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HomeMy WebLinkAboutZoning Resolution 22-Z-193RESOLUTION NO. 22-Z- 1 T#3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2022-09) SUBMITTED BY CENTURY TOWERS ASSOCIATES, LLP, FOR THE PROJECT ENTITLED "MARINA DEL MAR II", LOCATED AT 100,150,200 AND 300 KINGS POINT DRIVE, TO (1) ELIMINATE THE CABLE RAILING ALONG THE SEAWALLS OF THE PROJECT, (2) MODIFY THE CONTENT OF THE ENTRYWAY SIGNAGE, (3) MODIFY CONDITION NUMBER 22 OF ZONING RESOLUTION NO. 17-Z-161 WITH RESPECT TO THE RESTRICTIVE COVENANT RELATED TO THE PROJECT'S WORKFORCE HOUSING, AND (4) ADDING AN 18 -SLIP RESIDENTIAL MARINA; PROVIDING FOR CONDITIONS; 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, Century Towers Associates, LLP (the "Applicant") submitted a site plan modification application (PZ2022-09), seeking approval to modify the approved site plan pursuant to Resolution No. 17-Z-161 adopted on February 16, 2017, which included two (2) rental apartment towers with 127 dwelling units in each tower, a parking garage, and a remodeled existing residential tower with 335 dwelling units (the "Project"); and WHEREAS, the Applicant's site plan modification application requests the following: 1. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan Modification to an approved site plan to eliminate the cable railing along the seawalls of the property; 2. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan Modification to an approved site plan to modify the entryway signage for the Project; 3. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan Modification to an approved site plan to modify condition 22 of Resolution 17-Z-161, with respect to the restrictive covenant related to the Project's workforce housing; and 4. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan Modification to an approved site plan to add an 18 -slip residential marina; Legal Description: KINGS POINT PB 75-43 LOTS 6 & 8 & TRACT B & WATER AREA NORTH OF & ADJ PER PB 85-10 PR ADD 100 KINGS POINT DR LOT SIZE IRREGULAR OR 12102-2173 ETC 0384 5 F/A/U 31-2214-010-0060; 14 52 42 1.993 AC KING POINT EAST PB 85-10 TRACT A & WATER AREA SOUTH OF & ADJ .91 AC M/L PR ADD 15920-22 COLLINS AVE LOT SIZE IRREGULAR OR 12102-2173 ETC 0384 5 F/A/U 31-2214-013-0010 Address: 100, 150, 200, and 300 Kings Point Drive Folio: 31-2214-010-0060, 31-2214-013-0010 WHEREAS, on December 15, 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 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. 17-Z-161 adopted February 16, 2017 to: 1. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, eliminate the cable railing along the seawalls of the property; 2. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, modify the entryway signage for the Project; 2 3. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, modify condition 22 of Resolution 17-Z-161, with respect to the restrictive covenant related to the Project's workforce housing; and 4. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, add an 18 -slip residential marina, 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. 17-Z-161 adopted February 16, 2017, to (1) eliminate the cable railing along the seawalls of the property, (2) modify the entryway signage for the Project, (3) modify condition 22 of Resolution 17-Z-161, with respect to the restrictive covenant related to the Project's workforce housing, and (3) add an 18 -slip residential marina, is hereby approved subject to all conditions set forth in Section 4 below. Section 4. Conditions. A. Conditions to be completed before any Certificate of Occupancy is issued. 1. That the Applicant submit an amended Declaration of Restrictive Covenants for Workforce Housing in a form acceptable to the City Attorney that eliminates the specific location of the workforce housing units without altering the number or mix of units to be provided. The Declaration of Restrictive Covenant shall be recorded in the public records of Miami -Dade County at the Applicant's expense. 2. The Applicant acknowledges and agrees that the residential marina located at 100, 150 and 300 Kings Point Drive and legally described herein shall be utilized solely as a residential marina, which shall be limited to 18 -slips for use by the immediate upland residents of the Marina Del Mar development project for recreational purposes. The Applicant further agrees that the residential marina shall be operated under the following limitations and conditions: i. vessel movement shall be restricted to the hours between 6:OOam and 12:OOam; unless in the case of a weather emergency; ii. fueling services are prohibited; iii. pump out services are prohibited; iv. live-aboards are prohibited; V. proof of residency within Marina Del Mar development is required for leasing of a slip, and the vessels within the marina cannot be rented to any other individual for any amount of time; vi. vessels cannot be used for any commercial activity; 3 vii. slips cannot be used for any commercial activity, including jet ski rentals. The Applicant acknowledges and agrees that a violation of any of the aforementioned limitations on the operation of the residential marina shall be deemed a violation of this zoning resolution, and may be enforced through the City's Code Enforcement procedures, in addition to any other remedies available to the City at law or in equity, or both. 3. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Planning and Zoning 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. 4. That the Applicant complies with all conditions and permit requirements, including but not limited to, Miami -Dade County DERM, etc. 5. 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 accord 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. B. 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 approved site plan shall remain valid for a period of 24 -months from the date of the site plan modification approval. If no building permit is issued within the 24 - month time period, the site plan shall be considered null and void and of no force and effect. 3. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. 11 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 15th day of December, 2022. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission By: Dana Robin Goldman, Mayor A Mai ritio Bgtancur, CMC, City Clerk APPROVED A TO FORM D�-CAL OF ICIENCY: Edward A. Dion, City Attorney Moved by:��//-� ,/ Seconded by: t' 5 Vote: / Mayor Goldman ✓ (Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama (Yes)No) Commissioner Stuyvesant (Yes) (No) ny "➢9 /`Q ` �P F FLOP 5 O C'rr OP 5Uµ P� December 15, 2022 CITY OF SUNNY ISLES BEACH DEVELOPMENT REVIEW REPORT Marina Del Mar II SITE PLAN MODIFICATION PROJECT SUMMARY Application Number: PZ2022-09 Application Summary: The Applicant has submitted an application, for minor Site Plan Modifications to the Marina Del Mar II project located at 100, 150, 200 and 300 Kings Point Drive ("Project"). There are four (4) proposed site plan modifications: (1) elimination of the cable railing along the seawalls of the property, (2) modification of the content of the entryway signage, (3) modification of condition of approval number 22 with respect to the restrictive covenant related to the Project's workforce housing and (4) the addition of an 18 -slip residential marina. Applicant/Owner: Century Towers Associates, LLP PO Box 158 Hialeah, FL 33010 SITE INFORMATION Land Area: 8.68 acres — 378,198 sq. ft. Location: 100, 150, 200, and 300 Kings Point Drive Folio: 31-2214-010-0060, 31-2214-013-0010 Legal Description: KINGS POINT PB 75-43 LOTS 6 & 8 & TRACT B & WATER AREA NORTH OF & ADJ PER PB 85-10 PR ADD 100 KINGS POINT DR LOT SIZE IRREGULAR OR 12102-2173 ETC 0384 5 F/A/U 31-2214-010-0060; 14 52 42 1.993 AC KING POINT EAST PB 85-10 TRACT A & WATER AREA SOUTH OF & ADJ .91 AC M/L PR ADD 15920-22 COLLINS AVE LOT SIZE IRREGULAR OR 12102-2173 ETC 0384 5 F/A/U 31- 2214-013-0010 Future Land Use: Medium — High Density Residential This residential land use category allows a range in density and intensity from 25 to a maximum of 50 dwelling units per gross acre and a maximum floor area ratio (FAR) of 2.0. Additional density and intensity may be allowed up to a maximum density of 60 units per acre and an FAR of 2.5 only for waterfront developments that comply with bonus program requirements. Additional density up to 65 units per acre may be obtained with the affordable housing bonuses as set forth in the Land Development Regulations This category is generally characterized by mid to high-rise multifamily developments (apartments), ancillary convenience retail services serving their principal residential use, utilities, communications, community and recreation facilities and school serving the surrounding residential area are also allowed. Zoning District: Medium — High Density Multifamily Residential (RMF - 21 This district provides for single-family, duplex, townhome, medium -density and high-density residential development of multi -family dwellings at a maximum density of 50 dwelling units per acre, with the possibility of density bonuses which may increase the amount of dwelling units per acre up to a maximum of 68 units per acre. History: The Marina Del Mar II project was approved by City Commission on February 16, 2017 under City Resolution No. 17-Z-161. The Project was approved for two rental apartment towers with 127 dwelling units in each tower, a parking garage and a remodeled, existing residential tower with 335 dwelling units. The Project is currently under construction. III. REQUESTS 1) Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan Modification 2 to an approved site plan to eliminate the cable railing along the seawalls of the property. 2) Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan Modification to an approved site plan to modify the entryway signage for the Project. 3) Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan Modification to an approved site plan to modify condition 22 of Resolution 17-Z-161, with respect to the restrictive covenant related to the Project's workforce housing. 4) Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan Modification to an approved site plan to add an 18 -slip residential marina. IV. PLANNING AND ZONING REVIEW The Planning and Zoning Director has determined that the site plan modifications are considered "minor" and in compliance with the limitations set forth in City Code Section §265-18(1)(2) as described below: (a) The modification does not change lot coverage, setbacks, height increase or decrease, as well as density or intensity calculations set forth in a previously approve site plan. Notwithstanding the foregoing or any other provision in this section, a decrease in density and intensity of an approved site plan shall be considered a minor modification, which does not require the approval of the City Commission, where such modification results in a decrease of density or intensity of no more than five percent of the approved density or intensity calculations in the site plan; (b) The change is not an alteration that would otherwise require a variance or would not meet the requirements of the Code of the City of Sunny Isles Beach; (c) There is no change in the location, size and general site compatibility of building, lighting and signs; (d) There is no increase in the number of average daily trips; (e) The change does not alter the location of any points of ingress, egress, access and vehicular and pedestrian patterns to the site; (f) The changes do not substantially decrease the value of or substantially change the character or location of any improvement or amenity; (g) Change to landscape material, location, planting techniques, species, or size as deemed necessary by the City Manager or his/her designee due to availability or site conditions; and (h) The change does not result in a material modification or the cancellation of any condition placed upon the site plan as originally approved. Although the four (4) proposed modifications to the previously approved site plan are minor modifications and comply with the above limitations, and therefore can 3 be approved administratively, pursuant to City Code Section §265-18(1)(3), the City Manager has elected to have the City Commission review the proposed minor modifications to the previously approved site plan. The following is Planning staff's review and analysis of the four (4) individual modifications: 1) The Project is dedicating public baywalks along the perimeter of the Project, adjacent to the north and south waterways. The approved site plan depicts 4' cable railing along the seawalls of the baywalks. The Applicant is requesting to modify the site plan and eliminate installation of the cable railing, as this is not a zoning code or building code requirement. Staff has no objection to the Site Plan Modification to eliminate the cable railing along the seawalls of the property. The proposed minor modification is consistent with the City's Comprehensive Plan and the City's Land Development Regulations. 2) The approved site plan depicts two (2) City monument signs at the entryway of the Project, at the northwestern and southwestern corners of the Kings Point Drive and Collins Avenue intersection. The northwestern corner is where the remodeled apartment tower is located and the southwestern corner is where the dedicated open space parcel is located. The Applicant is requesting to modify the content of the monument sign on the northwestern corner, to provide a development monument sign in lieu of the City monument sign. The City monument sign on the southwestern open space parcel will remain. Staff has no objection to the Site Plan Modification to modify the entryway signage for the property. The proposed minor modification is consistent with the City's Comprehensive Plan and the City's Land Development Regulations. 3) Condition of approval number 22 of Resolution 17-Z-161 requires the development to provide thirty-five (35) workforce housing dwelling units in perpetuity within the existing, remodeled apartment tower. The condition also states, "The Applicant shall specifically designate the units and their location in the plans and in the restrictive covenant." The resulting restrictive covenant identified 35 specific units by unit number within the apartment building that would be dedicated to the workforce housing program. However, the Applicant would like more flexibility for leasing of the workforce housing units and is requesting to amend condition of approval number 22 to eliminate the location of the units from the restrictive covenant. The unit mix is to be maintained (i.e. fifteen (15) 1 Bedroom/1 -Bathroom units, fifteen (15) 1- Bedroom/1.5-Bathroom units, and five (5) 2-Bedroom/2-Bathroom units), and said units are to be spread out on multiple floors. C! Staff has no objection to modify condition 22 of Resolution 17-Z-161 with respect to the restrictive covenant related to the Project's workforce housing subject to the conditions set forth in Section V below. The proposed minor modification is consistent with the City's Comprehensive Plan and the City's Land Development Regulations. 4) The Applicant is requesting to add an eighteen (18) slip residential marina to the approved site plan, located adjacent to the new parking garage. Staff has no objection to the Site Plan Modification to add an 18 -slip residential marina if all conditions are accepted. Wet dockage of private, noncommercial, pleasure craft in connection with any residential use is a permitted use within the RMF -2 zoning district. No additional parking is required for a residential marina. It is proposed that fifteen (15) slips will support motorized vessels and three (3) slips will be limited to sailboats only. The leasing of all slips would be limited to the residents of the Marina Del Mar II Project. The Applicant has provided proposed regulations and rules for operating of the marina. Miami -Dade County Environmental Resources Management (DERM) has performed a preliminary review of the proposed marina and confirmed consistency with the Miami -Dade County's Manatee Protection Program. The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Marina Del Mar II", prepared by Architectural Alliance Landscape stamped received November 14, 2022, consisting of 8 sheets; "Marina Del mar II," prepared by MSA Architects, Inc stamped received November 14, 2022, consisting of 1 sheet; "Exterior Package Sunny Isles 100 Kings Point Dr. 33160," prepared by SFY Architectural Signs and Displays stamped received December 5, 2022, consisting of 2 sheets; "Las Marinas Marina Replacement", prepared by Youssef Hachem Consulting Engineering Inc. stamped received November 14, 2022, consisting of 6 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. V. CONDITIONS A. If the City approves this application, the application will be subject to the following conditions prior to the issuance of a Certificate of Occupancy: 1. That the Applicant submit an amended Declaration of Restrictive Covenants for Workforce Housing in a form acceptable to the City Attorney that eliminates the specific location of the workforce housing units without altering the number or mix of units to be provided. The Declaration of 5 Restrictive Covenant shall be recorded in the public records of Miami -Dade County at the Applicant's expense. 2. The Applicant acknowledges and agrees that the residential marina located at 100, 150 and 300 Kings Point Drive and legally described herein shall be utilized solely as a residential marina, which shall be limited to 18 -slips for use by the immediate upland residents of the Marina Del Mar development project for recreational purposes. The Applicant shall submit a Declaration of Restrictive Covenants, in a form acceptable to the City Attorney, providing that: (i) vessel movement is restricted to the hours between 6:00am and 12:00am, (ii) no fueling services are provided, (iii) no pump out services are provided, (iv) there are no live-aboards, (v) proof of residency within Marina Del Mar development is required for leasing of a slip, (vi) vessels within the marina cannot be rented to any other individual for any amount of time or used for any commercial activity, and (vii) slips cannot be used for any commercial activity, including jet ski rentals. The Declaration of Restrictive Covenants shall also provide that the City may enforce said covenants by sending a written notification to the Applicant by U.S. Mail, postage paid, to the mailing address of the Applicant, or by posting at the Property, and that each violation shall result in a fine in the amount of $1,000 per day and per occurrence. The Applicant acknowledges and agrees, and the Declaration of Restrictive Covenants shall reflect, that the monetary fines described in this provision shall be in addition to any other remedies available to the City at law or in equity, or both. The Declaration of Restrictive Covenant shall be recorded in the public records of Miami -Dade County at the Applicant's expense. 3. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Planning and Zoning 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. 4. That the Applicant complies with all conditions and permit requirements, including but not limited to, Miami -Dade County DERM, etc. 5. 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 Ce 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 accord 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. B. 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 approved site plan shall remain valid for a period of 24 -months from the date of the site plan modification approval. If no building permit is issued within the 24 -month time period, the site plan shall be considered null and void and of no force and effect. 3. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. (END) 7 SUNNY Isle s ~ N n a s9 4cf VOID er yP �* FLOS c t r o f S T4 nNo R IMOT01 T. Ii I W - • „ 5-18-1 SEP 1 5 2022 r 0 PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL Project Name: LAS Girt nA-5 2. Name of 3. Applii City_ Tel. # TION APPLICATION Application # f ?T%070� " 09 Date Received q , 16 - 2 2. Initials 0 a. If applicant is the ownef, give name exactly as recorded on deed. b. The property owner and/or applicant hereby waive, release, indemnify, hold harmless, and forever discharge the City of Sunny Isles Beach from any and all claims, losses, demands, contracts, expenses, cause of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, liability as to any claims that may arise from this application. t Mailing Address PO B69 150 working 4. Name of Property Owr Mailing Address PO City—IJ A&.1 Tel. # (during working 5. Contact Person Mailing Address64 City Tel. # (during wdrking 6. Address or location of 7. Requirements: as'- 9606 Other u Jar As5oe,,,4,-,c , UP hours) L01 - W V - 7 L[ 2-(1 Other property. a. Letter of Intent explaining the proposed minor modification to a previously approved plan. b. Site plan drawings showing the details of the proposed minor modification. c. Non-refundable payment of $4,000.00 made to the City of Sunny Isles Beach. 8. Information about site plan/public hearing previously approved: Applicant's name. Date of hearing z- Ito Nature of hearing 9,4e- Decision ,4e Decision of hearing rUu e-1 Resolution # 17 - 2 - (o City of Sunny Isles Beach Planning and Zoning Department e" z �1 �a IGNATURE OVdWNER (APPLICANT) DATIE STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me thisLday of 20 Z ; by e_Ac� $-0 on behalf of -rvn-�t •Tnw'W As e'c-' &vesL U-19 , a Florida (corporation) (partnership) (other) 1---P He/She is personally known to me or has produced l-JA (type of identification produced) as identification produced and did take an oath. My Commission Expires: Notary Public, State of Florida at Large �..` Print Name: .fin+?�q,: ORLANDO CE3ALLOS ,:. MY COMMISSION #GG34599i >rf•oe+ EXPIRES: October 17,204 '.?F" °� ` Bonded Thru Notary Public undenufiters OP F �.. tf.'ASE +`iRMSz<Le'IihYaYL'd L2Rti1:1»:.:T.£,U.a:..lV:'2Yi:W, 3: tdACYM3l:,e4a`!i%keit'.4e^`�TiRt35t 4:\'sYn72'.�CF9<LIYiLSv'.i/IrU34ib'.tYi�J3P:xC:tt:LT3T.lI---'?1.V2RtMi1L"IklQeUM1 W«Zrlm.:.: 11111 l'td.:.ivki3tefl.YS:fibc_ City of Sunny Isles Beach Planning and Zoning Department 2 AUTHORIAZATION OF AGENT TO ACT ON PROPERTY OWNER'S BEHALF I hereby authorize the below named person to act on my behalf as my agent in the processing of any permits, licenses, business occupancy applications requested by local, state, or federal jurisdictions and to furnish, upon request, supplemental information In support of said permit et, al. Century Towers Associates, L.L.P. Located at: 100 Kings Point Drive Sunny Isle Beach, Florida 33160 Folio 6 314214-010-0060 / 31-2214-013-0100 / 31-2214-008-0080 Name of Authorized Agent: Richard Brock The Brunetti Organization 2200 E. 41h Avenue Hialeah, Florida 33013 Tel: 305-885-8000 ext. 7447 RECEIVED SEP 1 6 ?022 PzaDaa-o PLANNING & ZONING DEPT., City of Sunny Isles Beach, FL I declare that I am the property owner for the property listed above and I am duly authorized to make this appointment. Property Owner: v John J. Brunetti, Jr., Manager Century Towers Associates, L.L.P. State of Florida County of Miami -Dade Date On this _a day of _-, 2L7_! before me appeared John J. Brunetti, Jr., personally known jme,,to be the person who executed the foregoing Instrument. SEAL Notary Pu c- LILLIANMAAIAAAMELY (���i Notary Public - State of Florida �T Commission N GG 461162 am , My Comm Expires Jun 2, 2024 Bonded through National Notary Assn, Century Towers Associates, LLP 2200 East 4th Avenue Hialeah, Florida 33013 Amy Canales, AICP Director of Planning & Zoning The City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 November 14, 2022 ,a UZ2- 09 1v_'("`E C E I V E D m n It 1 1 X022 PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL Re: Letter of Intent for Minor Site Plan Modification and Amended Covenant - PZ 2022-09 Las Marinas —100,150, 200 and 300 Kings Point Drive, Sunny Isles Beach Dear Ms. Canales: Century Towers Associates, LLP ("Applicant"), is owner of the parcels located at approximately 100 Kings Point Drive, 15920 Collins Avenue, and the parcel directly to the east (collectively the "Property"). As you know, the Property is being redeveloped with two new residential Towers and a renovated existing residential building with a combined total of 589 units of multi -family housing (inclusive of workforce housing), a new parking garage, and numerous public benefits including a baywalk promenade, city park, and a revitalized Kings Point Drive (collectively, the "Project"). See Resolution No. 17-Z-161. As the Project nears completion, Applicant hereby seeks several minor site plan modifications and one covenant amendment (collectively, the "Modifications") to promote a better overall Project and facilitate issuance of Certificates of Occupancy for various buildings and other Project components, as follows:' Restoration of Previously Destroyed Residential Marina. Applicant seeks to re -Introduce and reconstruct the previously existing marina located at Property ("Marina"), as an integral component of the Project. By way of background, after nearly 40 years of continuous operation, the Marina was destroyed by Hurricane Wilma in 2005. Rather than pursue immediate redevelopment of the Marina, Applicant prioritized efforts to fortify the Property's seawall and reinvest in and redevelop residential portions of the upland Project. Applicant is now ready to reinvest In the Marina as well. Per Section 265-34 of the City's Zoning Code, RMF -2 permits "Wet dockage or moorage of private, noncommercial, pleasure craft in connection with any residential use permitted." The proposed Marina will serve only immediate upland residents of Marina Del Mar, will otherwise be consistent with the Zoning Code's use definition as an accessory use to the Project. Applicant proffers that the Marina will be a modest operation, with a maximum of 18 slips, recreational use only, no fueling service, no pump -out service, and no live-abords. Applicant respectfully requests the City's favorable review and approval proposal to reinstitute the historic Marina use at the Property, consistent with local, state, and federal regulatory requirements. Notably, DERM has performed a preliminary review of the Marina and confirmed consistency with Miami -Dade County's Manatee Protection Program (MPP). • Removal of Seawall Cable Railing. Applicant had previously proposed a cable railing system along the seawall at the Project, but has since determined that system is not required and is not preferrable from a design perspective. Accordingly, Applicant seeks to remove that element. ' There may be additional incidental site plan changes associated with the Modifications that are intentionally omitted form this Letter of Intent for the sake of brevity. Please see the site plan sheets submitted in connection with this application for full detail. 65971831; I Page 2 of 2 • Final Location of Monument Signs. Applicant has conferred with City Staff, and the parties have agreed to a final location of the City's Monument Sign to be placed within the open space easement located at the Southeast corner of 100 Kings Point Drive and Collins Avenue. Applicant is also seeking replacement of the Project's Monument Sign at the Northeast corner of 100 Kings Point Drive and Collins Avenue. Amendment to Workforce Housing Covenant. in connection with the most recent approvals for the Project, Applicant proffered and recorded a Declaration of Restrictive Covenants for Workforce Housing at Book 21738, Page 4243, Official Records of Miami -Dade County (the "Covenant"). The Covenant sets aside 35 units for Workforce Housing, and specifically identifies which units within the building are reserved as Workforce Housing Units. Applicant now seeks to modify the Covenant to allow greater flexibility to evenly distribute Workforce Housing Unit locations throughout the building. That flexibility will also promote successful lease -up of the building, as well as ensure that the units are efficiently maintained and turned over to new tenants throughout the coming decades. To be clear, this modification will not affect the number or mix of Workforce Housing Units. Applicant will still provide 35 Workforce Housing Units at a mix of (a) fifteen 1 bed,1 bath Units; (b) fifteen 1 bed, 1.5 bath Units; and (c) five 2 bed, 2 bath Units, as previously proffered. VP of Real Estate & Development Century Towers Associates, LLP Cc: Nelsen 0. Kasdin, Esq., Akerman LLP Wesley J. 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FFo LL � O � : 5 0 z w °z W s w O a � ' • I i O a LJ � � p LU I O is RUI J Big -III z F 0 E 2 O d _ C� (V -4-W 3AV S 11100 UJ ' e . ■ N me���9 3gpp � a0 l7 • t x � c Z� N` II LU `p ct O r o � a a _j 5; F sz ae�3 .az a w a z.__.._ -_-D . = z o -s R. FFo LL � O � : 5 0 z w °z W s w O a � ' • I ® LJ LU im LL`` V.. V 1 iJdZLj- Iymal Z. N T O d _ C� (V -4-W 3AV S 11100 UJ ' e . ■ N � U � c Z� N` II LU `p I � 1=01 1 iJdZLj- Iymal T _ C� (V -4-W 3AV S 11100 N= 0 VR;� LL V/r I. ..Q Q 3 N ol N N O N N N N N O O O O M N N N .000 N N N a cll N N O ;Qn o� UW Z� aZ Z o zg w� oc Q W �a —O oma. a E 8 N 0 z W Y 0 O Y 0 C) M (L LL, �Ncc 0-0 0 Fr H Wiz? xDo LU U) EL s m 1. io 0 o C O 4�m Z SN�o�NZ 1212 y �Ou O V J O O 2 o F x Q J a e iN ?NZW QciOW cn?OTi� NNY I,4 OF ,. fBF CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARING I' MFLOP O„Y OP fUN 1.04 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, December 15, 2022 at 6:30 p.m., to consider the following Zoning application: Application: Marina Del Mar II Site Plan Modification Century Towers Associates LLP ("Applicant") Property Address: 100, 200, 250 and 300 Kings Point Drive, Sunny Isles Beach, F133160 Public Hearing #: PZ2022-09 Summary: The Applicant has submitted an application for a Site Plan Modification for the Marina Del Mar II project located at 100, 200, 250 and 300 Kings Point Drive. The site plan for the Marina Del Mar II project was approved in 2017 and consists of two rental apartment towers, a parking garage and an existing, remodeled residential tower. Requests: 1. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan Modification to an approved site plan to remove the cable railing along the seawalls of the property. 2. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan Modification to an approved site plan to modify the entryway signage for the project. 3. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting to modify condition 22 of Resolution 17-Z-16, with respect to the restrictive covenant related to the project's workforce housing. 4. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan Modification to an approved site plan to add an 18 -slip residential marina. Legal Descriptions: KINGS POINT PB 75-43 LOTS 6 & 8 & TRACT B & WATER AREA NORTH OF & ADJ PER PB 85-10 PR ADD 100 KINGS POINT DR LOT SIZE IRREGULAR OR 12102-2173 ETC 0384 5 F/A/U 31-2214-010-0060; 14 52 42 1.993 AC KING POINT EAST PB 85-10 TRACT A & WATER AREA SOUTH OF & ADJ .91 AC M/L PR ADD 15920-22 COLLINS AVE LOT SIZE IRREGULAR OR 12102-2173 ETC 0384 5 F/A/U 31-2214-013-0010 Size of Property: 8.68 acres (378,198 sq. ft.) Zoning District: Medium -High Density Multifamily Residential (RMF -2) 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. The plans, maps and other data pertaining to these applications are available for public inspection during normal business hours in the Office of the City Clerk. 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. c,r* o of say+ 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: Amy Canales, Planning and Zoning Director DATE: December 15, 2022 RE: Site Plan Modification for Marina Del Mar II, located at 100, 150, 200, an( 300 Kings Point Drive (PZ2022-09) RECOMMENDATION: Adoption of resolution and approval of the site plan modifications with conditions. REASONS: The Applicant has submitted an application for minor Site Plan Modifications to the Marina Del Mar I project located at 100, 150, 200 and 300 Kings Point Drive ("Project").The Marina Del Mar II projec, was approved by City Commission on February 16, 2017 under City Resolution No. 17-Z-161 for twc rental apartment towers with 127 dwelling units in each tower, a parking garage and a remodeled, existing residential tower with 335 dwelling units. The Project is currently under construction. There are four (4) proposed site plan modifications: (1) elimination of the cable railing along the seawalls of the property, (2) modification of the content of the entryway signage, (3) modification of condition of approval number 22 with respect to the restrictive covenant related to the Project's workforce housing and (4) the addition of an 18 -slip residential marina. ATTACHMENTS: Staff Report Zoning Application Applicant Letter of Intent Proposed Residential Marina Plans Proposed Plans to Eliminate Cable Railing Proposed Entryway Signage Plans Public Hearing Notice Item Number: 6.A Item Number: 6.A