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HomeMy WebLinkAboutZoning Resolution 25-Z-212RESOLUTION NO. 25-Z- 2 I Z A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN APPLICATION (PZ2025-01) SUBMITTED BY LA PLAYA BEACH ASSOCIATES, LLC, FOR A TEMPORARY SALES CENTER CONSISTING OF A ONE STORY BUILDING WITH 6,014 SQUARE FEET OF FLOOR AREA RATIO (FAR); PROVIDING THE CITY MANAGER WITH THE AUTHORITYTO DO ALLTHINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, La Playa Beach Associates, LLC (the "Applicant") submitted a site plan application (PZ2025-01) ("Application"), to the City of Sunny Isles Beach, Florida ("City"), requesting the following: 1. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for a one-story temporary sales center with 6,014 square feet of floor area. 2. Pursuant to Section §265-57 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the use of murals and graphics on a temporary construction fence. LEGAL: LOT 5, BLOCK 1, GOLDEN SHORES OCEAN BOULEVARD ESTATES — SECTION D, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 53, PAGE 48, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ADDRESS: 18590 Collins Avenue, Sunny Isles Beach FOLIO: 31-2202-006-0050 WHEREAS, on January 16, 2025, the City Commission conducted a public hearing on the 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 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, the City Commission reviewed the Application, 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 site plan approval is in compliance with the City's Land Development Regulations and the Comprehensive Plan, and maintains the basic intent and ZR25 - St. Regis Sales Center Site Plan Approval Page 1 of 5 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 variance application should be granted, subject to the conditions described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Findings and Conclusions. Based upon an analysis of the Application and the standards for approval of a site plan under the City's Land Development Regulations, and the Comprehensive Plan of the City, the City Commission hereby finds and concludes, that the Application is in compliance with the City's Land Development Regulations and the Comprehensive Plan of the City, and there is substantial competent evidence to support approval of the Application. Section 3. Approval. A. The Applicant's request for a one-story temporary sales center with 6,014 square feet of floor area, is hereby approved, subject to all conditions set forth in Section 4, below. B. The Applicant's request for the use of murals and graphic designs on a temporary construction fence, is hereby approved, subject to all conditions set forth in Section 4, below. Section 4. Conditions. A. Conditions to be completed before demolition, below grade or building permits are is -marl 1. That the plans be substantially in accordance with that submitted for public hearing, which are entitled "Temporary Structure for the St. Regis Sales Center", prepared by Design + Architecture Consultants, stamped received December 20, 2024, consisting of nine (9) sheets; survey prepared by Fortin, Leavy, Skiles, I., stamped received December 20, 2024, consisting of one (1) sheet; landscape plans entitled, "Temporary Structure for the St. Regis Sales Center," prepared by EDSA, Inc., stamped received January 7, 2025, consisting of thirteen (13) sheets; irrigation plans entitled, "Temporary Structure for the St. Regis Sales Center," prepared by EDSA, Inc., stamped received January 7, 2025, consisting of four (4) sheets. Plans are subject to revisions -based comments provided by 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 ZR25 - St. Regis Sales Center Site Plan Approval Page 2 of 5 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. That the Applicant complies with all conditions and permit requirements, including but not limited to, Miami -Dade County DERM, Florida Department of Transportation (FDOT), the Miami -Dade County Fire Department (MDFD), Water and Sewer Departments, etc. 4. That the Applicant shall submit an updated Demolition and Construction Staging and Traffic Management Plan, before commencing any construction activity. The staging plan shall provide a schedule of activities such as, parking arrangements, land closures, sidewalk closures, any other required activity that may provoke an impact at the surrounding areas. The staging plan shall include arrangements to mitigate against construction trucks idling, driving through, or parking in the Golden Shores neighborhood. The parking arrangements set forth in the staging plan shall provide that construction personnel shall not park their private vehicles nor walk through the Golden Shores neighborhood to access the project. The staging plan should be approved administratively bythe City Manager or designee. 5. That the Applicant shall address comments provided by the City's Landscape Architect Consultant, Miller Legg, regarding landscape issues per the memo dated December 19, 2024. All comments are to be addressed prior to issuance of building permit. 6. If approved, the Applicant must submit a separate building permit prior to installation of murals or graphics on temporary construction fencing to be approved administratively by the City Manager or designee. 7. 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. 8. Evidence of an off-site parking arrangement must be submitted for review that reserves 10 parking spaces for the use of the sales center. 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. ZR25 - St. Regis Sales Center Site Plan Approval Page 3 of 5 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. 4. The trees that are planted on the property and irrigation that is installed shall be donated to the City once the use of the sales center ceases. NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND PROFESSIONAL FEES (AS PER SECTION 267-4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS, OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH HEREINABOVE HAVE BEEN TRANSFERRED. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. 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. CITY OF SUN,,NY ISLES BEACH, FLORIDA By its City q1I)missi n Larisa Svechin, Mayor ZR25 - St. Regis Sales Center Site Plan Approval Page 4 of 5 r City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A44in E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: Secondedby j'/'z/ Vote: ZR25 - St. Regis Sales Center Site Plan Approval Page 5 of 5 Mayor Svechin Vice Mayor Lama S (Yes) (No) (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) ZR25 - St. Regis Sales Center Site Plan Approval Page 5 of 5 C'TY OF SUN PaO CITY OF SUNNY ISLES BEACH STAFF REPORT JANUARY 16, 2025 St. Regis Temporary Sales Gallery Application for Conditional Use, Variances, Site Plan Approval I. PROJECT SUMMARY Application Number: PZ2025-01 Application Summary: The request of this application is to allow construction of a one-story temporary sales center that will be used for marketing and events to promote and sell units for the approved St. Regis Residences development project, which is located at 18801 Collins Avenue. The application requires conditional use approval for an off-site sales center, setback variances, a sign variance, a parking reduction variance, and site plan approval. The Applicant also requests the use of graphics on a temporary construction fence. Page 1 of 13 43 January 16, 2025 PZ2025-01 Applicant/Owner: La Playa Beach Associates, LLC 1300 Brickell Avenue Miami, FL 33131 Attn: Ron L. Choron II. SITE INFORMATION Location: 18590 Collins Avenue Land Area: 16,970 sq. ft. (0.39 acres) Folio: 31-2202-006-0050 Legal Descriptions: Lot 5, Block 1, GOLDEN SHORES OCEAN BOULEVARD ESTATES — SECTION D, according to the Plat thereof, as recorded in Plat Book 53, Page 48, of the Public Records of Miami -Dade County, Florida. Future Land Use: Neighborhood - Business This commercial land use category is intended to accommodate retail, business and service uses that serve primarily convenience shopping and personal service needs of surrounding neighborhoods and visitor accommodations. Offices, hotels and professional and business services, community and recreation facilities are permitted. Zoning District: Neighborhood Business (B-1) The purpose of this district is to provide locations for convenience shopping facilities that are neighborhood - oriented. Typical uses to be found in the Neighborhood Business District include a food supermarket, drugstore, personal service establishments, small specialty shops, and a limited number of small professional offices. Site Description: The site is a rectangular corner lot with frontage on Collins Avenue to the east and 186 Street to the north. The property operated as a gas station until 2007, when it was demolished. In 2016, the City acquired the property and has used it as a construction staging area to support the undergrounding project since that time. On May 16, 2024, the City Commission approved Ordinance 2024-612, allowing a lease agreement with La Playa Associates, LLC, the developers of the St. Regis Residences project, to repurpose the property as a sales center. Page 2 of 13 44 January 16, 2025 PZ2025-01 Adjacent Properties: III. REQUEST 1. Pursuant to Sections §265-13 and §265-14 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval of a conditional use for an off-site temporary sales center. 2. Pursuant to Section §265-36 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to reduce the front setback from 40' to 54.5". 3. Pursuant to Section §265-36 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to reduce the north and south side setbacks from 10' to 6'. 4. Pursuant to Section §265-46 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to reduce the required off-street parking from 20 spaces to 10 spaces. 5. Sign ordinance variance per Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations to increase the allowable size of wall signs from 35 square feet to 58 square feet on the eastern elevation and to 43 square feet on the northern elevation, per Section §265-56(B)(3). 6. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for a one-story temporary sales center with 6,014 square feet of floor area. 7. Pursuant to Section §265-57 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the use of murals and graphics on a temporary construction fence. IV. CONDITIONAL AND TEMPORARY USE REVIEW The Temporary Use Code Section §265-14.B. states that a temporary sales center which is located off-site from the development project that it is supporting must be treated as a conditional use and therefore requires review and approval by the City Commission. The following analysis compares the proposed temporary sales center use against the Conditional Use review criteria of Code Section §265-13.(C): Page 3 of 13 45 Existing Land Use Zoning Future Land Use Ma North One story office building B-1 Neighborhood - Business Dayton Medical Center East High-rise residential MU -R Mixed Use -High Density Resort Porsche Design Tower South Retail (Navarrro) B-1 Neighborhood - Business Duplex R-TH Low to Medium Density Residential West The Spot CF Community Facilities III. REQUEST 1. Pursuant to Sections §265-13 and §265-14 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval of a conditional use for an off-site temporary sales center. 2. Pursuant to Section §265-36 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to reduce the front setback from 40' to 54.5". 3. Pursuant to Section §265-36 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to reduce the north and south side setbacks from 10' to 6'. 4. Pursuant to Section §265-46 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to reduce the required off-street parking from 20 spaces to 10 spaces. 5. Sign ordinance variance per Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations to increase the allowable size of wall signs from 35 square feet to 58 square feet on the eastern elevation and to 43 square feet on the northern elevation, per Section §265-56(B)(3). 6. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for a one-story temporary sales center with 6,014 square feet of floor area. 7. Pursuant to Section §265-57 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the use of murals and graphics on a temporary construction fence. IV. CONDITIONAL AND TEMPORARY USE REVIEW The Temporary Use Code Section §265-14.B. states that a temporary sales center which is located off-site from the development project that it is supporting must be treated as a conditional use and therefore requires review and approval by the City Commission. The following analysis compares the proposed temporary sales center use against the Conditional Use review criteria of Code Section §265-13.(C): Page 3 of 13 45 January 16, 2025 PZ2025-01 (1) The proposed use shall be consistent with the Comprehensive Plan. (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare. (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of theses LDRs. (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The proposed temporary sales center use is consistent with Future Land Use Element Policy 14B, which states professional and business services are permitted in the Neighborhood -Business future land use category and therefore, this use is consistent with the intent and objectives of the Comprehensive Plan. The proposed use will improve a currently vacant lot and will not be detrimental to or endanger the public health, safety, or general welfare, as it is in harmony with the surrounding character of retail, community facility, and office uses. The proposed site plan depicts one driveway connection to 186th Street for ingress and egress and does not connect to Collins Avenue, which reduces traffic impacts on Collins Avenue. The project has adequate sidewalks to provide pedestrian connectivity into the site. The design of the structure is a one-story building and the property will be improved with privacy walls and ample landscaping, which minimizes visual impacts on adjacent properties.. Temporary Use Code Section §265-14.F. provides the following review criteria (1) The temporary use must be compatible with the surrounding land uses, (2) A parking problem must not be created. If off-site parking is to be utilized, permission must be in writing from the owner of the property utilized. Said owner must demonstrate that the parking requirement of the temporary use does not cause the loss of legally required parking spaces for his/her site. (3) An applicant may not receive a temporary use permit for garage sales, seasonal sales, sidewalk/parking lot sales, fireworks displays and show and carnivals, fairs, concerts, circuses or similar events on the same property more than three times within a calendar year. The temporary sales center use meets the above criteria. It is compatible with the surrounding mix of land uses, which includes residential, office, retail, and community facilities all developed at a low -scale of one to two stories. While the Applicant is requesting a variance to reduce the number of required parking spaces, a proposed Page 4 of 13 46 0 January 16, 2025 PZ2025-01 condition of approval is that the remaining spaces be provided off-site and have valet operations. ZONING SITE PLAN REVIEW The following is an analysis of the proposed site plan with the site development standards of the B-1, "Neighborhood Business" zoning district, and other applicable Land Development Regulations. The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Temporary Structure for the St. Regis Sales Center", prepared by Design + Architecture Consultants, stamped received December 20, 2024, consisting of nine (9) sheets; survey prepared by Fortin, Leavy, Skiles, I., stamped received December 20, 2024, consisting of one (1) sheet; landscape plans prepared by EDSA, Inc., stamped received December 20, 2024, consisting of three (3) sheets. Floor Area Ratio Maximum 2.0 0.1867 Building Height 55' 16- 4" Lot Coverage Maximum 80% 65% Setbacks Front Rear North Side South Side 40' 15' 15' 15' 5'- 4.5" (variance requested) 15' 6' (variance requested) 6' variance requested) Lot Width 100' 135.06' Landscaped -Open S ace Minimum 20% 21% Minimum Lot Area 10,000 square feet 16,970 square feet Page 5 of 13 47 January 16, 2025 PZ2025-01 §265-56 Nonresidential, Town Center and Mixed: Use Resort District Signs Code Section Standard Required Proposed Monument Sign Size Maximum 78 square feet 49.3 square feet Monument Sign Setback Minimum 6' from right -of- 6' m way - •, _c. Wall Sign Size .uR.Re.. _ _ Norh Elevation Maximum 35' square feet 43 square feet (variance requested) East Elevation Maximum 35' square feet 58 square feet (variance requested) Included in the site plan approval is a request to utilize graphics on the temporary construction fences along Collins Avenue and 186th Street, which per Code Section §135-6 requires City Commission approval. The following is a snapshot of the proposed graphics to be use, which includes renderings of the St. Regis Residences development project and contact information (the full images can be found in the plan set drawings): ARO I EAST FENCE - COLLINS AVE 9T.10T m (4 ST REGIS �• k.RN.�.(�.k..�N...N� -, iR.A - •, _c. O(Ji\NFkONi�ALFS OAIO:RY A'avopnwiBBoi CA.Artnw 786.bgfi.g(n FORTUNE � CHAT(EAU .uR.Re.. _ _ •,. �..�[jp• . ,. Ile - •, e. J<..r..ne.p�F.i ruF.,.w —GROUT• ..—. 9T -10V WOOD FENCE VI. VARIANCES REVIEW The Applicant has requested a total of four (4) variances from the Land Development Regulations. Three (3) variances are from the site development standards of the B-1 zoning district: (1) Reduce the front setback from 40' to 54.5", (2) Reduce the north and south side setbacks from 10' to 6', (3) Reduce the required number of off-street parking spaces from 20 spaces to 10 spaces. These variance requests are reviewed against the following criteria from Code Section §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. Page 6 of 13 48 January 16, 2025 PZ2025-01 (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. (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. (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. The proposed variances meet some, but not all, of the above criteria. The proposed structure is temporary and significantly smaller in size than what is permissible in this zoning district, which is a special circumstance not applicable to other structures or buildings in the same zoning district. However, literal interpretation and application of the setbacks and parking requirements do not deprive the Applicant of rights commonly enjoyed by other properties, as the property is a rectangular shaped lot of ample size to accommodate a structure. For the parking reduction, the Applicant intends to secure additional parking off-site and valet vehicles. Granting the variance 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. The fourth and final variance is to increase the allowable size of two wall signs from 35 square feet to 43 square feet and 58 square feet. Sign ordinance variances are reviewed against the following criteria from Code Section §265-63.1.C.: (1) The variance is not contrary to the public interest, (2) Special conditions and circumstances do not result from actions of the applicant; (3) A literal enforcement of the provisions of this chapter may result in unnecessary hardship. The Applicant requested the same variance for the existing on-site sales center located at 18801 Collins Avenue, application PZ2023-10, which was approved by the City Commission on September 21, 2023 via Resolution 23-Z-203. The Applicant proposes using the same two wall signs that were approved in 2023 on the off-site sales center Page 7 of 13 49 January 16, 2025 PZ2025-01 proposed under this application. One of the signs will be located on the eastern fagade, facing Collins Avenue, which is 58 square feet in size: The second sign will be located on the northern fagade, facing 186th Street, which is 43 square feet in size: As stated in the sign ordinance purpose and intent of Code Section §265-50.6.(2), these regulations "promote positive conditions for sign communication enabling the identification of residences and business but limiting the size and number of signs and sign messages to a minimum reasonably necessary while, at the same time, avoiding nuisances to nearby properties and promoting an attractive environment and lessening visual clutter." The City's sign ordinance establishes maximum wall sign area of 35 square feet per each wall sign. The subject property does not have a special condition or circumstance to justify an increased wall sign size above this maximum. A literal enforcement of the provisions of the sign ordinance would allow the sales center to have Page 8 of 13 50 January 16, 2025 PZ2025-01 two signs, but both at 35 square feet. The proposed variance to increase the total size of the wall sizes conflicts with the purpose and intent of lessening visual clutter. VII. FINAL ANALYSIS Conditional and Temporary Use The proposed temporary off-site sales center is consistent with the City's Comprehensive Plan and Land Development Regulations, specifically the review criteria for conditional uses and temporary uses. Variances The requested variances comply with some, but not all of the Land Development Regulations, specifically Sections §265-15.G and §265-63.1, which outline the review standards for variance applications. Literal interpretation of the development and sign standards would not deprive the Applicant of rights commonly enjoyed by other properties and are not essential to enable reasonable use of the land, as a sales center can reasonably be constructed without them. However, granting the variances would not harm the neighborhood, negatively impact public safety or welfare, or significantly diminish or impair property values in the surrounding area. Site Plan The proposed site plan application is consistent with the City's Comprehensive Plan and Land Development Regulations, with the exception of the four requested variances. The request for graphics on the temporary construction fence is reasonable, as the imagery presented in the application matches the aesthetics of those currently in use at the St. Regis Residences development site. Staff has compiled the relevant facts of the requested conditional use, temporary use, variances, and site plan approval and recommends that the application is presented to City Commission for consideration. VIII. CONDITIONS If the City approves this application, the application will be subject to the following conditions set forth below: Conditions to be completed before demolition, below grade or building permits are issued. That the plans be substantially in accordance with that submitted for public hearing, which are entitled "Temporary Structure for the St. Regis Sales Center", prepared by Design + Architecture Consultants, stamped received December 20, 2024, consisting of nine (9) sheets; survey prepared by Fortin, Leavy, Skiles, I., stamped received December 20, 2024, consisting of one (1) sheet; landscape plans entitled, "Temporary Structure for the St. Regis Sales Center," prepared by EDSA, Inc., stamped received January 7, 2025, consisting of thirteen (13) sheets; irrigation Page 9 of 13 51 January 16, 2025 PZ2025-01 plans entitled, "Temporary Structure for the St. Regis Sales Center," prepared by EDSA, Inc., stamped received January 7, 2025, consisting of four (4) sheets. Plans are subject to revisions -based comments provided by 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. That the Applicant complies with all conditions and permit requirements, including but not limited to, Miami -Dade County DERM, Florida Department of Transportation (FDOT), the Miami -Dade County Fire Department (MDFD), Water and Sewer Departments, etc. 4. That the Applicant shall submit an updated Demolition and Construction Staging and Traffic Management Plan, before commencing any construction activity. The staging plan shall provide a schedule of activities such as, parking arrangements, land closures, sidewalk closures, any other required activity that may provoke an impact at the surrounding areas. The staging plan shall include arrangements to mitigate against construction trucks idling, driving through, or parking in the Golden Shores neighborhood. The parking arrangements set forth in the staging plan shall provide that construction personnel shall not park their private vehicles nor walk through the Golden Shores neighborhood to access the project. The staging plan should be approved administratively by the City Manager or designee. 5. That the Applicant shall address comments provided by the City's Landscape Architect Consultant, Miller Legg, regarding landscape issues per the memo dated December 19, 2024. All comments are to be addressed prior to issuance of building permit. 6. If approved, the Applicant must submit a separate building permit prior to installation of murals or graphics on temporary construction fencing to be approved administratively by the City Manager or designee. 7. 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. 8. Evidence of an off-site parking arrangement must be submitted for review that reserves 10 parking spaces for the use of the sales center. Page 10 of 13 52 January 16, 2025 PZ2025-01 Other Conditions. 9. 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. 10. 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. 11. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. 12. The trees that are planted on the property and irrigation that is installed shall be donated to the City once the use of the sales center ceases. Page 11 of 13 53 IX. MAP REFERENCES Zoning Map January 16, 2025 PZ2025-01 Page 12 of 13 54 n oo ll' i Jf N • Ii)d✓r�f ,f r I I. l ,. _./. � �(d 149ti69Wl3 `"- ,r f G9 S'} 4 l I I .�,.�✓/ f vw ' I/1 % r� I al I�- am �!j, i� ` h r ✓o' MD +i �, psi � I '% •� MEB.M i TIAL IENTIAL rry jr < .. to �—a, fir,my/. 449, NESS ACE 0 rf s D M ILLER�EGG Date: 12/19/24 To: Amy Canales, Planning & Zoning Administrator - City of Sunny Isles Beach From: Michael Bradley, RLA CC: Ran Lee & Brian Shore, RLA, Project: St. Regis Sales Center, 18590 Collins Ave Re: Site Plan Review: PZ2025-01 St. Regis Sales Center The review of the Landscape Plans signed 12/05/24, prepared by EDSA, for the above referenced Project has been completed and the following comments are offered: • Section 265-68 0 265-68.A: Tree specifications to meet the requirements. Calculations showing requirements have been met to be provided. 0 265-68.13: Shrub & groundcvoer specifications to meet the requirements. Calculations showing requirements have been met to be provided. 0 265-68.D: Irrigation required. • Section 265-70 o There are existing palms on site that are not shown on the attached survey. Survey to show accurate location of all trees. o Tree disposition plans required showing botanical and common names, diameter, height, and canopy spread of each tree. o Tree protection for trees / palms to remain, is required o Trees / palms noted for removal or relocation to be shown and tree permit required. • Section 265.71 o 265.71.A -D ■ Street trees along Collins are believed to meet requirements but cannot confirm until specifications are listed. ■ Street trees are rquired along 186th Street. LOI states all buffers are to meet code. If this omission is part of a variance, confirm in LOI. ■ As no shrubs / groundcovers are shown, buffers do not meet requirements. 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 0 265.71.F ■ Sight triangle requirements to be met with visual representation on plans provided. 0 265.71.G ■ No more than 60% of required landscape area shall be grass. Provide calculations for all landscape requirements. o 265.71.H ■ Dumpsters or any form of waste receptacles are not shown in any of the plans provided. Should external waste receptacles be provided, they are to be screened per section 265.71.H. OVERALL COMMENTS: • Minimal design was shown in the landscape plans. While the renderings assisted in interpreting design intent full plans will be required prior to approval. • The above list of comments is not all inclusive due to conceptual nature of plans. 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Re: Amended Letter of Intent/La Playa Beach Associates, LLC Conditional Use and Variance Application for Temporary Sales Center ("Application") 18590 Collins Avenue Dear Mr. Morris: On behalf of this firm's client, La Playa Beach Associates LLC ("Applicant"), and in furtherance of the Lease Agreement between Applicant and the City of Sunny Isles ("City") dated July 10, 2024, we respectfully submit this Amended Letter of Intent in support of the Conditional Use and Variance Application for a temporary sales center site plan located at 18590 Collins Avenue (the "Property"). As you know, in May 2024, the City of Sunny Isles City Commission approved Ordinance 2024-612, approving a lease agreement between the City and Applicant for the lease of the Property for use as a temporary sales center related to the development of the Property located at 18801 Collins Avenue and known as the St. Regis Sunny Isles' and which abuts Collins Avenue ("Lease"). The Sales Center will be used for marketing and events to promote the approved project site plan and for the purposes of selling units at the St. Regis. Pursuant to the Lease, Applicant is submitting a Leasehold Site Plan for approval. To effectuate the Leasehold Site Plan, and due to site constraints and the temporary nature of the use and structure, the Applicant seeks the following: 1) Conditional Use Approval for an offsite sales center pursuant to section 265-14(b)(1)(d), City Code; 2) Site plan approval adopting the plans entitled "Temporary Structure for the St. Regis Sales Center" as prepared by the architectural firm Design + Architecture Consultants dated December 6, 2024, and consisting of a one-story sales center with a total of 6,014 square feet of floor area; L Previously known as "La Playa Varadaro" and approved through Resolutions 15-Z-156; 16-Z-15 8; and 22-Z-189. Wsr Pai_r;: Bancr-i Minhll TAP4PA. 52.5 Okeechobee, Blvd 1,1680 100 Southeast: 2nd Street (14020 1001 Water Street 1,1610 West Palm Beach, FL 33401 Miami, FI. 33131 Tampa, FL 31,602 85 Shubinlavnlgruup.com I Tel (305) 381-,6060 I Fax (305) 331-94.57 Page 2 of 6 3) Temporary variances from the City Code, including: a. varying the required front setback from 40 feet to between 5 feet 4.5 inches and fifteen feet 9.5 inches (§ 265-36(6)(a), City Code); b. varying the required side setbacks from 10 feet to 6 feet (§ 265-36(6)(c), City Code); c. varying the onsite parking requirements from 20 onsite to 10 onsite and 10 offsite with valet parking (§ 265-46.B., City Code); d. varying the City's sign regulations to allow two (2) Wall Signs to exceed the maximum square footage permitted (§ 265-56, City Code), one on the East elevation of the temporary structure with an overall area of 58 square feet; 226" x 37" (actual signage/lettering is less as shown on Site Plan), and one on the North elevation of the temporary structure with an overall area of 43 square feet; 109" x 57" (actual signage/lettering is less as shown on Site Plan); and 4) Temporary construction fencing with murals and graphics pursuant to section 265-57.G, City Code as shown on sheet A0.02. In support of the Application, the Applicant offers the following: I. The Proposed Temporary Sales Center Satisfies the Conditional Use Criteria Under Section 265-14.13.(1)(d), City Code, an offsite sales center may be approved as a conditional use. To the extent that the conditional use criteria applies to a temporary use, the temporary sales center satisfies the criteria for approval: (1) The proposed use shall be consistent with the Comprehensive Plan; Satisfied: The Property is designated Neighborhood -Business on the City's Future Land Use Map. According to Objective 14, Policy 14B of the City's Comprehensive Plan: This commercial land use category is intended to accommodate retail, business and service uses that serve primarily convenience shopping and personal service needs of surrounding neighborhoods and visitor accommodations. Offices, hotels and professional and business services, community and recreation facilities are permitted. The proposed temporary sales center use is an office and/or business services use that services the surrounding neighborhoods and is therefore consistent with the Comprehensive Plan. In addition, the use is temporary and activates a vacant lot prior to redevelopment by the City. (2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare; Satisfied: The proposed temporary sales center use is temporary and consistent with the character of the neighborhood. In addition, the temporary use activates a vacant lot prior to redevelopment by the City and will be developed with consistent with the Shubin Law Group Shubinlawgioup.com I TO (305) 381-6060 1 Fax (305) 381-9457 PROFESSIONAL ASSOCIATION 86 Page 3 of 6 City's life safety and ADA standards. As a result, the temporary use will not be detrimental to or endanger the public health, safety, or general welfare. (3) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use; Satisfied: The proposed temporary sales center use is temporary and located on Collins Avenue. The business use is consistent with the character of the neighborhood and permitted in the B-1 zoning district. (4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LDRs; Satisfied: Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire and emergency services, will exist at the City's adopted levels of service, or will be available concurrent with the uses temporary demand as provided for in the requirements of theses LDRs (5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets; Satisfied: Adequate ingress and egress to the temporary use is provided consistent with the City Code. In addition, ingress and egress has been located on 1861h Street to avoid any adverse traffic impacts to Collins Ave. (6) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district; and Satisfied: Due to the temporary nature of the proposed use, it will not impede future development of surrounding properties. (7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. Satisfied: The design of the proposed use minimizes any perceived impacts through the use of landscape buffers and building orientation that shields parking while enhancing the pedestrian experience from Collins Ave. In addition, an art installation enhances the property's visual impact. II. The Sales Center Satisfies the General Criteria for Temporary Use The proposed sales center satisfies the general temporary use criteria in the following ways: (1) The temporary use must be compatible with the surrounding land uses; Shubin Law Group Shubinlawgioup.com I TO (305) 381-6060 1 Fax (305) 351-9457 p PROFESSIONAL ASSOCIATION 87 Page 4 of 6 Satisfied: The temporary sales center use, which is consistent with the B-1 zoning district and the City's Comprehensive Plan is compatible the surrounding land uses. (2) A parking problem must not be created. If off-site parking is to be utilized, permission must be in writing from the owner of the property utilized. Said owner must demonstrate that the parking requirement of the temporary use does not cause the loss of legally required parking spaces for his/her site. Satisfied: A parking problem will not be created. Additional offsite parking to meet City Code requirements will be provided, with valet services, with property owner permission, and without causing the loss of legally required spaces for the offsite premises. (3) An applicant may not receive a temporary use permit for garage sales, seasonal sales, sidewalk/parking lot sales, fireworks displays and show and carnivals, fairs, concerts, circuses or similar events on the same property more than three times within a calendar year. Satisfied: The Applicant is not seeking a temporary use for garage sales, seasonal sales, sidewalk/parking lot sales, fireworks displays and show and carnivals, fairs, concerts, circuses or similar events on the same property, other than such events that are typical and accessory to the operation of a sales center. III. The Application Satisfies the Variance Criteria A variance is appropriate "where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of these LDRs would result in unnecessary and undue hardship on the property." § 265-15(a), City Code. The Applicant maintains that the variances sought are appropriate because they meet the intent of the City's Land Development Regulations, satisfy the conditional use criteria for off-site sales centers, and are temporary in nature. In addition, approval is appropriate because the following criteria has been 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; Satisfied: The subject Property is unique in size and configuration creating obstacles for the temporary structure permitted under the Lease and the required parking. In addition, the structure provided is necessary to accommodate a sales center that provides the amenities and floor area required for the promotion and sale of a luxury residential development. These unique, temporary circumstances are not applicable to other permanent structures, buildings or uses in the same zoning district. Shubin Law Group Shubinlawgroup.Com I Tel (305) 3fs1-6060 1 Fax (30S) 38'1-9457 PROFESSIONAL ASSOCIATION 88 Page 5 of 6 (2) The special conditions and circumstances do not result from the actions of the petitioner; Satisfied: The special conditions and circumstance do not result from the action of the petitioner. A temporary sales center is not permanent and is necessary for the successful development and sale of a multi -family residential development in furtherance of City approvals and is typical for the industry. Moreover, the variances sought are temporary in nature. (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; Satisfied: A literal interpretation of the LDR provisions would deprive the Applicant of the ability to provide an adequate sales center for the St. Regis development. In addition, compliance with the front setbacks would not allow the site to function as it is intended to allow the permitted temporary uses for the site, limiting ingress and egress and parking. Without the variances, ingress and egress would be forced to Collins Avenue, creating adverse traffic impacts for the City. (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; Satisfied: The proposed sales center use and structure are permitted in the B- 1 zoning district and City-wide pursuant to the City Code. The hardship is not economic in nature and does not establish a permanent use or structure. (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; Satisfied: Granting temporary variances for a sales center will convey the same treatment to the Applicant as to owners of other lands in the same zoning district as it will allow the Property to be used as a temporary sales center. (6) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure; and Satisfied: The variance is temporary and will make possible the reasonable use of the Property for a sales center. (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. Shubin Law Group Shulainlawgt'oup.,:om I Tel (305) 391-6060 ( Fax (305) 351-94,57 PROFESSIONAL ASSOCIATION 89 Page 6 of 6 Satisfied: The variance is in furtherance of a temporary site plan for the temporary installation of a sales center. The temporary nature of the use and structure is not injurious to the neighborhood or detrimental to property values. To the contrary, the improvement of the vacant site for the intended purpose will enhance the neighborhood and improve property values. In addition, the orientation of the proposed temporary structure will improve the pedestrian experience on Collins Avenue. IV. The Application Satisfies the SiEn Variance Criteria Under section 265-63.1, City Code, a sign variance will be approved when: (1) The variance is not contrary to the public interest; The proposed signage currently exists on the St. Regis development site and was previously found to not be contrary to the public interest via Resolution 23-3547. (2) Special conditions and circumstances do not result from actions of the applicant; No special conditions and circumstances exist in allowing the Sales Center to use signage consistent with prior approvals. (3) A literal enforcement of the provisions of this chapter may result in unnecessary hardship A literal enforcement of the provisions of the City Code would result in an unnecessary hardship and may reduce project visibility. The Application has satisfied the necessary criteria, and the Applicant respectfully requests approval. As always, should you have any questions, please don't hesitate to contact us. Sincerely, Ian E. DeMello For the firm cc: Amy Canales, Planning and Zoning Director Shubin Law Group Shubinhvdgioup.com I Tel (305) 381-6060 1 Fax (305) 381-9&57 PROFESSIONAL ASSOCIATION 90 i '990` F *FLOP s CrTY DF SUN PCO PUBLIC HEARING APPLICATION Hearing # Date Receivec Folio Number Proposed Project Name: ST REGIS TEMPORARY SALES GALLERY Name of Applicant LA PLAYA BEACH ASSOCIATES LLC \SfLES 9 K RECEIVE® PZ2025-01 12/6/2024 PLANNING & ZONING DEPT. a. If applicant is the owner, give name exactly as recorded on deed. b. If applicant is lessee, attach copy of valid lease of one (1) year or more and Property Owners Sworn -to -Consent. c. If applicant is a corporation, partnership, limited partnership, or trustee, a separate Disclosure of Interest form must be completed. Applicant Mailing Address 1300 BRICKELL AVE City MIAMI State FLORIDA Zip 33131 Tel. # (during working hours) 305.351.1000 e-mail rlchoron@fortuneintlgroup.com 4. Name of Property Owner CITY OF SUNNY ISLES BEACH Mailing Address 16070 COLLINS AVE City SUNNY ISLES BEACH State FLORIDA Zip 33160 Tel. # (during working hours) 305.947.0606 e-mail ssimpson@sibFl.net Contact Person RON L. CHORON Mailing Address 1300 BRICKELL AVE City MIAMI State FLORIDA Zip 33131 Tel. # (during working hours) 305.351.1000 e-mail rlchoron@fortuneintigroup.com 6. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION 7 a. if subdivided, provide lot, block, complete name of subdivision, plat book and page number. b. if metes and bounds description, provide complete legal description (including section, township and range). c. if separate request apply to different areas, provide the legal description of each area covered by a separate request. d. attach a separate, typed sheet if necessary. Verify the legal description is correct. GOLDEN SHORES OCEAN BLVD ESTS SEC D PB 53.48 LOT 5 BLK 1 & E112 OF ALLEY LYG W & ADJ CLOSED PER R03-511 OR 21181-3232 LOT SIZE 125.710 X 135 FAU 30 2202 006 0050 COC OR 26026-4202 1007 1 Address or location of subj ect property: 16590 COLLINS AVE, SUNNY ISLES BEACH, FLORIDA 33160 Size of property: 125.710 ft. x 135 ft. acres 0.3695 City of Sunny Isles Beach Public Hearing Application Package Page 4 of 23 91 9. Date subject property acquired Dor leased 16th MAY day of 2014 term of lease 42 MONTHS 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". Yes, City owned property to the South and West. 11. Is there an option to purchase Dr lease []the subject property or property contiguous thereto? DYes or E]No If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also). 12. Present zoning classification (s): B-1 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) o Site Plan Approval o Conditional Use o Variance ❑ Plat Approval ❑ Transfer Development Rights ❑ Vested Rights ❑ Appeals ❑ Other: 14. Has a public hearing been held on this property within the last year and a half? ❑ yes e no If yes, applicants name Date of hearing Nature of Decision of Resolution # City of Sunny Isles Beach Public Hearing Application Package Page 5 of 23 92 15. Is this hearing being requested as a result of violation notice? ❑ yes [:]no If yes, give name to which violation notice was served Nature of 16. Are there any existing structures on the property? [] yes n no If yes, briefly describe 17. Is there any existing use on the property? [] yes Ej no If yes, what is the use and when was it established? Use Established City of Sunny Isles Beach Public Hearing Application Package Page 6 of 23 93 PROPERTY OWNER'S SWORN -TO -CONSENT PERMITTING TENANT TO FILE FOR HEARING On behalf of City of Sunny Isles Beach Property Owner of the property legally described below and which is the subject property of the proposed hearing, does hereby grant consent to La Playa Beach Associates, LLC , as Tenant to file this application for a public hearing. Legal Description: GOLDEN SHORES OCEAN BLVD ESTS SEC D PB 53.48 LOT 5 BLK 1 & E1/2 OF ALLEY LYG W & ADJ CLOSED PER R03-511 OR 21181-3232 Witnesses: I 14 Signature Property Owner's Signature /4y,iy C& -n a ttS SWbi APX045 Print Name Signature Print Name Print Name Sworn to and subscribed before me on the 12A� day of Affiant i personally known o me or has produced Commission Expires: -Fe,b 6, , 20 Q.l- as identification. i ;;�`••"��'�':�;:: .RAN LEE K MY COMMISSION # HH 480678 �•: 6.2Rf4G:F r Y city OF 1 \5 L ES e RECEIVED -PZ2025-01 12/6/2024 PLANNING & ZONING DEPT. Page 8 of 23 94 STATE OF FLORIDA COUNTY OF MIAMI•DADE OWNERSHIP AFFIDAVIT FOR LIMITED LIABILITY COMPANY Public Hearing y \SfLES e � N is bwz \d J 2 RECEIVED PZ2025-01 12/6/2024 PLANNING & ZONING DEPT. Before me, the undersigned authority, personally appeared L hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is the manager, or managing member of theLA PLAYA BEACH ASSOCIATES Limited Liability Company with the following address: 1300 aRICKELL AVE, MIAMI, FLORIDA 33131 2. The Limited Liability Company owns or lease (circle one) the property, which is the subject of the proposed hearing. 3. The subject property is legally described as: SEE ATTACHMENT 4. Affiant is legally authorized to file this application for public hearing: S. 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. 21 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. / Signature Print Name Sworn to and subscribed before me on the Z% day of MAI , 20 Z* , Affiant is personally known to nXt- has produced as Identification. c _ 1 Commission Expires: S•�•�2'S ANA MARIA GIL �`R� A4gi �p: Notary public •Slate of Flat Ida f,"t*+ Commission #r HH 089412 My Comm. Expires May 31, 2025 y'''%.; ;,;:.; `�• Aonoe "! lough Natid, Notary Assn Page 10 of 23 as 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). ' LA PLAYA BEACH ASSOCIATES, LLC LLC Name Name, Address and Office Percentage of Stock LA PLAYA MM, LLC 34.62% LA PLAYA INVESTMENTS, LLC 20.66% CH LA PLAYA, LLC 20.63% CORNER HOUSE, LLC 6.04% SM LA PLAYA, LLC 18.05% CITY op \SLIIES� RECEIVED PZ2025-01 12/6/2024 PLANNING & ZONING DEPT. City of Sunny Isles Beach Public Hearing Application Package Page 14 of 23 96 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. ............................................................................................. W . . . . . . . . . . . . . . The above is a full disclosure of all parties of interest in tlf ication to t est of owledge and belief. Signature: tilptnao tm" (Applicant) Matntlei Cl'r SV -OV Sworn to and subscribed before me, This day of KAy , 20 ZJr Notary a lic, S at o r a at Large My Commission Expires: S -IMA0ZSP IAA Mv Nota�Y public - State 01Ronda 089412 my Comm. E><D;� n Nattuy Assn. 4: gnad0dtfir0119 * 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 Ines Beach Public Hearing Application Package Page 16 of 23 RESPONSIBILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNING I hereby acknowledge that I am aware of the preliminary review of plans of the proposed project by the Department of Environmental Protection (DEP), and/or the Department of Environmental Resources Management (DERM), the Florida Department of Transportation (FDOT). In addition, the Miami -Dade County Fire Department (MDFD) for the staging area of the proposed project along with the Miami -Dade County Biscayne Bay Shoreline Development Review Committee will review and comment for approval all development applications. These comments sometimes include requirements for an additional public hearing before (DERM) and the Environmental Quality Control Board, (EQCB) in the preparation and execution of agreements to run with the land, which are recorded, prior to obtaining a building permit. 1 understand that is my responsibilities as the applicant or applicants representative to promptly follow through with the compliance of DEP, DERM, MDFD, and /or Florida Department of Transportation FDOT requirements or to advise this office in writing if the application will not go forward and may be considered withdrawn. Contact with the above-mentioned agencies is advised during the hearing process. Pen -nit requirements: t also understated that the Florida Building Code, DEP, DERM, MDFD, and /or Florida Department of Transportation FDOT may contain requirements that affect my ability to obtain a required building permit for my project, even if the zoning application is approved at public hearing, I am aware that a Building Permit is required for all construction and that I am responsible for obtaining the required permit, all required inspections, the Certificate of Use and Occupancy or Certificate of Completion for any and all structures and additions whether proposed or existing without pen -nits. Additionally I am aware a Certificate of Use and Occupancy must be obtained for the use of the property, if approved at a Zoning Hearing and that failure to obtain the required permits and/or Certificates of Completion, Use and Occupancy will result in the initiation of enforcement action against the occupant and owner. I further understand that submittal of Zoning Hearing application will not necessary forestall enforcement action against the property._ Fees: i understand that the hearing fees paid at the time of fill not be total o of the hearing and that I will be advised of any other fees that can e a ated w' a pu li aring application. Sign ire �.�+r•�td^' �"�•v►►'.t''� Print amu Notary: Sworn to and subscribed before me this Zi day of A MARIA GIL ' ,pu��I�i Natary Public • state of Florida 1p • [ +� Commission N HK 069412 Notary P i Sta e o r da }�s 'A'r My Comm. Expires May 34, 2025 ���'�%f Bonded �mougn Nalio,^a1N��tary Assn, C,TY OF y \S L ES 9 1 ILA/ - RECEIVED PZ2025-01 12/6/2024 PLANNING & ZONING DEPT. City of Sunny Isles Beach My commission expires 5 •3%• 26zS Public Hearing Application Package " N Page W of 23 co S,,NNY CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARING SE ,9�)♦ FIOp� C�rY Os Su .H�y NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the David P. Samson Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on THURSDAY, JANUARY 16, 2025 AT 6:30 P.M., to consider the following Zoning application: Public Hearing #: PZ2025-01 Application: St. Regis Temporary Sales Gallery Applicant: La Playa Beach Associates, LLC Property Location: 18590 Collins Avenue, Sunny Isles Beach, FL 33160 Size of Property: 0.39 acres (16,970 sq. ft.) Zoning District: B-1 (Neighborhood Business District) Summary: The St. Regis Residences development project was approved by the City Commission in 2015 for the property located at 18801 Collins Avenue and construction of the project is on-going. The request of this application is to allow construction of a temporary sales center, to be used for marketing and events to promote the approved development project and for the purpose of selling units at the St. Regis Residences. Requests: 1. Pursuant to Sections §265-13 and §265-14 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval of a conditional use for an off-site temporary sales center. 2. Pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for a one-story temporary sales center with 6,014 square feet of floor area. 3. Pursuant to Section §265-36 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to reduce the front setback from 40' to 5'4.5". 4. Pursuant to Section §265-36 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to reduce the south side setback from 10' to 6'. 5. Pursuant to Section §265-46 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to reduce the required off-street parking from 20 spaces to 10 spaces. 6. Sign ordinance variance per Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations to increase the allowable size of wall signs from 35 square feet to 58 square feet on the eastern elevation and to 43 square feet on the northern elevation, per Section §265-56(B)(3). 7. Pursuant to Section §265-57 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the use of murals and graphics on a temporary construction fence. The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Temporary Structure for the St. Regis Sales Center", prepared by Design + Architecture Consultants, stamped received December 20, 2024, consisting of nine (9) sheets; survey prepared by Fortin, Leavy, Skiles, I., stamped received December 20, 2024, consisting of one (1) sheet; landscape plans prepared by EDSA, Inc., stamped received December 20, 2024, consisting of three (3) sheets Plans are subject to revision based on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. Legal Description: Lot 5, Block 1, GOLDEN SHORES OCEAN BOULEVARD ESTATES — SECTION D, according to the Plat thereof, as recorded in Plat Book 53, Page 48, of the Public Records of Miami -Dade County, Florida. TOGETHER WITH The East 10 feet of the vacated alley abutting and lying adjacent to the West boundary line of Lot 5, Block 1, GOLDEN SHORES OCEAN BOULEVARD ESTATES — SECTION D, according to the Plat thereof, as recorded in Plat Book 53, Page 48, of the Public Records of Miami -Dade County, Florida, pursuant to Resolution No. 2003-511 recorded April 18, 2003 in Official Records Book 21181, Page 3232. 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 entered 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 99 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. 100