HomeMy WebLinkAboutResolution Zoning 98-Z- 7
RESOLUTION NO. 98-Z-7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING A MODIFICATION OF PLANS,
APPROVING AN UNUSUAL USE TO PERMIT OUTDOOR DINING IN
CONJUNCTION WITH A PROPOSED RESTAURANT; A NON-USE
VARIANCE OF LOT COVERAGE REQUIREMENTS TO PERMIT
PROPOSED APARTMENT HOTEL WITH A LOT COVERAGE OF 54%; A
NON-USE VARIANCE OF ZONING REGULATIONS REQUIRING A 50.29'
WIDE VISUAL PASSAGE AREA TO ALLOW A 31' WIDE VISUAL
PASSAGE AREA AND BASED UPON A VOLUNTARY PROFFER OF A
DECLARATION OF RESTRICTIVE COVENANTS AS ATTACHED AS
EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Dezer Properties, LLC and Dezer Hotel Management Ltd., has applied for the
following:
(1) Modification of plans approved pursuant to Resolution 4-ZAB-163-91, passed and adopted
by the Metropolitan Dade County Zoning Appeals Board on June 26, 1991, reading as
follows:
FROM:
"That in the approval of the plan the same be substantially in accordance with
that submitted for hearing entitled "Site Plan" consisting of nine sheets as
prepared by the Sieger Architectural Partnership; Sheet A-I dated 3-25-91;
Sheet Ll-1 dated 2-5-91 and Sheets A-2 through A-6, L-2 and L-3 dated 1-31-
91"
TO:
"Plans entitled 'Thunderbird West' as prtaJared by Kobi Km:p consisting of
Sheets T-L A1-LAl-2 throughAl-4.A2-1 throughA2-5. A3-L A3-2. A4-1
through A4- 3. dated stamped received 7/9/97 and plans entitled 'Thunderbird
West' as prtaJared by Witkins Designs Group. dated 11/7/96 on Sheets L 1 &
L2,"
The purpose of this request is to allow the applicant to submit plans showing an apartmentlhotel.
(2) Unusual use to permit outdoor dining in conjunction with a proposed restaurant.
(3) Non-use variance oflot coverage requirements to permit a proposed apartmentlhotel with a
lot coverage of 54% (40% permitted),
(4) Non-use variance of zoning regulations requiring a 50.29' wide visual passage area; to waive
same to permit a 31' wide visual passage area.
Resolution 98-Z-7
SUBJECT PROPERTY:
Tract "N' less the south 300' thereof, AMENDED PLAT OF NORTH
BISCA YNE BEACH, Plat Book 44, Page 42.
LESS AND EXCEPT a 20' strip ofland, adjacent to and contiguous
with the north line of said Tract "N" said strip of land being a
roadway dedication, Official Records Book 54, Page 548.
ADDRESS:
18445 Collins Avenue, Sunny Isles Beach;
WHEREAS, a public hearing of the City Commission was advertised and held as required
by law and all interested parties concerned in the matter were heard, and upon due and proper
consideration having been given to the matter and to the positive recommendations of both the
Zoning and Code Administrator and the Building Official; and
WHEREAS, on March 26, 1998 the City Commission considered a modification of the
applicant's request including a voluntary proffer of a Declaration of Restrictive Covenants attached
hereto as Exhibit "A;" and
WHEREAS, the City Commission finds that with respect to the non-uses variances
requested, they maintain the basic intent and purpose of the zoning regulations as they affect the
community, and with respect to the plans submitted as revised, the proposal is generally compatible
with the surrounding land use and will be in harmony with the general purpose and intent of the
regulations and the health, safety and welfare ofthe citizens of the City;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, that:
(1) That a site plan be submitted to and meet with the approval ofthe Building Official upon the
submittal of an application for a building permit; said plans to include among other things
but not limited thereto, location of structure or structures, types, sizes and location of signs,
light standards, off street parking areas, exits and entrances, drainage, walls, etc.
(2) In the approval of the plan, the same be substantially in accordance with that submitted for
hearing entitled "Thunderbird West" as prepared by Kobi Karp consisting of 15 sheets (T 1-
3/19/98, Tl-4/3/97, A1.13/19/98, A1.2 throA1.3 - 2/5/98, AlA - 5/16/97, A2.1 throA2.2-
2/10/98, A3.1 thru 3.2 - 3/19/98, A4.1 thru A4.3 - 3/16/97 and two sheets dated stamped
received 2/15/98 also landscaping plans entitled "Thunderbird West," prepared by Witkin
Design Group dated stamped received 2/15/98 and a Survey prepared by Zurwelle Whitaker,
Inc.
(3) This approval is subject to the conditions set forth on the recommendations of the Building
Official, if any, and the Zoning and Code Administrator which are adopted herein by
reference.
Resolution 98-Z-7
-2-
(4) A recordable Declaration of Restrictive Covenants voluntarily proffered by the Applicant
attached hereto as Exhibit "A" be submitted in recordable form to meet with the approval of
the Building Official. Such agreement to be executed by all parties having an interest in the
land and its improvement.
(5) The use be established and maintained in accordance with the approved plans,
(6) The applicant submit to the Building Official for its review and approval a landscaping plan
which indicates the type and size of plant material prior to the issuance of a building permit
and to be installed prior to the issuance of a Certificate of Use and Occupancy.
(7) The applicant obtain a Certificate of Use and Occupancy from the City, upon compliance
with all terms and conditions, the subject to cancellation upon violation of any of the
conditions.
(8) The applicant shall receive and submit the approval of the Shoreline Review Committee to
the Building Official with the proviso that if the Shoreline Review Committee process
requires a substantial change in the approved plans the applicant shall return to the City
Commission through the public hearing process for approval of the modifications.
(9) The applicant receive and submit the approval of Florida Department of Transportation for
the driveway cuts and pedestrian bridge to the Building Official.
(10) The pedestrian bridge building setback a minimum of five (5') feet from the east property
line.
(11) Driveways to Collins Ave must meet current F,D.O,T. access management requirements.
(12) Ramp slopes must not exceed 15%,
(13) This land must be platted. The road improvements will be accomplished through the
recording of a plat.
(14) There be no more bathrooms than the number of bedrooms shown on plans and that no
bathrooms be located in livinglkitchen egress areas except for single room units as shown
on approved plan.
(15) There shall be no direct egress from a bedroom into a common corridor which is part of the
means of egress from the building, except for single room units shown on the approved plans
at the time of site plan approval.
(16) The applicant provide a five (5') foot high cbs wall between the residential property abutting
it along the northwest corner of the property.
(17) No loud speaker be used outside the pool areas or outdoor dining in conjunction with
Resolution 98-Z-7
-3-
restaurant.
(18) No paper products be used by the restaurants for outdoor dining.
(19) The applicant acquire all necessary approvals from DERM for the 12-s1ip dock.
Separate permit is required for docks,
(20) The Building Official may issue permits in accordance with the terms ofthis Resolution.
(21) This Resolution shall become effective upon adoption,
PASSED AND ADOPTED this 26th day of March, 1998.
ATTEST:
. '.
,. ~
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. ; '" Richard Brown,-Morilla, City Clerk lO/u/qg
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Commissioner Morrow moved and Commissioner Kauffman seconded approval of the
requested unusual use variances, and upon a roll call the vote was 5 - 0 in favor:
~es
~es
~es
./ yes
~es
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
no
no
no
no
no
Resolution 98-Z-7
-4-
STATE OF FLORIDA )
)55:
COUNTY OF DADE )
I, RICHARD BROWN-MORILLA, Clerk of the City of Sunny Isles Beach, Florida, do hereby
certify that the above and foregoing is a true and correct copy of Resolution No, 98-Z-7 adopted by
the City Commission at its meeting held on the 26th day of March, 1998,
"
. .
J
Resolution 98-Z- 7
-5-
This Instrument Was Prepared by:
Laurence A. Lewitas, Esq.
89 Fifth Avenue
New York, NY 10003
DECLARATION OF RESTRICTIVE CONVENANTS
KNOW ALL MEN BY THESE PRESENTS that the undersigned, being the
owner ofthe following described property, lying, being and situated in Dade County,
Florida, to-wit:
See Exhibit A attached hereto.
In order to assure the City Commission of Sunny Isles Beach, Florida, that the
representation made to them by the Owner in connection with Application No.
96-567 will be abided by, freely, voluntarily and without duress, make the following
Declaration of Restrictive Covenants covering and running with the above-described
real property:
That in order to achieve the proposed 235 apartment/hotels dwelling units as
indicated in the Plans entitled "THUNDERBIRD WEST" Prepared by Kobi Karp
Architect consisting of twelve (12) sheets, dated received , said Plans being
on file with the City of Sunny Isles Beach Zoning Department, the undersigned, or
their successors in interest, will abide by the following covenants which are
voluntarily proffered:
1. Substantial Accordance with plans. The property shall be developed
substantially in accordance with the spirit and intent of the plans previously
submitted, prepared by Kobi Karp, Architect, and Andy Witkin, landscape architect.
2. Impact Fees. The Owners shall pay all applicable impact fees at the time
of application for building permit or application for certificate of use and occupancy
as per the City's Code.
3. Underground Utilities. Owner agrees to pay a prorata share of the cost to
the city of under grounding utility lines in the public rights-of-way on Collins
Avenue based on linear feet of frontage of the Owner's property. This sum shall be
payable prior to issuance of permits by the City, These funds shall be earmarked and
segregated to be applied solely for the purpose of converting utility lines on Collins
Avenue to an underground site. The City shall determine, in its sole discretion, the
schedule for commencement of this undergrounding activity, not to exceed five (5)
years from the date hereof. In the event the City does not proceed with this project,
the City shall return the sum volunteered hereunder to the Owner.
4. Collins Avenue Beautification. The Owner voluntarily agrees to pay a
prorata share of the cost of landscaping by the City as provided by a landscaping
plan developed by the City's landscape architect. That sum shall be based on the
linear feet of frontage of Owner's property. The funds shall be payable prior to the
1
issuance of permits by the City and shall be segregated solely for the purpose of
landscape and beautification. The City shall determine, in its sole discretion, the
schedule for this landscaping activity, not to exceed five (5) years from the date
hereof. In the event the City does not proceed with this project, the City shall return
the sum volunteered hereunder to the Owner.
5. Public Access, The Owner agrees to provide public access to the
bayfront as per the approved plans.
6, Unit Configuration. The owner agrees to provide a maximum of one full
bathroom within each bedroom unit as per the approved plans, The numbers of full
bathrooms will be limited to the maximum number of bedrooms approved at public
hearing by The City Commission, Further there shall be no direct egress from a
bedroom into a common corridor which is part of the means of egress from the
building except for single room units shown on the approved plans at the time of the
site plan approval. Owner understands that the City shall inspect the premises from
time to time to ensure that this covenant is complied with,
7. Use. The Owner agrees that all units will be available for rental, and no
more than 5% ofthe individual hotel units shall be occupied for more than six
months.
8. Covenant Running with the Land, These restrictions during their lifetime
shall be for the benefit of, and limitation upon, all present and figure owner( s) of the
real property and for the public welfare.
This agreement on the part of the Owner shall constitute a covenant running with the
land and may be recorded in the public records of Dade County, Florida, and shall
remain in full force and effect and be binding upon the undersigned, and their heirs,
successors and assigns until such time as the same is modified or released.
9. Term. These covenants are to run with the land and shall be binding an all
parties and all persons claiming under them for a period of thirty (30) years from the
date these covenants are recorded, after which time they shall be extended
automatically for successive period of ten (10) years each, unless an instrument
signed by the them Owner(s) of the subject real property has been recorded agreeing
to change the covenants in while, or in part, provided that the covenants have first
been modified or released by the City of Sunny Isles Beach.
10. Modification, Amendment and Release. This Declaration of Restrictive
Covenants may be modified, amended or released as to the land herein described, or
any portion thereof, by a written instrument executed by the then Owner(s) ofthe fee
simple title of such lands petitioning such modification~ amendment, or release,
provided that the same is also approved by the City Commission after public
hearing.
2
Should this Declaration of Restrictive Covenants be so modified, amended or
released, the Director of the Sunny Isles Beach Zoning Department, or the Executive
Officer of the successor of such department, or in the absence of such Director or
Executive Office, by his Assistant in charge of the office in his absence, shall
forthwith exercise a written instrument effectuating and acknowledging such
modification, amendment or release,
10. Enforcement. Enforcement shall be by action against any parties or
persons violating or attempting to violate any covenants. The prevailing party in any
action or suit, pertaining to or arising out of this Agreement, shall be entitled to
recover in addition to costs and disbursements allowed by law, such sum as the
Court may adjudge to the reasonable for the services of his attorney. This
enforcement provision shall be in addition to any other remedies available at law, or
in equity or both,
11, Authorization to Withhold Permits and Inspections. In the event of
noncompliance with any provision herein, in addition to any other remedies, the City
is hereby authorized to withhold any further permits or refuse to make inspections
until such time as this Declaration is complied with.
12. Severability. Invalidation of anyone of these covenants, by judgment of
court, in no way shall affect any ofthe other provisions which shall remain in full
force and effect.
13, Recording. This Declaration shall be filed of record in the public records
of Dade County, Florida at the cost to the owner.
IN WITNESS WHEREOF, the Owner has caused these presents to be
executed and signed in its name.
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DEZER PROPERTIES LLC
By: ~~.
\ 1'1\ , t:.. ~ 6.~ ~-ze.-4f"
(Acknowledgement on next page)
STATE OF FLORIDA )
) ss:
COUNTY OF DADE )
j \The foregoing instrument was acknowledged before this
~ 1998 bX _~o.eA 1:?~-z.eI
~~ Y<"C"p ~ LLL
I 3 t!. day of
3
who is personally known to me (or \}'ho h
IdentIfication), and who did take an oath.
NOT
as
PUBLIC TAKING ACKNOWLEDGMENT
Print Name:
Commission Number:
4
MATTHEW MARK
Notary Public. State of New York
No. 01MA5075211
Qualified in New York County
Commission Expires M!ir~" ~:1, J.999
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E X II I BIT
PLAZA
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Tract "N", less the south 300 feet thereof, AMENDED PLAT OF NORTH
BISCAYNE BEACH, recurded in Plat Book 44, at Page 42, of the Public
Records of Dade County, Flqrida,
LESS AND EXCEP1' a 20.00 foot strip of land, adjacent to and
contiguous with the North line of said Tract "N", said strip of
l'and being a Roadway Dedication, Recorded in Official Records Book
54 at Page 548 of the Public Records of Dade County, Florida; said
20.00 feet strip being described as follows:
Begin at the Northeast corner of 'I'ract "N" and run S. 606' 20" W.
along the Westerly line of state Road A-I-A (Collins Avenue) along
the Easterly line of'l'ract "N", a distance of 20 .114 feet; 'I'hence
run Due West parallel to and 20.00 feet distant Southerly of the
North line of Tract "N", a distance of 416.06 feet to a Point of
Curvature of a circular curve concave Northeasterly, and having a
radius of 20.00 feet; 'fhence run North\-1esterly and Northerly along
the arc of said curve, through a central angle of 90000' 00", a
distance of 31.42 feet to the Point of Intersection with the North
line of said Tract "N", said point also being the Sout~east~rly
corner of Lot 1, Block 14, GOLDEN SHORES, OCEAN BOULEVARD ESTATES,
SECTION "0", Recorded in Plat Book 53 at Page 4 8 of the Public
REwords of Dade County, Florida; 'l'hence run Due East along the
North line of Tract "N", a distance of 438.20 feet to the Point olf
Beginning,
/
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METROPOLITAN DADE COUNTY, FLORIDA
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STEPHEN P. CLARK CENTER
DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION
111 NW 1ST STREET
SUITE 1110
MIAMI FLORIDA 33128-1974
(305) 375-2500
FAX (305) 375-2795
October 6, 1998
Mr. Michael Berkman
Building Official
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, FL 33160
Re: Thunderbird West
Resolution No. 98-SDRC-07 and Plans
Dear Mr. Berkman:
Enclosed you will find the plans and the original resolution that the Shoreline Development
Review Committee has approved for the above referenced project.
If you have further questions or comments, please call me at 375-2566.
Sincerely,
~~.~
Alex A. David, Coordinator
Shoreline Development Review
k:Alex\sdr\lberkman4
SHORELINE DEVELOPMENT REVIEW COMMITTEE
RESOLUTION 98 - SDRC - 07
WHEREAS, Dezer Properties LLC and Dezer Hotel Management, Ltd. have applied for
approval of a site plan for the proposed Thunderbird West ApartmentIHotel located at 18445
Collins Avenue and as fully described in the attached recommendations and site plans, and
WHEREAS, the proposed project consists of a 245,564 square foot 235 unit
apartment/hotel with a retail component and a public baywalk on a 3.136 acre parcel, and
WHEREAS, the subject application as filed with the Metro-Dade Department of Planning
Development and Regulation dated June 3, 1998 requests site plan approval, and
WHEREAS, the Shoreline Development Review Committee considered whether and the
extent to which the project as presented conformed to the Dade County Comprehensive
Development Master Plan and the Biscayne Bay Management Plan, and
WHEREAS, the Shoreline Development Review Committee of Dade County has as one
of its primary responsibilities, the duty to determine the extent to which any plan or development
action, as proposed, is in conformance with Dade County Ordinance 85-14 and the minimum
standards set forth in Dade County Resolution 85-257, and
WHEREAS, the Committee considered the recommendations of Dade County staff, and
WHEREAS, a public meeting of the Shoreline Development Review Committee of Dade
County, Florida, was advertised and held, as required by law, and all interested parties in the
matter were heard, and upon due and proper consideration having been given to the matter;
NOW THEREFORE BE IT RESOLVED, that at its advertised meeting of September 3,
1998, the Biscayne Bay Shoreline Development Review Committee, as moved by W. Chad
Williard and seconded by Thorn Grafton recommended approval of the development action as
presented and enumerated in the attached staff reports and site plans.
The vote on the motion was as follows:
Les Beilinson
Thorn Grafton
Bill Rosenberg
Andrew Witkin
- Yes
- Yes
- Excused
- Abstained
Rosa Epstein - Yes
Caridad Hidalgo-Gato - Excused
Patrick McCoy - Excused
W. Chad Williard - Yes
Motion to approve passed - 4-0.
This resolution constitutes the report of the Shoreline Development Review Committee together
with all exhibits attached hereto submitted to the Board of County Commissioners, Dade County,
Florida pursuant to Dade County Ordinance 85-14 which shall become a part of all hearings
and/or permit records on the proposed development action.
Respectfully submitted,
~~
Chair, Biscayne Bay Shoreline
Development Review Committee
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Date
App. # 96-10Rev
kAlex\sdr\reso9807
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Licensed
Real Estate Brokers
89 Fifth Avenue
New York, N. Y. 10003
Tel: (212) 929-1285
Fax: (212) 633-0057
July 13, 1998
Mr. Alex David
Shoreline Development Coordinator
Metro-Dade Country
111 N.W. 1 Street
Miami, FL 33128
Re: Request for Rehearing for Modification to Shoreline Approval for
Thunderbird West located at 18402-20 Collins Avenue, Sunny Isles
Beach! Application No. 96-567 Shoreline Application 96-10
Dear Mr. David:
On behalf of Dezer Properties LLC, please accept this letter
requesting approval from the Shoreline Development Committee of
Miami-Dade County for a modified 14-story apartment/hotel project.
The applicant has been approved for a 235 unit apartment/hotel
by the City of Sunny Isles Beach.. The proposed project is a 14-story,
125 foot tower with lush landscaping, under cover parking and design
which is visually superior to the previously approved plans. The City
Commission and its staff agreed to approve the plans with modifications
which resulted in moving the building further back from Collins Avenue
to create a larger front setback. As a result the tower of the building was
moved further westward but still within the Shoreline criteria.
The Shoreline Committee on Sept. II, 1997 approved
unanimously plans for a 235-unit, 14-story building for apartment/hotel
use. A copy ofthe resolution #97-5 is attached. The approved plans
indicated a building set back 50 feet from Collins Avenue with a 14-story
tower, fronting Collins Avenue.
The City of Sunny Isles Beach Commission and City staff
indicated they wanted the building set back further from Collins Avenue
and to modify the design to include the ziggarat design of setback terraces
on both the east and west side. These modifications in essence created a
building similar to the one approved in 1997 with several improvements.
The major difference was that the tower was expanded and the tower
setback from the shoreline was reduced by 72 feet. The new plan still
meets shoreline setback requirements. The pedestal setback from the
shoreline remains the same.
The applicant will abide by the conditions listed in the prior
resolution including the public access covenant previously submitted.
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Based on the analysis, the comparison and the design of the new
apartment/hotel which is sensitive to the concerns ofthe Shoreline
Development Ordinance and to the concerns of the neighbors ofthe
project and Sunny Isles community, we would respectfully request that
the application be approved. The only change which directly affects
shoreline criteria is that the tower itself has been moved 72 feet further
west in order to accommodate the concerns raised by the City of Sunny
Isles Beach.
The revised landscape plan, prepared by Andrew Witkin, details
landscaping and salt tolerant species which are an improvement over the
previously approved plans. The applicant has met with staff and the
residents in an effort to provide a revised project which meets the
community a much needed boost to local tourism with a beautiful public-
oriented apartment/hotel and resort complex which will serve the entire
community.
I am enclosing copies ofthe previous resolution and a comparison
chart and analysis of the projects for your review. I trust that the
Shoreline Committee will be favorable towards our request based on the
foregoing information. If you have any questions, please do not hesitate
to call on me.
Very truly yours,
Dezer Properties LLC
BY 6--t k~
Peter Weiner
Enclosures
SHORELINE DEVELOPMENT REVIEW COMMITTEE
RESOLUTION 97 - SDRC - 05
WHEREAS, Dezer Properties LLC and Dezer Hotel Management, Ltd. have applied for
approval of a site plan for the propose Thunderbird West Apartment/Hotellocated at 18445
Collins Avenue and as fully described in the attached recommendations and site plans, and
WHEREAS, the proposed project consists of a 178,434 square foot 235 unit
apartment/hotel with a retail component and a public baywalk on a 3.136 acre parcel, and
WHEREAS, the subject application as filed with the Metro-Dade Department of
Planning Development and Regulation dated July 24, 1997 requests site plan approval, and
WHEREAS, the Shoreline Development Review Committee considered whether and the
extent to which the project as presented conformed to the Dade County Comprehensive
Development Master Plan and the Biscayne Bay Management Plan, and
WHEREAS, the Shoreline Development Review Committee of Dade County has as one
of its primary responsibilities, the duty to determine the extent to which any plan or development
action, as proposed, is in conformance with Dade County Ordinance 85-14 and the minimum
standards set forth in Dade County Resolution 85-257, and
WHEREAS, the Committee considered the recommendations of Dade County staff, and
WHEREAS, a public meeting of the Shoreline Development Review Committee of Dade
County, Florida, was advertised and held, as required by law, and all interested parties in the
matter were heard, and upon due and proper consideration having been given to the matter;
. .
NOW THEREFORE BE IT RESOLVED, that at its advertised meeting of September 11,
1997, the Biscayne Bay Shoreline Development Review Committee, as moved by Bill
Rosenberg and seconded by. Roberto Datorre recommended approval of the development action
as presented and enumerated in the attached staff reports and site plans with the following
provisions and conditions:
I. That additional landscaping be placed in the area between the service drive and
right-of-way and east to Collins Avenue.
2. That more ground cover be added to the pool deck area.
3. That palms be added to the east side of the baywalk to provide additional shading.
4. That some type of plant material, such as vines, be placed on the south side of the
retail area to soften the impact of the wall.
The vote on the motion was as follows:
Les Beilinson - Yes
Rosa Epstein - Yes
Caridad Hidalgo-Gato - Excused
Patrick McCoy - Yes
W. Chad Williard - Excused
Roberto Datorre
Thorn Grafton
Bill Rosenberg
Andrew Witkin
- Yes
- Yes
- Yes
- Abstained
Motion to approve passed - 6-0.
This resolution constitutes the report of the Shoreline Development Review Committee together
with all exhibits attached hereto submitted to the Board of County Commissioners, Dade
County, Florida pursuant to Dade County Ordinance 85-14 which shall become a part of all
hearings and/or permit records on the proposed development action.
submitted,
Les Beilinson, AlA
Vice-Chair, Biscayne Bay Shoreline
Development Review Committee
Spf et) )111
Date
App, # 96-10
k:Alex\sdr\reso9705
..:
EXHIBI'r
.E.- I. A Z ~
'l'racl; "N", less the south 300 teet thereof, J\MENDEO PLAT OF NOR'I'1I
BISCAYNE BEACH, r.ecv.r.~ed ill Plal: Book 44, at !;'age 42, of the Public
Records of n~de County, Florida,
I'~
LESS AND EXCEPT a 20,00 fool; strip of lr;l1d, adjacent to and
contiquous with the Nor-th line of 3aid Tract "N", said strip of
land oeiug a Roadway Oedical:iou, Recorded in Official Records Book
54 at Page 548 of the Public Records of Dade County, Florida; said
20.00 feet strip beinq describ~rl as ~ollows:
Begin at the Northeast: corner of Tract "N" r-nd xun S. 606'20" W.
along the Westerly line of state Road A-I-A (CClllins Avenue) alOl1g
l:he Ea:Jt:el~ly 1.lne or Tract "N", a distance 01. 20.114 feet; 1'hence
run Due West parallel to and 20.00 reet distant Southerly of the
North line o~ Tract "N", a distance o~ 416.06 feet to a Point o~
Curvatur.e of A c:ircul.r curve COIlt.;ilVe Northet'lsterly, and having a
radius or. 20.00 r.eet; Thenco run NorthwesterJ:y and Nox.lherl.y along
the arc o~ said curve, through a central aHgle of 90000 roO", a
distance of 31.42 feet to the Polnt of Int:eroection wiLh the North
l.ille of said Tract "N", said point also bei'lY the S(lutheast~rly
corner ot Lot I, Block 14, GOLDEN SHORES, OCEtN BOULEVARD ESTA'l'ES,
SECTION "D", Recorded in Plat: Book 53 at P;'lJl? 40 of the Public
Rccord~ of 'Jade County, Florida; 'l'hence rUh Due East along th,e
North line of. 'l'ract "N", a distance of 438.20 feet to the Point of
Begi~nin<J,
'I
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DATE:
'/3/Cf8
.
Shoreline Appl. No. 9' . /0 (PeN f) J "ki)
METROPOLITAN DADE COUNTY
BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW
APPLICATION FORM
MUNICIPAL/COUNTY DATA CITY OF (if applicable) Sv..J.JI<JY :]::SLe ~c.t-I
.
DEPARTMENT: ZeN II-JI
DEPT. OFFICIAL WITH PRIMARY RESPONSIBILITY FOR PROCESSING APPLICATION:
"-'lc:..AAet- ~~M~I\.J
ADDRESS: ~ ~LL'~c; ktJe.-
SU~lJl IS~; ~ZIP 33/bO
z ~ FL-
PHONE NO.
APPLICANT DATA
ADDRESS: 8'1
'b62EVL ~~T't.S
F,FTH ~6 II R...
w~
NAME OF APPLICANT:
ZIP NY /000,3.
PHONE NO. ~)..... 41. cr - I ~r
,.
NAME OF OWNER:
SA-NE" A-S t4 P.rl V ~
ADDRESS:
ZIP
PHONE NO.
APPLICATION REQUEST
DEVELOPMENT NAME (if any): -r;j.ut..JJ>S.P8l,e,o W~\
ADDRESS/LOCATION OF REQUEST(S): l~o1.- ~U-INS
y~
/i.r-, I jQ
IS THE SITE ADJACENT TO BISCAYNE BAY?
SECTION
:;.
TOWNSHIP
s-z
RANGE 'f V-
'J.,_.
ZONING DISTRICT ~LL I A
~OLIO (S) 30 - 1...7.0 -(!:)O? - 0""), II / 0 '\-1 "Y"
_. LEGAL DESCRIPTION 5--- ~(,'b H- A-
BRIEF DESCRIPTION OF PROPOSAL:
~'SI~"'" <+ ~'e>e- f7./rt:JvJ .;.., ~!ed- hew fius. ..f I'/-sl-.r
~i:.L rt!A1/~ ,uSer!"- So ;-j,~ as <<.- t1'ir-cv~
&(; 'P- ~ :r~"$: 8~. v' -
PARCEL
SIZE IN
ACRES
DEPARTMENT, BOARD OR OFFICIAL
RESPONSIB~~ FOR THIS
DEVELOPMENT ACTION APPROVAL
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/ 6ry n=- ~y 7i.L.U ~
C ,A-~e:J;.. ')
/
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I HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION FORM IS
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND THAT NO DEVELOPMENT ACTIO~
PERMIT OR APPROVAL SHALL BE ISSUED UNTIL THE SHORELINE DEVELOPMENT REVIEW
HAS BEEN COMPLETED OR TERMINATED, ~
SIGNED: EL- W-'
NAME (PLEASE PRINT): ~~ tJ ~A."V~
Note: When this application form is completed and signed, the applicant is
required to send it along with the required application fee to:
Shoreline 'Development Review Coordinator
Developmental Impact Committee, Suite 1210
Metro-Dade Center
III N,W. First Street
Miami, FL 33128-1973
(305) 375-2589
,.
Mar 23 98 12:39p
03/18/199B 14:31
p.3
3~5-94743Bb
SUNNY ISLES BEACH
PAGE 112
OPINION OF "lTnJE
To: Dade COllQty
With the understanding that this Opinion of Title is furnished to Dade County. as inducement for
acceptance of a DecJaration of UselUnity of TitleIDeclaration of RestrictionslD~ve1opment
Agreernent o. in compliance wilh Chaptet" 28. and lIS an inducement for acceptance of a proposed
final subdivision plat ~vering, covering 1he nal property, hereirud\er described. it i:'f hereby
calitiad that I lJave examined a complete Abstract ofTitfe covering the period from the
beginningtothe_ 16th dayof March , 199...Ji. _.atthehour,of
11 : 00 P. M . J inclusive, of the foIlowiDi described propeny:
Legal description attached hereto and made a part hereof; marked
Exhibit "A".
I am of the opinion that on the last mentioned date. the fee simple title to the above-described
.real property was vested in; DEZER PROPERTIES, L, L. e., a New York limited
liability company
Note: For- LilDited PartDenhip or- .J~int Venfllre iad5eate p~u1ia ~ompr1slug the Liluited.
PartDenbip or Jan.t Veature 8Qd idcatify who Is authorized to execute.
Subj~ct to the foUowine cncumbCallces, liens and other exceptions (If "none" please indicate):
1. RECORDED MORTGAG~:
See Exhibit "B" attached hereto and made a part hereof',
2. RECORDF.D CONSTRUCTION LI_EN5. CONTRACT LJI!:NS AND
JUDGMENTS:
3. GENERAL EXCEPTIONS:
None.
4_ SPF.CIAL EXCEPTIONS.
.../
See Exhibit "e" attached hereto and made a part hereof,
(.-...,lpl.........CWI97))
Mar 23 98 12:40p
e3/1S/1998 14:31 365-947438&
p.4
SlN'lV ISLES BEACH
PAGE: IB
OpiDioD ofTitJe
Page Two
J HEREBY CERTIFY that I have reviewed aU the afolQllc:ntiolled c:ncumbrances and
exception5.
Therefore, it is my opinion tbat the foUowing pany(ies) mUSt join in the agreement in
order to make the agreement a valid and binding covenant On the lands described herein.
Na.me
Interest ,S.pecial EX~ption Nwnbw
Mortgagee Exhibit "B" (A)
Colonial Bank
The following is a descriptioo. of the aforementioned abstnlct and its continuations:
Number ~~y Certifying No. of Entries Period Covered
Owners Title Insurance Policy No. 10 2697 106 00000003 issued through Chicago Title
Insurance Company with an effective date of August 9, 1996. CRT issued through
Attorneys ~itle Insurance Fund, certified through March 16, 1998 at 11:00P.M.
J HEREBY CERTIFY that the legal description contained in this Opinion of TitJe
coincides with, and is the same as, the legal description in the proffered, recordable agreement.
I, the undersigned. furtlu~r certify that I am. an attorney-at-law duly admitted to practice in
the State ofFJorida and a aneznber in good staI1ding of the Florida Bar.
IlespceUUlly subnUU<d tlUs~S-rt1 day of _ ::~~.
~y M. Perlow
Print Name
Florida Bar No. 206725
Addross:
1820 E, Hallangale Beach Blvd,
~allandale. Florida 33009
STATE Of' FLORIDA
coumv OF mmK BROWARD
lbe foregoing instrwnent was acknowledged before me fl1isc:J.S- tf.J day of
March. . 199~ by Jeffrey M. Perlow . wllQ is
peISODa1ly JajQwn to me or haS produced ~ ~as ideutiJi<ation.
~. y Public j
;:;dif10f+ V ~ B 5
My Commission Expires: Print ~~/"I'"II'I""((t(((((t((t((Nt((ttttttt,,:r,
) i1:~PtI( ~ .Lalla J...."'" t'
: .... Notaty';;~~ 1t;~~fFlorida I;. ....oJoIoiIli...,.,...I'l7)!
,,~.;, . ~ ComftUHkm No, Cd 606870 . :
: <".oF~ MyCommi88kmlEllp.1/6/200l;'
Bonded 'fliffiup fIj, N_ !letVJee & Bonding Co . :
')))))))))))))))))))))))))))) ))))))))))))))))))) /
E X II I B I 'f
~
PLAZA
'l'ra'ct "N", less the south 300 feet thereof, l\HmNDED PL1\'l' OF NORTH
BISCAYNE BEACII, recur.:,1ed in Plat Book 44, at );'age 42, of the Public
Records of Dade County, Flqrida,
LESS AND EXCEp'l' ~ 20,00 foot strip of land, adjaceiIt to and
contiguous with the North line of said 'l'ract "N", said strip of
l'and being a Roadway Dedication, Recorded in Official Records Book
54 at Page 548 of tile Public Records of Dade County, Florida; said
20.00 feet strip being described as follows:
Begin at the Northeast corner of 'l'ract "Nfl f'nd run S. 606'20" W,
along the Westerly line of state Road A-1-A (Collins Avenue) along
the Easterly line of'l'ract "N", a distance 01 20 .114 feet; 'fhence
run Due West parallel to and 20.00 feet distant Southerly of the
North line of 'rract "N", a distance of 416.06 feet to a Point of
Curvature of a circular curve concave NortheC\sterly, and having a
radius of 20,00 feet; 'l'hellce rUIl North\-lesterly and Northerly along
the arc of said curve, through a central angle of - 90000' 00", a
dlstance of 31.42 feet to the Point of Interst:1ction with the North
line of sald 'l'ract "N", said point also beiHg the S(lutheast~rly
corner of Lot 1, Block 14, GOLDEN SHORES, OCE1U\f BOULEVARD ES'l'A'l'ES,
SEC'l'ION "I)", Recorded ill Plat Book 53 at Page 4 8 of the Public
REwords of Dade County, J!'lorida; Thence 'rUIl Due East along tl\e
North line of 'rract "N", a distance of 438.20 feet to the Point of
Beginning,
;'
EXHIBIT "B"
A. First mortgage in favor of Jefferson Bank of Florida, now known
as Colonial Bank, dated August 3, 1996, filed August 9, 1996 in
Official Records Book 17309 at Page 4509 of the Public Records of
Dade County, Florida, in the original principal amount of
$7,000,000,00,
B, Assignment of Rents and Leases in favor of Jefferson Bank of
Florida, now known as Colonial Bank, filed August 9, 1996 in
Official Records Book 17309 at Page 4526 of the Public Records of
Dade County, Florida,
C, UCC-l Financing Statements in favor of Jefferson Bank of
Florida, now known as Colonial Bank, filed August 9, 1996 in
Official Records Book 17309 at Page 4529 and August IS, 1996 in
Official Records Book 17314 at Page 1482 of the Public Records of
Dade County, Florida,
D, Assignment of Sovereignty Submerged Lands Lease No, 130174346
in favor of Jefferson Bank of Florida, now known as Colonial Bank,
filed August 9, 1996 in Official Records Book 17309 at Page 4537 of
the Public Records of Dade County, Florida,
EXHIBIT IICII
A, Any claim that any portion of said lands are sovereignty lands
of the State of Florida, including submerged, filled or
artificially exposed lands and lands accreted to such lands.
B, Taxes and assessments for the year 1998 and subsequent years,
which taxes are not yet due and payable,
B, Unity of Title Agreement dated November 4, 1967, filed November
17, 1967, under Clerk's File No, 67R-179084, covering Tract M, less
the South 300 feet and the North 54 feet of the West 210 feet of
Tract N,
C, Easement for storm sewers over the North 10 feet of Tract N
dated June 21, 1954, filed July 16, 1954, in Deed Book 3946, at
Pages 555 and 557, respectively, of the Public Records of Dade
County, Florida,
D. Right-of-Way Easement to Southern Bell Telephone Company dated
January 8, 1974, under Clerk's File No, 74R-13392 of the Public
Records of Dade County, Florida,
E, Riparian or littoral rights are neither guaranteed nor insured.
F, Easements, restrictions and other matters arising from the
Erosion Control Line Plat, filed in Plat Book 134 at Page 47 of the
Public Records of Dade County, Florida,
G, Easements, restrictions and other matters arising from the
Plat of Amended Plat North Biscayne Beach, filed in Plat Book 44,
at Page 42 of the Public Records of Dade County, Florida,
H, As per that Survey dated May 9, 1996 by Zurwelle-Whittaker,
Inc" Commitment No, 120635 (relating to Parcel II):
(1) Easements arising from and related to that utility pole
on the West side of the property, the electric wire
running East to West, then Northwest to Southeast at a
diagonal, then Northeast to Southwest at a diagonal,
signs on the Eastern side of the property,
(2) Encroachment of a 5 foot concrete wall and 3 foot canopy
into that 20 foot road dedication on the North side of
the property.
I, Sovereignty Submerged Lands Lease No, 130174346 recorded April
29, 1993 in Official Records Book 15897 at Page 4111, as renewed by
Renewal of Sovereignty Submerged Lands Lease dated May 21, 1996 and
recorded August 9, 1996,