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HomeMy WebLinkAboutResolution Zoning 98-Z- 21 RESOLUTION NO. 98-Z-21 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR SITE PLAN APPROVAL FOR FIVE SEAS INVESTORS, INC., SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Five Seas Investors, Inc., applied for the following: 1. Special Exception for site plan approval to permit a condominium hotel in the BU-2 district. SUBJECT PROPERTY: A PORTION OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF COLLINS AVENUE (STATE ROAD A-I-A) AND SUNNY ISLES OCEAN BEACH BOULEVARD; THENCE NORTH 86d 20'46" EAST ALONG THE CENTERLINE OF SAID SUNNY ISLES OCEAN BEACH BOULEVARD, FOR 50,65 FEET; THENCE NORTH 05d 33'21" EAST FOR 67.88 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, HAVING FOR ITS ELEMENTS A RADIUS OF 4083.34 FEET AND A CENTRAL ANGLE OF 02d 42'18", SAID POINT BEING THE POINT OF BEGINNING OF A PARCEL OF LAND HEREINAFTER DESCRIBED, SAID POINT ALSO BEING ON THE EASTERLY RIGHT -OF- WAY LINE OF SAID COLLINS AVENUE; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY RIGHT-OF-WAY FORAN ARC DISTANCE OF 192.78 FEET, TO THE POINT OF TANGENCY OF SAID CURVE, THENCE NORTH 02d 51'03" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR 21 1.01 FEET (201.53 FEET, DEED);THENCE NORTH 85d54'46" EAST FOR 500 FEET TO A POINT ON THE SEASONAL HIGH WATER LINE EL.=5.47 N.G.V,D, AS SHOWN IN PLAT BOOK 134, PAGE 47 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG SAID SEASONAL HIGH WATER LINE FOR A DISTANCE OF 435 FEET PLUS OR MINUS, TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD (76' R.O.W.), THENCE RUN SOUTH 86<120'46' WEST ALONG THE NORTHERLY RIGHT OF WAY LINE OF AFOREMENTIONED SUNNY ISLES OCEAN BEACH BOULEVARD, FORA DISTANCE OF 488 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 99d 12'35"; THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF A CURVE FORAN ARC DISTANCE OF 43,29 FEET, TO THE POINT OF BEGINNING, TOGETHER WITH AND INCLUDING THAT PORTION OF SAID PREMISES KNOWN AS THE FISHING PIER AS THE SAME EXTENDS EASTWARD AND OUTWARD INTO THE ATLANTIC OCEAN. SAID PROPERTY BEING HISTORICALLY DESCRIBED AS: ALL THAT CERTAIN TRACT OF LAND LYING IN GOVERNMENT LOT 1 OF FRACTIONAL SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DESCRIBED AS FOLLOWS: START AT POINT, DESIGNATED BY AN IRON PIPE, WHICH IS LOCATED AT THE EAST END OF A BASE LINE THAT IS 16.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD, AS SHOWN ON AMENDED PLAT OF BELLA- VISTA SUBDMSION, AS RECORDED IN PLAT BOOK 8, AT PAGE 128, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, RUN 152,00 FEET WEST ALONG SAID BASE LINE; THENCE BY AN ANGLE DEFLECTING 90 DEGREES TO THE RIGHT, A DISTANCE OF 60.00 FEET TO A POINT OF Resolution No, 98-Z- 21 -1- BEGINNING; THENCE CONTINUING ALONG THE SAME LINE, BEING THE EAST LINE OF THE COUNTY ROAD KNOWN AS GOLDEN BEACH ROAD, A DISTANCE OF 230.00 FEET MEASURED DUE NORTH AND SOUTH TO THE NORTH PROPERTY LINES; THENCE EAST ON A LINE PARALLELING THE AFORESAID BASELINE A DISTANCE OF 300.00 FEET MORE OR LESS TO THE HIGH WATER MARK OF THE ATLANTIC OCEAN, THENCE SOUTH ALONG THIS MEANDERING HIGH WATER MARK A DISTANCE OF 230.00 FEET MORE OR LESS, TO THE INTERSECTION OF SAID LINE WITH A LINE PARALLELING SAID BASE LINE AND 60.00 FEET NORTH OF SAME; THENCE WEST PARALLELING SAID BASE LINE A DISTANCE OF 273.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; TOGETHER WITH ALL THAT PART OF GOVERNMENT LOT 5 OF SECTION 11 AND GOVERNMENT LOT 1 OF SECTION 14, IN TOWNSHIP 52 SOUTH, RANGE 42 EAST, DESCRIBED AS FOLLOWS: START AT A POINT ON THE NORTH BOUNDARY LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD 76.00 FEET NORTH OF THE NORTHEAST CORNER OF LOT 36, OF BELLA VISTA SUBDIVISION, ACCORDING To THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, AT PAGE 128, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE EAST ALONG THE NORTH LINE OF SAID SUNNY ISLES OCEAN BEACH BOULEVARD PRODUCED EASTERLY A DISTANCE OF 134.04 FEET TO A POINT, THENCE DEFLECTING TO THE LEFT AT AN ANGLE OF 80d47'25",RUNNORTHEASTERLY233.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ON THE SAME COURSE A DISTANCE OF 201.53 FEET, THENCE DEFLECT TO THE RIGHT AT AN ANGLE OF 80d21'25", A DISTANCE OF 309.00 FEET MORE OR LESS TO THE HIGH WATER MARK OF THE ATLANTIC OCEAN, THENCE MEANDERING THE HIGHWATER MARK OF THE ATLANTIC OCEAN IN A SOUTHERLY DIRECTION TO A POINT WHERE THE HIGH WATER MARK OF THE ATLANTIC OCEAN WILL BE INTERSECTED BY A LINE DRAWN PARALLEL TO AND 230.00 FEET DUE NORTH FROM THE NORTH LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD PRODUCED EASTERLY, THENCE IN A WESTERLY DIRECTION ALONG SAID LINE PARALLEL TO AND 230,00 FEET DUE NORTH FROM THE NORTH LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD, PRODUCED EASTERLY 272.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, SAVE AND EXCEPT CERTAIN PORTIONS OF THE ABOVE DESCRIBED LANDS PREVIOUSLY DEEDED BY SUNNY ISLES CLUB, INC, TO THE COUNTY OF DADE FOR PUBLIC HIGHWAY PURPOSES WHICH SAID PORTIONS OF THE ABOVE DESCRIBED LAND ARE STILL HELD BY THE COUNTY OF DADE AND HAVE NOT BEEN RECONVEYED TO SAID SUNNY ISLES CLUB, INe. TOGETHER WITH AND INCLUDING THAT PORTION OF SAID PREMISES KNOWN AS THE FISHING PIER AS THE SAME EXTENDS EASTWARDS AND OUTWARD INTO THE ATLANTIC OCEAN. SAID PROPERTY SITUATE, LYING AND BEING IN DADE COUNTY, FLORIDA CONTAINING 230,942 SQ, FT OR 5.3 ACRES MORE OR LESS. ADDRESS: 16701 Collins Ave; and 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; Resolution No, 98.Z.21 -2- NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. The request for Special Exception for site plan approval to permit a condominium hotel in the BU-2 district is hereby approved, subject to the following conditions: a. 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 b. That in the approval ofthe plan, the same be substantially in accordance with that submitted for hearing entitled "Westgate Condominium" prepared by Kobi Karp consisting of 31 sheets dated 7/10/98 and landscape plans prepared by Witkin Design Group dated 7/14/98 consisting of 3 sheets. Plans may be modified at public hearing. c. That the use be established and maintained in accordance with the approved plans. d. 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. e. 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 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. f. That the Applicant voluntarily proffers a Declaration of Restrictions and Unity of Title acceptable to the Building Official provided required parking for the hotel and condominium hotel on the parcel directly across Collins Avenue. g. That the Applicant complies with all conditions and requirements of the Department of Environmental Resources Management (DERM), the Fire Department and the Florida Department of Transportation. h. That the Applicant will abide by all City and County ordinances relating to the hours of operation for construction commencement and termination. 1. That the Applicant will use their best effort to minimize vibration and noise during Resolution No, 98-Z.21 -3- the construction of the project. 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 17th day of September, 1998. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Co By: . j ,.~ AfuSsF~' , 'J 1',,', "" . ',. "J J ".'" tk.t I .,.._~jlJ" ,/~~~~ ~',~~harit BrownjIflorilla, City Clerk ~," ...,': \ ;"i,;.) , ..P...,~ 4-, ' (",j J.. .~" APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: Vice Mayor Turetskymoved and Commissioner Morrow seconded approval of the requested zoning modifications, and upon a roll call the vote was 5 - 0 in favor: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow &'/yes _no --&es_no ~es no ~es_no JLyes no Resolution No, 98-Z.21 -4- STATE OF FLORIDA ) )ss: 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-21 adopted by the City Commission at its meeting held on the 17th day of September, 1998. ~'t-" A t L Issued this ~ day of \. ) c.'\\:> IH__ ,2001. -1'l .". , ~. LMD\ch Resolution No, 98-Z-21 -5- Memo To: City Commission From: Michael S. Berkman, Building Official Subject: Five Seas Investors, Inc. (Z98-12) Planning Recommendation Date: September 17, 1998 RECOMMENDATION Staff recommends that the City Commission find the proposed site plan to be in accordance with the requirements of the zoning code and to be in compliance with the requirements of the Land Use Element of the Comprehensive Development Master Plan. REASON & ANALYSIS The proposed project is to be located on the site of an existing hotel complex which is located within a BU-2 zoning district. The underlying land use designation of the current Comprehensive Development Master Plan is "Business/Office". The comprehensive plan specifically designates "Hotel"use as being a "Business/Office use(See"Business and Office"on page I-35 of the CDMP). The comprehensive plan lays out specific guidelines for use in making site plan and zoning determinations such as are appropriate in this instance. "In reviewing zoning requests or site plans,the specific intensity and range of uses, and dimensions, configuration and design considered to be appropriate will depend upon locational factors, particularly compatibility with both adjacent and adjoining uses,and availability of highway capacity, ease of access and availability of other public services and facilities. Uses should be limited when necessary to protect both adjacent and adjoining residential use from such impacts as noise or traffic..."' The subject site is located on the shoreline east of Collins Avenue at the intersection of two roadways which are designated as"Major Roadways"on the Land Use Plan Map of the CDMP. It is one of the most accessible sites within the city. The parcel is located within an area where all of the adjacent and adjoining properties consist of large scale residential high rise towers.Immediately to the south are three (3) 29 story towers. The parcel to the north contains a 24 story tower. Immediately west of the proposed project is a large parcel of land zoned BU-2 which is scheduled 'See page I-35 of the Comprehensive Development Master Plan. (ob July 16,1998 Z97000480a(C) to contain a parking facility which will serve the needs of this project as well as provide accessible public parking for beach access through Samson Park.It should be noted that Samson Park provides added setback buffer between this project and the existing high rise structures to the south. The proposed project meets all of the zoning requirements for the BU-2 district.No variances of any kind are required to permit the construction of this project as submitted.All setbacks are adequate.There is adequate open space to permit the requested height and,the Hotel use itself was approved by Dade County decades ago for this parcel. The proposed high rise tower is similar in nature and configuration to adjoining and adjacent high rises. However, it should be stressed that all of the adjacent and adjoining high rise structures required numerous variances to permit their construction.Virtually all of these large scale structures have height, setback, FAR and lot coverage variances. This proposed hotel structure requires no variances whatsoever. It meets all of the requirements of the zoning code. As has previously been pointed out,the proposed project site is easily accessed. The site, located at the junction of two major roadways, is also located within the designated Dade County Urban Boundary. Traffic concurrency is not a requirement for development within the Urban Boundary. However, all available data regarding traffic flow rates and levels of service on the subject effected roadways indicates that there will be no adverse impact to the planned level of service for either road as a result of this development. There is adequate water and sewer capacity to service this project. There is adequate solid waste capacity to accommodate this development. The project is located on a public beach within .5 miles of the Haulover Beach Park facility. This hotel project will increase the accessibility and quality of the outdoor recreational opportunities available to Floridians and to tourists alike. It represents a major investment in the improvement of already existing beach hotel facilities. Unlike the construction of condominiums and rental apartments, this project will not appreciably increase the population of a Coastal High Hazard area. It will not adversely impact schools. It will not adversely impact emergency services. It will not adversely impact sensitive coastal habitat. It is a commercial hotel facility,not a residential development. The Land Use Plan Map of the CDMP anticipates exactly this type of development along the beach through its designation of this area as"Business Office".The zoning map anticipates such development as well through the BU-2 designation of the subject parcel. Staff finds that this proposed development is consistent with the Land Use Element of the Comprehensive Development Master Plan.Staff further finds that the proposed project meets or exceeds the requirements necessary for a finding of"site plan approval". Respectfull/.ubmitted, / f 1/11/1 chael S. er an Buildin g Official MEMORANDUM To: City Commission Front Jorge L. Vera Zoning and Code Administrator Date: September 17, 1998 Subject: FIVE SEAS INVESTORS, INC. ( Z98-12) RECOMMENDATION Staff recommends approval with conditions of the applicants request for a special exception for site plan approval for a condominium hotel. REASONS The proposed project is located between Collins Avenue and the Atlantic Ocean, north of Sunny Isles Blvd. and consists of 5.3 acres. The property is zoned BU2 and is currently being used as a hotel site. The 2005- 2015 Comprehensive Development Master Plan (CDMP) designates the property as Business and Office use. The Land Use Element of the CDMP permits,residential uses and the mixing of residential use with commercial, office and hotel uses within the Business/Office land use designation. The property has a history consisting of several public hearings. The property owner requested variances from the zoning code as well as modification of plans, when it was under the jurisdiction of Miami Dade County. After a review of previous resolutions and plan approval that the county had on record, staff concluded that the County never approved a plan which showed the entire subject property with all its amenities. Although there is a legal argument from the property owner that the proposed tower can be built as of right, it is staff's opinion that the applicant has to come before the City for site plan review and approval for the proposed building. The applicant is requesting a special exception for site plan approval to permit a 40 story condominium hotel. The proposed new structure is to be located along the southern portion of the property abutting the existing 11 story hotel. The parcel to the south of the subject property has 3 existing towers of 29 stories each. The parcel to the north has a 24 story tower. While the applicant is proposing a building which is 11 stories higher than the structures in the adjoining property, staff acknowledges the fact that the proposed and existing buildings on the site do not require any variances from the code. The proposed tower is providing a greater setback, less mass and area than the buildings on the properties to the north and south. Staff recommends approval with conditions of the applicants request. The proposed building does not create an unfavorable effect to the economy of City of Sunny Isles Beach while meeting the levels of service required by the County. The proposed and existing buildings on the site are compatible with other buildings along the Collins Avenue corridor. Staff's review of the site plan will ensure the City that the proposed and existing structures on site are under full compliance of the code, thereby eliminating any previous discrepancies that had occur under previous resolutions. Page 2 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 2. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled"Westgate Condominium" prepared by Kobi Karp consisting of 31 sheets dated 7/10/98 and landscape plans prepared by Witkin Design Group dated 7/14/98 consisting of 3 sheets. Plans may be modified at public hearing. 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 voluntarily proffered a declaration of restriction and unity of titled acceptable to the Building Official provided required parking for the hotel and condominium hotel on the parcel directly across Collins Avenue. 7. 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. 8. That the applicant will abide by all City and County ordinances relating to the hours of operation for construction commencement and termination. 9. That the applicant will use their best effort to minimize vibration and noise during the construction of the project. \spectfully sub 'tted, Jorg; L.Ver , Zo' g and ode Administrator 8/21/98 Z98-12 11/14-52-42 FIVE SEAS INVESTORS, INC. 1. Special Exception for site plan approval to permit a condominium hotel in the BU-2 district. Plans are on file and may be examined in the Building, Planning and Zoning Department entitled "Westgate Condominium" prepared by Kobi Karp consisting of 31 sheets dated 7/10/98 and landscape plans prepared by Witkin Design Group dated 7/14/98 consisting of 3 sheets. Plans may be modified at public hearing. LEGAL : APORTION OF SECTION 14,TOWNSHIP 52 SOUTH,RANGE 42 EAST,DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCE AT THE INTERSECTION OF COLLINS AVENUE(STATE ROAD A-1-A)AND SUNNY ISLES OCEAN BEACH BOULEVARD; THENCE NORTH 86d 20'46" EAST ALONG THE CENTERLINE OF SAID SUNNY ISLES OCEAN BEACH BOULEVARD, FOR 50.65 FEET; THENCE NORTH 05d 33'21"EAST FOR 67.88 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, HAVING FOR ITS ELEMENTS A RADIUS OF 4083.34 FEET AND A CENTRAL ANGLE OF 02d 42'18", SAID POINT BEING THE POINT OF BEGINNING OF A PARCEL OF LAND HEREINAP MR DESCRIBED, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID COLLINS AVENUE; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY RIGHT- OF-WAY FOR AN ARC DISTANCE OF 192.78 FEET, TO THE POINT OF TANGENCY OF SAID CURVE,THENCE NORTH 02d 51'03"EAST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR 21 1.01 FEET(201.53 FEET, DEED);THENCE NORTH 85d54'46"EAST FOR 500 FEET TO A POINT ON THE SEASONAL HIGH WATER LINE EL.=5.47 N.G.V.D.AS SHOWN IN PLAT BOOK 134,PAGE 47 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA;THENCE RUN SOUTH ALONG SAID SEASONAL HIGH WATER LINE FOR A DISTANCE OF 435 FEET PLUS OR MINUS, TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD(76' R.O.W.),THENCE RUN SOUTH 86d20'46'WEST ALONG THE NORTHERLY RIGHT OF WAY LINE OF AFOREMENTIONED SUNNY ISLES OCEAN BEACH BOULEVARD,FOR A DISTANCE OF 488 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 99d 12'35"; THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF A CURVE FOR AN ARC DISTANCE OF 43.29 FEET,TO THE POINT OF BEGINNING,TOGETHER WITH AND INCLUDING THAT PORTION OF SAID PREMISES KNOWN AS THE FISHING PIER AS THE SAME EXTENDS EASTWARD AND OUTWARD INTO THE ATLANTIC OCEAN. SAID PROPERTY BEING HISTORICALLY DESCRIBED AS: ALL THAT CERTAIN TRACT OF LAND LYING IN GOVERNMENT LOT 1 OF FRACTIONAL SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DESCRIBED AS FOLLOWS: START AT POINT, DESIGNATED BY AN IRON PIPE, WHICH IS LOCATED AT THE EAST END OF A BASE LINE THAT IS 16.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SUNNY ISLES Page 2 OCEAN BEACH BOULEVARD, AS SHOWN ON AMENDED PLAT OF BELLA- VISTA SUBDIVISION, AS RECORDED IN PLAT BOOK 8. AT PAGE 128, OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA, RUN 152.00 FEET WEST ALONG SAID BASE LINE; THENCE BY AN ANGLE DEFLECTING 90 DEGREES TO THE RIGHT,A DISTANCE OF 60.00 FEET TO A POINT OF BEGINNING;THENCE CONTINUING ALONG THE SAME LINE, BEING THE EAST LINE OF THE COUNTY ROAD KNOWN AS GOLDEN BEACH ROAD,A DISTANCE OF 230.00 FEET MEASURED DUE NORTH AND SOUTH TO THE NORTH PROPERTY LINES; THENCE EAST ON A LINE PARALLELING THE AFORESAID BASELINE A DISTANCE OF 300.00 FEET MORE OR LESS TO THE HIGH WATER MARK OF THE ATLANTIC OCEAN, THENCE SOUTH ALONG THIS MEANDERING HIGH WATER MARK A DISTANCE OF 230.00 FEET MORE OR LESS, TO THE INTERSECTION OF SAID LINE WITH A LINE PARALLELING SAID BASE LINE AND 60.00 FEET NORTH OF SAME;THENCE WEST PARALLELING SAID BASE LINE A DISTANCE OF 273.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; TOGETHER WITH ALL THAT PART OF GOVERNMENT LOT 5 OF SECTION 11 AND GOVERNMENT LOT 1 OF SECTION 14,IN TOWNSHIP 52 SOUTH, RANGE 42 EAST, DESCRIBED AS FOLLOWS: START AT A POINT ON THE NORTH BOUNDARY LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD 76.00 FEET NORTH OF THE NORTHEAST CORNER OF LOT 36,OF BELLA VISTA SUBDIVISION,ACCORDING To THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 8,AT PAGE 128,OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA;THENCE EAST ALONG THE NORTH LINE OF SAID SUNNY ISLES OCEAN BEACH BOULEVARD PRODUCED EASTERLY A DISTANCE OF 134.04 FEET TO A POINT, THENCE DEFLECTING TO THE LEFT AT AN ANGLE OF 80d47'25",RUN NORTHEASTERLY 233.06 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING NORTHEASTERLY ON THE SAME COURSE A DISTANCE OF 201.53 FEET, THENCE DEFLECT TO THE RIGHT AT AN ANGLE OF 80d21'25", A DISTANCE OF 309.00 FEET MORE OR LESS TO THE HIGH WATER MARK OF THE ATLANTIC OCEAN, THENCE MEANDERING THE HIGHWATER MARK OF THE ATLANTIC OCEAN IN A SOUTHERLY DIRECTION TO A POINT WHERE THE HIGH WATER MARK OF THE ATLANTIC OCEAN WILL BE INTERSECTED BY ALINE DRAWN PARALLEL TO AND 230.00 FEET DUE NORTH FROM THE NORTH LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD PRODUCED EASTERLY,THENCE IN A WESTERLY DIRECTION ALONG SAID LINE PARALLEL TO AND 230.00 FEET DUE NORTH FROM THE NORTH LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD, PRODUCED EASTERLY 272.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, SAVE AND EXCEPT CERTAIN PORTIONS OF THE ABOVE DESCRIBED LANDS PREVIOUSLY DEEDED BY SUNNY ISLES CLUB,INC.TO THE COUNTY OF DADE FOR PUBLIC HIGHWAY PURPOSES WHICH SAID PORTIONS OF THE ABOVE DESCRIBED LAND ARE STILL HELD BY THE COUNTY OF DADE AND HAVE NOT BEEN RECONVEYED TO SAID SUNNY ISLES CLUB,INC. TOGETHER WITH AND INCLUDING THAT PORTION OF SAID PREMISES KNOWN AS THE FISHING PIER AS THE SAME EXTENDS EASTWARDS AND OUTWARD INTO THE ATLANTIC OCEAN.SAID PROPERTY SITUATE,LYING AND BEING IN DADE COUNTY,FLORIDA CONTAINING 230,942 SQ. FT OR 5.3 ACRES MORE OR LESS. LOCATION: 16701 Collins Ave SIZE OF PROPERTY: 5.3 ACRES ZONE: BU-2 FIVE SEAS INVESTORS, INC East of Collins Ave and South of 5.3 acres 430 frontage Sunny Isles Blvd Permitted Provided by Code LOT COVERAGE 21.67% 40% DENSITY 138 u/a N/A F.A.R. (floor area ratio) 2.73 3.27 LANDSCAPE 19.97% 17.22% required BLDG. HEIGHT 392.91ft N/A No. UNITS 736 N/A PARKING 647 538 required SETBACKS N 51.5 ft 15 ft required S 19.16 ft 15 ft required E 100 ft 25 ft W 65.6ft 20ft - ,N,. . r SEE f-S2-4.t II 7 SUNNY ISLES (0 EAV BEAC•4/ S ' r 13 12 e+ .7. �* i r. A, • I •• c- 1.1• -.11 i C7 "'' i NI o _. . qt,) .. --- r • . I Yk\?� Ems. I I I Q I - ��\ r_ c , 74 ( , v • it TLp,�iTIC V .4. ; ! �•1 - __________ wA. vl i 1 _. ,¢D'STR/P SOLD,te)`� i� I ��� ; 1 V' `},�I II i m SEE PE50N_°677 G. i � , 1 ,4.4 7 '. T 0 E . 1ti.a " '. C 4( - �1 *4 1 • 1 . • -i--, ! _i�O1NCIA1NIN� W TE-- --- - .1 ' - _ 7Z . .. 1 �'- r _ - - 1-- K:. rXI...'r k S-43)LOT[ t-8 L r. , I- --�'f _ - t: r n , 4 ____.________.__........___"j;. i U., i t 7 ,? C T B • F --- 1 L--- yG, - --- r avy 445 Po..-(-1S 411,i wrst- _ �'1 ----- - V vor78./')r46•. , _ i d� se Evs� 7� BILzIN SUM1aERG DUNN PRICE & AXELROD LLP A pAATNCRSM■•or AROrtl1IONAL A110CIAT'ON• 2100 FIRM?UNION rINANCIAL CCMTih ALAN b.A*[LROO,P.A. 100 9OUT• 91sCAT•1C, 9OULtvAAO • MIAM1, rLOAIOA 23131-1330 ARNOLD A.SHOWN ILAN L.SIL[IN,',A.• tCL[rMONC: 13091 374-7000• Ihr000lLLIN.COM CNRcstO/NtR O.IRemN ALUM.C.DOTSON,JP.,•A. THOMAS P.CAA* RiCMARb b1:NN,LA. PAX:(3e51 374-7593 • SAOWANO.19141 401-9000 SH[NNIL N.COLOM,O JCrrwtr O.D[CAALO AUDNCT A.[Nr.R. A. NAMC�•S.OLIMCM[k, TACO■J.. 3N[R,h.A, AAOULL M.OONCALC2 RICHARD L.M.PO�TIrCI ,,A. scar?O.I•RAVtTZ AICN.L M.OOLDA.. P.A. JOHN M.KUHN ALAN J.NAVVY,OOIS S.A. NICHAtL W.LARNIN ARVIN 0.LOOIl0 CIL, A.Vicky L(IVA CMT[R A M MCHTAL L, A.A. 11.1114M J.POMtIOA1 NONM SA. MCMTA. rc. -MANN",N.•NOCTOA NOMMAD C.NCLP OWI P. h.A.•• cHAALC$H.AATNtN MOWARD C. CAI. ON.O.A. CMRIOTOMM[P H.OAIA MAP�I[C.N aler, RA• StAC[T L.OILv[AMAN p.h111c[,�.w. J. MARTIN A.OCMWAPTZ,1.A.• UAOA ITNN!.W U PIDA JOHN C./r CKCM,, A. June 3, 1998 MI?CMCLL C.WIOOM,P.A. RICM•RO b. MO/40P[.CIA.• MARL J.STON[,S.A.- or COUNSEL •ALS•A MENDER OP N[W TORN OAR '/ ”ALSO A M[MO[R or DC[AR r Mr.Jorge Vera �p`� ' ���0 Zoning Administrator City of Sunny Isles Beach �' 17070 Collins Avenue �� , ,�@, Sunny Isles Beach,FL 33160 ,��0 �@�" Re: Letter of Intent- Westgate Condominium I- -i el . G'� Dear Mr. Vera: This firm represents the owners and developers of the proposed Westgate Condominium Hotel, located at the.northeast corner of 163rd Street and Collins Avenue. Please accept this as our letter of intent for our application for special exception for site plan approval for a residential condominium hotel in a BU-2 Zoning District. We are also requesting an approval to allow for project parking to be located across Collins Avenue,west of the subject parcel. - • . _ - . :._- -- - - • . 1 -. . I -. -. - - - --•'• _,. We will be proffering a Unity of Title to join both of these properties for the purpose of providing parking for the site. We believe that this will allow us to minimize the height of our building and still retain the appropriate view corridors which are required by the Code, and which we believe are desirable for development along the east side of Collins Avenue. We have enclosed, for your review, the appropriate number of site plans and application packages. Kindly contact me once you have had a chance to review these documents so that we may answer any questions you may have regarding this project. G:\OMZ\13 190110643\019 3170.01 15/3/94 BILZIN SUMBERO DUNN PRICE & AXELROO LLP Mr. Jorge Vera June 3, 1998 Page 2 Thank you in advance for your diligent review of this application. • Sincerely, Howard E. Nelson HEN/mp Enclosure I U ADMZ\7 3190\1 0643\0193,70.111 N3/911 06/03/1998 09:50 305-9453737 KOSI KARP ARCHITECTS rpL,k le 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, vhez the principal officers or stockholders consist of another corporation(s) , trustee(s) , partnership(s) or other a .miler entities, further disclosure shall be required which die loses the identity of the individuals) (natural persons) havir the ultimate ownership interest in the aforementioned entity) , • Fie bus S-iltoS rS, 'STK . tO PORATI0 N °I° .15ou oaf c( MW MINIMW If the property which is the subject of the application is awned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. [Notes beneficiary/beneficiaries consist of corporation(s) ah another trust(s) , partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(.) (natural persons) having the ultimate owner hip interest in the aforementioned entity) . TRUSTlE �— SCO 'd 1d '1,3 `92138I1f1S 'NIf'1I8 S£:PI (a3M)86 ,£0- 'N,'1P 06/03/1990 09:58 305-9453737 KOBI KARP ARCHITECTS PAGE 11 Page" 2 If the property which is the sub}ect of the application is owned or leased by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principa - of the partnership, including general and limited partners. (Note, here the partner(s) consist of another partnership(s) , corporations) t • et(a) or other similar entities, further disclosure shall be requi ed which discloses the identity of the individual(s) (natural persons) ving the ultimate ownership interest in the aforementioned entity) . P T RNIPOtt MTEDP RR P NAME AHD ADO SRC mow.. • — - .� r - If there is a CONTRACT FOR PURCHASE, whether contingent on this a—lication or not, and whether a Corporation, Trustee, or Partnership, at the names of the contract purchasers below, including the principal - fficers, stockholders, beneficiaries, or partners. (Notes where the •rincipal 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 individual(s) (natural persons) having the ultimate ownership in treat in the aforementioned entity] , R NAM. ADQBESS.AMD OTFICg ( if applicable) prsentage of • bate of contract,' - 900 d 'IV '19 '0H31111S 'N I Z1 I9 32:tr I (03C86 ,20- 'NIP 06/93/1998 89:58 905-9453737 KOBI KARP ARCHITECTS PAGE 12 Page 3 If any contingency clause or contract terms involve additional parties list all individuals or officers, if a corporation, partnership, or trust IMMIMMOMMUMOW ?'or any changes of ownership or changes in contracts fo; purchaa subsequent to the date of the application, but prior to the date of fine public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in the application to the best of my knowledge and belief. • • Signature: A` 4s !.!/ (Applicant) _ 7 i. • Sworn to and subscribed `efore me, this � day o _ J ' , 19 g (SEAL) TRACY DYE otary Pubaiq; to -•f deride at Large �M�" MYCOMMISSIONICC42.629 ��. WIRES:December 11,SS unarm Nor Put&� IOen My commission Expires: ) Z- 11......401 ( Disclosure shell not be required of any entity, the equity intaarests i which are regularly traded on an established securities market in t). United States or other Country; or of any entity, the ownerhip intlsrests c which are held in_ a limited partnership consisting of more tlan 5,OC separate interests and where no one person or entity holds moee than total of 5% of the ownership interest in the limited partnership. L00 d 1V '13 '9113011S 'NIZ1Ifl 32:6I (03M)86 ,20- 'Nf1P METROPOLITAN DADE COUNTY, FLORIDA METRODADE EMI ENVIRONMENTAL RESOURCES MANAGEMENT OFFICE OF THE DIRECTOR 33 S.W.2nd AVENUE MIAMI, FLORIDA 33130-1540 (305)372-6754 FAX(305)372-6759 24-AUG-1998 MR. JORGE VERA, DIR. ZONING DIV. 17070 COLLINS AVE. , #250 SUNNY ISLES, FL. 33160 Re: Zoning Hearing # S98000013 ;FIVE SEAS INVESTORS Dear Mr. Vera: DERM has reviewed the subject application and has determined that it meets the minimum requirements of Chapter 24 of the Code of Miami-Dade County, Florida . Accordingly, the application may be scheduled for public hearing. DERM has also evaluated the request insofar as the general environmental impact that may derive from it, and based upon the available information offers no objection to its approval . POTABLE WATER SUPPLY & WASTEWATER DISPOSAL Public water and public sanitary sewers can be made available to this property. Therefore, DERM will require connection to the public water supply and public sewer systems . Notwithstanding the foregoing, in light of the fact that the County' s sanitary sewer system has limited sewer collection/ transmission and treatment capacity, no new sewer service connections can be permitted until adequate capacity becomes available. Consequently, final development orders for this site may not be granted unless adequate capacity in the sanitary sewer collection/transmission and treatment system is available at the point in time when the project will be contributing sewage to the system or if approval for alternative means of sewage disposal can be obtained. Use of an alternative means of sewage disposal shall be an interim measure, with connection to the public sanitary sewer system required upon availability of adequate collection/transmission and treatment capacity. STORMWATER MANAGEMENT A Standard General Environmental Resource Permit from DERM shall be required for the construction and operation of the required surface water management system. The applicant is advised to contact DERM in order to obtain additional information concerning these requirements . All stormwater shall be retained on site utilizing properly designed seepage or infiltration drainage structures . Drainage plans shall provide for full on-site retention of the stormwater runoff of a 5 year storm event . Pollution Control devices shall be required at all drainage inlet structures . Site grading and development shall comply with the requirements of Chapter 11C of the Code of Miami-Dade County. HAZARDOUS MATERIALS MANAGEMENT Due to the nature of uses allowed in the existing zoning classification, the applicant may be required to obtain DERM approval for management practices to control the potential discharge and spillage of pollutants associated with some land uses . The Industrial Facilities Section of DERM should be contacted for further information on required management practices for certain land uses permitted under the existing zoning classification. FUEL STORAGE FACILITIES Section 24-12 .2 of the Code outlines regulations for any proposed or existing underground storage facilities . The regulations provide design, permitting, installation, modification, repair, replacement and continuing operation requirements and criteria. In addition, monitoring devices, inventory control practices and pressure testing of fuel storage tanks is required. The Storage Tank Section of DERM should be contacted for permitting requirements in this regard if any fuel storage facilities are proposed. OPERATING PERMITS Section 24-35 . 1 of the Code authorizes DERM to require operating permits for facilities that could be a source of pollution. The applicant should be advised that the requested use of the subject property may require an operating permit from DERM. It is therefore suggested that the applicant contact DERM concerning operating permit requirements . TREE PRESERVATION Section 24-60 of the Code requires the preservation of tree resources . A Dade County tree removal permit is required prior to the removal or relocation of any trees . The applicant is advised to contact DERM staff for permitting procedures and requirements prior to development of site and landscaping plans . COASTAL A Class I Permit for work in tidal waters will be required for any proposed work on, over or upon tidal waters including but not limited to seawalls, mangrove trimming or removals, etc . Any encroachment waterward of the coastal construction control line (CCCL) will require approval from the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores . It is the responsibilty of the applicant to contact FDEP for their permitting requirements . Pursuant to Section 24 .27 . 1, Miami-Dade County Code, species listed under Policy 8I of the Conservation Element of the Conservation Element of the Comprehensive Development Master Plan may not be sold, propagated or planted. Likewise, the planting of controlled species, such as Scaevola frutescens (S . taccada; S. sericea) (scaevola; half-flower) , Wedelia trilobata (wedelia) and Washingtonia spp. (Washington palm) are prohibited in this location. Additionally, if exotic, invasive vegetation is present at the site, it shall be removed prior to re-development and/or construction and may not be relocated, sold or transported off-site pursuant to the aforementioned Ordinance. In summary DERM offers no objections to the request provided that the applicant properly addresses all Code requirements contained herein. Furthermore, this letter shall consitute DERM' s written approval as required by the Code. Sincerely, Alyce M. Robertson Assistant Director Environmental Res rces Management r CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARINGS '.'' NOTICE IS HEREBY GIVEN that public hearings will be held�by the City Commission of the City of Sunny Isles Beach, Florida,,184he' Commission Chambers, City Hall, Suite 250, 17070 Collinsenue, Sunny Isles Beach, Florida on THURSDAY,SEPTEMBER 17,41998,1 AT 7:00 P.M.,to consider the following Zoning applications: ,,i- C'1. 022/111--552-42 MARINA BAY CLUB,INC. ..k; 1. Modification of Condition#2 of Resolution 4-ZAB-235-92 passed., MIAMI DAILY BUSINESS REVIEW and adopted by the Zoning Appeals Board on the 15th day of July, Published Daily except Saturday,Sunday and 1992 reading as follows: Legal Holidays From:#2–That in the approval of the plan,the same be substan- Miami,Dade County,Florida. tially in accordance with that submitted for the hearing eatMed "Belle Vere Condominium," as prepared by Tomas Ortt{.amd:{ STATE OF FLORIDA Associates, Inc., dated 4/6/92, except as herein modif to'1 COUNTY OF DADE: require that the 8' high garden wall be placed 2' in inn rthe i Before the undersigned authority personally appeared abutting property and that landscaping be provided � : Octelma V. Ferbeyre, who on oath says that she is the property line and said wall. ._ " ! Supervisor, Legal Notices of the Miami Daily Business To:fd2"–That in the approval of the plan the same b � e eu Review flk/a Miami Review,a daily(except Saturday,Sunday in accordance with that submitted for the hearing entitled, and Legal Holidays)newspaper,published at Miami in Dade View Apartments,"prepared by Kobi Karp Architects dated;, County, Florida; that the attached copy of advertisement, 7/20/98 consisting of 10 sheets. .,. being a Legal Advertisement of Notice in the matter of The purpose of this request is to allow the applicant to subm plans showing additional floors and units than previously " 2. Non use variance of setback requirements to permit p 4 -1 CITY OF SUNNY ISLES BEACH building to setback 28.00'(40'required)from the side etreei?tt=fttt,i ZONING HEARINGS 8 northwest)property line and setback 28.75'(40'required))1n , SEPTEMBER 17 , 1998 side(south)property line. • - .:-_ •'• ! 3. Non use variance of setback requirements to permit`propb ed 1 building to setback 34.67' (42.46' required) from the rear'teist) property line. in the XXXXX Court, Aforementioned plans are on file and may be examined In the • Building, Planning and Zoning Department. Plans may be mooted at I was published in sajdgeyvapaper in the issues of public hearing. • ' Alig 28, 1 y 25 LEGAL: Lots 1,2,7,Block 2 and Lot 4 Block 1,*Sunny..- Isles Shores Section A. Plat Book 53•Page 95. LOCATION: South of 183 St.between North Bay Roes tnd;, Atlantic Boulevard. 'AM' '. . Attiant further says that the said Miami Daily Business SIZE OF PROPERTY: 0.8974 Acres 1 3.*Ciii- Review is a newspaper published at Miami in said Dade PRESENT ZONING: RU4A n' County,Florida,and that the said newspaper has heretofore Z_ 970004£ I�(C) been continuously published in said Dade County, Florida, - ,4;2/11A42 each day(except Saturday,Sunday and Legal Holidays)and MARINA BAY CLUB,INC. , '1 -14;}i '' has been entered as second class mail matter at the post 1. Non Use Variance of lot coverage requirements to per office in Miami in said Dade County,Florida,for a period of posed building with a lot coverage of 48%(40%permitt&l).+'X one year next preceding the first publication of the attached 2. Non Use Variance of setback requirements to permit`ei" copy of advertisement;and affiant further says that she has building to setback 31 ft (48 ft to 50 ft required)'from neither paid nor promised any person or corporation (east) property line, setback 46 ft (48 ft to 58.5 ft tftdi any discou abate,commissio 'fund • the purpose the rear(west)property line and setback 43 ft(4713 ft of secur g this advertise ublicati•n in the said from the interior side(north)property line 's-'I .1t4 news..•- 3. Non Use Variance of setback requirements to permit a � // there for proposed //��' p posed building to setback 9 ft(25 ft fe'CT / / the front(east)property line. '' w`f ' Ar---� . Plans are on file and may be examined in the Building,'Plan 1. Zoning Department entitled'Marina Bay Club Suites 13• "`: F by Kobi Karp dated 4-30-98 consisting of`11 sheets= • 2 8 Sw:m g. Subs 8 plans entitled'Marina Bay Condominium"'prepared� ..,n- .A LL Group date revised 8/4/96:Ptan.4'tnaybe rrn'itiiied a •' day. .... •.19 LEGAL: ' ., Lots 4'Through`'LOf 9, -`1• —,/,� Shores Section A``lettordi4 ••'ldt . / "4 ... thereof as recorded in Plat Book '`; H of the Public Records'of Dads' ',. (SEAL) LOCATION: West of North Bay Road between 18(f• M : �I OFFICIAL NOTARY SEAL and 181 Drive :-4'..t.'42,',4, '� Octelma V.Fe • yrreearson knot/0 1W LLERENA SIZE OF PROPERTY: 150 ft x 400 ft c ,ti-' • PRESENT ZONING: RU-4A ti, =-..S .7 ' 2 S e'(, * COMMISUON NUMBER �" y,yti u> sh e CC566004 M �1/f4i t1/F¢+5 ��; -7r y�J ��� MY COMMISSION EXPIRES FIVE SEAS INVESTORS,INC v ltf, FOF FCC JUNE 23.2000 1. Special Exception for site plan approval to permit a condom;I hotel in the BU-2 district. Plans are on file and may be examined in the Building,Planning Zoning Department entitled "Westgate Condominium' prepariy. Kobi Karp consisting of 31 sheets detect 7/10/98 and landscape prepared by Witkin Design Group dated 7/14/98 consisting of 3 sheets.'l Plans may be modified at public hearing. LEGAL: E FEET 'N ' A PORTION OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE BEACH BOULEVARD 76.00 FEE NORTH OF :".THE, 42 EAST, DADE COUNTY, FLORIDA, BEING MORE NORTHEAST CORNER OF LOT 36, OF BELLA VISTA PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT SUBDIVISION. ACCORDING TO THE PLAT THEREOF.-:-AS THE INTERSECTION OF COLLINS AVENUE(STATE ROAD A- RECORDED IN PLAT BOOK 8,AT PAGE 128,OF THE PUBUC, 1-A) AND SUNNY ISLES OCEAN BEACH BOULEVARD; RECORDS OF DADE COUNTY, FLORIDA; THENCE .EAST: THENCE NORTH 86°20'46" EAST ALONG THE CENTERLINE ALONG THE NORTH LINE OF SAID SUNNY ISLES,OCEAN, OF SAID SUNNY ISLES OCEAN BEACH BOULEVARD, FOR BEACH BOULEVARD PRODUCED EASTERLY A DISTANCE OF 1 50.65 FEET;THENCE NORTH 05°33'21 EAST FOR 67.88 FEET 134.04 FEET TO A POINT, THENCE DEFLECTING TO:THE i TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO LEFT AT AN ANGLE OF 80°47'25", RUN NORTHEASTERLY j THE LEFT, HAVING FOR ITS ELEMENTS A RADIUS OF 233.06 FEET TO THE POINT OF BEGINNING; THENCE: 4083.34 FEET AND A CENTRAL ANGLE OF 02°42'18*, SAID CONTINUING NORTHEASTERLY ON THE SAME COURSE-A-, POINT BEING THE POINT OF BEGINNING OF A PARCEL OF DISTANCE OF 201.53 FEET, THENCE DEFLECT TO:MEai LAND HEREINAFTER DESCRIBED, SAID POINT ALSO BEING RIGHT AT AN ANGLE OF 80°2125", A DISTANCE OF 309.00 ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID COLONS FEET MORE OR LESS TO THE HIGH WATER MARK OF THE AVENUE; THENCE NORTHERLY ALONG THE ARC OF SAID ATLANTIC OCEAN;THENCE MEANDERING THE HIGHWA ;j CURVE AND ALONG SAID EASTERLY RIGHT-OF-WAY FOR MARK OF THE ATLANTIC OCEAN IN A SOUTHERLY AN ARC DISTANCE OF 192.78 FEET, TO THE POINT_OF DIRECTION TO A POINT WHERE THE HIGH WATER MAW 3 TANGENCY OF SAID CURVE, THENCE-NORTH 02°51'03" THE ATLANTIC OCEAN WILL BE INTERSECTED BY A EAST ALONG SAID EASTERLY RIGHT OF WAY LINE DRAWN PARALLEL TO AND 230.00 FEET DUE NORTH FR• 211.01 FEET(201.53 FEET,DEED);THENCE NORTH 85°54'46" THE NORTH LINE OF SUNNY ISLES OCEAN : • ,," EAST FOR 500 FEET TO A POINT ON THE SEASONAL HIGH BOULEVARD PRODUCED EASTERLY, THENCE LItt WATER LINE EL.,5 47 N.G.V.D. AS SHOWN IN PLAT BOOK WESTERLY DIRECTION ALONG SAID LINE PARALLE,bMTO 134,PAGE 47 OF THE PUBLIC RECORDS OF DADE COUNTY, AND 230.00 FEET DUE NORTH FROM THE•NORTH • ,• - FLORIDA; THENCE RUN SOUTH ALONG SAID SEASONAL SUNNY ISLES OCEAN BEACH BOULEVARD, PR*•!�'''�° HIGH WATER LINE FOR A DISTANCE OF 435 FEET PLUS OR EASTERLY 272.00 FEET,MORE OR LESS,TO THE PQj MINUS, TO A POINT ON THE NORTHERLY RIGHT OF WAY BEGINNING, SAVE AND EXCEPT CERTAIN PORTIO.- LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD (76' THE ABOVE DESCRIBED LANDS PREVIOUSLY.DEEDFP 8Y.; R.O.W.), THENCE RUN SOUTH 86°20'46' WEST ALONG THE SUNNY ISLES CLUB, INC. TO THE COUNTY OF DADE. •- RIGHT OF WAY LINE OF AFOREMENTIONED PUBLIC HIGHWAY PURPOSES WHICH SAID.PO- • > s y SUNNY ISLES OCEAN BEACH BOULEVARD, .FOR A THE ABOVE DESCRIBED LAND ARE STILL HELD Iri(gRIE DISTANCE OF 488 FEET TO THE POINT OF CURVATURE OF COUNTY OF DADE AND HAVE NOT BEEN RECON ITH A CIRCULAR CURVE TO THE RIGHT, HAVING FOR ITS SAID SUNNY ISLES CLUB, INC. TOGETHER WV =, ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL INCLUDING THAT PORTION OF SAID PREMISES 1 ,•_ ANGLE OF 99°12'35";THENCE WESTERLY AND NORTHERLY 1 THE FISHING PIER AS THE SAME EXTENDS EAST�ff ALONG THE ARC OF A CURVE FOR AN ARC DISTANCE OF■ 'AND OUTWARD INTO :THE- ,.ATLANTIC ;OCEAN ? 4329 FEET,TO THE POINT OF BEGINNING,TOGETHER WITH PROPERTY SITUATE, LYING•AI4D SING•IN ADE ! A FREE AND INDEPENDENT NEWSPAPER VOICE COMMUNITY NEWSPAPERS PUBLISHED MONDAY MIAMI,MIAMI-DADE,FLORIDA . STATE OF FLORIDA COUNTY OF MIAMI-DADE: . Before the undersigned authority personally appeared GEORGIA TAIT who on oath says she is OFFICE MANAGER of Legal Advertising of Community Newspapers,Inc.,published Monday at Miami-Dade, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the Matter of 4 4,, , b'aek. ,`JLy,� In the Court, was published in said r CITY OF SUNNY ISLES BEACH newspap• in the issue alp NOTICE OF ZONING HEARING 4 / /9"f Affiant further says that the said Community Newspaper, pub- !1st-led at Miami-Dade County, Florida.and that the newspaper. NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission has heretofore been continuously published in said Miami-Dade of the City of Sunny Isles Beach,Florida,in the Commission Chambers.City Hall.Suite County, Florida, and has been entered as second class mail 250, 17070 Collins Avenue,Sunny Isles Beach.Florida,on Thursday,September 17, matter at the post office in Miami,Florida,Miami-Dade County. 1995,at 7:00 p.m..to consider the following Zoning application: and additional mailing offices, for a period of one year next preceding the first publication of the attached copy of adver- !. L'i• us Investors Inc.(Z98-121 tisement;and affiant further says that she has neither paid nor Location: 16701 Collins Ave promised any personrf`rm or corporation any rebate,commis- sion or refund for th p f pose of securing this advertisement to The applicant is requesting special exception for site plan approval to permit a :ublication in the ai n er. // , / / condominium hotel. PROOF OF PUBLIC O VC,41 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,17070 Collins Avenue,Suite 250,Sunny Isles Beach,Florida.33160.The courts have ruled that it is AFFIANT improper to contact a City Commission member individually,either orally or in writing S rn and ubs nbed before a rs about any zoning applications.Any person wishing to address the City Commission at this�; public hearing is asked to register with the City Clerk by completing a public speaker's card 11 day of AP/ 19 . prior to the item being heard.Maps and other data pertaining to this application is available fr pubtfe'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. JESUS TOLEDO ,stir Inquiries regarding this item may be directed to the City's Building,Planning and Zoning Department at(305)947-0606.Please refer to the hearing number when making an inquiry. (Print or typo or stamp commissioned name Of Notary Public) If a person decides to appeal any decision made by the City Commission with respe_ to any matter considered at such meeting or hearing,they will need a record of the - ._ -...2. - ._ _ , proceedings and,for such purpose,may need to ensure that a verbatim record of the 1-;;r:.c.T.-, : ,, proceedings is made,which record includes the testimony and evidence upon which C : n. Ibt.f." the appeal is to be based.This notice does not constitute consent by the City for ;SEAL) . ;: ,'' 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 My Commission Expires: X disability should contact the City Manager at 305-947-0606.no later than 48 hours prior to the proceeding. Personally known_ Community Newspapers 6796 S.W.62nd Avenue South Miami,Florida 33143 (305)669-7355•Fax: (305)661-0954 BF intir ilh"k BROWNING-FERRIS.INDUSTRIES COMMUNITY 1 ,iNQ' Dr. Robert Cornfeld The Cornfeld Group 3850 Hollywood Boulevard Hollywood, Florida 33031 Re: Westgate Condominium Project 16701 Collins Avenue Sunny Isles Beach, Fl Dear Dr. Cornfeld: We foresee no problems with respect to the removal of solid waste from the above referenced site, with the level of waste service that we recommend. We are willing and able to maintain the service levels required. We also foresee no problems with respect to the transportation to and capacity of local landfills/transfer stations/ disposal sites. Sincerely, Sally S Canto Major Accounts Manager • 3840 NW 37 COURT• MIAMI, FLORIDA 33142• (305) 638-3800• FAX: (305) 634-4272 Recycled paper ill VOW 2°4t" City of North Miami Beach, Florida '° PUBLIC SERVICES / ENGINEERING DEPARTMENT PEOPt. September 3, 1998 Mr. John Shepherd West Gate Condo Project 16701 Collins Avenue Sunny Isles, Fla. 33160 Re: West Gate Condo Project(456 Units) - Letter of Water Availability Dear Mr. Shepherd: As per your request,this is to confirm that the City of North Miami Beach Public Services Department is able and willing to serve this site with water service only. There is an 8 inch water main on the east side of Collins Avenue along the frontage of the property. There is also a 20 inch water main to the south of this property along Collins Avenue. Water main extension approvals are reviewed out of this office. Water connection charges (inplant fees and fireflow demand charges) are also calculated here. If you have any additional questions on this process, please do not hesitate to contact me or Ms. Cheryl Frabizio at 948-2980. Very truly yours, yaawL,Ran____ Karim Rossy Sr. Utilities Engineer KR/cf cc: Martin King, Assistant Director of Engineering c:\winword\letters\kr\westgate 2080 N.E. 160 Street • North Miami Beach, Florida 33162-4900 • Telephone: (305)948-2967 • Fax: (305)940-3948 BFI : � , TY ■RQWNING-REMUS.INDUSTRIES Y " Dr. Robert Cornfeld The Cornfeld Group 3850 Hollywood Boulevard Hollywood, Florida 33031 Re: Westgate Condominium Project 16701 Collins Avenue Sunny Isles Beach, Fl Dear Dr. Cornfeld: We foresee no problems with respect to the removal of solid waste from the above referenced site, with the level of waste service that we recommend. We are willing and able to maintain the service levels required. We also foresee no problems with respect to the transportation to and capacity of local landfills/transfer stations/ disposal sites. Sincerely, Sally Stanton Major Accounts Manager • 3840 NW 37 COURT• MIAMI, FLORIDA 33142• (305) 638-3800• FAX: (305) 634-4272 Recycled paper