Resolution Zoning 13-Z-136 - Laserfiche WebLink

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Ms. Claudia Hasbun, Zoning Administrator November 26, 2012 Page 3 On June 17, 2004, the Sunny Isles Beach City Commission, approved Resolution No. 04-Z-85, as modified by Resolution No. 06-Z-100 on April 11, 2006, which permitted the development of a project which was a 45 story, 232 unit multifamily condominium project which was tentatively named "Paramount Beach". In conjunction with those approvals, the then developer filed a Declaration of Restrictions and Grant of Easement, as required as a condition of those approvals. The prior approvals had lapsed due to the economic crunch and the inability of that developer to obtain the necessary building permit within the time permitted by the approvals. The Old Declaration created four (4) easements: a 15' wide beach access easement at the north boundary of the property; a 15' wide beach access easement at the south boundary of the property; a 10' wide Streetscape easement adjacent to Collins Avenue; and, a 10,000 square foot Ocean Front Park Easement on the ocean-side of the property. We request that the Old Declaration be released and, instead, a New Easement be approved that would: eliminate the 15' southerly beach access easement; increase the width of the northerly beach access easement; reconfigure the 10,000 square foot Ocean Front Park Easement; and, reestablish the 10' wide Streetscape easement. It should be noted that by increasing the width of the northerly beach access easement to 20' feet, that easement would be combined with the existing 20 foot wide beach access easement that exists at the southern boundary of the Jade Beach project, thereby creating a more appealing and accessible combined 40 foot northerly beach access easement. Lastly, at present there is no median cut allowing direct access to the subject property. As such, residents or visitors to the subject project traveling southbound on Collins Avenue would have to drive approximately 875' south of the property to the intersection of Sunny Isles Boulevard and Collins Avenue to make a U-turn right in front of the Newport Resort. As shown in our submitted traffic study, of all of the intersections studied, this intersection operates at what appears to be the lowest Level of Service of any intersection in the City. Moreover, as you are aware, many times the intersection's ability to handle such U-turn traffic is further exacerbated at any time that the Newport has any significant event, whether it be in the morning or evening. We respectfully submit that adding additional U-turn traffic to this intersection would not be in the best interest of either the City or the developer. Lastly, it should be also noted that allowing the requested median cut would have a secondary benefit. At present, Jade Beach does not have direct access to its site from southbound Collins Avenue traffic and their residents and visitors have to travel approximately 1,100 feet to make their U-turn at the same, congested intersection of Sunny Isles Boulevard and Collins Avenue. We also believe that removing Jade Beach's traffic and our project's traffic from the intersection, along with changes to the timing of the WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L.