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05-06-2025 Local Planning Agency Meeting AgendaCITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..� V r■. e4 q LOCAL PLANNING AGENCY MEETING AGENDA May 6, 2025 6:00 p.m. Aventura Government Center Commission Chambers Local Planning Agency AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA Mayor Howard S. Weinberg, Esq. 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 Local Planning Agency Meeting Agenda May 6, 2025 AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA: 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: April 8, 2025 4. PUBLIC HEARINGS — MOTION RECOMMENDING ADOPTION OF THE FOLLOWING: 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 Aventura Local Planning Agency Meeting Agenda May 6, 2025 5. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura Local Planning Agency or Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing, or may be requested through the Office of the City Clerk at (305) 466-8901 or cityclerk@cityofaventura.com. CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission, Acting in its Capacity as the Local Planning Agency for the City of Aventura FROM: Ellisa L. Horvath, MMC, City Clerk �" DATE: May 2, 2025 SUBJECT: Approval of Minutes May 6, 2025 Local Planning Agency Meeting Agenda RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Local Planning Agency for the City of Aventura, approve the attached minutes as provided by the City Clerk, for the Local Planning Agency meeting held as listed below. BACKGROUND A meeting was held and minutes have been provided for the City Commission, acting in its capacity as the Local Planning Agency, for approval of the following: • April 8, 2025 Local Planning Agency Meeting Should you have any questions, please contact me. /elh attachment CITY OF AVENTURA LOCAL PLANNING AGENCY MEETING MINUTES APRIL 8, 2025 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 Aventura City Commission acting in its capacity as the Local Planning Agency for the City of Aventura: 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weinberg at 6:10 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 led by the Aventura Police Department Explorers. 3. APPROVAL OF MINUTES (February 20, 2025): A motion to approve the minutes of the February 20, 2025 meeting was offered by Commissioner Bloom, seconded by Commissioner Kruss, and unanimously passed by roll call vote. 4. PUBLIC HEARINGS - MOTION RECOMMENDING ADOPTION OF THE FOLLOWING: Mr. Meyers reviewed the quasi-judicial procedures for Item 4 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: Mrs. Horvath read the following Resolution title: 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 City of Aventura Local Planning Agency Meeting Minutes April 8, 2025 A motion to recommend adoption of the Resolution was offered by Vice Mayor Friedland and seconded by Commissioner Orlinsky. 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 following provided comments of 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. The City Commission discussed the item. The motion to recommend adoption of the Resolution passed unanimously by roll call vote. 5. ADJOURNMENT: There being no further business to come before the Local Planning Agency, a motion to adjourn was offered by Commissioner Kruss, seconded by Vice Mayor Friedland, and unanimously passed; thereby adjourning the meeting at 6.20 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Local Planning Agency on May 6, 2025. Page 2 of 2 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. 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. 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. 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