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<br /> <br />OF SUN <br /> <br />City of Sunny Isles Beach <br />18070 Collins Avenue, Suite 250 <br />Sunny Isles Beach, Florida 33] 60 <br /> <br />(305) 947-0606 City Hall <br />(305) 949-3 II 3 Fax <br />(305) 947-2150 Building Department <br />(305) 947-5107 Fax <br /> <br />City Commission <br />Norman S. Edelcup, Mayor <br />Lewis J. Thaler, Vice Mayor <br />Gerry Goodman, Commissioner <br />Roslyn Brezin, Commissioner <br />Danny Iglesias, Commissioner <br /> <br />A. John Szerlag, City Manager <br />Hans Ottinot, City Attorney <br />Jane A. liines, CMC, City Clerk <br /> <br />MEMORANDUM <br /> <br />TO: The Honorable City Commission <br /> <br />FROM: Hans Otlinof, City AtlOrnCyrJf?J <br />DATE: May 17,2007 <br /> <br />RE: Marina Bay Settlement Agreement <br /> <br />RECOMMENDA TIONS: <br /> <br />The attached Resolution and Settlement Agreement are presented for your consideration and <br />approval. <br /> <br />REASONS: <br /> <br />The purpose of the attached settlement is resolved all disputes involving code violations <br />committed by Marina Bay Condominium-Hotel ("Madna Bay") with respect to the occupancy <br />restriction imposed on apartment-hotels. <br /> <br />Zoning History <br /> <br />By Resolution No. 98-2-20, adopted on September 17, 1998, and Resolution No. 98-2-26, <br />adopted on November 12, 1998 (collectively the "Resolution"), the City Commission approved <br />the Marina Bay project as an apartment-hotel. A copy of the Resolution is attached hereto. The <br />zoning history reflects that Marina Bay was approved for one hundred (100) residential units <br />with one of the units being designated as the Manager's apartment on the site plan. A copy of <br />the pertinent section of the site plan is attached. At the time of the original approval, the <br />developer as a matter of right could have sought approval for 103 units for the Marina Bay <br />project. <br /> <br />As you know, apartment-hotels are permitted to have greater density than a condominium under <br />the City Code because apartment-hotels are transient uses which have less, or no long term <br />capital impact on the City's infrastructure. Under the County Code, as amended by the City, <br />apartment-hotels like Marina Bay are subject to an occupancy restriction which provides that no <br />more than five percent (5%) of the overall apartment-hotel units shall be occupied by the same <br />owner more than six (6) months within a twelve (12) month period. As such, in the Marina Bay <br /> <br />Agenda Item <br /> <br />Date <br />