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<br />Robert C. Solera <br />November 3,2008 <br />Page 2 <br /> <br />were properly identified on the plans and were permitted uses under the applicable zoning at the <br />time of the approvaL The Resort did not receive a separate approval for a beach club use, as it <br />was not necessary under the RU-4A zoning. Fortune believed that their approval included the <br />beach club use, and operated the facility until the City advised them that a conditional use <br />approval was required. <br /> <br />II, THE REQUEST <br /> <br />Although the Resort has been approved and is comprised of resort-related services and <br />amenities, all of which would comprise the private beach club use, the City has indicated that <br />separate conditional use approval would be necessary. As a result, Fortune is requesting that the <br />City grant conditional use approval to formally establish the private beach club use at the <br />Property. It is important to note that the private beach club use will not alter or expand the <br />existing facilities, The offering of 240 beach club memberships will only expand the scope of <br />persons allowed to enjoy the existing facilities to include non-resort guests, <br /> <br />Even though the Resort was approved to provide sufficient parking for the resort facilities <br />based upon the square footage of such facilities, which again, will not change, Fortune is <br />proposing to provide additional off-site parking to accommodate potential overflow from the <br />additional private beach club patrons. The additional parking will be located approximately <br />1,500 feet from the Property under the William Lehman causeway and will provide sixty (60) <br />additional parking spaces. As required by the Resolution, the parking for the Resort and the <br />proposed private beach club use will continue to be by valet only. <br /> <br />III. THE JUSTIFICATIONS <br /> <br />Consistent with Comprehensive Plan. The proposed private beach club use is consistent <br />with the Comprehensive Plan, including the Property's land use designation. Fortune's request <br />enhances the Resort's mixed use resort development by opening its existing beach club facilities <br />to serve the surrounding residential community, including the neighboring residential <br />condomini ums. <br /> <br />Not detrimental to public health, safety or general welfare. The Resort has been and will <br />continue to be a well maintained luxury facility and will not be detrimental to or endanger the <br />public health, safety or general welfare of the community, The existing facilities on the Property <br />will not be altered or expanded by the proposed private beach club use in any way. Further, <br />Fortune believes that the use of the facilities by non-resort guests will not present any <br />overcrowding or traffic problems. These guests will likely only utilize the private beach club <br />facilities during daytime hours, which would not conflict with the other nighttime operations of <br />the Resort. <br /> <br />Consistent with community character. The proposed private beach club use is also <br />consistent with the community character of the immediate neighborhood. As stated above, the <br /> <br />'- <br /> <br />1500 Miami Center' 201 South Biscayne Boulevard. Miami. Florida 33131 . ph 305,358.6300. F.. 305,381.9982' www.shutts.com <br /> <br />MIAMI FORT 1.I\lil)ERDAI.E WEST I',\I.M BEACH ORI.ANDO rA,'yll'A TAl I.'\H "SfF '\,\1\, 1'11D:\M <br />