STORMWATER MANAGEMENT SYSTEM WITHIN THE CITY; DECLARING THE IMPOSITION OF A STORMWATER UTILITY FEE; ESTABLISHING THE METHOD BY WHICH THE PROPOSED STORMWATER UTILITY FEE SHALL BE CALCULATED; DESIGNATING THE LANDS UPON WHICH THE STORMWATER UTILITY FEE SHALL BE LEVIED; STATING THE ESTIMATED COST OF PROVIDING AND MAINTAINING THE STORMWATER UTILITY, THE INITIAL RATE AND THE MAXIMUM RATE FOR THE PROVISION OF THE STORMWATER MANAGEMENT SYSTEM; DIRECTING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED STORMWATER UTILITY FEE AND THE RATES TO BE IMPOSED AND THE METHOD OF THEIR COLLECTION AND DIRECTING THE PROVISION OF NOTICE THEREOF; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Aventura, Florida (the "City") is a municipality located along Biscayne Bay in Miami -Dade County, Florida; and WHEREAS, on August 5, 1997, the City adopted Ordinance No. 97-18, establishing the City's stormwater management system, which is codified in Chapter 30, Article III, Division 2 of the City's Code of Ordinances (the "Stormwater Code"); and WHEREAS, on November 7, 2023, the City enacted Ordinance No. 23-18, which amended the Stormwater Code to provide for collection of the Stormwater Utility Fee, as defined in the Stormwater Code, pursuant to Section 197.3632, Florida Statutes (the "Uniform Method of Collection Act"); and WHEREAS, on October 3, 2023, the City adopted Resolution No. 2023-51, authorizing the use of and pursuant to the Uniform Method of Collection Act, with respect to the Stormwater Utility Fee commencing with the November 2024 tax bill and continuing each fiscal year until the City decides otherwise; and WHEREAS, in accordance with the Stormwater Code, as amended, this resolution is the Resolution establishing the stormwater utility rate and providing for a public hearing as required by Section 197.3632(4)(a), (b), and (c) of the Uniform Method of Collection Act, in order to collect the Stormwater Utility Fee on the tax roll; and WHEREAS, the City has determined under the Stormwater Code to assess a Stormwater Utility Fee against each Developed Property within the City for services and facilities provided by the Stormwater Management System using an Equivalent City of Aventura Resolution No. 2025- Residential Unit basis ("ERU") and has assigned each Developed Property within the City a classification of Single-family Dwelling Unit, Multi -family Dwelling Unit or Nonresidential Developed Property; and WHEREAS, the City has assigned each Developed Property an ERU as determined in accordance with the Stormwater Code; and WHEREAS, on April 8, 2025, the City adopted Resolution No. 2025-28, providing for an increase in the Stormwater Utility Fee to $6.175 per month to be effective on October 1, 2025; and WHEREAS, the Stormwater Code provides that the rate per ERU to be used in calculating the Stormwater Utility Fees, which is consistent with the Uniform Method of Collection Act, shall be set by Resolution of the City after a Public Hearing; and WHEREAS, in order to provide for anticipated increases in the cost of providing Stormwater Utility Management over the years, including providing for additional Stormwater Infrastructure (as defined in the Stormwater Code), a Maximum Rate shall be determined herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS INCORPORATED. That each of the above -stated recitals is hereby adopted and confirmed. SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions of the Stormwater Code, Sections 166.021 and 166.041, Florida Statutes, Section 197.3632, Florida Statutes, (the "Uniform Method of Collection Act"), the Stormwater Code and other applicable provisions of law. SECTION 3. PURPOSE AND DEFINITIONS. This Resolution is an initial Rate Resolution to preliminarily adopt a Stormwater Utility Fee, to set a Public Hearing, and provide notice of such Public Hearing as required by the Uniform Method of Collection Act, at which it shall be determined by Resolution the final Stormwater Utility Fees. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Stormwater Code, or if not defined therein, as set forth in the Uniform Method of Collection Act. SECTION 4. FINDINGS. The above recitals are hereby determined to be true and correct and incorporated herein by reference. It has been ascertained and determined by the City Commission in the Stormwater Code such legislative determinations, as set forth therein is hereby incorporated herein by reference. Specifically, it has been determined that: (A) The collection of and disposal of stormwater and regulation of groundwater are of benefit to all property within the City including property not currently served by the Page 2 of 5 City of Aventura Resolution No. 2025- System. (B) The cost of operating and maintaining the System should, to the extent practicable, be allocated in relationship to the contributions to the System. SECTION 5. DETERMINATION OF STORMWATER MANAGEMENT SYSTEM COST; ESTABLISHMENT OF STORMWATER UTILITY FEE AND ESTABLISHMENT OF THE MAXIMUM RATES. 5.1 The annual cost shall be determined as the amount necessary to fund the cost of the Stormwater Management System allocable to Developed Properties during a Fiscal Year and shall include, but not be limited to: (A) any annual debt service payment, which includes, principal, interest, reasonable reserves and cost of issuance of the bond or note in connection with the financing of Stormwater Infrastructure, if any; (B) all costs associated with the operation of the Stormwater Management System, including repair and maintenance of Stormwater Infrastructure; and (C) all costs associated with the collection and enforcement of the Stormwater Utility Fee using the Uniform Method on the tax bill, including any service charges of the Miami -Dade County Tax Collector or Property Appraiser, and the discount for early payment of taxes (collectively, the "Annual Stormwater Management System Cost"); and 5.2 For each Fiscal Year in which Stormwater Utility Fees are imposed, the Annual Stormwater Management System Cost shall be allocated to each Developed Property as provided in Section 4 of the Stormwater Code. 5.3 For the purposes of Fiscal Year 2025-2026, the Annual Stormwater Management System Cost is estimated to be $4,511,000.00. 5.4. Based upon the estimated costs as set forth in sections 5.3 above, together with existing fund balances and the calculations of estimated number of ERU's associated with the Developed Property the City Commission has determined the following: (A) the annual rate to be charged for the Stormwater Utility Fee for each ERU for Fiscal Year 2025-2026 shall be seventy-four dollars and ten cents ($74.10), which is $6.175 per month. (B) In order to provide for any escalation in Annual Stormwater Management System Costs for any subsequent Fiscal Year, an annual Maximum Rate for each ERU which includes the cost of collection, is hereby established not to exceed Ninety dollars and no cents ($90.00), which equates to $7.50 per month. (C) If the City is collecting the Stormwater Utility Fee as provided in the Uniform Method of Collections Act, such annual Maximum Rates may only be exceeded upon adoption of a Resolution after providing for a public hearing as required by the Uniform Method of Collections Act. Page 3 of 5 City of Aventura Resolution No. 2025- SECTION 6. PRELIMINARY NON -AD VALOREM ASSESSMENT ROLL. 6.1 The City Manager has prepared, a Stormwater Utility Fee non -ad valorem assessment roll for the Fiscal Year 2025-2026, in the manner provided in the Stormwater Code and Uniform Method of Collection Act (the "Preliminary Assessment Roll"). Such Preliminary Assessment Roll shall contain the following information, which is set forth in Exhibit A, hereto: (1) a summary description of each Developed Property within the City conforming to the description contained on the most recent Miami -Dade County Tax Roll, or Folio Number, (2) the name and address of the owner of record of Developed Property as shown on the most recent Miami -Dade County Tax Roll, (3) the amount of the total Annual Stormwater Utility Cost to be assessed against all the Developed Properties, (4) the unit of measurement to be applied to determine the Stormwater Utility Fee for each Developed Property and the total units in the City (5) the Stormwater Utility Fee for such Developed Property and (6) the Maximum Rate for each Developed Property that may be imposed during any Fiscal Year. The Preliminary Assessment Roll shall be open to public inspection. The foregoing shall not be construed to require that the Preliminary Assessment Roll be in printed form if the amount of the annual Stormwater Utility Fee for each Developed Property can be determined by use of a computer terminal available to the public. 6.2 It is hereby ascertained, determined, and declared that the foregoing method of determining the Stormwater Utility Fees for the Stormwater Management System is a fair and reasonable method of apportioning the Annual Stormwater Utility Cost among parcels of Developed Property, and the use of the Uniform Method of Collection Act for collection is an efficient mechanism to address payment delinquencies and recover Stormwater Utility Fees which are allocable to specific parcels of Developed Property. SECTION 7. AUTHORIZATION OF PUBLIC HEARING; NOTICE. The City Commission hereby finds and determines that a public hearing is to be held by the City Commission at City Hall located at 19200 W Country Club Drive, Aventura, FL 33180 6.00 p.m. on July 1, 2025, or as soon as practicable thereafter, to be set forth in the notice of meeting, to consider: (A) the purpose of the Stormwater Utility Fee, (B) the estimated annual Stormwater Management System Costs for Fiscal Year 2025-2026, (C) imposition and apportionment methodology of the Stormwater Management System Costs to the Developed Property, and (D) collection of the Stormwater Utility Fee pursuant to the Uniform Method of Collection Act commencing with the tax bill to be mailed in November 2025. SECTION 8. NOTICE BY MAIL. 8.1 The City Manager shall, at the time and in the manner specified in Section 197.3632(4)(b), Florida Statutes, direct the provision of first class United States mailed notice of the public hearing authorized by Section 7 hereof by the City Clerk to each property owner of the Developed Properties, or with respect to the Multi -family Dwelling Units, to each owner of a Dwelling Unit at the address indicated on the Tax Roll. Such notice shall contain the information required for mailed notice set forth in Section 197.3632(4)(b), Florida Statutes, a form of which is attached as Exhibit "B". Page 4 of 5 City of Aventura Resolution No. 2025- 8.2 Proof of such mailings shall be made by affidavit of the City Clerk and be kept on file with the City Clerk. SECTION 9. NOTICE BY PUBLICATION. The City Manager shall direct the City Clerk to publish a notice of the public hearing authorized by Section 7 hereof in the manner and the time provided in Section 197.3632(4)(b), Florida Statutes. Such notice shall contain the information required by Section 197.3632(4)(b), Florida Statutes, for published notice, a form of which is attached hereto as Exhibit "C". SECTION 10. REVISIONS TO ASSESSMENTS. If any Stormwater Utility Fee made under the provisions of this Resolution is either in whole or in part annulled, vacated, or set aside by the judgment of any court, or if the City Commission is satisfied that any such Stormwater Utility Fee is so irregular or defective that the same cannot be enforced or collected, or if the City Commission has failed to include or omitted any Developed Property or Multi -family Dwelling Unit on the Preliminary Assessment Roll which property should have been so included, the City Commission may take all necessary steps to impose a new Stormwater Utility Fee against any such property using the Stormwater Management System following as nearly as may be practicable, the provisions of the Stormwater Code and the Uniform Method of Collection Act and in case such second Stormwater Utility Fee is annulled, vacated, or set aside, the City Commission may obtain and impose other Stormwater Utility Fees until a valid Stormwater Utility Fee is imposed. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 6t" day of May, 2025. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO FORM AND LEGALITY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 5 of 5 City of Aventura Resolution No. 2025- 0 - - ZO 1 0 - A swirl "a—We'UM • - • Due to the size, the exhibit is on file with the City Clerk A-1 City of Aventura Resolution No. 2025- •- • a i1i M I m 21 DII, We C ***** NOTICE TO PROPERTY OWNER ***** City of Aventura, Florida 19200 W Country Club Drive Aventura, Florida 33180 [insert name of property owner] [insert address from tax roll l Dear Property Owner: CITY OF AVENTURA, FLORIDA NOTICE TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENT NOTICE DATE: _,2025 Tax Parcel No.: Legal Description: As required by Section 197.3632, Florida Statutes, notice is given by the City of Aventura, Florida (the "City"), that annual fees for the Stormwater will be collected using the tax bill collection method, may be levied on your property for the fiscal year beginning October 1, 2025 - September 30, 2026. The stormwater utility fee assessed against each developed property within the City is in accordance with the Code of Ordinances, Chapter 30 — ENVIRONMENT, Article III — Stormwater, Division 2 — Stormwater Utility System Sec.30-94 stormwater utility fee. All single-family dwelling units are assigned one Equivalent Residential Unit ("ERU"), Multifamily dwellings are assigned one ERU per dwelling unit, and Nonresidential developed properties are assigned one ERU per 1,548 square feet of impervious area. The fee is calculated by multiplying the annual rate of $74.10 per one ERU, by the number of ERUs assessed to each developed property as adopted by Resolution No. 25-28 on April 8, 2025. The revenue to be collected within the City from the stormwater utility fee is estimated to be $2,470,049, (including the cost of collection), for Fiscal Year commencing October 1, 2025. • The above parcel is subject to the stormwater utility fee. • The total number of ERUs on the above parcel is • The maximum annual stormwater fee for Fiscal Year 2025-26 and thereafter is $90.00 per ERU. A public hearing will be held by the City Commission at City Hall located at 19200 W Country Club Drive, Aventura, FL 33180 at 6:00 p.m. on July 1, 2025, or as soon as practicable thereafter, for the purpose of receiving public comment on the proposed stormwater utility fees. All property owners within the City were mailed individual notices similar to this one. Subsequently, only owners of reclassified property which results in an increased in the stormwater utility fee, or owners of property not included on the prior year's assessment roll will receive updated mailed notice in addition to the annual published notice. You and all other affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 calendar days of the date of this notice. Persons wishing to appeal any decision made by the City Commission with respect to any matter considered at such hearing(s) 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 includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act of 1990 (ADA), persons needing special accommodations to participate in these proceedings should contact the City Clerk's Office for assistance at (305) 234-4262, no later than four (4) business days prior to such proceeding. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the fee rate and the imposition of the fee), such action shall be the final adjudication of the issues presented. The City Commission may continue or defer the hearing(s) to a new date and time certain without further notice provided the date and time of the continuance or deferral is announced at the hearing(s). The Resolution and the preliminary assessment roll in their entirety may be inspected at the Office of the City Clerk during regular business hours. The Stormwater Utility Fee will be collected on the ad valorem tax bill to be mailed in November 2025, as authorized by Section 197.3632, Florida Statutes. Failure to pay the stormwater utility fee will cause a tax certificate to be issued against the real property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your stormwater utility fee, please contact the City Finance Department at (305) 466-8920, Monday through Friday between 8:30 a.m. and 5:00 p.m. *****THIS IS NOT A BILL***** City of Aventura Resolution No. 2025- EXHIBIT C FORM OF PUBLISHED NOTICE C-1 PUBLISHED NOTICE NOTICE OF PUBLIC HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF STORMWATER UTILITY FEE IN THE CITY OF AVENTURA As required by Section 197.3632, Florida Statutes, notice is hereby given by the City of Aventura, Florida (the "City") will conduct a public hearing to consider imposing an annual stormwater utility fee the purpose of funding the City's Stormwater Utility to be collected using the tax bill collection method. The public hearing will be held by City Commission at City Hall located at 19200 W Country Club Drive, Aventura, FL 33180 at 6:00 p.m. on July 1, 2025, or as soon as practicable thereafter, for the purpose of receiving public comment on the proposed stormwater utility fee. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. The revenue to be collected within the City from the stormwater utility fee is estimated to be $2,470,049 (including the cost of collection), for Fiscal Year commencing October 1, 2025. The stormwater utility fee assessed against each developed property within the City is in accordance with the Code of Ordinances, Chapter 30 — ENVIRONMENT, Article III — Stormwater, Division 2 — Stormwater Utility System, Sec.33-94 stormwater utility fee. All single-family dwelling units are assigned one Equivalent Residential Unit ("ERU"), Multifamily dwellings are assigned one ERU per dwelling unit, and Nonresidential developed properties are assigned one ERU per 1,548 square feet of impervious area. The fee is calculated by multiplying the annual rate of $74.10 per one ERU, by the number of ERUs assessed to each developed property adopted by Resolution No. 25-28 on April 8, 2025 (the "Assessment Resolution"). The maximum fee is calculated by multiplying the annual rate of $90.00 per one ERU, by the number of ERUs assessed to each developed property adopted by the Assessment Resolution. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the public hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. The City Commission may continue or defer the hearing(s) to a new date and time certain without further notice provided the date and time of the continuance or deferral is announced at the hearing(s). The Resolution and the preliminary assessment roll in their entirety may be inspected at the Office of the City Clerk during regular business hours. The Stormwater Utility Fee will be collected on the ad valorem tax bill to be mailed in November 2025, as authorized by Section 197.3632, Florida Statutes. Failure to pay the stormwater utility fee will cause a tax certificate to be issued against the real property which may result in a loss of title. Persons wishing to appeal any decision made by the City Commission with respect to any matter considered at such hearing(s) 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 includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act of 1990 (ADA), persons needing special accommodations to participate in these proceedings should contact the City Clerk's Office for assistance at (305) 466-8919, no later than four (4) business days prior to such proceeding. Ellisa L. Horvath, MMC City Clerk CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA