HomeMy WebLinkAboutZoning Resolution 22-Z-189RESOLUTION NO. 22-Z- I al
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2021-22)
SUBMITTED BY LA PLAYA BEACH ASSOCIATES, LLC, FOR THE PROJECT ENTITLED
"LA PLAYA BEACH" FORMERLY KNOWN AS, "LA PLAYA VARADERO", LOCATED
AT 18801 COLLINS AVENUE, TO INCREASE THE HEIGHT OF BOTH THE NORTH AND
SOUTH TOWERS BY FIVE (5) STORIES, TO INCREASE THE FLOOR AREA RATIO
(FAR) BY 281 SQUARE FEET BRINGING THE OVERALL FAR OF THE PROJECT TO
5.98 FAR OR 1,228,435 SQUARE FEET, TO ALLOW FOR A CONDITIONAL USE TO
INCLUDE A PRIVATE MEMBERS CLUB, OFFERING LA PLAYA RESIDENT AND
PUBLIC ACCESS TO A PRIVATE SPA TOTALING 8,000 SQUARE FEET AND A BEACH
BAR AND GRILL RESTAURANT TOTALING 5,200 SQUARE FEET (INDOOR AND
OUTDOOR DINING), TO INCLUDE A RESTAURANT OPEN TO THE PUBLIC
TOTALING 8,462 SQUARE FEET (INDOOR AND OUTDOOR DINING), TO MODIFY
THE BUILDING AMENITIES TO INCLUDE 17 CABANAS AND 13 GUEST SUITES, TO
ALLOW A SHARED PARKING AGREEMENT BETWEEN THE SPA AND RESTAURANT
USES, TO ALLOW FOR A PAYMENT AGREEMENT FOR THE APPROVED TRANSFER
DEVELOPMENT RIGHTS (TDRS) AND FAR BONUSES ON TERMS AS APPROVED BY
THE CITY COMMISSION, TO ALLOW FOR AN EXTENSION OF TIME TO PULL A
BUILDING PERMIT FOR A TOTAL OF 72 MONTHS FROM THE DATE OF SITE PLAN
APPROVAL, TO ALLOW USE OF TEMPORARY MURALS AND GRAPHICS ON A
TEMPORARY CONSTRUCTION FENCE; PROVIDING THE CITY MANAGER WITH
THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, La Playa Beach Associates, LLC (the "Applicant") is seeking approval to modify
the approved site plan pursuant to Resolution No. 15-Z-156 adopted on November 19, 2015
which included two 56 -story towers consisting of 431 residential condominiums, 60 hotel units
and 90 apartment -hotel units and 1,228,435 square feet of floor area ratio (FAR), which was later
modified pursuant to Resolution No. 16-Z-158 adopted April 21, 2016, to include two 56 -story
towers consisting of 490 residential condominiums, 12 cabanas, 7,781 square feet of restaurant
space, 7,780 square feet office space and 1,850 square feet of retail space and 1,228,154 square
feet of FAR; and
WHEREAS, the Applicant's site plan modification application requests the following:
1. Pursuant to Section §265-18 and §265-35 of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a Site Plan Modification for the
project "La Playa Beach" formerly known as, "La Playa Varadero". The proposed
modification includes a height increase of 5 stories for both the north and south
condominium towers, bringing the north and south condominium towers to a maximum
of 62 stories or 750'-0" NGVD. Additionally, the Applicant is requesting an increase of 281
square feet of Floor Area Ratio (FAR), for a total of 5.98 FAR or 1,228,435 square feet of
FAR for the overall project. The total number of dwelling units, as proposed, would be
490 dwelling units, respectively, 260 in the south tower and 230 in the north tower.
2. Pursuant to Section §265-13 and §265-35 of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a conditional use approval to
include a private members club offering memberships to the residents of La Playa Beach
and to the public. The private members club will have access to a private spa totaling
8,000 square feet and a beach bar and grill restaurant totaling 5,200 square feet (indoor
and outdoor dining). Additionally, a restaurant open to the public totaling 8,462 square
feet (indoor and outdoor dining) is proposed. Moreover, the Applicant is proposing to
modify the building amenities to include 17 cabanas and 13 guest suites.
3. Pursuant to Section §265-46(A)(3) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a shared parking agreement between the spa and
restaurant uses to provide sufficient project parking to meet the minimum parking
requirements of the City's Land Development Regulations.
4. Pursuant to Section §265-23(G)(1)(d) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a modification to Condition Number 13 of Zoning
Resolution No. 15-Z-156 regarding the payment for the approved Transfer Development
Rights and FAR bonuses to be on a separate payment agreement with terms as approved
by the City Commission.
5. Pursuant to Section §265-11(N)(3) of the City of Sunny Isles Beach Land Development
Regulations and Condition Number 13 of City Zoning Resolution No. 16- Z-158, the
Applicant is requesting an extension of time to obtain a building permit for an additional
48 months beyond the 24 months allowed by the LDRs, for a total of 72 months from the
date of the current site plan modification approval.
6. Pursuant to Section §265-57(G) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of murals and graphic designs on a
temporary construction fence.
7. The Applicant is requesting deletion of Condition Number 8 and a modification to
Condition Number 7 of City Zoning Resolution No. 15-Z-156, which are related to
hotel/apartment shared parking, and the residency rule for condo/hotel units,
respectively.
Legal Description: All of Tract "I", less the South 216.66 feet as measured at right angles
to the South line of said Tract "I", of AMENDED PLAT NORTH
BISCAYNE BEACH, according to the plat thereof, as recorded in Plat
Book 44, at Page 42, of the Public Records of Miami -Dade County,
Florida. TOGETHER WITH That parcel of land lying East of and
bounded on the West by the East line of said Tract "I", and bounded
on the North by the Easterly extension of the North line of said Tract
"I", and bounded on the East by the Erosion Control Line of the
Atlantic Ocean, as recorded in Plat Book 134 at Page 47, of said Public
Records of Miami -Dade County, Florida, and bounded on the South
by the Easterly extension of the North line of the South 216.66 feet,
as measured at right angles to the South line of said Tract "I" of
AMENDED PLAT NORTH BISCAYNE BEACH. AND The South 200 feet
of Tract "H", as measured at right angles to the South line of said
Tract "H", of AMENDED PLAT NORTH BISCAYNE BEACH, according to
the plat thereof, as recorded in Plat Book 44, at Page 42, of the Public
Records of Miami -Dade County, Florida. TOGETHER WITH That parcel
of land lying East of and bounded on the West by the East line of said
Tract "H", and bounded on the North by the Easterly extension of the
North line of said South 200 feet of Tract "H", as measured at right
angles to the South line of said Tract "H", and bounded on the East
by the Erosion Control Line of the Atlantic Ocean, as recorded in Plat
Book 134 at Page 47, of said Public Records of Miami -Dade County,
Florida, and bounded on the South by the Easterly extension of the
South line of said Tract "H" of AMENDED PLAT NORTH BISCAYNE
BEACH.
Address: 18801 Collins Avenue
Folio: 31-2202-003-0120
WHEREAS, on February 17, 2022, the City Commission conducted a public hearing on the
site plan modification application; and
WHEREAS, the public hearing was duly advertised and held as required by law, all
interested parties concerned with the matter were heard, and due and proper consideration was
given to the matter and to the positive recommendation contained in the City's Development
Review Report; and
WHEREAS, the City Commission reviewed the application for site plan modification, the
written and oral recommendations of the Development Services Department, including the
recommended conditions, and hereby finds competent substantial evidence to support a
showing by the Applicant that the request for an approval for a site plan modification is in
compliance with the City's Land Development Regulations and the Comprehensive Plan, and
maintains the basic intent and purpose of the zoning, subdivision or other land use regulations,
which is to protect the general welfare of the public, particularly as it affects the stability and
appearance of the community; and further finds that the site plan modification and conditional
use application should be granted, subject to the conditions described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and
confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Findings and Conclusions. Based upon an analysis of the site plan application and
the standards for approval of a site plan modification under the City's Land Development
Regulations, the City Commission hereby finds and concludes that the Applicant's request for a
site plan modification of the approved site plan under Resolution No. 15-Z-156 adopted on
November 19, 2015, and Resolution No. 16-Z-158 adopted April 21, 2016 to:
1. Pursuant to Section §265-18 and §265-35 of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a Site Plan Modification for the
project "La Playa Beach" formerly known as, "La Playa Varadero". The proposed
modification includes a height increase of 5 stories for both the north and south
condominium towers, bringing the north and south condominium towers to a maximum
of 62 stories or 750'-0" NGVD. Additionally, the Applicant is requesting an increase of 281
square feet of Floor Area Ratio (FAR), for a total of 5.98 FAR or 1,228,435 square feet of
FAR for the overall project. The total number of dwelling units, as proposed, would be
490 dwelling units, respectively, 260 in the south tower and 230 in the north tower;
2. Pursuant to Section §265-13 and §265-35 of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a conditional use approval to
include a private members club offering memberships to the residents of La Playa Beach
and to the public. The private members club will have access to a private spa totaling
8,000 square feet and a beach bar and grill restaurant totaling 5,200 square feet (indoor
and outdoor dining). Additionally, a restaurant open to the public totaling 8,462 square
feet (indoor and outdoor dining) is proposed. Moreover, the Applicant is proposing to
modify the building amenities to include 17 cabanas and 13 guest suites;
3. Pursuant to Section §265-46(A)(3) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a shared parking agreement between the spa and
restaurant uses to provide sufficient project parking to meet the minimum parking
requirements of the City's Land Development Regulations;
4. Pursuant to Section §265-23(G)(1)(d) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a modification to Condition Number 13 of Zoning
Resolution No. 15-Z-156 regarding the payment for the approved Transfer Development
Rights and FAR bonuses to be on a separate payment agreement with terms as approved
by the City Commission;
5. Pursuant to Section §265-11(N)(3) of the City of Sunny Isles Beach Land Development
Regulations and Condition Number 13 of City Zoning Resolution No. 16- Z-158, the
Applicant is requesting an extension of time to obtain a building permit for an additional
48 months beyond the 24 months allowed by the LDRs, for a total of 72 months from the
date of the current site plan modification approval;
6. Pursuant to Section §265-57(G) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of murals and graphic designs on a
temporary construction fence; and
7. The Applicant is requesting deletion of Condition Number 8 and a modification to
Condition Number 7 of City Zoning Resolution No. 15-Z-156, which are related to
hotel/apartment shared parking, and the residency rule for condo/hotel units,
respectively;
is in compliance with the Comprehensive Plan and the Land Development Regulations of the City
of Sunny Isles Beach, and there is substantial competent evidence to support approval of the
application.
Section 3. Approval. The Applicant's request for a site plan modification of the approved site
plan under Resolution No. 15-Z-156 adopted on November 19, 2015, and Resolution No. 16-Z-
158 adopted April 21, 2016 to increase the height of both the north and south condominium
towers by 5 stories, bringing the north and south condominium towers to a maximum of 62
stories or 750'-0" NGVD, to increase the FAR by 281 square feet, for a total of 5.98 FAR or
1,228,435 square feet of FAR for the overall project, for conditional use approval to include a
private members club, offering memberships to the residents of La Playa Beach and to the public,
which includes access to a private spa totaling 8,000 square feet and a beach bar and grill
restaurant totaling 5,200 square feet (indoor and outdoor dining), to allow for a restaurant open
to the public totaling 8,462 square feet (indoor and outdoor dining), to modify the building
amenities to include 17 cabanas and 13 guest suites, to allow for a shared parking agreement
between the spa and restaurant uses, to allow for a payment agreement for the approved
Transfer Development Rights (TDRs) and FAR bonuses to be on terms as approved by the City
Commission, to provide for an extension of time to pull a building permit for an additional 48
months over the 24 months allowed by the Land Development Regulations (LDRs), for a total of
72 months from the date of the instant site plan approval for PZ -2021-22, and for the use of
temporary murals and graphics on a temporary construction fence is hereby approved subject to
all conditions set forth in Section 4 below.
Cartinn A C'nnriitinnc
I. Conditions to be completed before demolition, below grade or building permits are issued.
1) The plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "La Playa Sunny Isles" prepared by Arquitectonica stamped received January 26,
2022, consisting of 47 sheets (including 1 sheet by Fortin, Leavy, Skiles, Inc. updated
11/24/21); Landscaping sheets prepared by EDSA stamped received January 26, 2022,
consisting of 27 sheets; and, Conceptual Paving, Drainage, Water and Sewer Plans
prepared by Fortin, Leavy, Skiles, Inc. stamped received January 26, 2022, consisting of
14 sheets. Plans are subject to revisions based on comments provided by zoning staff of
the City of Sunny Isles Beach. Plans are subject to modification.
2) All conditions and approvals enumerated under Resolution Nos. 15-Z-156, No. 2015-2497,
No. 16-Z-158, No. 2016-2511 and No. 2017-2656 shall remain in effect, unless modified
or deleted as part of this application.
3) That the Applicant is required to provide a Declaration of Restrictive Covenants in
recordable form acceptable to the Development Services Department and acceptable to
the City Attorney prior to submittal for an application for building permit, which proffers:
(1) including the ten -foot (10') Landscaping Streetscape Easement as per the streetscape
Masterplan, (2) a 10,000 square foot Public Oceanfront Park easement and (3) a 20 -foot
beach access easement. Additionally, the Declaration shall provide that the Applicant (4)
provide 24-hour valet parking services for owners and guests and (5) include that the
ownership assignment of the seventeen cabanas shall be strictly to an owner or owners
of a unit within the La Playa Beach project. Cabanas shall not be used as a dwelling unit
and shall not be rented or leased to any person other than an owner or owners of a unit
within the condominium. Guest Suites (6) the thirteen guest suites are to be restricted to
condominium owners and their guests only. The guest suites shall not be used as a
dwelling unit and shall not be rented or leased to any person other than an owner or
owners of a unit within the condominium. Shared parking (7) the shared parking
agreement shall be restricted to only the restaurant (pool and bar grill) and the spa. The
covenant shall provide that the use or portion of a use that requires the shared parking
shall cease and terminate upon any change in their respective schedules of operation that
results in conflicting or overlapping usage of the parking facilities, and no nonresidential
use may be made of that portion of the property until the required parking facilities are
available and provided. (8) That the Applicant, as per the submitted plans, shall restrict
the truck type entering the project to only the Wayne Titan 33.83 -foot -wide Garbage
Truck, the SU -30 30 -foot -wide truck and the 19 -foot -wide Delivery Van. All other trucks
shall be prohibited. (9) The covenant shall also provide that the City may collect attorney's
fees if litigation is necessary to enforce the requirements of this section. The Applicant
shall submit a Declaration of Restrictive Covenants in a form acceptable to the City
Attorney. The Declaration of Restrictive Covenant shall be recorded in the public records
of Miami -Dade County at the Applicant's expense. The maintenance of these easements,
parking areas and cabanas shall be the responsibility of the Applicant.
4) Upon the submittal of an application for a building permit, the plans submitted shall be
approved by the Community Development Department and be consistent with the
specific site plan approved by the City Commission. Plans shall include all the required
elements of the site plan pursuant to the City's Land Development Regulations and
recommendations. Should compliance with recommendations result in a change that
would not be considered "minor" in accordance with Section 265-18 of the City Code; the
Applicant shall be required to obtain another approval of the City Commission.
5) That the Applicant agrees to enter into an installment payment plan (financing_
agreement) in accordance with the City Code for the FAR bonuses and TDRs. This
agreement shall be executed prior to below grade or master building permit for each
phase of the project. Failure to enter into financial agreement will require the full
payment of FAR bonuses and TDRs prior to issuance of below grade or master building
permit for each phase of the project.
6) That the Applicant complies with all conditions and permit requirements, including but
not limited to, Miami -Dade County DERM, environmental conditions and permitting, the
Fire and Water and Sewer Departments, and Florida Department of Transportation
(FDOT), Miami -Dade DTPW, Miami -Dade Aviation, Florida Department of Environmental
Protection (FDEP), etc.
7) That the Applicant pursue coordination with Florida Department of Transportation
(FDOT) and Miami -Dade County DTPW approvals and any other required external
agency's to address traffic improvements or modifications either on-site or within public
rights-of-way, including, but not limited to, roadway adjustments, driveway adjustments,
traffic control devices or mechanisms and access restrictions to control on-site traffic flow
or divert traffic as needed to mitigate the negative impacts of development generated
traffic on neighborhood streets as warranted, feasible and consistent with City
Regulations. The applicant shall coordinate with FDOT's Traffic Operations Office for the
crosswalk project at 189th Street.
8) That the Applicant shall submit an updated Demolition and Construction Staging and
Traffic Management Plan before commencing any construction activity. The staging plan
shall provide a more detailed schedule of activities relating to the proposed phasing of
the project. The plan shall include but is not limited to the following: parking
arrangements, lane closures, sidewalk closures, any other required activity that may
provoke an impact at the surrounding areas and a plan to implement perimeter
scaffolding, catch platform system or construction safeguards, intended to prevent
people, materials, debris, concrete spillage, dust, paint, construction material etc. from
falling to private and public property. The staging plan should be approved
administratively by the City Manager or designee.
9) That the Applicant shall address comments provided by City's Traffic Consultant regarding
traffic and vehicular issues per the memo dated January 31, 2022. The City Manager or
his designee shall review and provide additional comments if necessary. All comments
are to be addressed prior to issuance of building permit.
10) That the Applicant shall address comments provided by City's Civil Engineer and City's
Consultant regarding civil plans submitted during site plan review process. The City
Manager or his designee shall review and provide additional comments if necessary.
11) That Applicant shall maintain an active concurrency review approval from Miami -Dade
County School Board. School Concurrency Determination Letter issued date 01/28/2022,
Application No. SP3121121400584.
12) The Applicant shall pay all fees related to the review of the application described herein
and shall have paid all other fees due to the City.
13) That the Applicant provide the Lighting/Photometric Plan prior to building permit.
14) That the Applicant provide the Signage and Pavement Marking Plan prior to building
permit.
15) If approved, the Applicant must submit a separate building permit prior any installation
of murals or graphics on temporary construction fencing to be approved administratively
by the City Manager or designee.
II. Conditions to be completed before any Certificate of Occupancy is issued.
1) Under Section 267-4, the City Manager and/or his/her designee in review of any
application, may refer any such application presented to it to such engineering, planning,
legal, technical, or environmental consultant or professional(s) employed by the City as
the Manager shall deem reasonably necessary to enable him/her to review such
application as required by law. Charges made by such consultants or professionals shall
be in accord with the charges customarily made for such services in Miami -Dade County,
and pursuant to an existing contractual agreement by and between the City and such
consultant. Charges made by the City shall be in accordance with the hourly rates charged
by such consultants or hourly rates of employed professionals and shall be paid within 30
days on submission of City voucher.
2) At the time of submission of any application or thereafter, it is required that an escrow
account be established, from which withdrawals shall be made to reimburse the City for
the cost of professional review services, if any. The Applicant shall then provide funds to
the City for deposit into such account in an amount to be determined by the City Manager,
based on his/her evaluation of the nature and complexity of the application. The
Applicant shall be provided with copies of any City voucher for such services as they are
submitted to the City. When the balance in such escrow is reduced to one-third (1/3) of
its initial amount, the Applicant shall deposit additional funds into such account to bring
its balance up to the amount of the initial deposit. If such account is not replenished
within thirty -days (30) after the Applicant is notified, in writing, of the requirements for
such additional deposit, the City may suspend its review of the application. An application
shall be deemed incomplete if any amount shall be outstanding. A building permit or
Certificate of Use and Certificate of Occupancy shall not be issued unless all professional
review fees charged in connection with the Applicant's project have been reimbursed to
the City. Once all pertinent charges have been paid, the City shall refund to the Applicant
any funds remaining on deposit.
3) The Applicant shall furnish payment and performance bond in an amount determined by
the Building Official to ensure Applicant's performance of public improvements required
pursuant to site plan approval and in accordance with recommendations of the Building
Official after review of construction plans submitted based on development approval
granted herein. Any such bond shall be issued by a surety having a minimum rating of A-
1 in the Best's Key Rating Guide, Property/Casualty Edition approval of the City, and shall
provide that "this bond may not be cancelled or allowed to lapse until 30 days after
receipt by the City, by certified mail, return receipt requested, of written notice from the
issuer of the bond of intent to cancel or not to renew". As improvements are made the
City, within its discretion, may reduce or eliminate the bond amount. These rights
reserved by the City with respect to any construction bond established pursuant to this
section are in addition to all other rights and remedies the City may have under this
Resolution, in law or in equity.
4) That the Applicant shall install the continuous decorative sidewalk pavers consistent with
the existing pavers on the east side of Collins Avenue. The decorative sidewalks shall be
installed from the northern boundary of 18801 Collins Avenue to the southern boundary
of the Millennium located at 18671 Collins Avenue.
Ill. Other Conditions.
1) That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the
City upon compliance with all terms 'and conditions. The Certificate of Occupancy and
Certificate of Use shall be subject to cancellation upon violation of any of the conditions.
2) That the Applicant, during construction, shall provide a perimeter scaffolding, catch
platform system or construction safeguards, intended to prevent people, materials,
debris, concrete spillage, dust, paint, construction material etc. from falling to private and
public property. The Applicant shall implement a catch platform or construction
safeguard to be installed at no less than two story below the active work zone level. If
multiple level are active work zones, multiple catch platform shall be installed. The
Applicant shall be responsible for decreasing and preventing materials, debris, concrete
spillage, dust, paint, construction material etc. from falling to private and public property.
3) That the approved site plan shall remain valid for a period of 72 -months from the date of
the site plan modification approval, provided that a building permit is obtained for the
south tower within 48 months. If no building permit is issued within the 48 -month time
period for the south tower, the site plan shall be considered null and void and of no force
and effect. If the building permit for the south tower is issued within the 48 -month time
period, then the Applicant shall obtain a building permit for the north tower within 24
months of the issuance of the south tower building permit.
4) That the Applicant complies with all City Ordinances, County, State and Federal Laws and
Regulations applicable to development and permit approvals.
5) All sand excavated from the property including sand from the western side of the Coastal
Construction Control Line ("CCCL") shall be cleaned and shall remain on the beach for re -
nourishment purposes in a location to be determined by Miami -Dade County Regulatory
and Economic Resources ("RER") (formerly Miami -Dade County Department of
Environmental Resources Management "DERM").
Section 5. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution is, for any reason, held invalid or unconstitutional by any Court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and
such holding shall not affect the validity of the remaining potions of this Resolution.
Section 7. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and
are hereby repealed.
Section 8. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17th day of February 2022.
Dana Robin Goldman, Mayor
AlEST: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Marici Bet +cur, CMC, City Clerk d6ward A. Dion, City Attorney
Moved by: Seconded by: %C
Vote:
Mayor Goldman '/(Yes) (No)
Vice Mayor Viscarra (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Rabinovich/(Yes) (No)
Commissioner Stuyvesant 3:
(Yes) (No)
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Claudia C. Hasbun, Planning and Zoning Director
DATE: February 17, 2022
RE: Site Plan Modification - La Playa Varadero, 18801 Collins Avenue (PZ2021
22)
RECOMMENDATION:
Staff has reviewed the site plan modification application and other requests and is submitting this
staff report with conditions for your consideration.
REASONS:
Staff and City Consultants have reviewed the site plan modification, the conditional use request, and
the shared parking agreement and finds the proposals to be compatible with existing adjacent uses
and structures. Staff recommends the time extension to pull a building permit to be extended from 24
months to a total maximum of 72 months from the date of this site plan modification, if approved, as
follows: the building permit for the south tower shall be obtained within 48 months, and the building
permit for the north tower shall be obtained within 24 months of the issuance of the south tower's
building permit. In addition, the financing agreement is recommended to include conditions as
approved by the City Finance Director and City Manager. No variance(s) are being requested, as part of
this application. Based on the review by City's Staff and City's Consultants, the application i!
consistent with the City's Comprehensive Plan and Land Development Regulations.
ADDITIONAL INFORMATION:
The Applicant is seeking a major site plan modification for the approved project "La Playa Beach'
formerly known as, "La Playa Varadero", located at 18801 Collins Avenue, Sunny Isles Beach, FL 33160
Item Number: 6.6
The site plan modification is requesting a height increase of 5 stories for both the north and south
condominium towers, bringing the north and south condominium towers to a maximum of 62 stories
or 750'-0" NGVD. Additionally, the Applicant is requesting an increase of 281 square feet of Floor Arez
Ratio (FAR), for a total of 5.98 FAR or 1,228,435 square feet of FAR for the overall project. The totz
number of dwelling units, as proposed, is 490 dwelling units, respectively, 260 in the south tower and
230 in the north tower.
The Applicant is seeking a conditional use approval to include a private members club, offering
memberships to the residents of La Playa Beach and to the public. The private members club will havE
access to a private spa totaling 8,000 square feet and a beach bar and grill restaurant totaling 5,200
square feet (indoor and outdoor dining). Additionally, a restaurant open to the public totaling 8,462
square feet (indoor and outdoor dining) is proposed. Moreover, the Applicant is proposing to modify
the building amenities to include 17 cabanas and 13 guest suites. Further, the Applicant is requesting a
shared parking agreement between the spa and restaurant uses. Moreover, the Applicant is
requesting a payment agreement for the approved Transfer Development Rights (TDRs) and FAI
bonuses to be on terms as approved by the City Commission. Further, the Applicant is requesting for
an extension of time to pull a building permit for an additional 48 months over the 24 months allowed
by the Land Development Regulations (LDRs), for a total of 72 months from the date of site plar
approval. Lastly, the Applicant is requesting the use of temporary murals and graphics on a temporary
construction fence.
ATTACHMENTS:
Application
Public Notice
Letter of Intent
Parking Study
Structural Narrative
Staff Report
Construction Staging & Demo Management Plans
Promissory Note for La Playa - North
Promissory Note for La Playa - South
Item Number: 6.13
39
RECEIVED
PUBLIC HEARING APPLICA ION
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City of Sunny Isles Beach, FL
1. Proposed Project Name: LA PLAYA BEACH
2. Name of Applicant LA PLAYA BEACH ASSOCIATES LLC
a. If applicant is the owner, give name exactly as recorded on deed.
b. If applicant is lessee, attach copy of valid lease of one (1) year or more and Property
Owners Sworn -to -Consent.
c. If applicant is a corporation, partnership, limited partnership, or trustee, a separate
Disclosure of Interest form must be completed.
Applicant Mailing Address 1300 BRICKELL AVE
City MIAMI State FLORIDA Zip 33131
Tel. # (during working hours) 305351-1000 e-mail RLCHORON@FGRTUNEINTLGRGUt$li�j
4. Name of Property Owner LA PLAYA BEACH ASSOCIATES LLC
Mailing Address 1300 BRICKELL AVE
City MIAMI State FLORIDA Zip 33131
Tel. # (during working hours) 305351-1000 e-mail RLCHORUN@FGRTUNERITLGROL
Contact Person RON L. CHORON
Mailing Address RLCHORON@FORTUNEINTLGROUP.COM
City MIAMI State FLORIDA Zip 33131
Tel. # (during working hours) 786402-3610 e-mail
LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION
a. if subdivided, provide lot, block, complete name of subdivision, plat book and
page number.
b. if metes and bounds description, provide complete legal description (including
section, township and range),
c. if separate request apply to different areas, provide the legal description of each
area covered by a separate request.
d. attach a separate, typed sheet if necessary. Verify the legal description is
correct.
SEE ATTACHMENT
Address or location of subject property: 18601 COLLINS AVE
FOLIO k 31-2202-003.0120
Size of property: 436.81 ft. X 469.00 ft. acres 4.716
City of Sunny Isles Beach Public Hearing Application Package Page 4 of 23
40
Date subject property acquired Gor leased 5TH day of NOV, 2014
term of lease years/months.
10. Does property owner own contiguous property to the subject property? If so, give
complete legal description of entire contiguous property. (If lengthy, please type on a sheet
labeled "Contiguous Property".
NO
It. Is there an option to purchaseoDr lease []the subject property or property contiguous
thereto?
nYes or nNo
If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of
Interest form also).
12. Present zoning classification (s): Mu.R
13. REQUEST (S) COVERED UNDER THIS APPLICATION:
Please check the appropriate box and give a brief description of the nature of the
request in the space provided:
❑ Comprehensive Plan Amendment
❑ District Boundary Change (s)
❑ Site Plan Approval
❑ Conditional Use
❑ Variance
❑ Plat Approval
o Transfer Development Rights
❑ Vested Rights
❑ Appeals
❑ Other: SITE PIAN MODIFICATION
14. Has a public hearing been held on this property within the last year and a half? ❑ yes m no
If yes, applicants name
Date of hearing
Nature of hearing
Decision of hearing
Resolution #
City of Sunny Isles Beach Public Hearing Application Package Page 5 of 23
41
15. Is this hearing being requested as a result of violation notice?[] yes 17'no
If yes, give name to which violation notice was served
Nature of violation
16. Are there any existing structures on the property? 1] yes Fj no
If yes, briefly describe SALES CENTER
17. Is there any existing use on the property? 0 yes 17, no
If yes, what is the use and when was it established?
Use
Established
City of Sunny Isles Beach Public Hearing Application Package Page 6 of 23
42
Varadero
18801 COLLINS AVENUE
LEGAL DESCRIPTION:
All of Tract "I", less the South 216.66 feet as measured at right angles to the South line of
said Tract "I", of AMENDED PLAT NORTH BISCAYNE BEACH, according to the plat
thereof, as recorded in Plat Book 44, at Page 42, of the Public Records of Miami -Dade
County, Florida.
TOGETHER WITH
That parcel of land lying East of and bounded on the West by the East line of said Tract
"I", and bounded on the North by the Easterly extension of the North line of said Tract
"I", and bounded on the East by the Erosion Control Line of the Atlantic Ocean, as
recorded in Plat Book 134 at Page 47, of said Public Records of Miami -Dade County,
Florida, and bounded on the South by the Easterly extension of the North line of the
South 216.66 feet, as measured at right angles to the South line of said Tract "I" of
AMENDED PLAT NORTH BISCAYNE BEACH
►l►U�
The South 200 feet of Tract "H", as measured at right angles to the South line of said
Tract "H", of AMENDED PLAT NORTH BISCAYNE BEACH, according to the plat
thereof, as recorded in Plat Book 44, at Page 42, of the Public Records of Miami -Dade
County, Florida.
TOGETHER WITH
That parcel of land lying East of and bounded on the West by the East line of said Tract
"H", and bounded on the North by the Easterly extension of the North line of said South
200 feet of Tract "H", as measured at right angles to the South line of said Tract "H", and
bounded on the East by the Erosion Control Line of the Atlantic Ocean, as recorded in
Plat Book 134 at Page 47, of said Public Records of Miami -Dade County, Florida, and
bounded on the South by the Easterly extension of the South line of said Tract "H" of
AMENDED PLAT NORTH BISCAYNE BEACH.
43
OWNERSHIP AFFIDAVIT
FOR LIMITED LIABILITY COMPANY
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Public Hearing No.
Before me, the undersigned authority, personally appeared
hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says:
1. Affiant is the manager, or managing member of the LA PLAYA BEACH ASSOCIATES
Limited Liability Company with the following
address:
1300 BRICKELL AVE - MIAMI, FL 33131
2. The Limited Liability Company owns or lease (circle one) the property, which is the
subject of the proposed hearing.
3. The subject property is legally described as:
AMD PLAT OF NO BISCAYNE BEACH PB 44-42 S200 OF TR H & TRI LESS S216.66FT &
PORT LYING EAST & ADJACENT WEST OF EROSION LINE PER PB 105-62 LOT SIZE 205424 SQ FT M/L
4. Affiant is legally authorized to file this application for public hearing:
5. Affiant understands this affidavit is subject to the penalties of law for perjury and the
possibility of voiding of any zoning granted at public hearing.
6. Affiant understands that the matters attached to and made part of the application are
honest and true to the best of my knowledge and belief. I understand this application must
be complete and accurate before the application can be submitted and the hearing
advertized.
Witnesses::
Signature
CA-7-1,ilmA VA20l)ZZ
"_1Ant Name
Signature
..5�'3�-STfnctDtl S�l�/ah%IC1�1Jc3�
Print Name
6 � �'
Affiant's Signature I
Print
Manuel G
Print N
Sworn to and subscribed before me on the i_day of `Dtep,.,,_ber , 203L ,
Affiant is personally known to me or has produced as
Identification.
Notary ( mp/Seal)
Commission Expires: &&:. 15,1-o z3 ' `" " �— .4t
V- ':'TRY PGq'., MARITZA GON7.ALEZ•ORTIZ
Notary Public - State of Florida
Commission "GG 327338
My Comm. Expires Aug 15, 2023
Bonded through National Notary Assn.
��xer•�vrr ■ssaaer-'��vaa�ti
Page 10 of 23
44
DISCLOSURE OF INTEREST
If the property which is the subject of the application is owned or leased by a CORPORATION,
list the principal stockholders and principal officers or stockholders consist of another corporation
(s), trustee (s), partnership (s) or other similar entities, ftirther disclosures shall be required which
disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest
in the aforementioned entity).
Corporation Name
Name, Address and Office
Percentaize of Stock
If the property which is the subject of the application is owned or leased by a LIMITED
LIABILITY COMPANY list the members or stockholders consist of another corporation (s),
trustee (s), partnership (s) or other similar entities, further disclosures shall be required which
disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest
in the aforementioned entity).
LA PLAYA BEACH ASSOCIATES, LLC
LLC Name
Name, Address and Office
Percentage of Stock
LA PLAYA MM, LLC
34.62
La Playa Investments, LLC
20.66/
CH LA PLAYA, LLC
20.63
Corner House, LLC
6.04
SM LA PLAYA, LLC
18.05
City of Sunny Isles Beach Public Hearing Application Package Page 14 of 23 45
If the property, which is the subject of the application, is owned or leased by a TRUSTEE, list the
beneficiaries of the trust and the percentage of interest held by each. {Note: where the beneficiary
(s) consist of corporation (s), another trust (s), partnership (s) or other similar entities, further
disclosure shall be required which disclosures the identity of the individual (s), (natural persons)
having the ultimate ownership interest in the aforementioned entity).
Trust Name
Name and Address
Percentage of hiterest
If the property, which is the subject of the application, is owned or lease by a PARNERTSHIP or
LIMITED PARTNERSHIP, list the principals of the partnership, including general and limited
partners. {Note; where the other similar entities, further disclosures shall be required which
disclosures the identity of the individual (s) (natural person) having the ultimate ownership interest
in the aforementioned entity).
PARTNERSHIP OR LIMITED PARTNERSHIP NAME
NAME AND ADDRESS
PERCENTAGE OF OWNERSHIP
If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not and
whether a Corporation, Trustee or Partnership list the names of the contract purchasers below,
including the principal officers, stockholders, beneficiaries or partners. {Note; where the principal
officers, stockholders, beneficiaries or partners consist of another corporation, trust, partnership or
other similar entities, further disclosure shall be required which discloses the identity of the
individual (s) (natural persons) having the ultimate ownership interest in the aforementioned entity}.
NAME
City of Sunny Isles Beach Public Hearing Application Package Page 15 of 23 46
NAME. ADDRESS AND OFFICE (if applicable) Percentage of Interest
Date of Contract:
If any contingency clause or contract terms involve additional parties, list all individuals or officers,
if a corporation, partnership or trust.
For any changes of ownership or changes in contracts for purchase subsequent to the date of the
application, but prior to the date of final public heating, a supplemental disclosure of interest shall
be tiled.
......................................................................................................................
The above is a full disclosure of all parties of interest i e applic ti n to th of my knowledge
and belief.
Signature.
(Applicant) U"ardgo r c..cQ gttk eJ( �
Sworn to and subscribed before me,
This _day of YilVve%*4lr- , 20 7-1
F.
x' Fug . MARITZA GONZA! EZ•ORTIZ
? :',� Notary Public - State of Florida
Notary Public, State -of Florida at Large Y` l»� Commission GG 327338
dF F ° ` My Comm. Expires Aug 15, 2023
Bonded through National Notary Assn.
�r.,�am�e�ar�mt:
My Commission Expires: 23.
* Disclosure shall not be required of any entity; the equity interest is which are regularly traded on
an established securities market in the United States or other country; or any entity, the ownership
interest of which are held in a limited partnership consisting of more than 5,000 separate interest
and where no one person or entity holds more than a total of 5% of the ownership interest in the
limited partnership.
Public Hearing No:
City of Sunny Isles Beach Public Hearing Application Package Page 16 of 23 47
RESPONSIBILITIES OF THE APPLICANT
PLEASE READ CAREFULLY BEFORE SIGNING
I hereby acknowledge that 1 am aware of the preliminary review of plans of the proposed project by
the Department of Environmental Protection (DEP), and/or the Department of Environmental
Resources Management (DERM), the Florida Deparhnent of Transportation (FDOT). In addition,
the Miami -Dade County Fire Department (MDFD) for the staging area of the proposed project along
with the Miami -Dade County Biscayne Bay Shoreline Development Review Committee will review
and comment for approval all development applications. These comments sometimes include
requirements for an additional public hearing before (DERM) and the Environmental Quality
Control Board, (EQCB) in the preparation and execution of agreements to run with the land, which
are recorded, prior to obtaining a building pen -nit.
I understand that is my responsibilities as the applicant or applicants representative to promptly
follow through with the compliance of DEP, DERM, MDFD, and /or Florida Department of
Transportation FDOT requirements or to advise this office in writing if the application will not go
forward and may be considered withdrawn. Contact with the above-mentioned agencies is advised
during the hearing process.
Pen -nit requirements: I also understand that the Florida Building Code, DEP, DERM, MDFD, and
/or Florida Department of Transportation FDOT may contain requirements that affect my ability to
obtain a required building permit for my project, even if the zoning application is approved at public
hearing. I am aware that a Building Permit is required for all constriction and that I am responsible
for obtaining the required permit, all required inspections, the Certificate of Use and Occupancy or
Certificate of Completion for any and all structures and additions whether proposed or existing
without pen -nits. Additionally I am aware a Certificate of Use and Occupancy must be obtained for
the use of the property, if approved at a Zoning Hearing and that failure to obtain the required permits
and/or Certificates of Completion, Use and Occupancy will result in the initiation of enforcement
action against the occupant and owner. I further understand that submittal of Zoning Hearing
application will not necessary forestall enforcement action against the property.
Fees: I understand that the hearing fees paid at the ti e filing.y no the total cost of the
hearing and that I will be advised of any other fees h n be iate w the public hearing
application.
Si ature
Notary: Sworn to and subscribed before me this I day of 7 -aa -1
MARITZA GON7.ALEZ ORTIZ
Notary Public � ;tate of Florida
Notary Publi to of Florida r y o Commission '7 GG 327338
My Comm. Expires Aug 15, 2023
B
onded through National Notary Assn.
My commission expires AtK t.57, s- b'Z(
City of Sunny Isles Beach Public Hearing Application Package Page 17 of 23 48
N
SL,NY /SAF
OF e
CITY OF SUNNY ISLES BEACH
NOTICE OF ZONING HEARING
f' �R FLAP
C�tY OF SUM ��o Y
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach,
Florida, in the David P. Samson Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny
Isles Beach, Florida on Thursday, February 17, 2022 at 6:30 p.m., to consider the following Zoning application:
Application: La Playa Beach— La Playa Beach Associates LLC ("Applicant")
Location: 18801 Collins Avenue, Sunny Isles Beach, FL 33160
Public Hearing #: PZ2021-22
Summary: The Applicant is seeking a major site plan modification for the approved project "La Playa Beach" formerly known
as, "La Playa Varadero", located at 18801 Collins Avenue, Sunny Isles Beach, FL 33160. The site plan modification is
requesting a height increase of 5 stories for both the north and south towers, bringing the north and south towers to a maximum
of 62 stories or 750'-0" NGVD. Additionally, the Applicant is requesting an increase of 281 square feet of Floor Area Ratio
(FAR), for a total of 5.98 FAR or 1,228,435 square feet of FAR for the overall project. The total number of dwelling units, as
proposed, is 490 dwelling units, respectively, 260 in the south tower and 230 in the north tower.
The Applicant is seeking a conditional use approval to include a private members club, offering memberships to the residents
of La Playa Beach and to the public. The private members club will have access to a private spa and a beach bar and grill
restaurant. Moreover, the Applicant is proposing to modify the building amenities to include a restaurant open to the public.
Further, the Applicant is requesting a shared parking agreement between the spa and restaurant uses. Moreover, the Applicant
is requesting a payment agreement for the approved Transfer Development Rights (TDRs) and FAR bonuses to be on terms as
approved by the City Commission. Further, the Applicant is requesting an extension of time to obtain a building permit for an
additional 48 months over the 24 months allowed by the Land Development Regulations (LDRs), for a total of 72 months from
the date of site plan approval. Lastly, the Applicant is requesting the use of temporary murals and'graphics on a temporary
construction fence.
Requests:
1. Pursuant to Section §265-18 and §265-35 of the City of Sunny Isles Beach Land Development Regulations, the
Applicant is requesting a Site Plan Modification for the project "La Playa Beach" formerly known as, "La Playa
Varadero". The proposed modification includes two sixty-two (62) story residential condominium towers with
a total of 1,228,435 square feet of Floor Area Ratio (FAR), building amenities and a total of 490 residential
dwelling units.
2. Pursuant to Section §265-13 and §265-35 of the City of Sunny Isles Beach Land Development Regulations, the
Applicant is requesting a conditional use approval to include a private members club offering memberships to
the residents of La Playa Beach and to the public.
3. Pursuant to Section §265-46(A)(3) of the City of Sunny Isles Beach Land Development Regulations, the
Applicant is requesting a shared parking agreement between the spa and restaurant uses to provide sufficient
project parking to meet the minimum parking requirements of the City's Land Development Regulations.
4. Pursuant to Section §265-23(G)(1)(d) of the City of Sunny Isles Beach Land Development Regulations, the
Applicant is requesting a modification to Condition Number 13 of Zoning Resolution No. 15-Z-156 regarding
the payment for the approved Transfer Development Rights and FAR bonuses to be on a separate payment
agreement with terms as approved by the City Commission.
5. Pursuant to Section §265-11(N)(3) of the City of Sunny Isles Beach Land Development Regulations and
Condition Number 13 of City Zoning Resolution No. 16-Z-158, the Applicant is requesting an extension of time
to obtain a building permit for an additional 48 months beyond the 24 months allowed by the LDRs, for a total
of 72 months from the date of site plan modification approval.
49
6. Pursuant to Section §265-57(G) of the City of Sunny Isles Beach Land Development Regulations, the Applicant
is requesting the use of murals and graphic designs on a temporary construction fence.
The Applicant is requesting deletion of Condition Number 8 and a modification to Condition Number 7 of City
Zoning Resolution No. 15-Z-156, which are related to hotel/apartment shared parking, and the residency rule for
condo/hotel units, respectively.
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "La Playa Sunny Isles"
prepared by Arquitectonica stamped received January 26, 2022, consisting of 47 sheets (including 1 sheet by Fortin, Leavy,
Skiles, Inc. updated 11/24/21); Landscaping sheets prepared by EDSA stamped received January 26, 2022, consisting of 27
sheets; and, Conceptual Paving, Drainage, Water and Sewer Plans prepared by Fortin, Leavy, Skiles, Inc. stamped received
January 26, 2022, consisting of 14 sheets. Plans are subject to revisions based on comments provided by zoning staff of the
City of Sunny Isles Beach. Plans are subject to modification.
Legal Description:
All of Tract "I", less the South 216.66 feet as measured at right angles to the South line of said Tract "I", of AMENDED
PLAT NORTH BISCAYNE BEACH, according to the plat thereof, as recorded in Plat Book 44, at Page 42, of the Public
Records of Miami -Dade County, Florida.
TOGETHER WITH
That parcel of land lying East of and bounded on the West by the East line of said Tract "I", and bounded on the North
by the Easterly extension of the North line of said Tract "I", and bounded on the East by the Erosion Control Line of the
Atlantic Ocean, as recorded in Plat Book 134 at Page 47, of said Public Records of Miami -Dade County, Florida, and
bounded on the South by the Easterly extension of the North line of the South 216.66 feet, as measured at right angles to
the South line of said Tract "I" of AMENDED PLAT NORTH BISCAYNE BEACH.
AND
The South 200 feet of Tract "H", as measured at right angles to the South line of said Tract "H", of AMENDED PLAT
NORTH BISCAYNE BEACH, according to the plat thereof, as recorded in Plat Book 44, at Page 42, of the Public
Records of Miami -Dade County, Florida.
TOGETHER WITH
That parcel of land lying East of and bounded on the West by the East line of said Tract "H", and bounded on the North
by the Easterly extension of the North line of said South 200 feet of Tract "H", as measured at right angles to the South
line of said Tract "H", and bounded on the East by the Erosion Control Line of the Atlantic Ocean, as recorded in Plat
Book 134 at Page 47, of said Public Records of Miami -Dade County, Florida, and bounded on the South by the Easterly
extension of the South line of said Tract "H" of AMENDED PLAT NORTH BISCAYNE BEACH.
Size of Property: Existing (Overall lot): 4.716 acres (205,424 sq ft)
Zone: Subject parcel: MUR- Mixed-use Resort
All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed
to the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 or by sending an email
to PublicComments@sibfl.net. All comments and questions will be read into the record at the meeting. All comments and
questions must be received prior to the commencement of the meeting. Maps and other data pertaining to these applications
are available for public inspection during normal business hours in City Hall. The hearing on these matters may be continued
at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any
decision made by the City Commission with respect to any matter considered at such meeting, they 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. This notice does not constitute consent by the City for
introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need
special accommodations to participate in this meeting because of that disability should contact the City Clerk at 305-792-1703,
TTY 305-792-1589 no later than 48 hours prior to the proceedings.
50
S
January 26, 2022
Ms. Claudia Hasbun, Zoning Administrator
City of Sunny Isles Beach
18070 Collins Ave.
Sunny Isles Beach, Florida
RECEIVED
JAN 2 5 ?022
PLANNING & ZONING DEPT.
City of Sunny Isles Beach, FL
Re: Second Amended Letter of Intent/La Playa Beach Associates, LLC/18801
Collins Avenue - Application for Major Modification of Previously
Approved Site -Plan and Conditional Use Approval ("Application")
Dear Ms. Hasbun:
On behalf of this firm's client, La Playa Beach Associates LLC ("Applicant"), we
respectfully submit this second amended letter of intent in support of the Application to modify
the previously approved site plan for the approximately 4.716 -acre oceanfront property located at
18801 Collins Avenue (the "Property").
Currently known and approved as "La Playa Varadero," the Fortune International Group
and Chateau Group are proud to present a modified "La Playa" project that has been redesigned
by renowned architectural firm Arquitectonica, to create a phased project with 490 residential units
within two approximately 750 -foot -high towers consisting of 62 stories each, that will enhance the
City of Sunny Isles' ("City") skyline with an innovative and visually striking building profile (the
"Project"). ' Modified amenities will include: (i) an 8,000 sqft. private spa exclusive for Resident
and Club Member use; (ii) an 8,462 sqft. restaurant consisting of 5,550 sqft. of indoor dining and
2,912 sqft. of outdoor dining that will be open to the public to provide additional dining options
for City residents and visitors; (iii) a Beach Bar & Grill consisting of 3,450 sqft. of indoor dining
and 1,750 sqft. of outdoor dining exclusive for Resident and Club Member use; (iv) a private
members' Club that has access to the spa and Beach Bar & Grill and will offer limited membership
to the public; (iv) 17 private cabanas that will be available for purchase by Residents; and (v) 13
guest suites that will be exclusively available for Residents and their guests. The total Project floor
area ratio, including approved transfer of development rights ("TDRs"), is 5.98 (1,228,435 sqft.).
' The La Playa Varadaro project was originally approved by the City Commission on November
19, 2015, through the adoption of Resolution No. 15-Z-156 (Site Plan Approval and use of TDRs)
and Resolution No. 2015-2497 (transfer of public TDRs in the amount of 283,485 square feet (and
119 dwelling units)). On April 21, 2016, the site -plan was modified through Resolution 16-Z-158
and approved for 490 residential units and 12 cabana/suites. On January 21, 2016, the City
Commission also approved the potential transfer of 75,000 square feet (and 35 dwelling units)
from the property known as the "Corner House" property to the Property, through the adoption of
Resolution No. 2016-2511.
51
Page 2 of 4
The Project will retain all of the previous applicable approvals, including but not limited
to the approved 490 residential units; approved TDRs in the amount of 283,485 square feet of floor
area and 119 dwelling units; approved 25% decrease in building separation from 100 feet to 75
feet; approved design flexibility allowance for side setbacks reducing side setbacks to 25 feet;
approved phased development and related 72 -month extended period to obtain a building permit.2
Due to the nature of the phased project, the Applicant is seeking TDR financing and requesting
incremental payment of bonuses and TDRs as utilized for each Phase of the Project. The Project
will not include the previously approved office and retail space amenities.
To effectuate the modified Project, the Applicant requests the following:
1) Site plan approval adopting the plans entitled "La Playa" as prepared by the architectural
firm Arquitectonica and dated December 3, 2021 and consisting of two phased 62 -story
residential towers with a total of 490 residential units; a branded restaurant of
approximately 8,462 square feet of combined indoor and outdoor dining; and a spa of
approximately 8,000 square feet, for a total of 1,228,435 square feet of floor area.
2) Shared parking between the spa and restaurant uses pursuant to Section 265-46 A.(3), City
LDRs, to provide sufficient Project parking and meet market demands.
3) Conditional use approval for a private club and extension of the conditional use building
permit time frame to allow an additional 48 months beyond the 24 -month time frame for a
total of 72 months after Commission approval pursuant to sections 265-11(L) and 265-
13(E), City LDRs and consistent with the previously approved 72 -month time frame for
project building permits.
4) An increase of 281 square feet of FAR (from 1,228,154 square feet of floor area to
1,228,435 square feet of floor area).
5) Modification of Condition 7 of Resolution No. 15-Z-156 to remove proffer (iv) requiring
the Applicant to "identify the four (4) condo/hotel units which are subject to the 5%
residency rule in the City Code."
6) Deletion of Condition 8 of Resolution No. 15-Z-156 (related to hotel/apartment shared
parking).
7) Modification of Condition No. 13 of Resolution No. 16-Z-158 so as to allow the issuance
of building permits to each phase of the Project and financing and incremental payment of
I Consistent with Condition 13 of the approved project, the Applicant is seeking to maintain the
72 -month extended period to obtain a building permit in order to accommodate the phased
development of the Project's two towers and account for potential shifts in market conditions. As
set forth in Condition 13, the 72 -month period would begin to run from the date of modified site -
plan approval and would not include any existing extensions received pursuant to section 252.363,
Fla. Stat.
52
Page 3 of 4
bonuses and TDRs as utilized for each Phase of the Project to be paid upon receipt of
temporary certificate of occupancy for each Phase.
8) All other conditions and approvals contained in Resolution Nos. 15-Z-156, 2015-2497,
2016-2511 and 16-Z-158 would stay in full force and effect, as applicable.
The present plans, like the predecessors, warrant approval because they are consistent with
the City's Comprehensive Plan and LDRs and do not require or call for any variances. In addition,
the proposed private club satisfies all of the conditional use standards set forth in section 265-13
of the City LDRs because: (1) the proposed use is consistent with the Comprehensive Plan; (2) a
private club located in a residential building will not be detrimental to or endanger the public
health, safety, or general welfare; (3) the proposed use is consistent with the community character
of the immediate neighborhood of the proposed use; (4) utilities, roadway capacity, drainage, and
other necessary public facilities, including police, fire and emergency services, exist at the City's
adopted levels of service or will be available concurrent with demand as provided for in the
requirements of the LDRs; (5) as set forth in the modified Project, 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; (6) the establishment of a club use will not impede the
development of surrounding properties for uses permitted in the zoning district; and (7) the design
of the proposed use contained within the Project will 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.
As set forth in Condition 19 and 23 of Resolution 15-Z-156 and Condition 6 of Resolution
16-Z-158, Applicant reaffirms that it "shall pay the required contribution to the Art in Public Places
Fund in the amount equal to 1% of the construction cost but not to exceed $500,000.00 in lieu of
the required artwork" or "if applicant chooses to propose an artwork prior to building permitting,
the applicant is not required to submit the remainder monetary contribution to meet the minimum
monetary requirement."
In addition, the Applicant has already met or is in the process of meeting with: Miami -
Dade County Fire Department to discuss staging of the proposed development; the City of Not
Miami Beach regarding water availability; Miami -Dade County Water and Sewer regarding sewer
availability; the Florida Department of Transportation regarding Collins Avenue; the Florida
Department of Environmental Protection regarding existing approvals related to the building siting
in relationship to the Coastal Construction Control Line; Miami -Dade County Department of
Environmental Resources Management; and the Federal Aviation Administration regarding tower
height. The Applicant is committed to continue to meet and discuss the proposed modified Project
with these agencies and will obtain any necessary approvals from these agencies prior to initiating
construction pursuant to Condition 12 of Resolution 15-Z-156. In addition, Applicant has met
with Miami -Dade County Public Schools Planning, Design, and Sustainability to reconfirm public
school concurrency and will obtain concurrency review approval as required under Condition 14
of Resolution No. 15-Z-156.
1..lNII1Fbt:...
53
Page 4 of 4
Our Client looks forward to your review and presenting the City with another innovative
landmark property that is consistent with the City's Comprehensive Plan and LDRs. As always,
should you have any questions, please don't hesitate to contact us.
z
y,
John K. Shubin
Ian E. DeMello
For the firm
cc: Stan Morris, City Manager
l -i b! i- i isa a s
i
54
1750 PONCE DE LEON BOULEVARD I CORAL GABLES, FLORIDA 33134
305.447.0900 ( DPAODPLUMMER.COM
La Playa
January 25, 2022
Development Program
Parking Spaces Required by City Code
ZZ.CiLt-22
1N(NG & ZONING DEF:
y of Sunny isles Beach, FL
Land Use
Land Use
Size
City Rate
T�
Restaurant
r� q
1 LA
Indoor
5,550
SF
150
Outdoor
2,750
SF Ci
Pool Bar
400
7
Pool Bar
Indoor
3,450
SF
Indoor
Outdoor
1,750
SF
Spa
Outdoor
8,000
SF
Residential
4
Spa
8,000 SF
1 spaces / 250 SF
Units < 1,800 SF
188
DUs
Units > 1,800 SF
302
DUs
Parking Spaces Required by City Code
ZZ.CiLt-22
1N(NG & ZONING DEF:
y of Sunny isles Beach, FL
Land Use
Units
City Parking Requirement
City Rate
TotalParking
Restaurant
Indoor
5,550 SF
1 spaces / 150 SF
150
37
Outdoor
2,750 SF
0.5 spaces / 200 SF after 1st 200 SF
400
7
Pool Bar
Indoor
3,450 SF
1 spaces / 100 SF
100
35
Outdoor
1,750 SF
0.5 spaces / 200 SF after 1st 200 SF
400
4
Spa
8,000 SF
1 spaces / 250 SF
250
32
Residential
Units < 1,800 SF
188 DU
1.50 space / unit
1.5
282
Units > 1,800 SF
302 DU
2 spaces / unit
2
604
Total Parking Spaces 1,001
La Playa Shared Parking Analysis - #21117 Page 1
P� 55
Since 1978
Shared Parking Analysis
La Playa Shared Parking Analysis - #21117 Page 2 U
P®
Since 1918 56
Unadjusted
Month Adjustment Peak Hour
i tment Non -captive
Total
Land Use
Parking
Adjustment
(December) Adjustment
Mode Adjustment ,
Adjusted
Weekday at bpm
Parking
Requirement
Percentage Adjustment Percentage
Adjustment Percentage
Adjustment
Percentage
Adjustment
Requirement
Restaurant Visitors
38
100% 0 95%
-2 92%
-3
95.0%
-2
31
(Fine /Casuall Employees
6
100% 0 100%
0 100%
0
95.0%
-1
5
Pool Bar Visitors
35
100% 0 85%
-5 98%
-1
96.5%
-1
29
Employees
4
100% 0 90%
0 100%
0
96.5%
0
3
Spa Visitors
30
100% 0 100%
0 95%
-2
95.0%
•1
27
Employees
2
100% 0 75%
-1 100%
0
95.0%
-1
1
SUBTOTAL
115
96
Residential (Reserved) Residents
886
100%
0
100%
0
100%
0
100.0%
0
886
TOTAL REQUIRED 1,001 982
• Mode adjustment is based an data from the US Census Bureau
La Playa Shared Parking Analysis - #21117 Page 2 U
P®
Since 1918 56
Backup Documentation
Internalization Matrix
US Census Data
E�
57
978
David Plummer Associates, Inc 21117 La Playa 1/10/2022 2:45 PM
Scenario Name: Ian 2022 User Group:
Oev. phase: 1 '1
No. of Years to .roecl
0
Warning: The time periods among the land uses
222(1) - Muldromily Housing (High -Rise) - Not
General
Dwelling Units
q90
Weekday, Peak Hour ofTAverage
(LIN)
4377,
Data Source: Trip Generation Manual, 11th Ed
Utban/Suburban
Adjacent Street Traffic,+18.85
34%222(2)-
Multifamily Housing(High-Rise)-Not
General
Dwelling Units
490
Weekday, Peak Hour of(LIN)
84Data
Source: Trip Generation Manual, 11th Ed
Urban/Suburban
Adjacent Street Traffic,♦23.12
5931(1)-
Fine Dining Restaurant
General
IOOD Sq, Ft. GFA
8.95
Weekday, Peak Hour ofge
3Data
Source: Trip Generation Manual,11th Ed
Urban/Suburban
Adjacent Street Traffic,3
50%931(2)
- Flne Dining Restaurant
General
100D5q. Ft. GFA
8,95
Weekday, Peak Hour ofge
47Data
Source: Trip Generation Manual, 11th Ed
Urban/Suburban
Adjacent Street Traffic,0
67%
492 - Health/Fitness Club
General
1000 Sq. Ft. GFA
8
Weekday, Peak Hour
e
5
5
10
Data Source: Trlp Generation Manu.1, I1,1 Ed
Urban/Suburban
of Ad acent Street I
1.31
51%
4996
492(1)- Health/Fitness Club
General
1000 Sq. FL GFA
a
Weekday, Peak Hour of
Best Fit (LOG)
26
20
46
Data Source: Trip Generation Manual, 11th fd
Urban/Suburban
Adjacent Street Traffic,
Ln(T)=0.67Ln(X)♦2.44
57%
43%
Generated By OTISS Pro v2.1
58
PM Peak Hour Trip Generation and Internalization
La Playa
family Housing (High-
Fine Dining Restaurant
Health/Fitness Club
Land Use 222
Land Use 931
Land Use 912
490.Units
8,950 Sq Ft
8,000 Sq Ft
In Out In Out In Out
84 66
47 23
26 20
266 ITE Trips
UNBALANCED INTERNALIZATION
21%
14%
14
7 7
16%
18%
13
4 4
0%
0%
p
0
0
4%
8%
3
2
2
8% 32%
2 1
8
3%
31%
1 1
6
family Housing (High-
Fine Dining Restaurant
Health/Fitness Club
In Out In Out In Out
84 66
47 23
26 20
266 Vehicle Trips
BALANCED INTERNALIZATION
-7
-7
-4
-4
0
0
-2
-2
-2 -2
-1
-1
-6 -7
-8 -6
-2 -3
-32 Internal
78 59
39 17
24 17
234 External Trips
8.7%
20.0%
10.9%
12.0% % Internal
-4 -3
Transit/Pedestria
-7 -5% n (Residential)
74 56
39 17
24 17
227
-12 -12
-24 -44.0% Passby
74 56
27 5
24 17
203 Net New External Trips
59
0� An official website of the United States government Here's how you know
United States®
COMMUTING CHARACTERISTICS BY SEX Census
Bureau
Note: This is a modified view of the original table produced by the U.S. Census Bureau. This
download or printed version may have missing information from the original table.
Census Tract 1.23, Miami -Dade County, Florida
Total Male Female
Label
Estimate
Estimate
V Workers 16 years and over I
1,779
993
V MEANS OF TRANSPORTATION TO WORK
V Car, truck, or van I
85.4%
88.7%
Drove alone
73.0%
77.0%
V Carpooled I
12.4% !
11.7%
In 2 -person carpool I
12.4%
11.7%
In 3 -person carpool I
0.0%
0.0%
In 4 -or -more person carpool
I 0.0%
0.0%
Workers per car, truck, or van
I 1.08
1.07
Public transportation (excluding taxicab)
I 0.7%
0.0%
Walked
I 3.0%
I,
1.6%
Bicycle
I 1.3%
1.3%
Taxicab, motorcycle, or other means
I 0.0%
0.0%
Worked from home
I 9.5% ',
8.4%
PLACE OF WORK
Workers 16 years and over who did not work from home
I 1,610
910
VEHICLES AVAILABLE
PERCENT ALLOCATED
Estimate
786
81.3%
67.9%
13.4%
13.4%
0.0%
0.0%
1.09
1.5%
4.8%
1.4%
0.0%
10.9%
700
60
January 10, 2022
Via email: rlchoron@fortuneintlarouo.com
Ron Choron
Vice President of Construction
Fortune International
1300 Brickell Avenue
Miami, Florida 33131
RE: Initial Comments for La Playa Beach Site Plan
Modifications and Conditional Use
Conceptual Structural Narrative
Dear Ron,
FOUNDING PRINCIPALS
Robert J. McNamara, P.E., S.E.
Elm C Elm I V E
JAN 2 6 ;-)022
PLANNING & ZONING DEPT.
City of Sunny Isles Beach, FL
Joseph A. Solvio, P.E.
MANAGING PRINCIPALS
Boston
Marl, F. Aho, F.E.
Neil A..Atkinson
John S. fNaiuszewski, F.E.
Adam C. McCarthy, P,E.
Benjamin B. Wild, F.E.
Florida
Andrew P. Sullivan, P.E., S.E.
New York
Ryan A. Dow, P.E.. S.E.
VladimirE.Seijas, P.E.
Bari A. Sullivan. P.E.
We are in receipt of the Initial Comments for La Playa Beach Site Plan Modification and Conditional Use dated
December 23, 2021 authored by the City of Sunny Isles Beach. Note No. 7 of the Staff Comments section of this
document requests a structural narrative.
The Conceptual Structural Narrative for the project is as follows:
Foundations and Excavation
The excavation will first consist of a soil mix system to create cementitious ground around the perimeter and
foot print of the future basement (and pile cap thicknesses). Cast -in-place concrete auger cast piles will be
installed for the purpose of supporting the final building structure but also engage will the soil mix system / act
as hold-down due the excavation. Then the site will be excavated. The soil mix along with the piles will resist
the hydrostatic ground water pressure until waterproofing and the complete basement structure is complete.
The basement slab and the perimeter basement walls will likely consist of 16" thick concrete. The first elevated
basement parking level will consist of a 12" thick mild -reinforced elevated slab.
Superstructure
The overall superstructure will generally consist of a cast -in-place system. The columns will be spaced at 30
feet x 30 feet on center allowing an 8" post -tension flat slab at the elevated garage and residential levels. The
slabs will be thicker where they support planters and pools. Curved (or faceted columns) will be provided at
the north and south elevations.
The lateral system will consist of concrete shear walls located around the stair and elevators and the overall
cores.
BOSTON MIAMI NEW YORK ORLANDO WEST PALM BEACH CREATIVE TO THE CORE
The lanterns will likely be constructed of modules of structural steel lifted into place and cladded with metal
panels.
Very truly yours,
McNamara ec
By:
And(ew P. Sullivan, P.E., S.E.
Principal
BOSTON MIAMI NEW YORK -ORLANDO, WEST PALM BEACH CREATIVE TOTHE CORE ,
February 17th, 2022
y6 FLFLOA�
QTY OF SUN P�
CITY OF SUNNY ISLES BEACH
DEVELOPMENT REVIEW REPORT
LA PLAYA BEACH
SITE PLAN MODIFICATION
I. PROJECT SUMMARY
Application Number: PZ2021-22
Application Summary: The Applicant is seeking a major site plan modification for the
approved project "La Playa Beach" formerly known as, "La Playa
Varadero", located at 18801 Collins Avenue, Sunny Isles Beach, FL
33160. The site plan modification is requesting a height increase of 5
stories for both the north and south condominium towers, bringing the
north and south condominium towers to a maximum of 62 stories or
750'-0" NGVD. Additionally, the Applicant is requesting an increase of
281 square feet of Floor Area Ratio (FAR), for a total of 5.98 FAR or
1,228,435 square feet of FAR for the overall project. The total number
of dwelling units, as proposed, is 490 dwelling units, respectively, 260
in the south tower and 230 in the north tower.
The Applicant is seeking a conditional use approval to include a
private members club, offering memberships to the residents of La
Playa Beach and to the public. The private members club will have
access to a private spa totaling 8,000 square feet and a beach bar
and grill restaurant totaling 5,200 square feet (indoor and outdoor
dining). Additionally, a restaurant open to the public totaling 8,462
square feet (indoor and outdoor dining) is proposed. Moreover, the
Applicant is proposing to modify the building amenities to include 17
cabanas and 13 guest suites. Further, the Applicant is requesting a
shared parking agreement between the spa and restaurant uses.
Moreover, the Applicant is requesting a payment agreement for the
approved Transfer Development Rights (TDRs) and FAR bonuses to
be on terms as approved by the City Commission. Further, the
Applicant is requesting for an extension of time to pull a building
permit for an additional 48 months over the 24 months allowed by the
Land Development Regulations (LDRs), for a total of 72 months from
PZ2021-22 1
63
the date of site plan approval. Lastly, the Applicant is requesting the
use of temporary murals and graphics on a temporary construction
fence.
Applicant/Owner: La Playa Beach Associates, LLC
1300 Brickell Avenue
Miami, FL 33131
II. SITE INFORMATION
Land Area: 4.716 Acres (205,424 sq. ft.)
(Survey updated 11/24/21)
Location: 18801 Collins Avenue
Folio: 31-2202-003-0120
Legal Description: All of Tract "I", less the South 216.66 feet as measured at right angles
to the South line of said Tract "I", of AMENDED PLAT NORTH
BISCAYNE BEACH, according to the plat thereof, as recorded in Plat
Book 44, at Page 42, of the Public Records of Miami -Dade County,
Florida.
TOGETHER WITH
That parcel of land lying East of and bounded on the West by the East
line of said Tract "I", and bounded on the North by the Easterly
extension of the North line of said Tract "I", and bounded on the East
by the Erosion Control Line of the Atlantic Ocean, as recorded in Plat
Book 134 at Page 47, of said Public Records of Miami -Dade County,
Florida, and bounded on the South by the Easterly extension of the
North line of the South 216.66 feet, as measured at right angles to the
South line of said Tract "I" of AMENDED PLAT NORTH BISCAYNE
BEACH.
_►e
The South 200 feet of Tract "H", as measured at right angles to the
South line of said Tract "H", of AMENDED PLAT NORTH BISCAYNE
BEACH, according to the plat thereof, as recorded in Plat Book 44, at
Page 42, of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH
That parcel of land lying East of and bounded on the West by the East
line of said Tract "H", and bounded on the North by the Easterly
extension of the North line of said South 200 feet of Tract "H", as
measured at right angles to the South line of said Tract "H", and
bounded on the East by the Erosion Control Line of the Atlantic
Pz2021-22 2
64
Ocean, as recorded in Plat Book 134 at Page 47, of said Public
Records of Miami -Dade County, Florida, and bounded on the South
by the Easterly extension of the South line of said Tract "H" of
AMENDED PLAT NORTH BISCAYNE BEACH.
Land Use: Mixed Use - High Density Resort (MUHDR)
This category is intended to provide for resort style developments
(hotels, hotel -apartments and resorts), high quality residential
apartments (as -of -right 50 DUs/acre and 2.5 F.A.R.) and associated
internal accessory uses (restaurants and other convenience
services). Residential densities with bonuses may not exceed eighty
(80) units per acre for apartments. The density may be increased by
the utilization of TDRs.
Zoning: Mixed Use Resort (MU -R)
This district provides for multifamily dwellings at a maximum density
of 80 dwelling units per acre for condominiums and 125 dwelling units
for apartment/hotel. Apartments, hotels, motels and apartment -hotels,
commercial services and retails goods internal to the buildings and
conference facilities are permitted uses. The density may be
increased by the utilization of TDRs.
History: The subject property is known as La Playa Varadero Motel
Condominium. This property was developed in 1963 as a motel and
was converted into a Motel Condominium with a total of 349 units.
This property was one of the few remaining two-story motels in the
City but has been demolished by its current owners.
On November 19, 2015, the Applicant received approval of a site plan
for two 56 -story towers consisting of 431 residential condominiums,
60 hotel units and 90 apartment -hotel units and 1,228,435 square feet
of floor area ratio (FAR) under Resolution No. 15-Z-156.
On April 21, 2016, the Applicant received approval for a modification
to an existing site plan for two 56 -story towers consisting of 490
residential condominiums, 12 cabanas, 7,781 square feet of
restaurant space, 7,780 square feet office space and 1,850 square
feet of retail space and 1,228,154 square feet of floor area ratio (FAR)
under Resolution No. 16-Z-158.
Adjacent Properties:
III. REQUESTS
PZ2021-22 3
65
Existing Use
Zoning
Land Use Plan
North
Ocean III
MU -R
MU -HDR
East
Atlantic Ocean
--
--
South
Marenas Resort
MU -R
MU -HDR
West
Millenium Plaza
B-1
N -B
III. REQUESTS
PZ2021-22 3
65
Pursuant to Section §265-18 and §265-35 of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a Site Plan Modification for the
project "La Playa Beach" formerly known as, "La Playa Varadero". The proposed
modification includes two sixty-two (62) story residential condominium towers with a
total of 1,228,435 square feet of Floor Area Ratio (FAR), building amenities and a total
of 490 residential dwelling units (260 units in the south tower and 230 units in the north
tower, respectively).
2. Pursuant to Section §265-13 and §265-35 of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a conditional use approval to
include a private members club offering memberships to the residents of La Playa
Beach and to the public.
3. Pursuant to Section §265-46(A)(3) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a shared parking agreement between the spa
and restaurant uses to provide sufficient project parking to meet the minimum parking
requirements of the City's Land Development Regulations.
4. Pursuant to Section §265-23(G)(1)(d) of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a modification to Condition
Number 13 of Zoning Resolution No. 15-Z-156 regarding the payment for the
approved Transfer Development Rights and FAR bonuses to be on a separate
payment agreement with terms as approved by the City Commission.
5. Pursuant to Section §265-11(N)(3) of the City of Sunny Isles Beach Land
Development Regulations and Condition Number 13 of City Zoning Resolution No. 16-
Z-158, the Applicant is requesting an extension of time to obtain a building permit for
an additional 48 months beyond the 24 months allowed by the LDRs, for a total of 72
months from the date of site plan modification approval.
6. Pursuant to Section §265-57(G) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of murals and graphic designs on a
temporary construction fence.
7. The Applicant is requesting deletion of Condition Number 8 and a modification to
Condition Number 7 of City Zoning Resolution No. 15-Z-156, which are related to
hotel/apartment shared parking, and the residency rule for condo/hotel units,
respectively.
IV. PLANNING REVIEW
1. Comprehensive Plan
The following objectives and policies, from the City of Sunny Isles Beach
Comprehensive Plan 2016-2030, are being met by this project:
Future Land Use Element
rz2021-22 4
66
Objective 8
Policy 8D. The City will consider land use compatibility based on the criteria outlined in
Future Land Use objective 4 and Policies 4A.- 4F., in accordance with the
following, with one (1) being the most compatible and five (5) being the
least compatible:
Comment: This application is consistent with this Policy. The proposed
modification compatibility rate is as follows.
Identical to pre-existing adjacent land uses or totally compatible in
terms of use, building elements, height, and scale.
Objective 4
Policy 4A. When evaluating compatibility among proximate land uses, the City shall
consider and balance such factors as noise, lighting, view corridors, glare,
vibration, odor, runoff, access, traffic, parking, height, bulk, scale of
architectural elements, landscaping, hours of operation, buffering, and
safety, as applicable. Large scale development along the oceanfront and
within the town center shall not, solely by virtue of scale or bulk differences
with existing proximate uses, be construed as incompatible.
Comment: This application is consistent with this Policy.
Policy 14B. The Future Land Use Map shall identify all non-residential land as one of
the following non-residential or mixed-use categories with the following
characteristics and limitations as set forth in Policy 15C:
Mixed Use - Resort / High Density: This category is designed to encourage
development and redevelopment within the area east of Collins Avenue for
resort style developments catering to tourists and seasonal residents (hotel,
hotel -apartments, vacation resorts and resort style apartments) as well as high
quality residential apartments. Retail uses such as restaurants, conference
facilities and other convenience services and specialty goods are permitted
provided they are internal and accessory to the hotel I resort development.
Utility, communications, community and recreation facilities serving the
community are also allowed. This category allows an as -of -right density of a
maximum one hundred (100) hotel- apartment units per acre and fifty (50)
dwelling units per acre for apartments and a floor area ratio (F.A.R.) intensity of
2.5. The allowable number of hotel rooms is controlled by the floor area ratio.
Additional residential density and F.A.R. intensity may be permitted for
developments that comply with bonus program requirements. Residential
densities with bonuses may not exceed eighty (80) units per acre for solely
apartments and one hundred twenty-five (125) units per acre for hotel -
apartments, exclusive of lockout units.
PZ2021-22 5
67
Comment: With the proposed modifications, the increase of floor area
ratio square footage for the project, La Playa Beach, is still consistent with
the maximum requirements for density and intensity in the Mixed -Use High
Density Resort Future Land Use District.
Transportation Element
Objective 3
The City shall improve the safety, and efficiency of the City's roadway system through
transportation system management (TSM) techniques, including access management
(Policies 3A -D), improved intersection operations (Policy 3E), traffic calming along
residential streets (Policy 3F), mitigation by developers (Policy 3G), accident analysis
(Policy 3H, 31), and maintaining visibility for pedestrians, vehicles, and cyclists (Policy
3J).
Policy 3B. The City shall protect the safety of motorists, bicyclists, and pedestrians
along Collins Avenue, Sunny Isles Boulevard, and the Lehman Causeway
by controlling the connections and access points of driveways and roads
to driveways, as prescribed by the Florida Department of Transportation or
the through the City's Development Review Process.
Policy 3C. In conjunction with the Florida Department of Transportation, the City shall
develop and implement access management strategies on Collins Avenue,
and Sunny Isles Boulevard to improve traffic operations and safety.
Policy 3D. When reviewing development proposals, the City shall provide for minimal
negative impacts associated with access point locations and provided for
safe and efficient on-site traffic circulation and parking.
a) The City shall continue to develop and enforce improved roadway and
parking lot designs, including minimum access spacing criteria, cross
access easement requirements or other access controls, through
local engineering and development review procedures.
b) Establish land development regulations that address controlled
access to adjacent traffic circulation facilities, the provision of
adequate on-site traffic circulation and off-street parking relative to
existing and planned commercial development.
Policy 3E. In conjunction with the County and FDOT, the City's existing intersections
will be analyzed to determine if any modifications or improvements are
warranted to improve either safety or circulation.
Policy 3G. To ensure that development will take into consideration the character and
integrity of residential neighborhoods, the Development Review Process shall
address traffic improvements or modifications either on-site or within public
rights-of-way, including, but not limited to, roadway adjustments, traffic control
devices or mechanisms and access restrictions to control on-site traffic flow
or divert traffic as needed to mitigate the negative impacts of development
PZ2021-22
68
generated traffic on neighborhood streets as warranted, feasible and
consistent with this Plan.
Comment: The project is consistent with this policy. The Applicant, as part of
this application is proposing to coordinate any modifications to address traffic
improvement or modifications within the public rights-of-way (ROW).
The Applicant, as part of this application, shall coordinate any modifications to
address traffic improvement or modifications within the public rights-of-way
(ROW). All major improvements including, but not limited to, roadway
adjustments, driveway adjustments, traffic control devices or mechanisms,
access restrictions to control on-site traffic flow or divert traffic, etc. shall be
coordinated with the City, Miami -Dade County DTPW, and FDOT to show
compliance with this policy, prior to submitting for building permits.
V. ZONING REVIEW
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "La Playa Sunny Isles" prepared by Arquitectonica stamped received January 26,
2022, consisting of 47 sheets (including 1 sheet by Fortin, Leavy, Skiles, Inc. updated
11/24/21); Landscaping sheets prepared by EDSA stamped received January 26, 2022,
consisting of 27 sheets; and, Conceptual Paving, Drainage, Water and Sewer Plans
prepared by Fortin, Leavy, Skiles, Inc. stamped received January 26, 2022, consisting of
14 sheets. Plans are subject to revisions based on comments provided by zoning staff of
the City of Sunny Isles Beach. Plans are subject to modification.
1. 265-35.D (1) Minimum Lot Area and Width: No modification requested.
2. 265-35.13 (2) & 265-35.D (7) Maximum Building Height: Complies.
Allowed: FAA Guidelines Apply
Previously Approved: 649 Feet
Provided: 750 Feet
3. 265-35 D (3) Lot Coverage: Complies.
Allowed: 60% maximum (123,255 square feet)
Previously Approved: 56.6%
Provided: 56.9% (116,889 square feet)
Pz2021-22 7
69
4. 265-35.D(4): Setbacks:
5. 265-35. D (5) Minimum separation between building: Complies.
Allowed: 75 feet
Previously Approved: 75 feet
Provided: 75'7"
PZ2021-22 8
70
Required
Provided - Tower
Front
South
North
Tower
75 feet
236' 3"
249' 1"
Pedestal
10 feet
75'
75'
Pedestal (Below
10 feet
75'
75'
Grade)
Vehicle Ram
N/A
17' 8"
1718"
Rear
Bulkhead line or 20 feet from the
rear property line, whichever is
Tower
closer to Collins Ave.
131'4"
104'6"
Pedestal
111'8"
118' 1"
Pedestal
50' 3"
87' 5"
Below Grade
Side North
Tower
50 feet, or 25 feet with Design
239' 8"
29' 11"
Flexibility.
Pedestal
Three-foot setback for each two
25'
25'
feet of building height up to a
maximum setback of 20 feet.
Pedestal (Below
0 feet (property line)
145'
145'
Grade
Side South
Tower
50 feet, or 25 feet with Design
25'
289' 7"
Flexibility.
Pedestal
Three-foot setback for each two
25'
25'
feet of building height up to a
maximum setback of 20 feet.
Pedestal (Below
0 feet (property line)
4'
4'
Grade
5. 265-35. D (5) Minimum separation between building: Complies.
Allowed: 75 feet
Previously Approved: 75 feet
Provided: 75'7"
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6. 265-35. D (6) Maximum Building Width: Complies.
Allowed: 250 feet
Previously Approved: 215 feet
Provided: South —184 feet, North — 124 feet
7. 265-35.D (8) Beach Access Easement: No modification requested.
8. 265-35.1)(9) Floor Area Ratio: Complies.
Maximum floor area ratio (265-35.D(9)(b)):
Allowed: Base 2.50 (513,560 square feet); with FAR Bonus and TDRs
5.98— (1,228,435 square feet).
Previously Approved: 5.98 with bonus FAR and TDRs- 1,228,514
square feet.
Provided: 5.98 with bonus FAR and TDRs — 1,228,435 square feet.
9. 265-35.1) (10) (e) Maximum Dwelling Unit Density Bonuses: Complies.
Apartment (Condominium) — 4.716 acres
Allowed: 50 dwelling units/acre (Base number); plus 30 dwelling
units/acre (Bonus number); and 30% increase from Base plus Bonus 24
dwelling units/acre (TDRs). Max. 80 dwelling units/acres plus TDRs.
377 dwelling units (Base and Bonus); 113 dwelling units (TDRs)
Previously approved: 490 dwelling units.
South Tower consist of 390 Condominium units.
North Tower consist of 100 Condominium units.
Proposed: 490 dwelling units.
South Tower consists of 260 Condominium units.
North Tower consists of 230 Condominium units.
10.265-35.D (11) Minimum Unit Size: Complies.
Required: 550 square feet (apartments)
Provided:
Condominium unit sizes: Smallest unit is 1,150 square feet and the
largest unit is 7,000 square feet.
11.265-35.13(12) Subdivisions of Hotels and Motels: N/A
12.265-35.D (13) Parking Garage/rooftop: Complies.
Allowed: 5% Maximum (50 spaces)
Provided: 9 regular, 2 H/C parking spaces
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13.265-35.13 (14) Loading: Complies.
Required: minimum of 11 feet in width and 35 feet in length.
Provided: Six 12'x 35' loading spaces
Two 10' x 25' loading spaces
14.265-35.1) (15) Open Space: Complies.
Required: 40% (82,170 square feet) minimum landscape open space
Previously Approved: 68.4% (140,452 square feet)
Provided: 41.9% (86,084 square feet)
15.265-35.D (16) Accessory use design standards:
(a) Business or commercial establishments permitted as conditional uses
in § 265-34C (3) shall be located within the principal use building,
provided the exterior of any such principal use building shall not have
store fronts or give the appearance of commercial or mercantile
activity as viewed from Collins Avenue.
Comment: Complies.
(c) Cabanas built after the adoption of these LDRs provided they are
strictly incidental to apartment use and shall not be used nor rented
or leased to any person other than a guest of the apartment house.
Cabanas shall not be sold to other than an owner or owners of a unit
within the same development and shall not be used as a dwelling unit.
Comment: Please refer to Section VII- Condition No. 3.
16.265-46 Parkin :
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Required
Provided
Comments
(Residential)
866
866
Complies.
Condominium
Parking Spaces
Parking spaces
(Commercial)
Restaurant
37 spaces
37 spaces
Complies.
(Open to the
public)
Restaurant
7 spaces
7 spaces
Complies.
Outside Dining
(Open to the
public)
Spa
32 spaces
31 spaces
Does not comply. (*)
(Residents and
Club Members)
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Pool Bar
35 spaces
35 spaces
Complies. ("")
Amenity
(Residents and
Club Members)
Pool Bar
4 spaces
4 spaces
Complies (*)
Amenity Outside
Dining
(Residents and
Club Members)
Guest parking
5% of the
24 Hour Valet
Complies.
required
Handicap
25 Spaces
25 Spaces
For all uses
Complies.
TOTAL
1,001 Spaces
1,000 Spaces
Regular
Double and Triple
Tandem
Standard Parallel
Loading
6 (12'x 35')
6 (12'x 35')
Spaces
2 (10' x 25')
2 (10' x 25')
TOTAL
8 loading spaces
18loadin spaces
Complies.
(*) The Applicant is proposing a Shared Parking Agreement for the Spa and the Pool Bar
Restaurant Amenity uses, please refer to subsection no. 17 (below) and Section no. 4 -
Traffic Engineering.
17.265-46. A (3) Shared Parking.
Comments: Please refer to Section no. 4 -Traffic Engineering for comments by
City Staff and City Consultant and conditions stipulated under Section VII.
18.265-56(A) Signage: Complies.
Allowed: Two (2) Max. 78 square feet (monument)
Provided: To be submitted at Building Permitting.
19.104-4.2 Art in Public Places. No modification requested.
20. Construction Staging Plan. Complies.
Required: Submit a proposal for construction staging and management.
Provided: Submitted date stamped received January 26, 2022.
3. Conditional use
265-13. C- General Standards of Review
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a. The proposed use shall be consistent with the Comprehensive Plan.
b. The establishment, maintenance or operation of the proposed use shall not
be detrimental to or endanger the public health, safety, or general welfare.
c. The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
d. 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.
e. 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.
f. The establishment of the conditional use shall not impede the development
of surrounding properties for uses permitted in the zoning district; and
g. 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.
Comments: The Applicant is seeking a conditional use approval to include a private
members club, pursuant to the zoning code section §265-35(C)(3), offering
memberships to the residents of La Playa Beach and to the public. The private
members club will have access to a private spa totaling 8,000 square feet and a
beach bar and grill restaurant totaling 5,200 square feet (indoor and outdoor dining).
The private club use, as part of the amenities of the project, is consistent with the
community character of its surrounding neighborhood. Please see attached
Applicants' letter of intent.
4. Traffic Engineering
Traffic Impact Study:
The Applicant submitted a traffic report date stamped January 14, 2022, prepared by David
Plummer & Associates, Inc. The report has been reviewed by the City's Consultant Diana
White, PE from Calvin, Giordano & Associates. The City's Consultant has conditionally
approved the traffic study and submitted plans with the attached memo dated January 31,
2022. The remaining comments, per attached memo, shall be addressed prior to
submitting for building permits.
Shared Parking:
The Applicant submitted a shared parking report date stamped received January 26, 2022,
prepared by David Plummer & Associates, Inc. The report has been reviewed by City Staff
and City's Consultant Diana White, PE from Calvin, Giordano & Associates. The City's
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Consultant has approved the shared parking with the attached memo dated January 31,
2022. City Staff has conditionally approved the shared parking subject to conditions
stipulated under Section VII.
5. Landscaping Architect
The Applicant submitted Landscaping Plans prepared by EDSA date stamped received
January 26, 2022, and have been reviewed by City's Landscape Consultant Kathy O'Leary
Richards, PLA, ASLA, LEED GA from O'Leary Richards Design Associates, Inc. The City's
Consultant has approved the submitted plans per attached memo dated January 27, 2022.
6. Civil Engineering
The Applicant's Civil Drawings prepared by Fortin Leavy Skiles, Inc and date stamped
received on January 26, 2022, has been reviewed by City staff and City Consultant Heidi
Henderson, P.E from Calvin, Giordano, and Associates. The City's Consultants have
conditionally approved the submitted plans subject to compliance with the memo dated
January 28, 2022. All comments are to be addressed prior to issuance of building permit.
7. Structural Engineering
The Applicant's Conceptual Structural Report prepared by McNamara Salvia Structural
Engineers date stamped received on January 26, 2022, has been reviewed by City staff.
City Staff has no objection to the submitted conceptual report.
VI. FINAL ANALYSIS
Based on the above review by City's Staff and City's Consultants, the application is
consistent with the City's Comprehensive Plan and Land Development Regulations.
Staff and City Consultants have reviewed the site plan modification, the conditional use
request, and the shared parking agreement and finds the proposals to be compatible with
existing adjacent uses and structures. Staff recommends the time extension to pull a
building permit to be extended from 24 months to a total maximum of 72 months from the
date of this site plan modification, if approved, as follows: the building permit for the south
tower shall be obtained within 48 months, and the building permit for the north tower shall
be obtained within 24 months of the issuance of the south tower's building permit. In
addition, the financing agreement is recommended to include conditions as approved by
the City Finance Director and City Manager. No variance(s) are being requested, as part
of this application.
Staff has reviewed the site plan modification application and other requests and is
submitting this staff report with conditions for your consideration.
VII. CONDITIONS
If the City approves this application, the application will be subject to the following
conditions set forth in Section VII.
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Conditions to be completed before demolition, below grade or building permits are
issued.
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "La Playa Sunny Isles" prepared by Arquitectonica stamped received January 26,
2022, consisting of 47 sheets (including 1 sheet by Fortin, Leavy, Skiles, Inc. updated
11/24/21); Landscaping sheets prepared by EDSA stamped received January 26, 2022,
consisting of 27 sheets; and, Conceptual Paving, Drainage, Water and Sewer Plans
prepared by Fortin, Leavy, Skiles, Inc. stamped received January 26, 2022, consisting of
14 sheets. Plans are subject to revisions based on comments provided by zoning staff of
the City of Sunny Isles Beach. Plans are subject to modification.
2. All conditions and approvals enumerated under Resolution Nos. 15-Z-156, No. 2015-2497,
No. 16-Z-158, No. 2016-2511 and No. 2017-2656 shall remain in effect, unless modified
or deleted as part of this application.
3. That the Applicant is required to provide a Declaration of Restrictive Covenants in
recordable form acceptable to the Development Services Department and acceptable to
the City Attorney prior to submittal for an application for building permit, which proffers: (1)
including the ten -foot (10') Landscaping Streetscape Easement as per the streetscape
Masterplan, (2) a 10,000 square foot Public Oceanfront Park easement and (3) a 20 -foot
beach access easement. Additionally, the Declaration shall provide that the Applicant (4)
provide 24-hour valet parking services for owners and guests and (5) include that the
ownership assignment of the seventeen cabanas shall be strictly to an owner or owners of
a unit within the La Playa Beach project. Cabanas shall not be used as a dwelling unit and
shall not be rented or leased to any person other than an owner or owners of a unit within
the condominium. Guest Suites (6) the thirteen guest suites are to be restricted to
condominium owners and their guests only. The guest suites shall not be used as a
dwelling unit and shall not be rented or leased to any person other than an owner or owners
of a unit within the condominium. Shared parking (7) the shared parking agreement shall
be restricted to only the restaurant (pool and bar grill) and the spa. The covenant shall
provide that the use or portion of a use that requires the shared parking shall cease and
terminate upon any change in their respective schedules of operation that results in
conflicting or overlapping usage of the parking facilities, and no nonresidential use may be
made of that portion of the property until the required parking facilities are available and
provided. (8) That the Applicant, as per the submitted plans, shall restrict the truck type
entering the project to only the Wayne Titan 33.83 -foot -wide Garbage Truck, the SU -30
30 -foot -wide truck and the 19 -foot -wide Delivery Van. All other trucks shall be prohibited.
(9) The covenant shall also provide that the City may collect attorney's fees if litigation is
necessary to enforce the requirements of this section. The Applicant shall submit a
Declaration of Restrictive Covenants in a form acceptable to the City Attorney. The
Declaration of Restrictive Covenant shall be recorded in the public records of Miami -Dade
County at the Applicant's expense. The maintenance of these easements, parking areas
and cabanas shall be the responsibility of the Applicant.
4. Upon the submittal of an application for a building permit, the plans submitted shall be
approved by the Community Development Department and be consistent with the specific
site plan approved by the City Commission. Plans shall include all the required elements
of the site plan pursuant to the City's Land Development Regulations and
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recommendations. Should compliance with recommendations result in a change that
would not be considered "minor" in accordance with Section 265-18 of the City Code; the
Applicant shall be required to obtain another approval of the City Commission.
5. That the Applicant agrees to enter into an installment payment plan (financing agreement)
in accordance with the City Code for the FAR bonuses and TDRs. This agreement shall
be executed prior to below grade or master building permit for each phase of the project.
Failure to enter into financial agreement will require the full payment of FAR bonuses and
TDRs prior to issuance of below grade or master building permit for each phase of the
project.
6. That the Applicant complies with all conditions and permit requirements, including but not
limited to, Miami -Dade County DERM, environmental conditions and permitting, the Fire
and Water and Sewer Departments, and Florida Department of Transportation (FDOT),
Miami -Dade DTPW, Miami -Dade Aviation, Florida Department of Environmental
Protection (FDEP), etc.
7. That the Applicant pursue coordination with Florida Department of Transportation (FDOT)
and Miami -Dade County DTPW approvals and any other required external agency's to
address traffic improvements or modifications either on-site or within public rights-of-way,
including, but not limited to, roadway adjustments, driveway adjustments, traffic control
devices or mechanisms and access restrictions to control on-site traffic flow or divert traffic
as needed to mitigate the negative impacts of development generated traffic on
neighborhood streets as warranted, feasible and consistent with City Regulations. The
applicant shall coordinate with FDOT's Traffic Operations Office for the crosswalk project
at 189th Street.
8. That the Applicant shall submit an updated Demolition and Construction Staging and
Traffic Management Plan before commencing any construction activity. The staging plan
shall provide a more detailed schedule of activities relating to the proposed phasing of the
project. The plan shall include but is not limited to the following: parking arrangements,
lane closures, sidewalk closures, any other required activity that may provoke an impact
at the surrounding areas and a plan to implement perimeter scaffolding, catch platform
system or construction safeguards, intended to prevent people, materials, debris, concrete
spillage, dust, paint, construction material etc. from falling to private and public property.
The staging plan should be approved administratively by the City Manager or designee.
9. That the Applicant shall address comments provided by City's Traffic Consultant regarding
traffic and vehicular issues per the memo dated January 31, 2022. The City Manager or
his designee shall review and provide additional comments if necessary. All comments are
to be addressed prior to issuance of building permit.
10. That the Applicant shall address comments provided by City's Civil Engineer and City's
Consultant regarding civil plans submitted during site plan review process. The City
Manager or his designee shall review and provide additional comments if necessary.
11. That Applicant shall maintain an active concurrency review approval from Miami -Dade
County School Board. School Concurrency Determination Letter issued date 01/28/2022,
Application No. SP3121121400584.
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12. The Applicant shall pay all fees related to the review of the application described herein
and shall have paid all other fees due to the City.
13. That the Applicant provide the Lighting/Photometric Plan prior to building permit.
14. That the Applicant provide the Signage and Pavement Marking Plan prior to building
permit.
15. If approved, the Applicant must submit a separate building permit prior any installation of
murals or graphics on temporary construction fencing to be approved administratively by
the City Manager or designee.
Conditions to be completed before any Certificate of Occupancy is issued.
16. Under Section 267-4, the City Manager and/or his/her designee in review of any
application, may refer any such application presented to it to such engineering, planning,
legal, technical, or environmental consultant or professional(s) employed by the City as
the Manager shall deem reasonably necessary to enable him/her to review such
application as required by law. Charges made by such consultants or professionals shall
be in accord with the charges customarily made for such services in Miami -Dade County,
and pursuant to an existing contractual agreement by and between the City and such
consultant. Charges made by the City shall be in accordance with the hourly rates charged
by such consultants or hourly rates of employed professionals and shall be paid within 30
days on submission of City voucher.
17. At the time of submission of any application or thereafter, it is required that an escrow
account be established, from which withdrawals shall be made to reimburse the City for
the cost of professional review services, if any. The Applicant shall then provide funds to
the City for deposit into such account in an amount to be determined by the City Manager,
based on his/her evaluation of the nature and complexity of the application. The Applicant
shall be provided with copies of any City voucher for such services as they are submitted
to the City. When the balance in such escrow is reduced to one-third (1/3) of its initial
amount, the Applicant shall deposit additional funds into such account to bring its balance
up to the amount of the initial deposit. If such account is not replenished within thirty -days
(30) after the Applicant is notified, in writing, of the requirements for such additional
deposit, the City may suspend its review of the application. An application shall be deemed
incomplete if any amount shall be outstanding. A building permit or Certificate of Use and
Certificate of Occupancy shall not be issued unless all professional review fees charged
in connection with the Applicant's project have been reimbursed to the City. Once all
pertinent charges have been paid, the City shall refund to the Applicant any funds
remaining on deposit.
18. The Applicant shall furnish payment and performance bond in an amount determined by
the Building Official to ensure Applicant's performance of public improvements required
pursuant to site plan approval and in accordance with recommendations of the Building
Official after review of construction plans submitted based on development approval
granted herein. Any such bond shall be issued by a surety having a minimum rating of A-
1 in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the
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approval of the City, and shall provide that "this bond may not be cancelled or allowed to
lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of
written notice from the issuer of the bond of intent to cancel or not to renew". As
improvements are made the City, within its discretion, may reduce or eliminate the bond
amount. These rights reserved by the City with respect to any construction bond
established pursuant to this section are in addition to all other rights and remedies the City
may have under this Resolution, in law or in equity.
19. That the Applicant shall install the continuous decorative sidewalk pavers consistent with
the existing pavers on the east side of Collins Avenue. The decorative sidewalks shall be
installed from the northern boundary of 18801 Collins Avenue to the southern boundary of
the Millennium located at 18671 Collins Avenue.
Other Conditions.
20. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the
City upon compliance with all terms and conditions. The Certificate of Occupancy and
Certificate of Use shall be subject to cancellation upon violation of any of the conditions.
21. That the Applicant, during construction, shall provide a perimeter scaffolding, catch
platform system or construction safeguards, intended to prevent people, materials, debris,
concrete spillage, dust, paint, construction material etc. from falling to private and public
property. The Applicant shall implement a catch platform or construction safeguard to be
installed at no less than two story below the active work zone level. If multiple level are
active work zones, multiple catch platform shall be installed. The Applicant shall be
responsible for decreasing and preventing materials, debris, concrete spillage, dust, paint,
construction material etc. from falling to private and public property.
22. That the approved site plan shall remain valid for a period of 72 -months from the date of
the site plan modification approval, provided that a building permit is obtained for the south
tower within 48 months. If no building permit is issued within the 48 -month time period for
the south tower, the site plan shall be considered null and void and of no force and effect.
If the building permit for the south tower is issued within the 48 -month time period, then
the Applicant shall obtain a building permit for the north tower within 24 months of the
issuance of the south tower building permit.
23. That the Applicant complies with all City Ordinances, County, State and Federal Laws and
Regulations applicable to development and permit approvals.
24. All sand excavated from the property including sand from the western side of the Coastal
Construction Control Line ("CCCL") shall be cleaned and shall remain on the beach for re -
nourishment purposes in a location to be determined by Miami -Dade County Regulatory
and Economic Resources ("RER") (formerly Miami -Dade County Department of
Environmental Resources Management "DERM").
(END)
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SUNNY �5�6
04 .. sem
a
s CITY OF SUNNY ISLES BEACH
FLOR`O
C,,F Or (UN A
CITY OF SUNNY ISLES BEACH
DEVELOPMENT REVIEW COMMENTS
Discipline:
Traffic Engineering
Reviewed by:
Diana White, PE /James Kemp, EI
Review Date:
1/31/22
Phone:
(954) 921-7781
Fax:
(954) 921-8807
Application:
Traffic Statement Review
Project Name:
La Playa
Project Number:
16-9130
Comments Based on:
4t" Submittal La Playa Traffic Study dated 1/14/22 and Site plan
No comments
X
Comments as follows or attached
Traffic Study
The following are comments based on the review of the Traffic Analysis for the above-mentioned
project prepared by David Plumer and Associates and dated 1/14/2022.
1. Please provide a traffic study for our review, as per the approved methodology dated 11/17/2021
incorporating our office review comments from 11/30/21
CGA Response 1/10/22: No response letter was received. Satisfied. Please see additional comments 5
to 10 below.
DPA Response 1/13/22: Comment Noted
2. Please provide the Trip Generation Rates used in the calculations. Additionally, for the Multifamily —
High Rise please use the "Not Close to Rail Transit" rates as the project is not located within the vicinity
of Rail Transit.
CGA Response 1/10/22: No response letter was received. Partially Satisfied. The Multifamily — High
Rise uses the "Close to Rail Transit" rates. Please revise this to the "Not Close to Rail Transit" rates, the
project does not meet the ITE definition of "Close to Rail Transit".
DPA Response (1/13/2022): The trip generation and report have been updated to use Multifamily —
High Rise "Not Close to Rail Transit" rates.
CGA Response 1/18/22: Satisfied.
3. Please include the Internal Capture Matrix or pairings used in the calculation of internal trips.
CGA Response 1/10/22: No response letter was received. Satisfied.
4. The square footage of the Spa in the trip generation calculation does not match the architectural plan.
Please revise these to be consistent.
CGA Response 1/10/22: No response letter was received. Satisfied.
5. Please include Intersection Volume Development sheets showing the calculations for Existing, Future
Background, and Future Total volumes used in the Synchro Analyses.
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80
DPA Response (1/13/2022): The Intersection Volume Development sheets have been added to
Appendix D of the report.
CGA Response 1/18/22: Satisfied.
6. Exhibit 4, for the intersection of 189th Street & Collins Avenue in the PM peak hour, shows 108.6
second delay for the WB (NBL) movement, the Synchro Analysis shows 180.6 seconds. Please revise
these to be consistent.
DPA Response (1/13/2022): Exhibit 4 of the report has been updated.
CGA Response 1/18/22: Satisfied.
7. The signal timing in the synchro analysis for the intersection of Collins Avenue & 185th Street does not
match the provided signal timing sheet for the PM peak hour. Please revise the synchro analysis to be
consistent with the provided signal timing plan.
DPA Response (1/13/2022): The signal timing for the Collins Avenue /185th Street intersection have
been updated to match the signal timing sheet for the PM peak hour.
CGA Response 1/18/22: Satisfied.
8. The delay for vehicles exiting the main project driveway and making a left is shown to be over 7,000
seconds in the AM peak hour. Consider restricting this to a right -out only driveway or provide
mitigation for the driveway.
DPA Response (1/13/2022): The main project driveway was reanalyzed. The intersection was
coordinated with the upstream signal in the Synchro analysis. The delay for vehicles exiting and making
a left turn during the AM peak hour is now 61.1 seconds. It should be noted that any delay at the
driveway will not interfere with the operations of Collins Avenue.
CGA Response 1/18/22: Satisfied. (Note: The Left -turn lane has a delay of 98.8 seconds, the overall
approach is 61.1 seconds)
9. The southbound left queue at the main project driveway (entering vehicles) exceeds the turn -lane
length in the PM peak hour. Please provide mitigation to address this deficiency.
DPA Response (1/13/2022): The main project driveway was reanalyzed. The intersection was
coordinated with the upstream signal in the Synchro analysis. Now, the southbound left queue does
not exceed the storage length during the AM and PM peak hours.
CGA Response 1/18/22: Satisfied.
10. Exhibit 12, the delay for the intersection of 185th Street and Collins Avenue does not match the
Synchro analysis in the PM peak hour. Please revise these to be consistent.
DPA Response (1/13/2022): Exhibit 12 of the report has been updated.
CGA Response 1/18/22: Satisfied.
Parking Analysis Comments from Review Letter dated 12/21/22
The following are comments based on the review of the Shared Parking Analysis for the above-
mentioned project prepared by David Plumer and Associates and dated 12/3/2021.
1. Please include the supporting documentation for the proposed reduction rates used.
Response: The revised analysis will provide supporting documents
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81
CGA Response 1/18/22: No revised analysis or supporting document was provided with this
resubmittal
DPA Response 1/26/2022: The other modes of transportation deduction was based on data
provided by the US Census Bureau. Non -captive adjustments were based on the internalization
between land uses. Even though the analysis shows an internalization between land uses of 10%-
12% the non -captive adjustment was capped to 8% for the restaurant, 2% for the pool bar and 5%
for the spa. No adjustment was applied for the employee parking. The non -captive adjustments
were based on engineering judgement taking into consideration the land uses, location of the
project and demographics.
CGA Response 1/27/22: Satisfied.
Site Plan Comments from Review Letter dated 12/21/22
The following are comments based on the review of the Site Plan
1. Please provide a copy of the driveway connection approval letter or meeting minutes from FDOT District
6 for the proposed driveways connections to Collins Avenue.
Response: FDOT letter forthcoming
CGA Response 1/18/22: No letter or meeting minutes were provided with resubmittal
Response 1/26/2022: A copy of the driveway connection approval letter from FDOT District 6 for the
proposed driveways connections to Collins Avenue will be provided as part of the Building Department
Permitting process.
CGA Response 1/27/22: Not Satisfied. Please provide meeting minutes for the FDOT Pre -
application meeting to be held on 2/2/22
2. The width of the southernmost access driveways is wide enough to handle 4- lanes of traffic, 2 in
each direction. Is there a reason for the proposed width of 50 feet? Having additional pavement
width especially by the access driveways encourages conflicting traffic movements. Please address
this issue.
Response: Acknowledge
CGA Response 1/18/22: Not addressed, according to the provided traffic study, only one WB LT and one
WB RT Lane are being provided at the main access project driveway. Please address this issue. The
provided traffic study and analyses need to be consistent with the provided plans. Please provide
mitigation methods to discourage conflicting movements at the main access driveway. E.g. Medians,
traffic separator, pavement markings, reducing the throat width of the access driveway, etc.
Response 1/26/2022: The two-way traffic at this driveway will be clearly delineated with a striped
double yellow median to narrow down the width of the entry and exit lane for the 50' driveway, please
refer to the revised sheet C4.
CGA Response 1/27/22: Satisfied.
3. Please provide on the plans sight distance triangles at both access driveways.
Response: Acknowledge
CGA Response 1/18/22: Not addressed. No sight distance triangles were shown on the plans.
Please provide the plan sheet where the sight distance triangle will be shown and make sure there
are no sight obstructions within those two triangles by the access driveways. Eg. Trees, structures,
etc.
Response 1/26/2022: Sight distance triangles are shown on sheets C4, C5 and C10.
CGA Response 1/27/22: Satisfied.
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4.
Please include a Signing and Striping plan for all internal driveways and drive aisles.
Response 1/26/2022: Signing and Striping has been added.
CGA Response 1/27/22: Not Satisfied. Please provide Signing and Striping plans for the internal
drive aisles. There are several conflict points on the level 4 Lobby and Drop -Off area A1-06. Please
include guide signs and pavement markings to guide motorists in the right direction. Consider
having longer interior aisles instead of multiple traffic circles. Providing so many access points so
close to each other is very confusing for vehicular traffic.
MAIL t PK(,
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LOBBY
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5. The Fire Access Exhibit shows the path overlapping the structure for BOH on the southeast corner
of the service road and one of the parking spaces in the northeast corner. Please provide adequate
space for fire access.
Response 1/26/2022: Refer to updated Auto -turn diagram indicated in plans.
CGA Response 1/27/22: Satisfied.
4
83
6. Please include an auto -turn of service trucks utilizing the loading spaces to ensure there is enough
space to maneuver in and out of the loading spaces.
Response 1/26/2022: Refer to updated Auto -turn diagram indicated in plans.
CGA Response 1/27/22: Satisfied.
Date: January 30, 2022
Diana White, PE
Director of Transportation & Mobility Department
Calvin Giordano & Associates
P:\Projects\2016\169130 SIB Planning & Zoning Consulting Services\Engineering\Reports\Traffic Reviews\14119 La Playa Beach Residences\4th
Submittal\14119 La Playa Beach 4th Submittal Traffic Review-1.28.22.doc
84
O'Leary
Richards
Design
Associates,
Inc.
Landscape Architecture & Planning
MEMORANDUM
To:
Claudia Hasbun, AICP
Planning & Zoning Administrator
City of Sunny Isles Beach
From:
Kathryn O'Leary Richards, ASLA, PLA, LEED GA
Date:
January 27, 2022
Project:
La Playa
Sunny Isles Beach, Florida
Re:
Site Plan Review
#PZ2021-22
Cc:
Jennifer Lu -Chong
City Planner
I have reviewed the Landscape Plans dated 1/11/22 (latest revision #2 dated
1/26/22) prepared by EDSA, Landscape Architects for the above referenced
project and have no exceptions.
Oak Plaza Professional Center
8525 SW 92�d Street, Suite C -u
Miami, Florida 33156
Phone: 305.596.6628
www.olearyrichards.com
85
SUNNY ISLES BEACH
ENGINEERING REVIEW
Review Date: 01/28/22
Discipline: Engineering
Reviewed by: Heidi Belle Henderson, P.E.
Phone No.: (954) 266-6484
Fax No.: (954) 921-8807
Project No: 16-91301
Project Name: PZ2021-22 La Playa Beach Site Plan Modification
Submittal: 2nd submittal
X No comments
Comments as followed or attached
Site Plan Review Comments:
1. No comments remain to be addressed for site plan approval. The plans are preliminary in
nature and the remaining items can be provided at building permit as noted below.
Additional Comments to be addressed at Building Department Permitting:
1. Additional comments may apply and will need to be addressed prior to Building Permit
approval.
z. Engineering approval is pending City's traffic review and approval.
3. Provide Maintenance of Traffic (MOT) Plan by a licensed General Contractor/Professional
Engineer in the State of Florida (If applicable).
4. Detailed and complete engineering plans will be required prior to Building and R/W permit
approval.
5. Detailed plans showing restoration work along Collins Ave. shall be required at building
permit. Please show existing/proposed pavement markings. Restoration for sidewalk, curbing
as applicable, shall be shown on plans.
6. A detailed review of the drainage report will be completed at building permit.
7. Provide utility piping conflict details plan, along with documentation to demonstrate
acceptability of the separation between water, sanitary, storm -water service lines, etc.
8. Show also all existing and proposed utilities on the landscaping plans for potential conflicts.
9. Provide ADA parking, access / driveway, and sidewalks /ramps including dimensions in
accordance with Chapter 553 of the Florida Statutes. "Accessibility of Handicapped Persons"
and latest edition of "Accessibility Requirements Manual" by Department of Community
Affairs, Florida Board Building Codes and Standards, and 'in accordance with Americans with
Disability Act (ADA).
to. Provide drawing file (dwg or dgn) disk of the approved site plan in Florida State Plane
Coordinate (NAD 83). This should be addressed as part of the final submittal.
11. Please provide the DERM drainage approval and the FDEP drainage well permit along with all
other outside agency approvals.
9 Page 1 86
14e &3aUvYend wsoi i/
Reviewer's Name: Heidi Belle Henderson, P.E.
Title: Project Manager
Date: January 28, 2022
https:Hsafebuilt-my.sharepoint.coni/personalladavid_cgasolutions com/Documents/Sunny Isles Beach/La Playa Beach Varadero
2021/Sunny Isles Beach—La Playa_FINAL Eng SP_01-28-2022.doc
• Page 2
87
RECEIVED
JAN 2 6 2022
PLANNING & ZONING DEPT.
City of Sunny Islas Beach, FL
DEMOLITION/CONSTRUCTION STAGING
AND TRAFFIC MANAGEMENT PLANS
PROJECT NAME: La Playa Beach Associates, LLC
PROJECT ADDRESS/LOCATION: 18801 Collins Avenue, Sunny Isles Beach, FL
SUBMITTAL DATE: January 11, 2022
PROJECT APPROVAL BY (CITY):
DATE:
Note: All Staging and Traffic Management Plan must be approved by Zoning,
Building and the City Manager. Modifications may be permitted, if approved by
the City Manager or his designee.
1
88
PROJECT (Briefly describe your project)
La Playa Beach Associates, LLC is proposing a luxury development to be built on a
4.71 -acre lot located at 18801 Collins Avenue, Sunny Isles Beach, Florida 33160. The
project will consist of two towers. Both towers will be 745' high and the parking garage
will contain 1088 parking spaces. Both towers will be a high-end residential
condominiumand will contain 490 units or fewer.
Provide Contact Information: Please include name, title, company, address, phone
number, email, cell phone number.
Development Team:
Mr. Ron Choron
Vice President of Construction
La Playa Beach Associates, LLC
1300 Brickell Ave.
Miami, FL 33131
(305) 351-1000 office
(786) 402-3610 cell
rlchoron@fortuneintigroup.com
Construction Team:
To be determined
Other:
Not applicable
89
II. Demolition Work/Excavation and Grading/Concrete Placement Work
For purposes of this document, Demolition work was completed in June
2015, therefore, Demolition phase work is not included in this plan.
Contractor Information: Please include name, company, address, phone number,
email, cell phone number.
To be determined
Project Location: 18801 Collins Avenue, Sunny Isles Beach, FL 33160
Estimated Start Date (Phase 1):
Tentatively May 2024, contingent to sales absorption of condominium units and market
conditions.
Estimated Completion Date (Phase 1):
October 2027
Hours of Operation:
1. On the majority of days, the contractor will comply with the Sunny Isles Beach
Code of Ordinances, Chapter 193, Article III regarding Construction Noise, which
limits the days and hours of work as follows:
a. Standard time: 7:00 a.m. to 6:30 p.m. Monday through Thursday, 7:00 a.m.
to 5:00 p.m. on Friday, and 9:00 a.m. to 5:00 p.m. on Saturday
b. Daylight savings time: 7:00 a.m. to 7:00 p.m. Monday through Thursday,
7:00 a.m. to 5:00 p.m. on Friday, and 9:00 a.m. to 5:00 p.m. on Saturday
c. No construction activities shall take place on Sunday and on the following
holidays: New Year's Day; Fourth of July; Labor Day; Yom Kippur;
Thanksgiving Day; and, Christmas Day
2. As building construction can require some off -hour work, all night work, and
unforeseeable circumstances beyond the control of the contractor, the contractor
will comply with the City's process for the Request for Waiver of Chapter 193 of
the Code of the City of Sunny Isles Beach and notify all adjacent properties and
submit applications for extended construction hours (see form, below). Some
activities that will require extended construction hours include:
a. Utility upgrades and tie-ins under Collins Avenue and adjacent sidewalk
b. Heavy and/or large equipment and material delivery and removal
c. Foundation dewatering
d. 24-hour mat foundation concrete pour
e. Activities where the safety of the public would be better served during off -
90
hours work
f. Emergencies and other unforeseeable events
91
Se NY l,,Ef
Community Development Department
Construestbu Company Aullioa ebd ilgegt: phone# Fnx#
18070 Collins Avenue, 3al Floor Sunny Isles Bench, Florida 33160
•\.,v, Asa ,
ar
Phone: (305) 792-1772 Fax: (305) 792-1569
Flu
A1212licadon for Extended Construction Hours
Must be Submitted at Least Ten (10) Calendar Days Prior to Occurrence of the Activity/Uo to 6 Months
Prope'tty Owne'r's Nritri_e Phone# Fnx#
Address City State Zip Email
Construestbu Company Aullioa ebd ilgegt: phone# Fnx#
Address City State Zip Email
Sqb=Contrieror':(Ifdiffa>enf'hom tluthotficdtlgen"t) Phone# Fax#
Address City State 'lip 13mnil
Ogsedphon rif Work, Aft icl Ltst ofItt-Xie
Start Time, End Tirt et start Dat& End Date:
Days..of the. \!leek
FOR'OFFIGE USE°ONLY(. APRROVA%5'
Clay Parker, Building Official
acs ❑No ❑ With Comments Approved by: Date:
Helena Forbes, Code Compliance Division Manager
❑Yes (3 No ❑ With Comments Approved by: Date:
Terms and Conditions fier Approval
1) Notify the office of Community Development live weeks in advance of all requests for extended camacie pours
2) The Develop., has to assign an on-site rcprescnmtive to provide for immediate resolution for noise complaints
3) The extended hours of construction shall not have an adverse effect on adjacent property owners its defined by the City Biantger
d) hicludc letters, and proof of service, from contiguous Condominium Associations.
5) Any cost incurred by the City to accommodato n request to extend construction boom will be borne by the Developer
6) fir case it scheduled extension of hours is canceled and rescheduled, additiomd 3 hours minimum fees will be charged
7) The landscape buffer area between the street and construction forme must be kept in pristine suite.
8) Please notify the Department, in writing and on it weekly basis, of the specific days when a pour will Inks phare
9) Any police/lifeguard/Fro personnel requirement must be paid in advance.
Ndtiariaed,ei,'gnatpre o£AppZicsnt•
t{otar3zed eignatuse o£:Reaporreiit]:a Agar'
® Sli—tura aF Applimnt
® Signature of Responsible Party
Dane
nate
Subscribed and Swam before mu this day
Subscribed and Savom before me this day
(geht)_____,,,,.._.___—___._.._...._._._...._..____
uC--- _------ _---- -------- --------- (year')__._.__.._..__....._,..__..---.__.._._..._.__..
L }•
by
Check ane: ❑ Pennnally Known ❑ Produced Identification
Chedr ane: ❑ Pe -o lly Kai— l] 11mdu-1 klemificatinn
Type of kft,ra ficatinn (if nn}•)
Type of Itlanritwadon (if naw)
Notary Public
N,,,.,,• Stamp
Notsiy Public
Nnrery Snanp
\ly Con mission lixpires
My Commission N%Pires
92
Project Task: Describe project; include equipment to be used.
Note: Copy of liability insurance with the City of Sunny Isles Beach as an additional
insured.
All equipment will be modified to include OSHA -compliant "white -noise" back-up alarms
to reduce construction site noise.
Utility upgrades and tie-ins under Collins Avenue, including:
a. Electrical service
b. Domestic water
c. Fire water
d. Sanitary
e. Storm water
f. Natural gas
g. Telephone/data/cable tv
All of which may require the following equipment:
a. Backhoes/Excavators
b. Loaders
c. Trucks (dump trucks, concrete trucks, equipment trucks, etc.)
d. Trailers
e. Compaction equipment
f. Sawcutting equipment
g. Paving machines
h. Directional boring equipment
i. Pumps (both for dewatering and concrete)
j. Street sweepers
k. Generators
2. Site preparation, grading, and excavation:
a.
Backhoes/Excavators
b.
Loaders
c.
Bulldozers
d.
Motor graders
e.
Trucks (dump trucks, equipment trucks, etc.)
f.
Dewatering pumps
g.
Sand sifting equipment for beach sand relocation
h.
Water trucks
i.
Street sweepers
j.
Generators
3. Augered Cast -in -Place Pile installation:
a. Cranes (crawler and hydraulic)
b. Drill rigs
c. Concrete trucks (for grout)
d. Grout pumps
e. Loaders
93
f. Trucks/Trailers (for reinforcing steel deliveries)
g. Generators
4. Temporary shoring and excavation:
a.
Cranes (crawler and hydraulic)
b.
Drill rigs
c.
Pile -driving equipment
d.
Concrete trucks
e.
Trucks/Trailers
f.
Backhoes/Excavators
g.
Loaders/Dozers
h.
Dump Trucks
i.
Compaction equipment
j.
Dewatering pumps (diesel and electric)
k.
Generators
5. Mat foundation preparation and concrete pour:
a. Cranes (tower, crawler, and hydraulic)
b. Backhoes/Loaders
c. Pumps (both for dewatering and concrete)
d. Trucks (dump trucks, concrete trucks, equipment trucks, etc.)
e. Trailers
f. Concrete finishing equipment
6. Tower Crane and Man/Material Hoist Erection, Jumps, and Dismantling:
a. Large crawler and hydraulic cranes (for tower crane and man/material hoist
assembly and erection)
b. Tower cranes (for tower crane and man/material hoist jumping)
c. Large crawler and hydraulic cranes (for tower crane and man/material hoist
dismantling)
d. Generators
e. Tractor trailers
Other concrete placement activities:
a. Cranes (tower, crawler, and hydraulic)
b. Concrete pumps
c. Concrete trucks
d. Truck/trailers
e. Generators
Additional Information (as applicable to project)
Truck Route: Describe truck routes (attach route map), include number of trucks and
staging location.
94
The number of trucks will vary greatly over the course of the project. During concrete
operations, we expect a minimum of fifty (50) deliveries in the course of a typical day.
The proposed truck route for the project will be as shown on the attached Traffic Pattern
to Enter/Exit Jobsite. Most trucks, except for the foundation mat concrete trucks, will be
staged on-site and not on Collins Avenue. The contractor will design project trucks routes
within the property to allow for truck staging within the site.
In addition, the contractor will have trained and certified flagmen ("gate attendants") at
each gate that will ensure no trucks stage on Collins Avenue and will allow trucks to exit
the site with minimizing disruption to traffic.
As at Jade Signature, our contractor will hold training sessions with all subcontractors and
vendors to review the truck route and rules and regulations regarding truck deliveries. For
example, at Jade Signature, the contractor has inserted language into all subcontracts
and purchase orders requiring them to:
1. Fully comply with plans like this one, at all times
2. No delivery vehicles are allowed to make "u -turns" on Collins Avenue
3. No delivery vehicles are allowed to utilize side streets or commercial parking lots
to make "turn-arounds"
4. No delivery vehicles are allowed to block Collins Avenue for any reason
Material Storage Location: Describe the location for material storage (if needed). Any
removal or relocation of sand, must be approved separately.
It is our intention that some materials will be stored on-site, space permitting. Locations
will vary throughout the course of the activities; however, the materials will remain inside
the fenced construction site.
Construction Trailer: Will a construction trailer be used? If so, show location?
Construction trailers (for both managers and materials/equipment) will be required on-
site. Please see the proposed locations on-site, below:
95
.. ARK„
Traffic Control: Will this operation require occupying any traffic lanes, parking lanes,
beachwalks or any other public right -of way? If yes, closures shall be per the regulations
described in the Maintenance of Traffic (MOT) from the Florida Department of
Transportation (FDOT). Please note that a Lane Closure Permit from the Code
Compliance Department must be obtained prior to public right-of-way use.
Similar to Jade Signature, sidewalk and lane closures will be required for certain key
activities, such as: Deliveries and removal of extremely large and heavy equipment;
utility work within the right-of-way and Collins Avenue; and, the mat foundation concrete
pour. Again, like Jade Signature, the contractor will go through the proper channels to
obtain FDOT approval, City of Sunny Isles Beach approval, and have numerous
meetings to coordinate the effort beforehand. Then, execute the MOT plan with all
required signage, barriers/barricades, lighting, certified flagmen, police details, etc.
1. Meet with FDOT to review requirements for the project, timing, locations, etc. and
received advice on how best to prepare the MOT application including all
applicable MOT plans.
2. Prepare a draft of the MOT plans and review this draft of the plans with the City
of Sunny Isles Beach (Code Compliance Department and the Police Department)
3. Finalize the MOT plans as necessary to comply with comments provided by the
City of Sunny Isles Beach.
4. Submit MOT application and plans to FDOT and follow-up with another face-to-
face meeting with the inspector/plans approver to address any additional
concerns.
5. Receive MOT plan approval from FDOT.
6. Submit MOT application and FDOT approval to the City of Sunny Isles Beach
(both Code Compliance Department and Police Department).
7. Request City of Sunny Isles Beach Policer Officers as necessary to comply with
the MOT Plan and protect the safety of the public.
0
96
We will require our contractor to prevent trucks and other equipment from blocking
traffic without the required MOT plan enactment.
Parking: Indicate the number of workers and the areas where their vehicles will be parked
through the duration of this phase of the project.
The number of workers will vary during the course of the project, but at the peak, we
expect approximately 225 individual workers. As the number of available parking spots
and vacant lots continues to decrease in and around Sunny Isles Beach, we will ensure
that workers carpool as much as possible. Further, we will secure parking at the
Haulover Beach parking lots and bus the workers from the parking location to the
construction site, then back to their vehicles at the end of their shift.
Clean-up: Describe the measures that will be taken to ensure that the work site and public
right-of-way will be maintained (including dust control, swale on driveways to prevent
water leaks to the street, gutter buddies, rocks at driveways, etc.)
Similar to Jade Signature, we will require the contractor to keep the construction site
safe and clean, including the immediate area outside the construction site to provide an
environment safe for walking pedestrians and personal vehicles.
Specific measures that will be taken to ensure a clean jobsite are:
1. Truck tire -wash areas at all project site exits prior to leaving the project. At Jade
Signature, the contractor developed steel grating to allow all tire surfaces to be
cleaned with the mud/dirt falling into the gaps in the grating, preventing this
mud/dirt from flowing into the street (see photo, below). The tires will be cleaned
using pressure washers to ensure full removal of mud/dirt/concrete.
H
97
2. Like at Jade Signature, rather than have gravel or stone entrances and exits
to/from the construction site, we will have the contractor provide and maintain a
reinforced concrete apron, which is much easier to clean and maintain as
opposed to gravel/stone. On the jobsite side of the concrete aprons, the
contractor will install the wash -down grating described above.
3. Curb inlets in Collins Avenue along the length of the site will receive erosion
control measures in accordance with the soon to be prepared, submitted, and
approved erosion control plan. There are various types of these curb gutter inlet
sediment prevention devices and our contractor will coordinate with the City and
FDOT. Additionally, the sediment that gets collected on the outside of the
sediment prevention device will be cleaned daily to prevent clogging, water
ponding, and sediment build up.
4. The full-time gate attendants will receive specific training on cleaning and
maintenance. They will wash down, sweep, and remove any dirt, sediment, and
debris, whether deposited from the jobsite or not. These full-time gate attendants
will also keep all sidewalks clear, clean, and safe at all times and, like at Jade
Signature, will be trained to deal with non -construction related pedestrian and
vehicular traffic.
5. The contractor will set up numerous water sources on-site for project individuals
to spray down the site to minimize wind-blown dirt/sand from leaving the project.
During site preparation and grading, a water truck will be used to wet the site.
Fencing: Construction fencing must be constructed of durable material, and additional
silt fencing for additional protection. Gates should be steady and properly secure during
non -working hours.
We take great pride in the "face" of our construction sites (the fencing) and require our
contractors to install temporary construction fencing that is constructed in a permanent
manner and in accordance with the City of Sunny Isles Beach requirements. The
fencing will be constructed of thick, durable plywood that will either be painted or
receive fastener -attached metal panel signage (similar to Jade Signature). The plywood
will be securely mounted to an engineered structural support system made of either
solid wood posts and stringers or hollow structural steel ("HSS") shapes embedded into
holes and encased in concrete. The back side of the fence will be lined with silt fence to
prevent sediment run-off from the jobsite, under the fence, onto the sidewalk or other
adjacent areas.
All gates will be sliding gates, rather than swinging gates, to ensure that the gates do
not accidentally swing into the right-of-way due to the strong winds in Sunny Isles
Beach. The gates will be constructed of the same materials as the fencing in order to
match the fence and provide a consistent look for the project. All gates will be secured
with high-strength pad locks when closed at the end of each day. During the day, we
will have full-time attendants at all open gates to prevent unauthorized access and
ensure the safety of the public. This may also include providing a "warning barrier" in
1I
98
lieu of a closed gate, only during working hours. Finally, like at Jade Signature, we may
light the fence -mounted signage, upon approval from the City of Sunny Isles Beach.
Provide erosion sediment control plans, if applicable.
As we currently have not selected a contractor at this time, we have not had erosion
and sediment control plans prepared. They will be prepared by a licensed, registered
professional and will be in accordance with all national, State, County, and City
requirements. Once prepared, we will have the selected contractor provide copies to
amend this plan and obtain all required permits.
III. Public Beach Access Protection and Closure
None required
Contractor Information: Please include name, company, address, phone number,
email, cell phone number.
To be determined
Project Location: 18801 Collins Avenue, Sunny Isles Beach, FL 33160
Estimated Start Date: not applicable
Estimated Completion Date: not applicable
Hours of Operation: not applicable
Project Task: Describe how and what will be demolished; include equipment to be used.
Not applicable
Adjacent beach access available for public access: Signage, location, hours of
operations, etc. Walkway protection details.
Not Applicable
IV. Other
12
99
Contractor Information: Please include name, company, address, phone number,
email, cell phone number.
To be determined
Project Location:
Estimated Start Date:
Estimated Completion Date:
Hours of Operation:
Project Task: Describe how and what will be demolished, include equipment to be used.
Note: Copy of liability insurance with the City of Sunny Isles Beach as an additional
insured.
13
100
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PROMISSORY NOTE FOR NORTH TOWER
February _2022
FOR VALUE RECEIVED, LA PLAYA BEACH ASSOCIATES, LLC, a Florida limited
liability corporation ("Maker"), with its principal address at 1300 Brickell Avenue, Miami,
Florida, 33131, unconditionally promises to pay to the order of City of Sunny Isles Beach
("Payee"), a Florida municipal corporation located at 18070 Collins Avenue, Sunny Isles,
Beach, FL 33160, the principal amount of Thirteen Million Five Hundred Sixty -Seven
Thousand Four Hundred Nineteen Dollars ($13,567,419.00) (the "Indebtedness"), together
with interest on the unpaid principal balance from time to time outstanding under this
Promissory Note ("Note"), at the rate of Prime plus a half percent (0.5) per annum. Interest
shall be computed for the actual number of days which have elapsed, on the basis of a 360 -
day year. On the date of issuance of the below grade or master building permit for the North
Tower for the project commonly known as La Playa, the Maker shall pay to the Payee ten
percent (10%) of the Indebtedness, which amount is One Million Three Hundred Fifty -Six
Thousand Seven Hundred Forty -Two Dollars ($1,356,742.00) ("Deposit"). The balance of
the Indebtedness, together with all accrued and unpaid interest hereunder shall be due and
payable no later than Seventy -Two (72) months from the date of issuance of the below grade
or master building permit for the South Tower of the project commonly known as La Playa,
which was approved under Resolution Nos. 22 -Z -XX, 16-Z-158, 15-Z-156 ("North Tower
Maturity Date").
Interest under this Note shall begin to accrue upon the issuance of a below grade or
master building permit for the North Tower or no later than Twenty -Four (24) months from
the date issuance of the below grade or master building permit for the South Tower,
whichever comes first. The Maker shall be required to make quarterly interest payments to
the Payee thereafter. Maker shall obtain the master building permit for the North Tower no
later than Twenty -Four (24) months from the date of issuance of the below grade or master
building permit for the South Tower. If Maker fails to obtain the master building permit for
the North Tower as set forth herein, interest on the balance of the Indebtedness shall begin to
accrue until the principal amount is paid from the date of Twenty -Four (24) months from the
issuance of the below grade or master building permit for the South Tower at a rate of Prime
plus one percent (1%) per annum.
The Indebtedness and accrued and unpaid interest thereon shall be due and payable on
the North Tower Maturity Date. If any payment of interest or principal payment is not received
by the Payee within five (5) days after its due date, Maker shall pay Payee a late charge equal to
five percent (5.00%) of the overdue payment. If interest or principal payment is not received by
the Payee within thirty (30) days from Payee's written notice to Maker that any such payment of
interest or principal payment is due and payable, the entire balance of principal payment and
accrued interest shall be due to Payee.
If this Note is not paid promptly on the North Tower Maturity Date in accordance with its
terms and is placed in the hands of an attorney for collection, Maker agrees to pay all
reasonable attorney's fees and the costs and expenses of collection of this Note incurred by
Promissory Note — La Playa Associates, LLC
106
Payee. Maker covenants and agrees that time is of the essence for payments due under this
Note.
All agreements between Maker and Payee, whether now existing or subsequently
arising and whether written or oral, are expressly limited so that, in no contingency
whatsoever, whether by reason of acceleration of the maturity of this Note or otherwise, shall
the amount paid or agreed to be paid to Payee pursuant to the terms of this Note or otherwise or for
the payment or performance of any covenant or obligation contained in this Note or in any other
document evidencing, securing or pertaining to the indebtedness evidenced by this Note
exceed the maximum amount permissible under applicable law. If, from any circumstance
whatsoever, fulfillment of any provision of this Note or other document, at the time
performance of such provision shall be due, shall involve exceeding the maximum amount
permissible by law, then, ipso facto, the obligation to be fulfilled shall be reduced to the limit
validly allowed by law. If Payee shall ever receive, as interest or otherwise, an amount
which would exceed the highest lawful rate of interest, such amount which would be
excessive interest shall be applied to the reduction of the principal amount owing under this
Note or on account of any other principal indebtedness of Maker to Payee and not to the payment
of interest or, if such excessive interest exceeds the unpaid balance of principal of this Note
and such other indebtedness, such excess shall be refunded to Maker. The terms and
provisions of this paragraph shall control and supersede every other provision of all
agreements between Maker and Payee.
This Note shall be prepayable, in whole or in part, at any time and from time to time
without premium or penalty at the sole option of the Maker, with the amount of the prepayment
being credited first in respect of accrued but unpaid interest and second in respect of principal.
No invalid provisions of this Note shall affect or impair any other provision. Maker
and each endorser, surety and guarantor acknowledge receipt of a completed copy of this
Note.
MAKER AND PAYEE, EACH AFTER CONSULTATION WITH FLORIDA
COUNSEL, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY
RIGHT EACH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION
ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS NOTE, OR THE
TRANSACTIONS OR OBLIGATIONS UNDER WHICH THIS NOTE WAS DELIVERED,
OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER
ORAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THIS NOTE.
MAKER AND PAYEE EACH ACKNOWLEDGE THAT THE PROVISIONS OF THIS
PARAGRAPH ARE A MATERIAL INDUCEMENT TO PAYEE'S ACCEPTANCE OF
THIS NOTE AND MAKER AGREEING TO TERMS OF THIS NOTE.
No amendment, modification, waiver or discharge of this Note, or any provision of
this Note, shall be valid or effective unless in writing and signed by Payee and Maker.
This Note shall be construed in accordance with the internal laws of the State of Florida,
exclusive of its choice of law principles, and any suit, action or proceeding arising out of
Promissory Note — La Playa Associates, LLC
107
or relating to this Note must be commenced and maintained in a court of competent subject
matter jurisdiction in Miami -Dade County, Florida and Maker consents to such jurisdiction
and venue and waives all objections (including, without limitation, forum non conveniens)
thereto. Maker agrees to pay the City's attorney's fees and costs if the City has to file any
legal action to enforce the Note.
MAKER:
La Playa Associates, LLC
By:
Signature
Print Name/Title
SWORN TO AND SUBSCRIBED before me by who is
personally known to me, on this day of , 2022.
Notary Public — State of Florida
My Commission Expires:
Promissory Note — La Playa Associates, LLC
108
PROMISSORY NOTE FOR SOUTH TOWER
February _2022
FOR VALUE RECEIVED, LA PLAYA BEACH ASSOCIATES, LLC, a Florida limited
liability corporation ("Maker"), with its principal address at 1300 Brickell Avenue, Miami,
Florida, 33131, unconditionally promises to pay to the order of City of Sunny Isles Beach
("Payee"), a Florida municipal corporation located at 18070 Collins Avenue, Sunny Isles,
Beach, FL 33160, the principal amount of Twenty Million Three Hundred Fifty -One
Thousand One Hundred Twenty -Eight Dollars ($20,351,128.00) (the "Indebtedness"),
together with interest on the unpaid principal balance from time to time outstanding under
this Promissory Note ("Note"), at the rate of Prime plus a half percent (0.5) per annum.
Interest shall be computed for the actual number of days which have elapsed, on the basis of
a 360 -day year. On the date of issuance of the below grade or master building permit for the
South Tower for the project commonly known as La Playa, the Maker shall pay to the Payee
ten percent (10%) of the Indebtedness, which amount is Two Million Thirty -Five Thousand
One Hundred Thirteen Dollars ($2,035,113.00) ("Deposit"). The Indebtedness, less the
Deposit, together with all accrued and unpaid interest hereunder shall be due and payable no
later than the date of issuance of a Temporary Certificate of Occupancy ("TCO") for the
South Tower of the project commonly known as La Playa, which was approved under
Resolution Nos. 22 -Z -XX, 16-Z-158, 15-Z-156 ("South Tower Maturity Date"). Interest
under this Note shall begin to accrue upon the issuance of the below grade or master building
permit for the South Tower. Thereafter, Maker shall pay quarterly interest payments for the
balance of the Indebtedness to the Payee until this Note is paid in full.
The Indebtedness and accrued and unpaid interest thereon shall be due and payable on
the Maturity Date. If any payment of interest or principal payment is not received by the Payee
within five (5) days after its due date, Maker shall pay Payee a late charge equal to five percent
(5.00%) of the overdue payment. If interest or principal payment is not received by the Payee
within thirty (30) days from Payee's written notice to Maker that any such payment of interest or
principal payment is due and payable, the entire balance of principal payment and accrued
interest shall be due to Payee.
If this Note is not paid promptly on the Maturity Date in accordance with its terms and is
placed in the hands of an attorney for collection, Maker agrees to pay all reasonable attorney's
fees and the costs and expenses of collection of this Note incurred by Payee.
Maker covenants and agrees that time is of the essence for payments due under this Note.
All agreements between Maker and Payee, whether now existing or subsequently
arising and whether written or oral, are expressly limited so that, in no contingency
whatsoever, whether by reason of acceleration of the maturity of this Note or otherwise, shall
the amount paid or agreed to be paid to Payee pursuant to the terms of this Note or otherwise or for
the payment or performance of any covenant or obligation contained in this Note or in any other
document evidencing, securing or pertaining to the indebtedness evidenced by this Note
exceed the maximum amount permissible under applicable law. If, from any circumstance
Promissory Note — La Playa Associates, LLC
109
whatsoever, fulfillment of any provision of this Note or other document, at the time
performance of such provision shall be due, shall involve exceeding the maximum amount
permissible by law, then, ipso facto, the obligation to be fulfilled shall be reduced to the limit
validly allowed by law. If Payee shall ever receive, as interest or otherwise, an amount
which would exceed the highest lawful rate of interest, such amount which would be
excessive interest shall be applied to the reduction of the principal amount owing under this
Note or on account of any other principal indebtedness of Maker to Payee and not to the payment
of interest or, if such excessive interest exceeds the unpaid balance of principal of this Note
and such other indebtedness, such excess shall be refunded to Maker. The terms and
provisions of this paragraph shall control and supersede every other provision of all
agreements between Maker and Payee.
This Note shall be prepayable, in whole or in part, at any time and from time to time
without premium or penalty at the sole option of the Maker, with the amount of the prepayment
being credited first in respect of accrued but unpaid interest and second in respect of principal.
No invalid provisions of this Note shall affect or impair any other provision. Maker
and each endorser, surety and guarantor acknowledge receipt of a completed copy of this
Note.
MAKER AND PAYEE, EACH AFTER CONSULTATION WITH FLORIDA
COUNSEL, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY
RIGHT EACH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION
ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS NOTE, OR THE
TRANSACTIONS OR OBLIGATIONS UNDER WHICH THIS NOTE WAS DELIVERED,
OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER
ORAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THIS NOTE.
MAKER AND PAYEE EACH ACKNOWLEDGE THAT THE PROVISIONS OF THIS
PARAGRAPH ARE A MATERIAL INDUCEMENT TO PAYEE'S ACCEPTANCE OF
THIS NOTE AND MAKER AGREEING TO TERMS OF THIS NOTE.
No amendment, modification, waiver or discharge of this Note, or any provision of
this Note, shall be valid or effective unless in writing and signed by Payee and Maker.
This Note shall be construed in accordance with the internal laws of the State of Florida,
exclusive of its choice of law principles, and any suit, action or proceeding arising out of
or relating to this Note must be commenced and maintained in a court of competent subject
matter jurisdiction in Miami -Dade County, Florida and Maker consents to such jurisdiction
and venue and waives all objections (including, without limitation, forum non conveniens)
thereto. Maker agrees to pay the City's attorney's fees and costs if the City has to file any
legal action to enforce the Note.
MAKER:
La Playa Beach Associates, LLC
Promissory Note — La Playa Associates, LLC
110
Signature
Print Name/Title
SWORN TO AND SUBSCRIBED before me by who is
personally known to me, on this day of , 2022.
Notary Public — State of Florida
My Commission Expires:
Promissory Note — La Playa Associates, LLC
111