HomeMy WebLinkAboutReso 2024-3690RESOLUTION NO. ,24- ? 40 9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING THE APPLICATION FOR VARIANCE (APPLICATION NO.
PZ2024-3) SUBMITTED BY BEACH CLUB ACQUISITIONS, LLC (THE "APPLICANT")
TO REDUCE THE NUMBER OF STREET TREES REQUIRED PURSUANT TO §265.71
OF THE CITY'S LAND DEVELOPMENT REGULATIONS FOR THE TURNBERRY OCEAN
CLUB PROJECT, FROM SEVEN (7) TO FIVE (5); 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, Beach Club Acquisitions, LLC (the "Applicant") submitted a zoning variance
application, numbered PZ2024-3 (the "Application"), to the City of Sunny Isles Beach, Florida
("City") requesting the following:
1. Pursuant to Section §265-15 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a variance from the Landscaping Requirements
of Section §265-71 to reduce the required number of street trees along Collins Avenue
for the Turnberry Ocean Club Project, from seven (7) to five (5).
LEGAL: THE SOUTH 200 FEET OF TRACT "L", "AMENDED PLAT NORTH BISCAYNE
BEACH" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
44, PAGE 42, AND THAT PARCEL OF LAND LYING EASTERLY OF AND
BOUNDED ON THE WEST BY THE EAST LINE OF SAID SOUTH 200 FEET OF
Tract "L", AND BOUNDED ON THE NORTH BY THE EASTERLY
PROLONGATION OF THE NORTH LINE OF SAID SOUTH 200 FEET OF TRACT
"L", AND BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF
THE SOUTH LINE OF SAID SOUTH 200 FEET OF TRACT "L", AND BOUNDED
ON THE EAST BY THE EROSION CONTROL LINE OF THE ATLANTIC OCEAN,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 134 AT
PAGE 47 Of THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGINNING ATTHE S.W. CORNER OF SAID TRACT "L", OF "AMENDED PLAT
NORTH BISCAYNE BEACH" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 44, PAGE 42, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 0300'09" EAST, ALONG
THE WESTERLY LINE OF SAID TRACT "L", FOR 201.17 FEET TO A POINT ON
THE NORTH LINE, OF THE SOUTH 200 FEET OF SAID TRACT "'L"', THENCE
NORTH 86°54'29" EAST, ALONG THE PREVIOUSLY DESCRIBED LINE, FOR
490.29 FEET TO A POINT ON THE EROSION CONTROL LINE AS SHOWN ON
"EROSION CONTROL LINE", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 134, PAGE 47, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02°08'23" EAST, ALONG
THE PREVIOUSLY DESCRIBED LINE, FOR 200.07 FEET TO THE SOUTHERLY
LINE OF SAID TRACT "L"; THENCE SOUTH 86°54'29" WEST, ALONG THE
SOUTH LINE OF SAID TRACT "L", FOR 508.31 FEET TO THE POINT OF
BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF
SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA.
ADDRESS: 18501 Collins Avenue, Sunny Isles Beach, FL 33160
FOLIO: 31-2202-003-0190
WHEREAS, the public hearing of the City Commission was advertised and held as
required by law, all interested parties concerned in the matter were heard, and due and proper
consideration was given to the matter and to the information contained in the City's
Development Services Department Development Staff Report; and
WHEREAS, notice was provided to all interested parties regarding the Application; and
WHEREAS, on August 15, 2024, the City Commission conducted a public hearing on the
Application; and
WHEREAS, the City Commission reviewed the Application, the written and oral
recommendations of the Development Services Department and finds that the Application meets
the criteria for variance under the Land Development Regulations and the Comprehensive Plan
of the City.
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 application and
the standards for approval for a variance under the Land Development Regulations and the
Comprehensive Plan of the City, the City Commission makes the following findings and
conclusions:
The application for a variance approval requesting a variance from the Landscaping
Requirements of Section §265-71 to reduce the required number of street trees along
Collins Avenue for the Turnberry Ocean Club Project, from seven (7) to five (5), is consistent
K
with the City's Comprehensive Plan and generally consistent with the City's Land
Development Regulations.
Section 3. Approval. The Applicant's request for approval of a variance to reduce
the required number of street trees along Collins Avenue from seven (7) to five (5), is hereby
APPROVED, subject to the following conditions:
A. That the plans shall be substantially in accordance with that submitted for public hearing,
which are entitled "Boundary & Topographic Survey Turnberry Ocean Club", prepared by
Fortin, Leavy, Skiles, Inc., stamped received May 9, 2024, consisting of one (1) sheet and
sheet L6.00, prepare by EDSA, Inc., stamped received May 31, 2024.Plans are subject to
revisions -based comments provided by zoning staff of the City of Sunny Isles Beach. Plans
are subject to modification.
B. 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.
C. All conditions set forth in City Resolution No. 14-Z-143 approved and adopted on July 31,
2014 shall remain in effect, unless modified by this application.
D. That 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.
E. 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.
F. That the Applicant shall make a donation of Twenty Thousand Five Hundred Dollars and No
Cents ($20,500.00) to the City of Sunny Isles Beach for the purchase and installation of
two 16' Medjool Date Palm trees, at a location or locations of the City's choosing, prior to
issuance of the final Certificate of Occupancy (CO) for the development project.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to
do all things necessary to effectuate this Resolution.
Section 5. 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 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall
be and are hereby repealed.
Section 7. Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this I day of August, 2024.
CITY OF SUNNI ES BEACH, FLORIDA
By its City Co mis ion
By:
Larisa Svechin, Mayor
F-111 14--11�
G
Maurikio Betan�ur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
A ain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by:/�� ,�+�� Seconded by;,l/,G//,
Vote:
Mayor Svechin
Vice Mayor Lama—(AA5f/kf)
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
Yes)
(No)
(Yes)
(No)
v✓ (Yes)
7(Yes)
(No)
(No)
(Yes)
(No)
121
Beach Club Acquisition, LLC
19950 West Country Club Drive, 10th Floor { \5'LEg
aF
Aventura, Florida 33180
..J��__
July 26, 2024 RECEIVED
July 26, 2024
City of Sunny Isles Beach Building Department (the "CW")
PLANNING & ZONING DEPT.
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Attn: Amy Canales
Re: 2nd Amended Letter of Intent / Beach Club Acquisition, LLC ("Applicant") /Property
located at 18501 Collins Avenue, Sunny Isles Beach, FL 33160, Folio: 31-2202-003-
0190 ("Pro er ') and known as Turnberry Ocean Club /Public Hearing Application
Number: PZ2014-08 ("AWlication' j for a modification to the site plan approval for the
Property
As you know, Applicant submitted the Application on May 9, 2024, which included Applicant's
letter of intent dated May 8, 2024 requesting the removal and cancellation of the condition to underground
utility lines ("Undergrounding Work") referenced in Section V.B.21 of Resolution Zoning 14-Z-143
("Resolution'). On May 29, 2024, Applicant submitted the 1g' Amended Letter of Intent (i) requesting the
granting of a variance from Code Sec. 265-71.0 ("Variance") to only be required to plant five (5) Date Palm
Trees in the northwest corner of the Property (the "Northwest Area") and requesting approval ofApplicant's
revised landscaping plan, showing only five (5) Date Palm Trees in the Northwest Area, and replacing the
overall landscape sheet within the Site Plan ("Site Plan Modification") and (ii) requesting the approval of
a modification to the Site Plan by which the condition to underground utility lines referenced in Section
V.13.21 of the Resolution is deleted ("Request to Cancel Undergrounding Condition').
Applicant (i) respectfully withdraws its Request to Cancel Undergrounding Condition since the
utility lines referenced in the Resolution have already been removed by FP&L and (ii) respectfully re-
submits its request for the granting of the Variance under Code Sec. 265-71.0 and the approval of the Site
Plan Modification in order to not interfere with the water facilities and underground electric utility facilities
installed underground in the Northwest Area (collectively, " Undergro and Utilities") and to provide the City
of North Miami Beach and FP&L with the ability to maintain such Underground Utilities.
We look forward to your favorable review. If the Applicant can provide you with additional
information or documents, please do not hesitate to contact the undersigned.
Best Regards,
Beach Club Acquisition, LLC
By-. r!,
Sheryl Kdss, its Authorized Signatory
16
Beach Club Acquisition, LLC
19950 West Country Club Drive, 10th Floor
Aventura, Florida 33180
Modification of Turnberry Ocean Club Site Plan Approval - Letter of Intent
May 8, 2024
City of Sunny Isles Beach Building Department
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Attn: Amy Canales
Re: Modification of Turnberry Ocean Club Site Plan Approval - Removal of Condition V.B.
21 of Resolution 14-Z-143
City of Sunny Isles Beach Application Number: PZ2014-08
Folio: 31-2202-003-0190
This letter serves as notice of Beach Club Acquisition, LLC's ("Applicant") intent to submit an application
for a modification to the site plan approval for the above referenced project. This application is being
submitted solely to request the removal and cancellation of the condition to underground utility lines
referenced in Section V13.21 of Resolution Zoning 14-Z-143 ("Undergrounding Work"). It is Applicant's
understanding that the City of Sunny Isles Beach has engaged Florida Power and Light to perform a larger
project to underground utility lines ("FP&L Project") involving multiple properties, and that the scope of
work for the FP&L Project includes the Undergrounding Work. Accordingly, Applicant proposes the
removal and cancellation of the condition to underground utility lines referenced in Section V.B.21 of
Resolution Zoning 14-Z-143 since FP&L will be performing the Undergrounding Work.
Best Regards,
Beach Club Acquisition, LLC
By: Z�
Sheryl KaA, its Authorized Signatory
Ri, C , L^i/PnY➢i �Y/ Hl CI' A7�tC.1'1
MAY '0242,
City of Sunny Isles u, j: tch.
17
Beach Club Acquisition, LLC
19950 West Country Club Drive, l Oth Floor
Aventura, Florida 33180
May 29, 2024
City of Sunny Isles Beach Building Department (the
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Attn: Amy Canales
C174 o,
t
\S LES
RECEIVE
PZ2024-03
5/29/2024
PLANNING & ZONING DEPT.
Re: I" Amended Letter of Intent / Beach Club Acquisition, LLC ("A-994�—canf") / Property
located at 18501 Collins Avenue, Sunny Isles Beach, FL 33160, Folia: 312202-003-
0190 rEfflaet
A19 and known as Turnbeny Ocean Club /Public Hearing Application
Number: PZ2014-08 ("Anylication ") fora modification to the site plan approval for the
Property
As you know, Applicant submitted the Application on May 9, 2024, which included Applicant's
letter of intent dated May 8, 2024 requesting the removal and cancellation of the condition to underground
utility lines ("Undergroundin¢ Work') referenced in Section V.B.21 of Resolution Zoning 14-2-143
("Resolution'). Through the review of the Application, the City noticed that only five (5) of the seven (7)
Date Palm Trees that were included in the northwest comer of the Property (the "Northwest Area") within
the overall landscape sheet included in the approved site plan for the Property (the "Site Plan"), which
portion of the overall landscape sheet included in the Site Plan is attached hereto as Exhibit A. had been
planted. The City reached out to Applicant to find out when the other two (2) Date Palm Trees would be
planted, and Applicant explained that such trees could not be planted due to the Easements (defined below)
that had been granted during the construction of the project.
On May 28, 2024, Applicant received correspondence from the City that Code Seo. 265-71.0
requires a minimum of seven (7) trees to be planted in the Northwest Area and Applicant would be required
to obtain a variance from such Code section in order to reduce the quantity of trees required in the Northwest
Area from seven (7) to five (5) ("Variance').
The Variance is necessary as the planting of any trees (i) within the easement area granted to the
City of North Miami Beach in that certain Grant of Easement for Water Facilities dated April 22, 2021 and
recorded May 25, 2021 in OR Book 32527, Page 1885 and (ii) within the easement area granted to FP&L
in that certain Underground Easement (Business) dated March 18, 2021 and recorded on April 1, 2021 in.
OR Book 32426, Page 3587, each of which was recorded in the Public Records of Miami -Dade County,
Florida (collectively, "Easements", which are attached hereto as Exhibit B, and the easement areas within
the Easements are the "Easement Areae), will likely interfere with (i) the water facilities and underground
electric utility facilities installed underground in the EasementAreas (collectively, "Underground Utilities")
and (ii) the ability of FP&L and the City of North Miami Beach to maintain the Underground Utilities in
accordance with their obligations under the Easements.
Accordingly, the Applicant respectfully requests the following:
1. The granting of the Variance under Code Sec. 265-71.0 such that only five (5) Date Palm Trees,
rather than seven (7) Date Palm Trees, will be required to be planted in the Northwest Area in
order to not interfere with the Underground Utilities and to provide the City of North Miami
Beach and FP&L with the ability to maintain the Underground Utilities;
18
Beach Club Acquisition, LLC
19950 West Country Club Drive, l Oth Floor
Aventura, Florida 33180
2. The approval of a modification to the Site Plan, by which the revised landscaping plan attached
hereto as Exhibit C and showing only five (5) Date Palm Trees in the Northwest Area replaces
the overall landscape sheet within the Site Plan; and
3. The approval of a modification to the Site Plan by which the condition to underground utility
lines referenced in Section V.B.21 of the Resolution is deleted since the City has engaged FP&L
to perform the Undergrounding Work.
We look forward to your favorable review. If the Applicant can provide you with additional
information or documents, please do not hesitate to contact the undersigned.
Best Regards,
Beach Club Acquisition, LLC
By:
Sheryl Ka. -J, its Authorized Signatory
19
Beach Club Acquisition, LLC
19950 West Country Club Drive, 10th Floor
Aventura, Florida 33180
Exhibit A
Northwest Area
(See Attached)
20
21
OVERALL LANDSCAPE PLAN
ROBERTM.SWEDROEMER
f&`
TURNBERRY
G A R A 0 8
A
V•
aRCfflTECTS PLANN@tS
OCEAN CLUB
z A V A T
w
SUNNY ISLES
s T u U, 0
BEACH, FLORIDA
21
Beach Club Acquisition, LLC
19950 West Country Club Drive, 10th Floor
Aventura, Florida 33180
Exhibit B
Easements
22
ity
mi
Prepared: CSS La;K City ttorro ch CFN 2021 RO3707 2
D. Espino, WSH L.ew> City AUomey
17050 NE 19 Avenue OR BK 32527 Pos 1885-1846 (12Pss)
Norlh Miami Beach, h 33162 (305) 848-2967 RECORDED 05/25/2021 12-3521-01
HARVEY RUVINt CLERK oP COURT
i1I01—DADE COUNTY, FLORIDA
GRANT OF EASEMENT FOR WATER FACILITIES.
THIS GRANT,017 "Easem nt° FO L04 made
and entered Into this da of ' , 2 by and between Beach
Y
Club Acquisition, LLC as "Grantor", and havi g an address at 19501 West Country Club Drive,
10th Floor, Aventura, Fl 33180, and the CITY OF NORTH MIAMI BEACH, a municipal
corporation duly organized and existing under the laws of the State of Florida; having an
address at 17011 N.E. IV Avenue, North Miami Beach, Florida 33162 hereinafter referred to
as "Grantee".
RECITALS
A. Grantor is the fee simple owner of certain real property described In Exhibit A attached
hereto and made a part hereof rSubject Property°).
B. Grantor has agreed to grant an easement over that certain portion of the Subject
Property specifically described on Exhibit "B„, attached hereto and made a part hereof
(the "Easement Area"), upon the terms and conditions set forth herein.
C. Grantor has agreed to grant an easement to Grantee for the sole purpose of
construction, operation and maintenance of water facilities, including transmission
mains, distribution mains, supply pipes, manholes, valves, connections, pumps and all
other physical facilities and property installations that are required for water facilities
across, under and through the Easement Area, as may be required by Grantee In
connection with its use and operation of the water facilities.
D. Grantee shall bear any and all costs of maintenance, utilities, replacements, repairs,
taxes, insurance, and any and all other costs and expenses involved in its operation and
use of the water facilities (the "Operating Costs"). a
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
Recitals. The above recitals are true and correct and by this reference are
incorporated as if fully set forth herein.
Easement. Grantor hereby grants to Grantee, for the use and benefit of Grantee, its
successors and assigns and its agents and employees, a non-exclusive easement over, across,
through and under the Easement Area solely for the use, installation, operation, maintenance,
replacement and repair of the water facilities located on the Easement Area. Hereafter, unless
specified to the contrary; use of the term "water facilities" shall include
.l
PROJECT: TURNBERRY OCEAN CLUB (WM-0351)
DATE: MARCH 1, 2021
23
Prepared. City of North Miami Beach
D. Espino, WSH Law, City Attorney
17050 NE 19 Avenue
North Miami Beach, FL 33162 (305) 948-2967
transmission mains, distribution mains, supply pipes, manholes, valves, connections, pumps, all
other physical facilities and property installations that are required for water facilities.
Maintenance. Grantee agrees to install, maintain, repair and replace (as necessary) the water
facilities, or necessary portions thereof, so that same is at all times in good working order and
condition and free of material defects, subject only to occasional interruption of service due to (i)
ordinary wear and tear and use thereof, (ii) routine or extraordinary maintenance, repair or
replacement; or (iii) events beyond Grantee's reasonable control. Grantee shall have the right to
select the contractor(s) of its choice in connection with all aspects of installation, maintenance,
repair, and replacement of the water facility. Grantee shall only be obligated to restore
pavement, curb -gutter, sidewalk and/or sod, to restore the surface of the Easement Area to the
condition in which it existed immediately prior to the performance of such work (the cost of
which shall be included in Operating Costs). Any other landscaping, encroachments,
structures or other materials on the surface of the Easement Area will not be restored or
maintained by the Grantee.
The Grantor shall at all times, have full and unrestricted access to the Easement Area in order
to maintain, repair and replace necessary portions of the surface of the Easement Area. In the
event that the water facilities are damaged by the Grantor during any such maintenance, repair
or replacement, the Grantor shall make all necessary repairs to the water facilities at Grantors
sole expense.
Encroachments. Grantor agrees to keep Easement Area easily accessible, with no structures
to be placed within or immediately adjacent to the Easement Area impeding access to the
Easement area. Grantor will immediately remove, at its own expense, any encroachment, or
structure located within the Easement Area.
Third Party Agreements. Grantor agrees to immediately notify Grantee of any third parties
intending to use, install, or otherwise encroach on the Easement Area.
Noise Controls. Grantee shall use best efforts and, at a minimum, shall comply with industry
standards, with respect to controlling noise emanating from the water facilities.
Payment Covenants. Grantee shall be responsible for the Operating Costs of the water
facilities. Grantor shall be responsible for any costs associated -with damage to the water
facilities resulting from Grantor's maintenance, repair or replacement related to the surface
portion of the Easement Area.
Tenn. The term of this Easement shall be perpetual unless terminated by the parties in a writing
executed by both. This Easement shall not merge with any deed to the Subject Property or any
part thereof but shall survive for the Term described herein.
Successors and Assigns. This Easement shall bind, and the benefit thereof shall inure to the
respective successors and assigns of Grantee.
PROJECT: TURNBERRY OCEAN CLUB (WM-0351)
DATE: MARCH 1, 2021
24
Prepared; City of North Miami Beach
D. Eapino, W5H Law, City Attorney
17050 NE 19 Avenue
North Miami Beach, FL 33162 (305) 848-2967
Limitation. It is the intention of the parties hereto that this Easement shall be limited to and
utilized solely for the purposes expressed herein.
Indemnification and Hold Harmless. The Grantee will assume and defend all liability of
Grantor, with respect to the Grantee's activities within the Easement Area, except for liability
arising in whole or in part from the negligence or willful acts of the Grantor, its officers, owners,
residents, guests, employees, or any other third party permitted by the Grantor to be within the
Easement Area. Nothing contained in this paragraph or elsewhere in this Grant of Easement
Agreement is intended to be a waiver of limitations on the Grantee's liability to third parties as
set forth in Section 768,28, Florida Statutes.
Default by Grantee. In the event of a default by Grantee in the maintenance, operation or
repair of the water facilities, Grantor shall give written notice to Grantee, specifying the nature of
such default. Grantee shall have a period of ten (10) days following receipt of said notice in
which to remedy the default (or such longer time as may be necessary and reasonable,
provided Grantee shall have commenced a cure within said ten (10) day period and is diligently
and continuously prosecuting same); failing which Grantor shall have the right to access the
water facilities, for the limited purpose of effecting the required repair or maintenance.
Notwithstanding the foregoing, if the default is of such a nature that an emergency situation
arises constituting an unsafe or unsanitary condition, the period for cure of such default shall be
accelerated to be a period of time determined by Grantor in its sole discretion, but which is
reasonable in light of the nature of the emergency. All costs incident to curing a default by
Grantee under this subsection shall be the sole responsibility and obligation of and, accordingly,
shall be borne by, the Grantee.
Default by Grantor. In the- event of a default by Grantor in the repair of the water facilities
resulting from damage caused by Grantor to the water facilities pursuant to Grantors activities
provided for herein, Grantee shall give written notice to Grantor, specifying the nature of such
default. Grantor shall have a period of ten (10) days following receipt of said notice in which to
remedy the default (or such longer time as may be necessary and reasonable, provided Grantor
shall have commenced a cure within said ten (10) day period and is diligently and continuously
prosecuting same); failing which Grantee shall have the right to effect the required repair of the
water facilities. All costs incident to repair of the water facilities shall be borne by the Grantor.
Enforcement. In the event it becomes necessary for any party to defend or institute legal
proceedings as a result of the material failure of either party to comply with the terms, covenants
and conditions of this Easement, the prevailing party In such litigation shall recover from the
other party all costs and expenses incurred or expended in connection therewith, including,
without limitation, reasonable attorneys' fees and costs, at all levels.
Venue; Jurisdiction. This Easement shall be governed and construed in all respects in
accordance with the laws of the State of Florida, without regard to its conflict of laws provisions.
Further, all parties hereto agree to avail themselves of and submit to the personal Jurisdiction of
the Courts of the State of Florida in Miami -Dade County.
PROJECT: TURNBERRY OCEAN CLUB (WM-0351)
DATE: MARCH 1, 2021
K,
25
Prepared: City of Nodh Miami Beach
citymomey d�-5y�it7i3� S' LNW
17050 NE 19 Avenue
Nodh Mieaey Beach. FL 33162 (3= 848-2867
interpretation. No pmvlslon of this Easement will be Interpreted in favor of,
or against, any of the parties hereto by reason of the extent to which any such party or its
counsel participated In the drafting thereof or by reason of the extent to which any such
provision is inconsistent with any prior draft hereof or thereof.
Counterparts. This Easement may be executed in any number of counterparts, each of which
shall be deemed an original and all of which, taken together, shell constitute a single document,
Notices. All notices, demands, requests or other communications required or permitted to be
given hereunder shall be deemed delivered and received upon actual receipt or refusal to
receive same, and shall be made by United States certified or registered mail, return receipt
requested or by hand delivery.
Notice to Grantor shall be addressed to:
��yy��g� r•
AWN
r
City of North Miami Beach
17011 N.E. IP Avenue
North Miami Beach, Florida 33162
Entire Easement. This Easement constitutes the entire agreement between the parties hereto
with respect to the specific subject matter hereof and supersedes all prior negotiations,
agreements, understandings and arrangements, both oral and written, between the parties with
respect to such specific subject matter. This Easement may not be modified in any way, except
by a written instrument executed by each of the parties,
Severability. If any clause or provision of this Easement is deemed illegal, Invalid or
unenforceable under present or future laws effective during the term hereof, then the validity of
the remainder of this Easement shall not be affected thereby and shall be legal, valid and
enforceable.
(ENDOitSEMENTS TO FOLLOW]
PROJECT; TURNBERRY OCEAN CLUB (WM-0351)
DATE- MARCH 1. 2021
26
Prepared Cly of N 11h•Mlamt Beac�f���
CityAHomey �•M1a'�9d'tz,10 1A U +
17050 NE 19 Avenue
North Miami Beach. FL 33162 (3051946.2967
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
GRANTOR: Beach Club Acquisition, LLC
NAME: Sheryl Kass
TITLE: Authorized Signatory
Signed, seale e!' d ine presence af;
WITNESS #1: � '1
PRINTED NAME: (27rl > .
WITNESS #2:
PRINTED NAME: Y til S
STATE OF �ioe ,dC4 COUNTY OF k )► GtL L _ T) e-1 f.
The foregoing instrument was acknowledged before me this I_ day of
, 20 �l by I Y (Grantor), He/she is Erpersonally
known to me or ❑ has produced physical presence or ❑ online notarization.
ry Publlc`•
Typed, printed or stamped name of Notary Public
Commission Expires: r•v..�r
ty. Sion PublicFlorida
`F Bianca Jeokr
My Commisst456' 1
as Expires 00124:=21
PROJECT: TURNBERRY OCEAN CLUB (WM-0351)
DATE: MARCH 1, 2021
5
27
PrepQted: City of North Miami Beach
City Attomay
17950 NE 19 Avenue
North Miami Beach, FL 33182 (305) 948-2967
GRANTEE:
CITY OF7NORTH MIAMI BEACH
BY:
NAME: HOR CE MCHUGH
TITLE: INTERIM - CITY MANAGER
Signed, sealed and deliverered In the presence of:
WITNESS #1: a ./7�C �lt.s� 4 JJ]�'•
PRINTED NAME: 14. 1 {� :� 41
WITNESS #2:
PRINTED NAME:~ '
STATE OF FLORIDA COUNTY OF Cllr m; '7- ' dr -
The foregoing instrument was acknowledged before
i 2 ice,
2QII_ by &6,-a cc t`ieh a u{t (Grantee).
known to me or o has produced
means of [3 physical presence or online notarization
or stamped name of
Commission Expires:
PROJECT: TURNBERRY OCEAN CLUB (WM-0351)
DATE MARCH 1. 2021
me this day of
He/she is El-'P'emonaliy
as identification by
ANDRISE BERNARD
Notary PUNC • State of FNr141
COMMInipn BGG $70118
Yy COMM. Expires Jul 12, 2024
Q* National Notary Assn.
r~
.•
28
EXHIBIT W
LEGAL DESCRIPTION:
The South 200 feet of Tract T', AMENDED PLAT OF NORTH SISCAYNE BEACH, according to the Plot thereof. as
recorded in Plat Book 44 at Page 42 of the Public Records of Miami—Dade County, Florida.
TOGETHER WITH:
A parcel of land lying Easterly of and bounded on the West by the East line of said South 200 feet of Tract
"L", and bounded on the North by the Easterly prolongation of the North line of said South 200 feet of Tract
"L", and bounded on the South by the Easterly prolongation of the South line of said Tract "L", and bounded on
the East by the Erosion Control Line of the Atlantic Ocean, according to the plat thereof, as recorded in Plot
Book 134 at Page 47 of sold Public Records of Miami—Dade County, Florida.
SURVEYOR'S NOTES:
— This site lies in Section 2, Township 52 South, Range 42 East. City of Sunny Isles Beoch,
Miami—Dade County, Florida.
Bearings hereon are referred to an assumed value of N 03'01'34" E for the West line of Tract "L", also
being the East right of way line of Collins Avenue.
Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
Lands shown hereon containing 99,879 square feet, or 2.293 acres, more or less.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch 02014-026—NAVD.
CERTIFICATION TO:
The School Board of Miami—Dade County, Florida and Walter J, Harvey, School Board Attorney and his successors
in office
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge ort, June 22, 2015,. and.
meets the applicable cod„rcs as set forth in the Florida Administrative Code, pursuant tq.15eatidn 47247; Floridc
Statutes. /� „� a o /
'Not valid wtthayt Ifie sipnaWoriginal raised seal or a digital signature of ftr» Florida Licensed Swv%w and'vappef4 tb. hp bb W. 4A- 1� • +'
FORTIN LEAVY�'SKI{.ES; iN�3% � ;� *I Wit .
Daniel C. Fortin, Jr., For The Firm r, ''s� r +•'rr,
Surveyor and Mapper. LS6435 5%K_ &/o,120
State of Florida.
Drawn !3y LEGAL DESCRIPTIDN,11iDTES & CERT/FICA
Cad. No 141287. _ 1
(Ref. 6wg_
oRTw, LEAvY, S KMES, IlVC.
2014-026—NAVO..__ _I WNSULTINGENODMERS, SURVEYORS 6t MAPPERS
1�LORIDA Cl3R'i7pCCATL OF AU?SQlt7ZA'1ZdN 1Vt71vID>s�: 00003653
.. .._180 NaaSheen 168th. Street / Nonb Mi®i Deacb. Plaridr. 33162
Plotted 5/20/20 7:40a— PYaoae: 305.853-4403 / VWL 30s-631-7732 / 6s�aarnveY.aa�n
_ -- — - — -)
11 1
Date 6/22/15
Scale NOT TO SCALE
Job. No. 150928
DwS. No. 1015-064-1
Sheet 1 of 3
_ 29
EROSION CONTROL LINE A�
OF TWE ATLANTIC OCF""
PLAT BOOX 134 PAGE
zoD
T R
GRAPHIC SCALE
I0 40 80 ISO
( IN FEET )
i inch a 80 it.
rWEST LINE
OF TRACT 1=
EAST RIGHT OF WAY LINE
OF COLLINS AVENUE
(STATE ROAD A -•1-A) _
wn By Mme,
Nv. 141287
5/70/20 7:400
OCEAN EXHIBIT "k
SKETCH OF DESCRIPTION i
FFoRTw, LEAvy, S KILES, INC.
CONSULT WO ENOWEERS, SURVEYORS & MAPPERS
PZAMUDA C KTMCATB OF AALy1'E 0X=AMX" 111 MLI ODOC. M
180 NoMheaat 168da. Street /'North Mimi Badu. Fiortda• 33162
Phnoe: 305-ds9.4493 / Four 90S-GSl-7f 52 / 8rs►ail �•ooas
REVIEWEb
Mawat&
� • a.,, r Z
YAY- , w 4., M�
1i EE BAOk.44, 't1:
aa,c air � -r •" �'
Date 6/22/15
Scale 1 "=80'
Job. No. 150928
Dw9. No, 1015-064-1
Sheet 2 of 3
EXHIBIT W
ATLANTIC OCEAN
AVtNUE STATE ROAD A -1—A
W� N a
z TRACT "N'•
as
IDLi
z
N1vMWjjtm
i Jai it DID
ar, f'
QUMFUNDL ING�Q�.�'•�.,'j,'�
BAY �'�1 �� A% TL
;: a M:
1
V.
n By pate
Drawg ,
_ MAP LOCATION SKETCH �22�1 s
Cad. No. 141287 �+ caJe NOT TO SCALE
Ret. Dwg. _ .0 DRTw, LEAVY, S KmEs, INC. Job. No. 150928
2014-026-NAVD _ _ i C014 ENGEREBRS, SURVEYORS & MAPPERS
MORMA.{'BLtTMCATJ3OFAUMORWATiONNUWMW 00003659 Dwg. No. 1015-064-1
_
ISO Northoaat 168th. Stroot / Narih Metal Beach. Florida. 33162
Plotted! 5/20/20 7.400 V Phone. 303.598-4493 / Ft�t 303-631-7732 / Smail t7s®t3rsus roy o® Sheet 3 ¢f 3
31
EXHIBIT T
LEGAL DESCRIPTION:
A City of North Miami Beach Water Easement across a portion of the South 200 feet of Tract "L", AMENDED
PLAT OF NORTH BISCAYNE BEACH, according to the Plat thereof, as recorded in Plot Book 44 at Pogo 42 of the
Public Records of Miami—Dade County, Florida, being more particularly described as follows:
Commence at the Southwest corner of said Tract "L", the following two (2) courses being along the West line of
said Tract 1", also being the East right of way line of Collins Avenue; 1) thence N 03'01'34" E for 21.66 feet
to the Point of Beginning of the hereinafter described City of North Miami Beach Water Easement; 2) thence
continue N 03'01'34" E for 15.09 feet to a point hereinafter referred to as Point "A"; thence N 86'53'32" E for
12.18 feet; thence S 03'06'23" E for 2.94 feet; thence N 86'53'43" E for 5.71 feet; thence S 03'05'23" E for
2.06 feet; thence S 8653'32" W for 19.49 feet to the Point of Beginning,
mo
Commence at said Point "A", the following two (2) courses being along the West line of said Tract "L", also
being the East right of way line of Collins Avenue; 1) thence N 0301'34" E for 142,68 fleet to the Paint of
Beginning of the hereinafter described City of North Miami Beach Water Easement; 2) thence continue
N 03'01'34" E for 21.73 feet; thence N 86'53'43" E along the North line of the South 200 feet of said Tract
"L" for 17.77 feet; thence S 03'06'23" E for 21.60 feet; thence S 86'53'43" W for 20.09 feet to the Point of
Beginning.
SURVEYOR'S NOTES:
— This site lies in Section 2, Township 52 South, Range 42 East, City of Sunny Isles Beach, Miami—Dade County,
Florida.
— Bearings hereon are referred to an assumed value of N 03'01'34" E for the East right of way line of
Collins Avenue.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2003-140-2.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on May 20; 2020, and
meets the applicable des as set forth in the Florida Administrative Code, pursuant to Section 472,027; -Florido
Statutes.
a=ft t
'Not valid wi t the slgnatuu 6 and original raised seal or a digital signature of the Florida Licensed ftmor aid MI*Wshown b a►i' ' , .
FO T(N, LEAVa/' fL=0 k 653RIB
VMWD
NMBW'ater ' �� w
:C r
9y. Daniel C. Fortin Jr, For The Firm
Surveyor and Mapper, LS6435
State of Florida. t . . • • • . •''' ,
Drawn ay MAP
Cad. No. 141287
• --
e . DW -043
2043-- 140-2 _
P14tted: 5/20/20 7;400
LEGAL DESCRIPTION, NOTES & CE'RT/FICATION .
FoRiTm. LEAVY, S Yrr.ES, INC.
CONSULTING ENGDaWRS, SURVEYORS 8t; MAPPERS
FLORIDA CMTIFIOATE OF Atrrr30xtza'nXW NMARM 00003683
Y Bo WardMest I6stb. 8- -- / Nor& Miami Banab. Roadie. 33162
Fbpae: 303-633-4�W3 / Fac 303-651-?is2 /Email t7�nveyeom
Date 5/20/20
Scale NOT TO SCALE
Job. No. 200387
Dwg. No, 1 D20-028
Sheet 1 of 3
32
EXHIBIT T
APPROVED COASTAL
CONSTRUCTION CONTROL UNE
PLAT BOOK 74 PAGE 25
RECORDED FEBRUARY 10, 1982
T R A C T '"L7'
AMENDED PLAT
NORTH BfGGAYNE BEACH
PLAT BOOK 44 PAGE 42 TURNBERRYOCEM CLUB PARCEL
FORTK LEAW. SIDLES, INC
DRAMNQ #9014017
fn�sr LINEfF TRACT "L"
SOUTH 213W OF
—NORTH LINE OF THE
SOUTH 2OO.OD' OF TRACT "L"
SOUTH LINE -
OF TRACT "L"
EAST RIGHT OF WAY LINE % 201.15'
OF COLLINS AVENUE POINT OF —/ POINT "A"
(STATE ROAD A-1-A)POINT OF
SECTION 67060 BEGINNING
BEC3INNING
AVENUE
STATE ROAD A --f A
GRAPHIC SCALE (Pueuc
RN3I 1T OF WA
p do Bo 120 (OCEAN mot; .WARb-8TATE ROA[11A0 .
(PLAT BOOK 44 PAME 42) c
^ '
( 1N FLET) REVIEWED '*
1 inch = BO it. I
NU BWater
Drawn By MAP SKETCH OF DESCRIPTION
:ad. Na.
141287
_ 1 Fowir N, DRAW, S KILES, THC.
Ret.
2003 Dwg. 1
-140--2 CONSULTING ENGINEERS, SURVEYORS 8t MAPPERS
PRAM JA CMTW=OL R OV ATJT80RMAIMON Z4UAU1111: OOOOX 33
i 180 Nasl9U"M 16819x. Suint / 1Josffi Miami Beach, Flodda. 33162
'JotteW_ 5/20/20 7:40. I phone: 3036653-4493 /Fax 305.651-71212 / Bmal1 f1s40nwurvW.0om
OF
S.W. CORNER OF TRACT
3 �N
t • id
a
OiIt
�N RUNE• Cf
S I2 tIJE ROA A- 10A)
Date
LINE TABLE
Scale
LINE
LENGTH
_BEARING
Lt
15.09
Ngj'_QI'34E
L2
12.18
N 6'53'3
L3
2.94 g03 "E
L4
5.71 N6 ' '4 "
L5
12.06
3'0 '' 2r
LB
19.49
r
L7
2i.7]
1' "
LB
17.17
NB 'S '43"E
L91
21.50
503,06,2.1"E
LIOI
20.09
'S '4 "W
fn�sr LINEfF TRACT "L"
SOUTH 213W OF
—NORTH LINE OF THE
SOUTH 2OO.OD' OF TRACT "L"
SOUTH LINE -
OF TRACT "L"
EAST RIGHT OF WAY LINE % 201.15'
OF COLLINS AVENUE POINT OF —/ POINT "A"
(STATE ROAD A-1-A)POINT OF
SECTION 67060 BEGINNING
BEC3INNING
AVENUE
STATE ROAD A --f A
GRAPHIC SCALE (Pueuc
RN3I 1T OF WA
p do Bo 120 (OCEAN mot; .WARb-8TATE ROA[11A0 .
(PLAT BOOK 44 PAME 42) c
^ '
( 1N FLET) REVIEWED '*
1 inch = BO it. I
NU BWater
Drawn By MAP SKETCH OF DESCRIPTION
:ad. Na.
141287
_ 1 Fowir N, DRAW, S KILES, THC.
Ret.
2003 Dwg. 1
-140--2 CONSULTING ENGINEERS, SURVEYORS 8t MAPPERS
PRAM JA CMTW=OL R OV ATJT80RMAIMON Z4UAU1111: OOOOX 33
i 180 Nasl9U"M 16819x. Suint / 1Josffi Miami Beach, Flodda. 33162
'JotteW_ 5/20/20 7:40. I phone: 3036653-4493 /Fax 305.651-71212 / Bmal1 f1s40nwurvW.0om
OF
S.W. CORNER OF TRACT
3 �N
t • id
a
OiIt
�N RUNE• Cf
S I2 tIJE ROA A- 10A)
Date
5/20/20
Scale
1 .,=60 ,
Job. No.
200387
DMg. No.
1020-028
Sheet 2 of 3
33
CITY OF
NORTH MIAMI BEACH
(NATER EASEMENT
OR SK 32527 FS 1 896
LAST PAGE
EXHIBIT V
ATLANTIC OCEAN
COLLINS AVENUE
I"
z
AMENDED PLAT
NDRTH BISCAYNE BEACH
PIAT BOOK 44 PAGE 42
TRACT "M"
STATE ROAD A—T—A
TRACT "N"
DUMFUNDLING
BAY
REVIEWED
NMBWater
04v- telaho
n s,: MAP LOCATION SKETCH
No, 141287
pWg ._ __ I FoRTjN, LEAVY, S KILES, INC.
2003=140-2 _ _ CONSULTING ENC M4Ej RS. SURVEYORS & MAPPERS
FLORIDA CEaTmCATB OF AtTl'LwRzz&Txm MiAdsm • 00003683
180 Nozdmm t 168th. &erect / Nesth MimmM Beach. Flosdda. 33162
d: 5/20/20 7:400 Phoma 305-653-4493 / Fax 305-651 7152 / $wail t wuffum .00tn
Date 5/20/20
Scale NOT TO SCALE
Job. No. 200387
Dwg- No. 1020-028
Sheet 3 of 3
34
C ,�• 4���y
�...
r�.
i ci i
'*an r. i
*-
t0
ro
n s,: MAP LOCATION SKETCH
No, 141287
pWg ._ __ I FoRTjN, LEAVY, S KILES, INC.
2003=140-2 _ _ CONSULTING ENC M4Ej RS. SURVEYORS & MAPPERS
FLORIDA CEaTmCATB OF AtTl'LwRzz&Txm MiAdsm • 00003683
180 Nozdmm t 168th. &erect / Nesth MimmM Beach. Flosdda. 33162
d: 5/20/20 7:400 Phoma 305-653-4493 / Fax 305-651 7152 / $wail t wuffum .00tn
Date 5/20/20
Scale NOT TO SCALE
Job. No. 200387
Dwg- No. 1020-028
Sheet 3 of 3
34
Work Request No. UNDERGROUND EASEMENT
Sec. Twp, Rged� Jr (BUSiNE$S
t "U81�l ay CF'N 210121110224542
Pamell.D.31-2202.003.0140 Ns:N,,7.
� OR 8K 32426 Pis 358? -358R S3P951
(WIrTadnadbyCaantyAppralaer) Co• RECORDED 04/01/2021 15,55147
Add009A` DEED DOC TAX $0.60
SURTAX $0.45
HARVEY RUVINv CLERK OF COURT
The unders(gned, in conslderaYwn of the payment of 51.00 and other good HIANI-DADE COUNTYP FLORIDA
and valuable conelderation, the adequacy and recelp! of whbh is hereby
acknowledged, grgnt and give b Florida Paver � W ht Company, fts affillatss,
Ilcensees, agents, sucoessore, end assigns ,'�FPt.'�, anon -exclusive
easement forever for the construction, operation and maintenance of
underground eieciric udlily faollitiea (tnatuding aabtea, conduits, appurtenant
equipment, and appurtenant above -ground equipment) to be installed from
time to time; with the right to reoons#nlct, Improve, add 1p, enlarge, change the
voltage as well as the eke of and remove such faalAGes or any of them vim Ina
an easement descrlbed as th Iowa: ,
See Exhibit "fl"Easement ArW) #43
To�ggeether with the right to permit FPL to attach or place wires to or vAthin any facilities hereunder and fay cable and conduit
TW
h Ir the Easement"Area and to operate the same for FPL's oommun' mons purposes in connection with leotfla service; the
tght of ingrasa and egress to the Easement Area at all times; the y99ht to clear the (and and keep It o�sared of all pies,
,ndergrow7h and other obslruCllone within the Easement Wee; mIe fit to frim and and keep trimmed and cut all deed,
yank,leaning or dangerous trees or Ilmbs outside of the r:asament Jirea, which miginterfsre wish or fall upon the Imes or
systems of cammunkamons or power transmision or dlaUibution; and further ta, to the fullest extent the undersigned hae
te
mets
high9wsys ad oiningthoQr throhu�h said Esnt A a�n fhe Easement Area, aver, atang, under and aorass t�ia rands,
iN WITNESS WHEREOF, the undersigned has signed and sealed this Instrument on 10 ' & , 2t
Signed, sealed and delivered In the presence of: Beach Club Aquisition, LLC
PrintName: QACc1 c7•aciy-
"" ii.•�ens� na u
Print Name: ` ►vt' 1� _ �_ ice_
tWknsas)
x_42 !'�'��
Print Name: 6.1 alss
Print Address: 185016111w Avenue
Sunny isles Mich, FL 33160
STATE OF Wein A�NnD �Ca`UNTY OF M It: M11 `0 L . The foregoing Instrument was a*XWdedged
before me this day of IM4 by� the
of who is
personally known to me or has p oedti Ion, a o d not) take an oath,
trype of IdenUAcallon)
wCommIlwonewrls: %0jjj?:L-
Pmt 1, 10
�,. " YESENtAJ.RODRIGUEZ
IUY COMMISSION ll tiG M19
y rr EXPIRES: o C9w 7, 21022
Slpttlld TIVU holey Pubk tWorM ftM
Book32426/Page3587 CFN#20210224542
Page 1 of 3
35
DESCRIPTION:
A PORTION OF THE SOUTH 200.00 FEET OF TRACT "L", AS SHOWN ON THE AMENDED PLAT OF NORTH
BISCAYNE BEACH, AS RECORDED IN PLAT BOOK 44, PAGE 42, PUBLIC RECORDS OF MIAhff.DADE COUNTY,
FLORIDA, AND BEING A PORTION OF SECTION 2, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF SUNNY
ISLES BEACH, MIAMI DADE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF OF TRACT "L", AS SHOWN ON THE AMENDED PLAT OF
NORTH BISCAYNE BEACH, AS RECORDED IN PLAT BOOK 44, PAGE 42, PUBLIC RECORDS OF M[AMI DADE
COUNTY, FLORIDA; THENCE N.03000'27"E., ALONG THE EAST RIGHT-OF-WAY LINE OF STATE ROAD A -1-A,
AS SHOWN ON SAID AMENDED PLAT OF NORTH BISCAYNE BEACH, A DISTANCE OF 166.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE, N -0300027"E., ALONG SAID FAST RIGHT-OF-WAY LINE, A
DISTANCE OF 11.00 FEET; THENCE S.86°59'33 "E., A DISTANCE OF 12.00 FEET; THENCE S.03000`2711W., ALONG A
LINE EAST OF AND PARALLEL WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 11.00 FEET; THENCE
N.86059'33"W., A DISTANCE OF 12.00 FEET TO A POINT ON SAID EAST RIGHT -ON -WAY LINE AND TO THE
POINT OF BEGINNING.
CONTAINING: 132 SQUARE FEET OR 0.003 ACRES, MORE OR LESS,
LEGEND
P.B. ----- Plat Book S.R. ----- State Road
P.Q.C. ----- Point of Commencement ----• Right--of—Woy
P.O.B. ----- Point of Beginning U.E. - Utility Easement
Pg- ----- Page FP&I- ----- Florida Power and Light
M.Q.C.R. ----- Miami—Dade County Records
Book32426/Page3588
FP & L EASEMENT #43
SKETCH AND DESCRIPTION
Pnpamd For: ROHL NETWORKS
lb, M Udo
mob UW" Was
CFN#20210224542
WN
=A-'
GeoPoinnt
Surveying, Inc.
M blue tttroa blvd. Ptmnj rs6 n 44.t.172n
Page 2 of 3
36
186 TH STREET
a
BIC 32426 PG 35$9
T PAGE
TRACT "H"
L
r
,EAST RIGHT-OF-WAYUNE
/ OP ST TE RO D A
� A A -4
N.3'OD'27'%596'59'33Air
11.00' 12.00'
53'00 27"W
P.O.B. 11.44'
$ \N86'S9'33'W
12.04'
7
185 TH STREET
-P.O C.- SOUTHWEST
CORNER OF PARCEL "L"
(P.B. 44, PG. 42)
r
FR & L EASEMENT x`43
SKETCH AND DESCRIPTION
Book32426/Page3589 CFN#20210224542
TRACT "M"
°me
w
Ju
w
Hod
Rple�
W. Blue Heron Blvd. Phone:
105 www.0
Page 3 of 3
37
Beach Club Acquisition, LLC
19950 West Country Club Drive, 10th Floor
Aventura, Florida 33180
Exhibit C
Revised Landscaping Plan
(See Attached)
38
d . W�.�.Yr+�•
�i
a�yq�y ynq �
9MJ NY3�0
rinr'iNlSarl.19 fl'2-16nlfdl .�101tl
trtrr 1i'Wvp�
�I•
o t G n- it
A21a38N?Jfll
�.�:reaoa
• 1 Y d . :
�'." f
saxxrsa cl.resnner
n
rr 4
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'4 O
it
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39
�I•
' ,
n
rr 4
1
rillI�
tc�t
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39
yF -DD�k 0 �� SSP
C'TY OF SUN PNO
CITY OF SUNNY ISLES BEACH
STAFF REPORT
AUGUST 15, 2024
Turnberry Ocean Club
Variance and Site Plan Modification
I. APPLICATION SUMMARY
Application Number: PZ2024-03
Application Summary: The Applicant is requesting a variance and accompanying Site
Plan Modification to reduce the required number of street trees
on Collins Avenue from seven (7) to five (5) for the Turnberry
Ocean Club development project. Construction of the project is
complete and the Applicant is seeking a final Certificate of
Occupancy (CO) for the project.
Applicant/Owner: Beach Club Acquisitions, LLC
19950 West Country Club Drive, 10th Floor
Aventura, FL 33180
Page 1 of 8 40
August 15, 2024
PZ2024-03
II. SITE INFORMATION
Location: 18501 Collins Avenue
Land Area: 2.29 acres (99,880 sq. ft.)
Folio: 31-2202-003-0190
Site Description: The property is a rectangular lot located on the east side of Collins
Avenue. The Turnberry Ocean Club development project was
approved by the City Commission on July 31, 2014, via
Resolution 14-Z-143, as a 52 -story residential condominium
tower with 154 dwelling units. Construction began in 2016 and the
Applicant is seeking a final Certificate of Occupancy (CO).
Legal Description: THE SOUTH 200 FEET OF TRACT "L", "AMENDED PLAT
NORTH BISCAYNE BEACH" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 42, AND
THAT PARCEL OF LAND LYING EASTERLY OF AND
BOUNDED ON THE WEST BY THE EAST LINE OF SAID
SOUTH 200 FEET OF Tract "L", AND BOUNDED ON THE
NORTH BY THE EASTERLY PROLONGATION OF THE
NORTH LINE OF SAID SOUTH 200 FEET OF TRACT "L", AND
BOUNDED ON THE SOUTH BY THE EASTERLY
PROLONGATION OF THE SOUTH LINE OF SAID SOUTH 200
FEET OF TRACT "L", AND BOUNDED ON THE EAST BY THE
EROSION CONTROL LINE OF THE ATLANTIC OCEAN,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 134 AT PAGE 47 Of THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE S.W. CORNER OF SAID TRACT "L", OF
"AMENDED PLAT NORTH BISCAYNE BEACH" ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44,
PAGE 42, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; THENCE NORTH 03°00'09" EAST,
ALONG THE WESTERLY LINE OF SAID TRACT "L", FOR
201.17 FEET TO A POINT ON THE NORTH LINE, OF THE
SOUTH 200 FEET OF SAID TRACT "'L"', THENCE NORTH
86°54'29" EAST, ALONG THE PREVIOUSLY DESCRIBED
LINE, FOR 490.29 FEET TO A POINT ON THE EROSION
CONTROL LINE AS SHOWN ON "EROSION CONTROL LINE",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 134, PAGE 47, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02°08'23"
EAST, ALONG THE PREVIOUSLY DESCRIBED LINE, FOR
Page 2 of 8
41
August 15, 2024
PZ2024-03
200.07 FEET TO THE SOUTHERLY LINE OF SAID TRACT "L";
THENCE SOUTH 86054'29" WEST, ALONG THE SOUTH LINE
OF SAID TRACT "L", FOR 508.31 FEET TO THE POINT OF
BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN
THE CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY,
FLORIDA.
Future 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 District: 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.
Adjacent Properties:
Page 3 of 8
42
Existing Use
Zoning
Future Land Use Ma
North
High Density Residential
Porsche Design Tower
MU -R
Mixed Use -High Density Resort
East
Water — Atlantic Ocean
N/A
Water
South
High Density Residential
(Bentley Residences, under
construction
MU -R
Mixed Use -High Density Resort
West
Retail (Navarro)
B-1
I Neighborhood Business
Page 3 of 8
42
August 15, 2024
PZ2024-03
III. REQUESTS
Pursuant to Section §265-15 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a variance from the Landscaping
Requirements of Section §265-71 to reduce the required number of street trees on
Collins Avenue from seven (7) to five (5).
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 revise its
landscaping plans to reduce the number of street trees required on Collins Avenue
from seven (7) to five (5).
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "Boundary & Topographic Survey Turnberry Ocean Club", prepared by Fortin,
Leavy, Skiles, Inc., stamped received May 9, 2024, consisting of one (1) sheet and sheet
L6.00, prepare by EDSA, Inc., stamped received May 31, 2024. Plans are subject to
revisions based on comments provided by zoning staff of the City of Sunny Isles Beach.
Plans are subject to modification.
IV. ZONING REVIEW
The Applicant requests a variance from the Landscaping Requirements of §265-71, which
states one street tree is required for each 30 linear feet, or portion thereof, of street
frontage. The subject site has 201.15' of street frontage and therefore seven (7) street
trees are required. The Applicant requests a variance to allow five (5) medjool date palms,
instead of the required seven (7), primarily due to the location of the underground water
utilities easements and the location of a Florida Power & Light easement, which makes
the placement of two (2) additional trees unfeasible. The following are the standards of
review for variance applications from code Sec. §265-15.G.:
A variance shall be granted only where competent and substantial evidence presented in
the particular case shows that all of the following are met:
(1) Special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures or buildings in the same zoning district;
(2) The special conditions and circumstances do not result from the actions of the
petitioner,
(3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms
of this chapter and works unnecessary and undue hardship on the applicant;
(4) The alleged hardship is not economic and has not been deliberately created to
establish a use or structure, which is not otherwise consistent with the LDRs.
Page 4 of 8
43
August 15, 2024
PZ2024-03
(5) Granting of the variance requested conveys the same treatment to the individual
owner as to the owner of other lands, buildings or structures in the same zoning
district,
(6) The variance, if granted, is the minimum variance that makes possible the
reasonable use of the land, building or structure; and
(7) The grant of the variance is in harmony with the general intent and purpose of
these LDRs, is not injurious to the neighborhood, or otherwise detrimental to the
public safety and welfare and will not substantially diminish or impair property
values within the vicinity.
Attached is the Letter of Intent from the Applicant, providing their justification for the
requested variance and staff's final analysis can be found in the following section.
The Applicant is requesting an accompanying Site Plan Modification to reflect five (5)
medjool date palm street trees installed along Collins Avenue. The site plan approved in
2014 depicted two additional medjool date palm trees at the northwest corner of the
property. The requested Site Plan Modification would eliminate the two (2) additional
trees. The five (5) street trees installed on site can be seen in this site photograph:
Page 5 of 8
44
August 15, 2024
PZ2024-03
V. FINAL ANALYSIS
The requested variance to reduce the required amount of street trees is not consistent
with the Land Development Regulations; however, the City's Landscape Architect
completed a review of the proposed tree planting plan that is superimposed on the
underground utility plan and has determined that additional street trees cannot be
accommodated along Collins Avenue. This is due to lack of coordination between the plan
sets and something that will be paid special attention to for future development projects.
A memo from the Landscape Architect is attached.
Staff has compiled the relevant facts of the requested site plan modification and proposed
terms of the payment agreement and recommends the application be presented to City
Commission for consideration.
VI. CONDITIONS
If the City approves this application, the application will be subject to the following
conditions:
That the plans shall be substantially in accordance with that submitted for public
hearing, which are entitled "Boundary & Topographic Survey Turnberry Ocean Club",
prepared by Fortin, Leavy, Skiles, Inc., stamped received May 9, 2024, consisting of
one (1) sheet and sheet L6.00, prepare by EDSA, Inc., stamped received May 31,
2024.Plans are subject to revisions -based comments provided by zoning staff of the
City of Sunny Isles Beach. Plans are subject to modification.
2. 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.
3. All conditions set forth in City Resolution No. 14-Z-143 approved and adopted on July
31, 2014 shall remain in effect, unless modified by this application.
4. That 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.
5. 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.
Page 6 of 8
45
VII. MAP REFERENCES
Zoning Map
August 15, 2024
PZ2024-03
Page 7 of 8
46
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9 t IN
JS4
PUBLIC HEARING APPLICATION
SUNNY
O d�
a '
Hearing # 2t 14 —0
Date Received
f
Folio Number 31-2202-003-0190
yF 9�»
FLo�y\ ti¢
C, rYOF SUN n�0
Proposed Project Name: Turnberry Ocean Club
2. Name of Applicant Beach Club Acquisition, 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.
3. Applicant Mailing Address 19950 West Country Club Drive, 10th Floor
City Aventura State Florida Zip 33180
Tel. # (during working hours) 305-937-6262 e-mail dadkiiis@fbdev.com
4. Name of Property Owner Beach Club Acquisition, LLC
Mailing Address 19950 West Country Club Drive, 10th Floor
City Aventura State Florida Zip 33180
Tel. # (during working hours) 305-937-6262 e-mail dadkinsAfbdev.com
5. Contact Person_ _Dan Adkins
Mailing Address 19950 West Country Club Drive, 10th Floor
City Aventura State FL Zip 33180
Tel. # (during working hours) 954-924-3123 e-mail dadkins@fbdev.com
6. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION
1-1,1�1 E C E i V E ED
c. if
M AY 9 2024
d. at
PLANNING & ZONING DEE
City of Sunny Isleseach, FL_
1vided, provide lot, block, complete name of subdivision, plat book and
number.
;s and bounds description, provide complete legal description (including
on, township and range).
rate request apply to different areas, provide the legal description of each
covered by a separate request.
a separate, typed sheet if necessary. Verify the legal description is
attached
7. Address or location of subject property: 18501 Collins Ave, Sunny Isles Beach.
Florida 33160'
8. Size of property: 201.17 ft. x 200.07 ft. acres 2.29
City of Sunny Isles Beach
Public Hearing Application Package
Page 4 of 30
48
Date subject property acquired M or leased ❑ 6th day of March 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.
11. Is there an option to purchase Dor lease ❑ the subject property or property contiguous
thereto?
❑ Yes or IN No
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
❑ Transfer Development Rights
❑ Vested Rights
❑ Appeals
N Other: Site Plan Modification
14. Has a public hearing been held on this property within the last year and a half? ❑ yes NI no
If yes, applicants
Date of hearing
Nature of heari
Decision of
Resolution #
City of Sunny Isles Beach Public Hearing Application Package Page 5 of 30
49
15. Is this hearing being requested as a result of violation notice? ❑ yes N no
If yes, give name to which violation notice was served
Nature of
16. Are there any existing structures on the property? N yes ❑ no
If yes, briefly describe Turnberry Ocean Club Condominium
17. Is there any existing use on the property? X yes ❑ no
If yes, what is the use and when was it established?
Use Residential Development - 35 -Multi -Family, High Density (Over 25 DU/Gross Acre)_
Established June 2020
City of Sunny Isles Beach Public Hearing Application Package Page 6 of 30
50
RECEIVED
OWNERSHIP AFFIDAVIT I
FOR LIMITED. LIABILITY COMPANY MAY -1 2024
STATE OF FLORIDA Public Hearing No. r
covrlTYOF MIAMI -DADS PLANNING & ZONING DEPT.
Before me, the undersigned authority, personally appeared Sheryl Kass City of Sunny Isie Beach, FL
hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says:
1. Affiant is the Authorized Signatory of Beach Club Acquisition, LLC
a Delaware Limited Liability Company with the following
address:
19950 West Country Club Drive, 10th Floor, Aventura, FL 33180
2. The Limited Liability Compan owns r lease (circle one) the property, which is the
subject of the proposed hearing.
3. The subject property is legally described as:
See attached survey.
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:
�r
Signaiu e
l�dtils 1vv a rret-0
�nt Nx3��v
p
Signature
/lobe Fm r
Print Name
'ALJ&��
Adan Signature
ndly" l V-6i]:ss
Tint Name
Sworn to and subscribed before me on the day of Navel 20 a�
Affiant is personally known to me or has produced as
Identification.
No ry (Stamp/Seal)
Commission Expires: MVOPT
=taryle of Florida
AM ar5
City of Sunny Isles Beach Public Hearing Application Package Page 10 of 30
51
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, further 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
Percentage 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).
Beach Club Acquisition, LLC
LLC Name
Name, Address and Office
Jeffrey Soffer, Member and Manager
Simon Reuben, Member
David Reuben, Member
19950 West Country Chub Drive, 10th Floor
Aventura, FL 33180
City of Sunny Isles Beach
Percentage of Stock
—33.4%
33.3%
33.3%
R
G:+A1 »:q�:.1
E C;� F D
MAY ',024
City of Sunny fsl6,s Beach, C=L
Public Hearing Application Package
Page 14 of 30
52
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 hearing, a supplemental disclosure of interest shall
be filed.
The above is a full disclosure of all parties of interest in the application to the best of my knowledge
and belief.
Signature: ZAut,
d /� —
Sheryl Ka s, Authorized Signatory
(Applicant) Beach Club Acquisition, LLC
Sworn to and subscribed before me,
This day of t4Lu 20 ag
Notary a blic, State of Florida at Lar Notary Public State of Florida
Large Blana J Cesar
1111
My4Ho1c80754fon
Exp- 9/3012025
My Commission Expires: spas
* 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 30
53
Beach Club Acquisition, LLC
19950 West Country Club Drive, 10th Floor
Aventura, Florida 33180
Modification of Turnberry Ocean Club Site Plan Approval - Letter of Intent
May 8, 2024
City of Sunny Isles Beach Building Department
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Attn: Amy Canales
Re: Modification of Turnberry Ocean Club Site Plan Approval - Removal of Condition V.B.
21 of Resolution 14-Z-143
City of Sunny Isles Beach Application Number: PZ2014-08
Folio: 31-2202-003-0190
This letter serves as notice of Beach Club Acquisition, LLC's ("Applicant") intent to submit an application
for a modification to the site plan approval for the above referenced project. This application is being
submitted solely to request the removal and cancellation of the condition to underground utility lines
referenced in Section V.13.21 of Resolution Zoning 14-Z-143 ("Undergrounding Work"). It is Applicant's
understanding that the City of Sunny Isles Beach has engaged Florida Power and Light to perform a larger
project to underground utility lines ("FP&L Project") involving multiple properties, and that the scope of
work for the FP&L Project includes the Undergrounding Work. Accordingly, Applicant proposes the
removal and cancellation of the condition to underground utility lines referenced in Section V.13.21 of
Resolution Zoning 14-Z-143 since FP&L will be performing the Undergrounding Work.
Best Regards,
Beach Club Acquisition, LLC
By:
A
, Zits—Authorized Signatory
E V
. C
MAY W4
4
PLANNING & 70NING t:)�
City of Sunny Islets Eieach, I-
54
City of Sunny Isles Beach Receipt Number: RCPT2024-3077
Planning and Zoning Division 18070 Collins Avenue, 3rd Floor, Sunny Isles Beach, FL 33160
tr '04 nc
Receipt Date: 05/0912024
Cashier: Ran Lee
Payer/Payee: BEACH CLUB ACQUISITION,
LLC
19950 W COUNTRY CLUB DR
10TH FL
AVENTUF3A L 33180
.4 I VOW.
PZ2,024-03
NHE'
Application Fee for Planning and Zoning
�. 1 �; 0. M;
DR ti: T -H rtt.d.t-
$500.00 $500.00
18501 COLLINS AVE
$0.00
SUNIN!Y ISLES BEACH
Site Plan Modification - Application
$2,000.00 $2,000.00 $0.00
MODIFICATION OF
Site Plan Modification - Fee
$7,500.00 $7,500.00 $0.00
TURNBERRY OCEAN
CLUB SITE PLAN
APPROVAL
3122020030190
Total: $10,000.00
!;Ii!Rif
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CHECK 2838 $10,000.00 $10,000.00
Total: $10,000.00
11100000283811" 1:2Pm?081o&3fie. 5L283932211i
Page I of 1
55
MILLEO�LEGG
Date: 06/06/24
i :i
To: Amy Canales, Planning & Zoning Administrator - City of Sunny Isles
Beach
From: Michael Bradley, RLA
CC: Ran Lee & Brian Shore, RLA,
Project: Turnberry Ocean Club, 18501 Collins Ave
Re: Site Plan Review: PZ2024-03 Turnberry Ocean Club Variance & Site Plan
Modification
The review of the Landscape Plans dated 05/23/24, and received on 06/04/24, prepared
by EDSA, for the above referenced Project has been completed and the following
comments are offered:
• The Landscape plan proposes five (5) Date Palms to be utilized as street trees.
Per City of Sunny Isles Beach Zoning Code seven (7) trees are required.
Upon review of the location of five installed date palms, FPL and Water Main
easements, and the location of overhead powerlines, the placement of additional
street trees is not feasible.
IMPROVING COMMUNITIES. CREATING ENVIRONMENTS.
South Florida Office: 13680 NW 5th Street • Sunrise, Florida • 33325-6234
(954) 436-7000 • Fax: (954) 493-6539
EOE / DFW www.millerlegg.com 56
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u CITY OF SUNNY ISLES BEACH
NOTICE OF ZONING HEARING
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, AUGUST 15, 2024 AT 6:30 P.M., to consider the following Zoning
application:
Public Hearing #: PZ2024-03
Application:
Turnberry Ocean Club Variance and Site Plan Modification
Applicant:
Beach Club Acquisition, LLC
Property Location:
18501 Collins Avenue, Sunny Isles Beach, FL 33160
Size of Property:
2.29 acres (99,880 sq. ft.)
Zoning District:
MU -R (Mixed Use - Resort)
Summary: The Turnberry Ocean Club development project was approved by the City Commission in 2014 and construction
of the project is complete. The request of this application is to reduce the number of required street trees from seven (7) to
five (5) along Collins Avenue.
Requests:
1. Pursuant to Section §265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is
requesting a variance from the Landscaping Requirements of Section §265-71 to reduce the required number of
street trees on Collins Avenue from seven (7) to five (5).
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 revise the landscaping plans to reduce the number of street trees on Collins
Avenue from seven (7) to five (5).
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Boundary & Topographic
Survey Turnberry Ocean Club", prepared by Fortin, Leavy, Skiles, Inc., stamped received May 9, 2024, consisting of one (1)
sheet and sheet L6.00, prepare by EDSA, Inc., stamped received May 31, 2024. 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: THE SOUTH 200 FEET OF TRACT "L", "AMENDED PLAT NORTH BISCAYNE BEACH"
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 42, AND THAT PARCEL OF
LAND LYING EASTERLY OF AND BOUNDED ON THE WEST BY THE EAST LINE OF SAID SOUTH 200 FEET OF
Tract "L", AND BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTH LINE OF
SAID SOUTH 200 FEET OF TRACT "L", AND BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION
OF THE SOUTH LINE OF SAID SOUTH 200 FEET OF TRACT "L", AND BOUNDED ON THE EAST BY THE
EROSION CONTROL LINE OF THE ATLANTIC OCEAN, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 134 AT PAGE 47 Of THE PUBLIC RECORDS OF MIAMI -DADS COUNTY, FLORIDA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE S.W. CORNER OF SAID TRACT "L", OF "AMENDED PLAT NORTH BISCAYNE BEACH"
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 42, OF THE PUBLIC
RECORDS OF MIAMI -DADS COUNTY, FLORIDA; THENCE NORTH 03°00'09" EAST, ALONG THE WESTERLY
LINE OF SAID TRACT "L", FOR 201.17 FEET TO A POINT ON THE NORTH LINE, OF THE SOUTH 200
FEET OF SAID TRACT "'L"', THENCE NORTH 86°54'29" EAST, ALONG THE PREVIOUSLY DESCRIBED LINE,
FOR 490.29 FEET TO A POINT ON THE EROSION CONTROL LINE AS SHOWN ON "EROSION CONTROL LINE",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 134, PAGE 47, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02°08'23" EAST, ALONG THE PREVIOUSLY
DESCRIBED LINE, FOR 200.07 FEET TO THE SOUTHERLY LINE OF SAID TRACT "L"; THENCE SOUTH
86054'29" WEST, ALONG THE SOUTH LINE OF SAID TRACT "L", FOR 508.31 FEET TO THE POINT OF
BEGINNING.
59
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF SUNNY ISLES BEACH, MIAMI -DADS COUNTY,
FLORIDA.
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.
60
R t F 6'O iti\ y4.
CfTp 4F 5'J �+ )"W
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: August 15, 2024
RE: Variance and Site Plan Modification for Turnberry Ocean Club, located at
18501 Collins Avenue
RECOMMENDATION:
Staff has compiled the relevant facts, presented in the attached staff report, and recommends the
application be presented to City Commission for consideration.
REASONS:
The Applicant, owner of the property, is requesting a variance and accompanying Site Plan Modification
to the Turnberry Ocean Club development project to reduce the required number of street trees on
Collins Avenue from seven (7) to five (S). The Turnberry Ocean Club project began construction in 2016
and the Applicant is seeking a final Certificate of Occupancy (CO).
ATTACHMENTS:
Applicant Letter of Intent
Staff Report
Application Packet
Landscape Architect Memo
Proposed Landscape Plan
Property Survey
Public Notice
Item Number: 6.A
15