HomeMy WebLinkAboutResolution Zoning 98-Z- 10
RESOLUTION NO. 98-Z-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, GRANTING A DISTRICT BOUNDARY
CHANGE FROM BU-1 AND BU-1A TO BU-2 TO PERMIT THE
CONSTRUCTION OF A PARKING GARAGE FACILITY; GRANTING A
REQUEST FOR NON-USE VARIANCE OF LOT COVERAGE OF 84.8%;
APPROVING WITH CONDITIONS REQUEST FOR NON-USE VARIANCE
FROM REAR SETBACK FROM THE WEST PROPERTY LINE OF FIVE
FEET; APPROVING A NON-USE VARIANCE TO PERMIT ZERO FOOT
NORTHERN INTERIOR SIDE SETBACK AND A TEN FOOT NINE INCH
SOUTHERN SIDE SETBACK; PERMITTING A NON-USE VARIANCE OF
OPEN SPACE OF 14.9%; AND APPROVING A REQUEST FOR SPECIAL
EXCEPTION FOR SITE PLAN APPROVAL; PROVIDING FOR A
DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Five Seas Investor, Inc., has applied for the following:
1. District Boundary Change BUl and BU lA to BU 2
or in the alternative to request # 1:
2. Use variance to permit a three (3) story parking garage in the BUl and BU lA district as
would be permitted in the BU 2 district.
and with either request
3. Special Exception for site plan approval to permit a proposed commercial parking garage.
4. Non Use Variance oflot coverage requirements to permit proposed parking garage with a lot
coverage of 83.94% (40% permitted).
5. N on Use Variance of setback requirements to permit proposed parking garage to setback 5'
(20' required) from the rear west property line.
6. Non Use Variance of setback requirements to proposed parking garage to setback 0' (5'
required) from the interior side north property line and setback 10.75' ( IS' required) from
the side street south property line.
7. Non Use Variance oflandscape open space requirements to permit proposed development
with an open space of 14.9% (16.72% required).
Resolution 98-Z-10
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SUBJECT PROPERTY: A portion of the South one-half of Section 11, and the North one-half of
Section 14, Township 52 South, Range 42 East, Dade County, Florida, commencing at the Southeast
corner of Tract "A", Plaza ofthe Americas Section One, according to the plat thereof, as recorded in
Plat Book 106, at Page 66, Public Records of Dade County, Florida; thence North 02 degrees, 51
minutes, 03 seconds East along the East line of Said Tract "A" for 74.48 feet, to the Point of
Beginning of a parcel of land hereinafter described; thence North 86 degrees, 20 minutes and 46
seconds East along a line being 74.00 feet North of and parallel with the Easterly prolongation of the
South line of said Tract "A" for 162.13 feet; thence North 85 degrees, 12 minutes, 01 seconds East
for 151.53 feet, to a Point of Curvature ofa circular curve to the left, having for its elements a radius
of 135.81 feet and a central angle of 82 degrees, 20 minutes and 58 seconds; thence Easterly and
Northerly along the arc of said curve for an arc distance of 195.20 feet; thence South 85 degrees, 54
minutes, and 46 seconds West for 129.95 feet; thence North 02 degrees, 51 minutes and 03 seconds
East for 65.79 feet; thence South 85 degrees, 54 minutes and 46 seconds West for 302.21 feet, to a
point on the East line of said Tract "A"; thence South 02 degrees, 51 minutes and 03 seconds West
along the East line of said Tract "A" for 186.73 feet to the Point of Beginning. Said lands lying and
being in Dade County, Florida, and Containing 1.58 acres, more or less.
ADDRESS: Northwest comer of Sunny Isles Beach Blvd and Collins Avenue.
WHEREAS, the public hearing ofthe City Commission was advertised and held as required
by law and all interested parties concerned in the matter were heard; and
WHEREAS, applicant withdrew request #2 for use variance, 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 with respect to all requests; and
WHEREAS, the City Commission finds that based on substantial competent evidence
provided district boundary changes from BU-l and BUIA to BU-2 to permit a three-story parking
garage to be compatible with the area and its development and with respect to all other non-use
variances they would be in harmony with the general purpose and intent of the regulations with no
adverse impact upon the public interest;
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, THAT:
1. The district boundary change to BU-2 to permit a three-story parking garage together with
specific non-use variance request for lot coverage of 84.8% for a rear setback from the west
property line of five feet, for a non-use variance permitting a zero foot northern interior side
setback and a ten foot nine inch southern side setback to permit open space of 14.9% and to
permit the special exception for site plan approval upon the following conditions:
a.
That prior to the issuance of a building permit, the applicant enter into an agreement
with the city which is acceptable to the building official and which ensures the
provision of adequate public parking for the purpose of improving public beach
access in compliance with the intent ofthe open space provisions ofthe CDMP and
Resolution 98-Z-1O
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b.
Resolution 98.Z.1 0
the zoning code.
That the applicant be required to pay for any cross walk and traffic control
improvements deemed necessary as a consequence of this development by the
Department of Transportation or any other agency of the state or county.
c.
That the applicant be required to provide the building official with a planting plan for
the building planters and that the applicant be required to maintain the planters in
accordance with the approved plan in perpetuity or until such time as an alternate
plan is approved by the building official.
d.
That the applicant be precluded from ever converting the proposed tennis courts into
any use other than a "recreational use" without the express consent of the City
Commission, which consent shall only be given upon the provision of adequate
additional recreational open space designed to serve the complex and/or the public at
the same or another mutually acceptable location.
e.
That the applicant be required, prior to the issuance of a building permit, to provide
the building official with an impact study, prepared by a planning organization that,
in the opinion of the Building Official, is qualified to prepare such reports, and which
demonstrates that the proposed development will or will not have any adverse
impacts upon the Level of Service for all traffic ways which may be impacted by the
development. If, in the opinion of the building official, the study demonstrates that
there will be adverse impacts upon effected traffic ways, the applicant shall be
required to make plan revisions and/or improvements which, in the opinion of the
building official, will serve to adequately resolve all level of service deficiencies.
Under no circumstances shall the approved site plan be altered to compensate for
L.O.S. deficiencies in such a manner as to further increase the degree of non-
conformity ofthe project without the approval ofthe City Commission upon a public
hearing.
f.
That a site plan be submitted to and meet with the approval of the 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.
g.
That in the approval of the plan, the same be substantially in accordance with that
submitted for hearing entitled "Westgate Parking Garage" prepared by Kobi Karp
consisting of 4 sheets dated 3/5/98, plans entitled "Survey" prepared by Vieray Inc.
Engineers, Planners and Surveyors dated 10/3/91 and landscaping plan entitled
"Westgate" prepared by Witkin Design Group dated 12/5/92 sheet L-3 and dated
revised 3/5/98 on sheet L-2.
h.
That the use be established and maintained in accordance with the approved plans.
-3-
1. That 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.
J. That a recordable agreement be submitted to and meet with the approval of the
Building Official providing for permanent and safe access for pedestrian and
vehicular traffic within the garage t and particularly for fire, police and other public
service personnel and vehicles. Such agreement shall be executed by the property
owners and any and all parties having an interest in the land, such as mortgages, etc.
and its improvements.
k. That the applicant comply with all conditions and requirements of the Department of
Environmental Resources Management (DERM), the Fire Department and the
Florida Department of Transportation.
1. That the applicant will abide by all City and County ordinances relating to the hours
of operation for construction commencement and termination.
m. That the applicant will use their best effort to minimize vibration and noise during
the construction of the project.
n. Indicate ramp slope on plans and show support columns in garage, they must remain
clear of parking stalls.
o. Declaration of Restrictive Covenants and Opinion of Title granting one hundred
(100) parking spaces for public use be and the same be submitted in acceptable form
to the City.
2. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 28th day of May, 1998.
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Ric~lB~~M~~ ii, City Clerk
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Resolution 98-Z-1 0
-4-
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vice Mayor Turetsky moved and Commissioner Iglesias seconded approval ofthe requested zoning
modifications, and upon a roll call the vote was 4 - 1 in favor:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
V yes_no
LYes_no
LYes no
LYes_no
~es~o
Resolution 98.Z.1 0
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STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
I, RICHARD BROWN-MORILLA, City Clerk of the City of Sunny Isles Beach, Florida, do
hereby certify that the above and foregoing is a true and correct copy Resolution No. 98-Z-1O
adopted by the City Commission at its meeting held on the 28th day of May, 1998.
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Issued this 2.(, -&- day of r- ~, 2002. . ,..:; >.'. ;. '....,J..... .~{t....;'l~:-.. ~.'
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Richard Brown-~ri1Ja ,;:' I.i. r;" ,.
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Resolution 98-Z-10
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Memo
To: City Commission
From: Michael S. Berkman, Building Official
Subject: Five Seas Investors, Inc. (Z980003)
Planning Recommendation
Date: May 14, 1998
RECOMMENDATION
Staff recommends to the City Commission:
1. That,if the applicant does not voluntarily withdraw his request,the City Commission
deny, without prejudice, the applicants request for a use variance which, if granted.
would permit the construction of a three story parking garage facility upon a parcel
of land located partially in a BU 1 district and partially in a BU-1A district.
2. That the City Commission grant the applicants request for a zoning boundary change
which would designate both the BU 1 and the BU-1A portions of the applicants land
as BU-2, thus permitting the construction of a parking garage facility.
3. That the City Commission grant, with conditions, the applicants request for non-use
variance which, if granted, would permit lot coverage of 84.8% (40% permitted).
4. That the City Commission grant, with conditions, the applicants request for a non-
use variance which, if granted, would permit a rear setback from the west property
line of 5'-0" (20'-0" required).
5. That the City Commission grant, with conditions, the applicants request for a non-
use variance which,if granted, would permit a0'-0"(5-0"required)northern interior
side setback and a 10'-9" (15'-0" required) southern side setback.
6. That the City Commission grant, with conditions,the applicants request for non-use
variance which, if granted, would permit the construction of a proposed parking
garage upon a lot with open space of 14.9% (16.72% required).
7. That the City Commission grant,with conditions,the applicants request for a Special
Exception for site plan approval.
,6) C
i
City Commission
Page 2
May 14, 1998
ANALYSIS AND REASONS
Staff concurs with the zoning recommendation. The application submitted fails, in staff's opinion,
to demonstrate the existence of an unreasonable hardship which would deny the applicant the
reasonable use of his property. As a showing of hardship is necessary to enable the granting of a use
variance, the request for a use variance to permit the proposed parking structure to be located in
either a BU 1 or BU-1A district should be either withdrawn by the applicant or, alternatively,denied
without prejudice by the City Commission.
The Future Land Use Map of the Comprehensive Development Master Plan designates the land upon
which the proposed project is to be constructed as"Business& Office Use". The adjacent property
to the north is zoned BU-1A and contains a retail shopping center. The south property line of the
subject parcel is adjacent to the ramped portion of the SR 826 service road right of way. The east
property line is adjacent to the Collins Ave. right of way at the northwest corner of the intersection
of SR 826 and Collins Ave. The west property line is adjacent to a parcel of privately held land
which is designated as part of the RU-4A district and which contains a parking garage structure
similar in nature to the proposed structure.
The land is currently utilized as a surface parking lot. It contains 144 parking spaces and minimal
landscaping. The proposed garage would contain 597 parking spaces on three levels which would
be utilized for both public and private use. It is intended to serve the existing hotel and the public
beach access(Samson Park) which is located on the east side of the Collins Ave.right of way within
a BU-2 zoning district. The existing beach public access park is currently managed by the hotel
complex operations department. If granted,the zoning boundary change would logically extend the
already existing BU-2 district to the east, while at the same time, it would provide much needed
additional parking for both the hotel complex and the public beach.
The requested non-use variances are minor in nature and will have no adverse impact upon the
ability of adjacent property owners to use and enjoy their own properties. The proposed garage use
is compatible with the residential garage structure immediately to the west and is consistent with
the historical use of the parcel.The proposed garage is also deemed,by staff. to be compatible with
the large shopping center use on the adjacent parcel to the north. While it is true that the property
owner is requesting a O'-O' setback along the north property line, it is also true that the subject
property line is adjacent to the windowless rear wall of a shopping center(Marshals) where it will
have no impact whatsoever upon the existing adjacent land use. In effect, the construction of the
garage will create an access alley between the garage and the rear of the shopping center. As the
applicant could build an 8'-O" high wall on his property line by right, creating the alley anyway, it
is not probable that the impacts of the granting of this variance will make any meaningful difference
to the northern shopping center. In any event, the maximum setback required would be only 5 feet.
City Commission
Page 3
May 14. 1998
While the applicant is requesting a small reduction of the southern side setback,he is also proposing
to provide a public walkway which is isolated from the pedestrian hostile SR 826 right of way by
a lavish landscape buffer area. Currently, pedestrians are forced to walk on a narrow sidewalk
sandwiched between the highway and a chain link fence with no buffer between the pedestrians and
the vehicular traffic on the SR 826 service road right of way. In staffs opinion, the proposed plan
represents a significant improvement for pedestrians in this area.
While the applicant is requesting a minor reduction in the landscape open space requirements, the
proposed building is draped in landscape planters and the roof of the proposed structure is slated to
contain recreational open space (tennis courts)as does the neighboring residential garage structure
on the adjacent land to the west.The lot coverage requirements are deceptive in this particular case.
The proposed structure is a parking garage structure. The lot is currently 100% covered by the
existing surface parking lot. Therefore, even though the applicant is requesting what appears to be
a large lot coverage variance,the request actually represents a large increase in the recreational and
open space provision. In this regard, it should be noted that the applicant is proposing to provide
approximately 100 parking spaces within the structure for public use. This will have the effect of
making the beach more accessible to the general public thereby serving the same general intent as
the open space provisions of the zoning code. This, combined with the pedestrian buffer being
provided on the south side will have the cumulative effect of greatly improving the usability of the
public right of way, the public beach and the newly provided recreational and open space areas on
the applicants parcel. It should be noted that these improvements are substantially in accord with
policies of the CDMP designed to implement the enhancement of existing recreational open spaces
within the city.
The applicants requests are in substantial compliance with the provisions of the Land Use Element
of the CDMP. Additionally, the proposed structure will have little or no impact upon the Level of
Service provision (LOS) required for sewer, water, drainage, solid waste and the like.
CONDITIONS
Planning staff concurs with the conditions proposed by zoning staff. In addition, planning staff
recommends that the following conditions be added:
!. That prior to the issuance of a building permit,the applicant enter into an agreement
with the city which is acceptable to the building official and which ensures the
provision of adequate public parking for the purpose of improving public beach
access in compliance with the intent of the open space provisions of the CDMP and
the zoning code.
2. That the applicant be required to pay for any cross walk and traffic control
improvements deemed necessary as a consequence of this development by the
Department of Transportation or any other agency of the state or county.
City Commission
Page 4
May 14, 1998
3. That the applicant be required to provide the building official with a planting plan
for the building planters and that the applicant be required to maintain the planters
in accordance with the approved plan in perpetuity or until such time as an alternate
plan is approved by the building official.
4. That the applicant be precluded from ever converting the proposed tennis courts into
any use other than a "recreational use" without the express consent of the City
Commission, which consent shall only be given upon the provision of adequate
additional recreational open space designed to serve the complex and/or the public
at the same or another mutually acceptable location.
5. That the applicant be required, prior to the issuance of a building permit, to provide
the building official with an impact study, prepared by a planning organization that,
in the opinion of the Building Official,is qualified to prepare such reports,and which
demonstrates that the proposed development will or will not have any adverse
impacts upon the Level of Service for all traffic ways which may be impacted by the
development. If, in the opinion of the building official, the study demonstrates that
there will be adverse impacts upon effected traffic ways, the applicant shall be
required to make plan revisions and/or improvements which, in the opinion of the
building official, will serve to adequately resolve all level of service deficiencies.
Under no circumstances shall the approved site plan be altered to compensate for
L.O.S. deficiencies in such a manner as to further increase the degree of non-
conformity of the project without the approval of the City Commission upon a public
hearing.
MEMORANDUM
To: City Commission
From: Jorge L. Vera
Zoning and Code Administrator
Date: May 14. 1998
Subject: FIVE SEAS INVESTORS. INC. ( Z980003 )
RECOMMENDATION
Staff recommends approval for the District Boundary Change. The special exception for site
plan approval, non use variances for lot coverage, setback and landscaping are also
recommended for approval with conditions. The use variance to permit the parking garage should
be denied without prejudice.
ANALYSIS AND REASONS
The proposed project is located at the northwest corner of Sunny Isles Beach Blvd and Collins
Avenue and consist of 1.57 acres. Currently the property is being used as ground parking for the
existing hotel across Collins Avenue. The property is zoned BUl & BU I A. The 2005-2015
Comprehensive Development Master Plan(CDMP)designates the property as Business and Office use.
The Land Use Element of the CDMP permits in the Business and Office area residential uses. and mixing
of residential use with commercial, and office with hotel uses.
The applicant is seeking to re-zone the property from BU I ( Neighborhood business) and BU 1A
( Limited Business ) to BU2 ( Special Business ) or in the alternative to the above request a use
variance to permit a 3 story parking garage in the existing zoning district. With the approval of
either request the applicant is also requesting special exception for site plan approval, non use
variances for lot coverage, landscaping and setbacks. -
Staff supports the request for district boundary change to BU2. The abutting properties to the
north, south and east are all zoned Business ( BU I, BU2, BU 1 A ). To the north there is an
existing shopping center, to the south is Sunny Isles Beach Blvd with a strip of commercial retail
spaces and across Collins Avenue is an existing hotel. The property to the rear west is zoned
RU4A and it has an existing apartment complex. Therefore, staff feels that the request for the re-
zoning would be compatible with the surrounding area and would be consistent with the CDMP.
The applicant has proposed the re-zoning in order to accommodate the proposed parking garage.
Page 2
The proposed garage will contain 597 parking spaces The garage will provide for both private
and public use. It will service the existing hotel across Collins Avenue and Samson Park
immediately to the south of the hotel. The parking garage will not only benefit the hotel it will
also provide the public the benefit of additional parking close to the beach. Whether or not there
is an approval for the district boundary change. staff is recommending that the Commission deny
the alternative request for a use variance to permit the proposed garage in the existing zoning
district. The applicant has failed to demonstrate that if the requested use variance is not
approved, the applicant will have no reasonable use of the property.
Staff recommends approval for the special exception for site plan approval.. A site inspection by
staff shows the residential property to the west would be the one that would be most affected by
the impact of the structure, staff has taken into account that the site design of the proposed
garage would abut an existing garage servicing the apartment complex creating a buffer between
the proposed garage and the livable units. Therefore, staff feels the proposed garage design is not
out off character with the neighborhood and does not create a nuisance to the adjoining
properties. Staff also recommends for approval for non use variances of lot coverage, setbacks
and landscaping. The applicant has provided an additional 453 parking spaces on two additional
floor in an area of less size than the existing parking lot which currently has 144 parking spaces.
The applicant has also provided a greater setback for the parking spaces from the front and side
street property lines than what is existing. The site plan shows a proposed meandering sidewalk
within their own property away from the flow of traffic of Sunny Isles Beach Blvd for the public
safety. The proposed landscaping plan goes well beyond what existing landscape there is now.
The openings in the garage structure will be enclosed with a trellis and planted with
bouganvilleas and will be buffered with a lush landscape of trees and bushes from the right of
way. The roof top parking will have two tennis courts to service the hotel and portions will also
be landscaped. The applicant has worked with staff and has made an effort to reduce the impact
that the proposed garage structure will create to the neighborhood..
Although the applicant requests seem excessive, staff feels that the proposed project is providing
a greater amount of parking and landscaping than was there before. The design overall is in
harmony with the neighborhood and provides the City with additional off street parking for the
community.
CONDITIONS
1. That a site plan be submitted to and meet with the approval of the 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.
Page 3
2. That in the approval of the plan. the same be substantially in accordance with that submitted for
hearing entitled ''Westgate Parking Garage'prepared by Kolbi Karp consisting of 4 sheets dated
3/5/98. plans entitled"Survey- by Vieray Inc. Engineers, Planners and Surveyors dated
10/3/91 and landscaping plan entitled'`Westgate"prepared by Witkin Design Group dated
12/5/92 sheet L-3 and dated revised 3/5/98 on sheet L-2.
3. That the use be established and maintained in accordance with the approved plans.
4. That 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.
5. That a recordable agreement be submitted to and meet with the approval of the Building Official
providing for permanent and safe access for pedestrian and vehicular traffic within the garage t
and particularly for fire, police and other public service personnel and vehicles. Such agreement
shall be executed by the property owners and any and all parties having an interest in the land,
such as mortgages. etc and its improvements.
6. That the applicant comply with all conditions and requirements of the Department of
Environmental Resources Management (DERM), the Fire Department and the Florida
Department of Transportation.
7. That the applicant will abide by all City and County ordinances relating to the hours of operation
for construction commencement and termination.
S. That the applicant will use their best effort to minimize vibration and noise during the
construction of the project
9. Indicate ramp slope on plans and show support columns in garage. they must remain clear of
parking stalls.
\)Respectfully submitted.
Jorg L. 'V•era.
Zo g an)Code Administrator
,
•
11
FIVE SEAS INVESTORS, INC
Northwest corner of Collins Ave 1.57 acres 135 frontage
& Sunny Isles Beach Blvd
Permitted
Provided by Code
LOT COVERAGE 83.94% 40%
DENSITY 0 u/a 0 unit/acre
F.A.R. (floor area ratio) 0.62 0.62
LANDSCAPE 14.9% 16.72% required
BLDG. HEIGHT 39.98 ft 39.98 ft
No. UNITS 0 0
PARKING 597 144 required
SETBACKS N 0 ft 5 ft required
S 10.75 ft 15 ft required
E +25 ft 20 ft
\fir 5ft 5ft
2980003
11/14.52.42
FIVE SEAS INVESTORS_INC,
1. D.B.C.BUl and BU IA to BU 2
or in the ahemative to request#1:
2. Use vedimce to permit a three(3)story parking garage in the
BU/ and BU 1A district as wood be permitted in the BU 2
MIAMI DAILY BUSINESS REVIEW and with either request:
Published pall 'y except Saturday.Sunday 3. S.E. for site plan approval to permit a proposed commercial
Legal Holidays parking garage.
Miami.Dade County,Florida_ 4. Non-use variance of lot coverage requirements to permit
STATE OF FLORIDA proposed parking garage with a lot coverage of 83.94%(40%
permitted).
COUNTY the OADE: 5. Non-use variance of setback requirements to permit
personally appeared �° � proposed
Before the undersigned authority Pe parking garage to setback 5' (20' required) from the rear west
Su a Supervisor,Y. F egayre,who on oath says that she is the property line.
Supervisor, Legal Notices of the Miami Daily Bu � Y 6. Non-use variance of setback requirements to proposed parking rdo Review okra Miami Review,a deity(except sa t Ma. m_.1 In Dsds garage to setback 0' (5' required) from the interior side north
and Legal Holidays) t itt.a attached published of advarttsernent, property line and setback 10.75' (15 required) from the side
County. Florida; that the attached Copy street south property line.
being a Legal Advertisement of Notice In the matter Of 7. Non-use variance of landscape open space requirements to
permit proposed development with an open space.of 14.9%
CITY OF SUNNY ISLES BEACH (16.72%required).
NOTICE OF ZONING HEARINGS A plan is on file and may be examined in the zoning department en.
titled'Westgate Parking Garage'prepared by Kobi Karp consisting 4
MAY 28 , 19 9 8 sheets dated 315/98, plans entitled 'Survey prepared by Viersy Inc.
Engineers, Planners and Surveyors dated 10/3/91 and landscaping
plans entitled 'Westgate' prepared by Witkin Design Group dated
12/5/92 sheet L-3 and dated revised 3/5/98 on sheet L-2.
in the......................XX.XXX.................................-
he......................XXXXX.................»....•••••••••»»» Court. Legal Description:A portion of the South one-tie-of Section
was published In newspaper in the issues of 11,and the North one-half of Section 14.Township 52 South,
i 9 9 8 Range 42 East, Dade County, Florida. commencing at the
May 8, Southeast comer of Tract'A'.Plaza of the Americas Section
One. according to the plat thereof, as'recorded in Plat Book
106, at Page 66, Public Records of Dade County, Florida;
thence North 02 degrees,51 minutes,03 seconds East along
the East line of Said Tract 'A'for 74.48 feet,to the Point of
Attiant further says that the said Miami Deily Business Beginning of a parcel of land hereinafter described; thence
Review is a newspaper published at IAlam1 h tObore North 86 degrees,20 minutes and 46 seconds East along a
County.Florida.and published In said Dade County,F Florida. Cute being 74.00 feet North of and parallel with the Easterly
been each continuously tw 1 Holldsys)and prolongation of the South fine of said Tract'A'for 162.13 feet;
each day(except Saturday,Sunday and Legal thence North 85 degrees, 12 minutes, 01 seconds East for
has been entered as second class mail matter ae 151.53 teat,to a Point of Curvature of a 01 sec circular curve to the
one y In Miami r said Dada first -cation et tie attached left, having for its elements a radius of 135.81 feet and a
one year next Preceding the tifia t further says that she has central angle of 82 degrees, 20 minutes and 58 seconds;
copy of advertisement;and afftant further says
neither paid nor promised any person'firm or corporation thence Easterly and Northerly along the arc of said curve for
n rebate,camel to tie purpose an arc distance of 195.20 feet;thence South 85 degrees,54
any discount, public ion In the sold minutes,and 46 seconds West for 129.95 feet;thence North
of secu• g this advertise p 02 degrees,51 minutes and 03 seconds East for 65.79 feet;
new thence South 85 degrees,54 minutes and 46 seconds West
''';/ for 302.21 feet,to a point on the East fine of said Tract'A';
�/ "t.Tl thence South 02 degrees.51 minutes and 03 seconds West
""" ' /�rite along the East line of said Tract 'A' for 186.73 feet to the
............
...................... scut
this Point of Beginning. Said lands tying and being in Dade
to and 9 8 County,Florida,and Containing 1.58 acres,more or less.
8 May
1... A.D.19.--
Ardira nemil A Location: Nonnwesi corner of Sunny Isles Beach BM1 and
Y SEAL
CFF CtALliOTAI' Collins Avenue
(SEAL) �`Y R B JANETT ILEAENA Properly Size: 1.57 acres
( !, ftaER Zone: BUt and BU IA.
or n fO meCOM1A590M
Octelma V.Ferbeyre Pe :e C C 5 6 5 0 0 4 •
I
7� 2r;!*r 49 MY COMMk6SION EXPIRES
• -1%-e.Cc f`O JUNE 23,2000
CI
CITY OF SUNNY ISLES BEACH
NOTICE OF ZONING HEARING
NOTICE IS HEREBY GIVEN that public hearing will be held by the City
Commission of the City of Sunny Isles Beach, Florida, in the Commission
Chambers, City Hall, Suite 250, 17070 Collins Avenue, Sunny Isles Beach,
Florida on Thursday, May 28, 1998, at 7:00 p.m., to consider the following
Zoning application which may be of interest to your immediate neighborhood:
3. • FIVE SEAS INVESTORS, INC. (Z980003)
Location: Northwest corner of Sunny Isles Beach Blvd. and Collins
-Ave. (1.57 acres)
The applicant is requesting a district boundary change for neighorhood
• business and limited business (BU1 & BU 1 A)to special business district
(BU2) or in the alternative a use variance to permit a parking garage in
the existing zoning district. Also a request for special exception for site
plan approval and accompanying non use variances.
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 Florida f unn0Iles
Beach, 17070 Collins Avenue,Suite 250,Sunny Isles Beach,
courts have ruled that it is improper to contact a City Commission member
individually, either orally or in writing about any zoning applications. Maps and
other data pertaining to these application are available for public inspection during
normal business hours in City Hall.Any Zoning hearing may be continued at this
meeting and under such circumstances, additional legal notice would not be
provided.
Zoning Department at 947-0606.Plleease refer to the ea ng number when making
an inquiry.
If a person decides to appeal any decision made by the City Commission with respect
to any matter considered at such meeting or hearing, they will need a record of the
proceeding and, for such purpose, may need to ensure that a verbatim record of the
proceeding 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 inadmissable 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 City Manager Jim DiPietro, 947-0606, no later than 48 hours
prior to the proceedings.
/ 0
f
ECKERT SEAMANS CHERIN & MELLOTT, LC
'ATTORNEYS AT LAW;
March 5, 1998
,.•r Sri<fell:t;•,:;:t. l tl,:Too
Jorge L. Vera
\liana rL.;;1;1 Zoning and Code Administrator
I•U,'ix1n•-;+?= :";--';•ti► City of Sunny Isles Beach
.;.- 17070 Collins Avenue
Suite 250
Sunny Isles Beach, FL 33160
RE: Letter of Intent; The Cornfeld Group;
N.W. Corner of AIA, Sunny Isles Boulevard
Dear Mr. Vera:
Pursuant to your departmental rules and regulations, this letter will serve as our
letter of intent in regard to the above-styled zoning application.
The applicant seeks a district boundary change from BU-IA and BU-1 to BU-2 or,
in the alternative, a use variance to permit an automobile parking garage in conformance
with Section 33-253(2)of the Code of Metropolitan Dade County. The parking structure
will permit both private and public parking (582 spaces) to service Dr. Cornfield's
property which is immediately to the east of the subject property, across A1A, and also
serve during the week to provide much needed additional parking for Samson Park.
As you will note from the site plan, the parking garage provides a major landscape
area fronting AlA with lush landscaping throughout the grounds and cascading down the
side of the parking areas. The upper level of the garage will be used as an additional
landscape area and will permit two tennis courts as a recreational amenity to the existing
hotel across the street. We have provided pedestrian-friendly access through the garage
to A IA with additional landscaping along the southern border of the property adjacent
to the roadway which will discourage any conflict between pedestrian and vehicular
traffic.
Miami We look forward to your favorable review and analysis of this application.
Pit t:l'ur It
Very truly yours,
Harri.iarr;
Allentown 6,4 ^
Phii,„,,.'liia Stanley B. Price
SBP:cm
tO4011
cc: Dr. Robert Cornfeld
Fort Lauderdale 73992
Kobi Karp
<a Raton
Ti,llulk,.•,•C
STANLEY B. PRICE
11i,-1tintturl.D.C.
305/ 347-3816
Z98(X)03
1(/14.52.42
FIVE SEAS INVESTORS. INC.
I. District Boundary Change BUI and BU IA to BU 2
or in the alternative to request# I:
2- Use variance to permit a three(3)story parking garage in the BU I and BU IA district as
would be permitted in the BU 2 district.
and with either request
3. Special Exception for site plan approval to permit a proposed commercial parking garage.
4. Non Use Variance of lot coverage requirements to permit proposed parking garage with a
lot coverage of 83.94%(40% permitted).
5. Non Use Variance of setback requirements to permit proposed parking garage to setback 5'
(20'required)from the rear west property line.
6. Non Use Variance of setback requirements to proposed parking garage to setback 0'(5'
required)from the interior side north property line and setback 10.75'( 15' required)from
the side street south property line.
7. Non Use Variance of landscape open space requirements to permit proposed development
with an open space of 14.9% (16.72% required).
A plan is on file and may he examined in the zoning department entitled"Westgate Parking Garage"
prepared by Kobi Karp consisting 4 sheets dated 3/5/98.plans entitled"Survey"prepared by Vieray
Inc. Engineers. Planners and Surveyors dated 10/3/91 and landscaping plans entitled "Westgate"
prepared by Witkin Design Group dated 12/5/92 sheet L-3 and dated revised 3/5/98 on sheet L-2.
Legal Description: A portion of the South one-half of Section 11. and the North one-half of
Section 14.Township 52 South.Range 42 East.Dade County.Florida.commencing at the Southeast
corner of Tract"A". Plaza of the Americas Section One,according to the plat thereof.as recorded
in Plat Book 106.at Page 66,Public Records of Dade County.Florida:thence North 02 degrees.51
minutes. 03 seconds East along the East line of Said Tract "A" for 74.48 feet. to the Point of
Beginning of a parcel of land hereinafter described: thence North 86 degrees. 20 minutes and 46
seconds East along a line being 74.(x)feet North of and parallel with the Easterly prolongation of the
South line of said Tract"A"for 162.13 feet:thence North 85 degrees. 12 minutes,01 seconds East
for 151.53 feet.to a Point of Curvature of a circular curve to the left.having for its elements a radius
of 135.Si feet and a central angle of 82 degrees. 20 minutes and 58 seconds: thence Easterly and
Northerly along the arc of said curve for an arc distance of 195.20 feet:thence South 85 degrees.54
minutes.and 46 seconds West for 129.95 feet:thence North 02 degrees.51 minutes and 03 seconds
East for 65.79 feet:thence South 85 degrees.54 minutes and 46 seconds West for 302.21 feet.to a
point on the East line of said Tract"A":thence South 02 degrees, 5I minutes and 03 seconds\Vest
along the East line of said Tract""A"for 186.73 feet to the Point of Beginning. Said lands lying and
being in Dade County.Florida.and Containing 1.58 acres. more or less.
Location: Northwest corner of Sunny Isles Beach Blvd and Collins Avenue.
Property Size: 1.57 acres
Zone: BUI and BU IA.
P)/
1
LOSUR£ OF INTE• ST*
If the property which is the subject of the application is owned
or leased by a CORPORATION, list the principal stockholders and
the percentage of stock owned by each . (Note: where the
principal officers or stockholders consist of another
corporation(s) , trustee(s ) , partnership(s ) or other similar •
entities, further disclosure shall be required which discloses
the identity of the individual (s ) (natural persons ) having the
ultimate ownership interest in the aforementioned entity] .
riVe---_G eats . h ue4 rS,Tn c.
CORPORATION NAME
Lam. .E • ADDRESS. AND OFF;CF
Jeff-r �. Corn ' II stack
,1 /00�
11
3Z 0 AT ll wood Ga a tt ar- ,, .r«,ie c o
woo tC(arc& 332-/
If the property which is the subject of the application is owned
- or leased by a TRUSTEE, list the beneficiaries of the trust and
the percentage of interest held by each. [Note: where the
beneficiary/beneficiaries consist of corporation(s) , another
trust ( s ) , partnership( s ) or other similar entities , further
disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having the ultimate ownership -
interest in the aforementioned entity) .
TRUST NAME
A c
Dercentage of Int -,fit
•
( 72
•
. .rJ V V V
Page 2
if the property which is the subject of the application is owned or leased
by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of the
partnership, including general and limited partners . [Note: where the
partner(s) consist of another partnership(s) , corporation(s) trust(s) or
other similar entities, further disclosure shall be required which
discloses the identity of the individual(s ) (natural persons) having the
ultimate ownership interest in the aforementioned entity] .
PARTNERSHIP OR LIMITED PARTNERSHIP NAME
NAME AND ADQuaa percentage o Ownership
•
If there is a CONTRACT FOR PURCHASE, whether contingent on this application
or not, and whether a Corporation, Trustee, or Partnership, list the
names of the contract purchasers below, including the principal officers,
stockholders, beneficiaries , or partners . (Note: where the principal
officers, stockholders , beneficiaries , or partners consist of another
corporation, trust, partnership, or other similar entities, further
disclosure shall be required which discloses the identity of the
individuals ) (natural persons ) having the ultimate ownership interest in
the aforementioned entity] .
•
NAME
NAME . ADDRESS .AND OFFICE ( if applicable) percentage of_,Interest
Date of contract:
(/(
• ��va
Page 3
If any contingency clause or contract terms involve additional parties,
list all individuals or officers, if a corporation, partnership, or trust.
•
For any changes of ownership or changes in contracts for purchase
subsequent to the date of the application, but prior to the date of final
public hearing, a supplemental disclosure of interest shall be filed.
The above is a full disclosure of all parties of interest in this
application to the best of my knowledge and belief .
Signature :, (1 / /
(Applicant) i
V c LL Pre_r", ,.;'
Sworn to and subscribed before me,
this 5 day of I%10(0. ,, 19 91
(SEAL)
LILL.
Notary Public, State 'q'f Florida at Large
My Commission Expires : SHEII.A ,• RAMSEY
•
LAnnza.MY25.tne
l
--'44%.01. eared nru Nan Rio u,n,m,nm,
* Disclosure shall not be required of any entity, the equity. interests in
which are regularly traded on an established securities. market. in the
United States or other country; or of any entity, the ownerhip interests of
which are held in a limited partnership consisting of more •:than . 5,000
separate interests and where no one person or entity holds more than
total of 5% of the ownership interest in the limited partnership. - •• •