HomeMy WebLinkAboutResolution Zoning 00-Z- 43
RESOLUTION NO 00-Z-43
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE REQUEST OF
COSCAN OCEAN POINT, INC., REQUESTING MODIFICATION OF
PLANS AND NON USE VARIANCE, SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Coscan Ocean Point, Inc., applied for the following:
1. Modification of Plans approved pursuant to Resolution 5-ZAB-303-96 passed and
adopted by Miami Dade Zoning Appeals Board on the 16th day of October, 1996, reading
as follows:
From:
That in the approval of the plan, the same be substantially in accordance with that
submitted for hearing entitled "Ocean Point Apartment Hotel", prepared by Brito,
Cohan & Associates dated stamped received 9-13-96, and consisting of 13 pages.
To:
That in the approval of the plan, the same be substantially in accordance with that
submitted for hearing entitled "Ocean Point Beach Club", prepared by Brito,
Cohan & Associates dated stamped received 9-23-99 consisting of 11 pages
The purpose ofthis request is to allow the applicant submit plans showing lockout units.
2. Non use variance of lot coverage requirements to permit proposed development with a
lot coverage of 44.78% (40% permitted).
3. Non use variance of floor area ratio (F.A.R.) to permit proposed building with a F.A.R.
of 4.25 (2.5 permitted)(2.99 previously approved).
4. Non use variance of setback requirements to permit proposed apartment/hotel to setback
50 ft. (75 ft. required) from the front (west) property line, to setback 16 ft. (25 ft.
required) from the rear(east) property line and to setback 6.16 ft ( 25 ft. required) from
the interior side (south) property line.
5. Non use variance of Zoning Regulations to permit a view corridor width of 25 ft.(50ft.
required).
6. Non use variance of Zoning Regulations as it applies to building obstruction to permit
proposed development to obstruct 82% (164 ft.) ofthe width of the site above 20 ft. MSL
(50%-100 ft. obstruction permitted).
Resolution No. 00-Z-43
2/24/00 Agenda Item 6E - Coscan Ocean Point
06/07/00 12 :04 PM
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7. Non Use of Zoning Regulations to permit a parking garage structure above 15 ft. M.S.
L. to be located within the view corridor (not permitted).
8. Non Use Variance of Parking requirements to permit a total of 316 parking spaces (332
spaces required).
SUBJECT PROPERTY:
All that portion of the north 200' of the south 400' of Lot 3, Tatum's
Ocean Park Co. Sub. Pb. 10, Pg 64, lying east of State Road AlA
Pb 45 Pg 66. Said property bounded on the east by the Erosion
Control Line ofthe Atlantic Ocean Pb.134 Pg 47.
ADDRESS:
17375 Collins Avenue
And,
WHEREAS, the Applicant has withdrawn Item No. 8 from consideration by the
Commission; 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;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, THAT:
1. Applicant's requests, Items 1 through 7 hereinabove, are 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 to,
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 of the plan, the same be substantially in accordance
with that submitted for hearing entitled "Ocean Point Beach Club,"
prepared by Brito, Cohan & Associates dated 9-23-99 consisting of 9
pages and sheet A-I dated revised 2/23/00 and sheet A-lO dated revised
2/22/00.
c. That the use be established and maintained in accordance with the
approved plans.
Resolution No. 00-Z-43
2/24/00 Agenda Item 6E - Coscan Ocean Point
06/07/00 12 :04 PM
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d. That the applicant voluntarily proffers a Declaration of Restrictions
acceptable to the Building Official, to provide for 21 lockout units only,
with strict prohibition of any sale of the lockout units as separate units.
e. That the applicant submit to the Department for its review and approval a
landscaping plan, or other material, concealing the parking garage
structure prior to the issuance of a building permit, to be installed prior to
the issuance of a Certificate of Use and Occupancy.
f. That a recordable easement agreement be submitted and meet with the
approval of the Zoning Director granting the City of Sunny Isles Beach
the right to install telecommunication lines and other utilities over, under
and through that certain beach access easement agreement provided
pursuant to the original approval from Miami-Dade County. This
easement agreement shall supercede any prior easement agreement.
2. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 24th day of Febru
{ "
By:
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A TTESf' '~,
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Richard Brow1i-Morilla, City Clerk
; . \~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~~~/~
M. Dannheisser, City Attorney
VOTE:
Commissioner Kauffman moved and Commissioner Turetsky seconded approval of the
requested zoning modifications, and upon a roll call the vote was 5 -0 in favor:
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
::- yes _no
~es_no
,/yes_no
~es_no
es no
Resolution No. 00-2-43
2/24/00 Agenda Item 6E - Coscan Ocean Point
06/07/00 12:04 PM
LMD:ch
3
.t.
,
~tt 19086f'G 3687
OOR 199643 2000 APR 27 15=38
This instrument prepared by
and when recorded return to:
Stanley B. Price, Esquire
Bilzin Sumberg Dunn Price & Axelrod LLP
2500 First Union Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131-2336
(Space Above For Recorder's Use Only)
DECLARA TION OF RESTRICTIONS
The undersigned, COSCAN OCEAN POINT L.L.C., as successor by merger with Co scan
Ocean Point, Inc., is the Owner ofthe following described real property (the "Property"), lying, being
and situated in Sunny Isles Beach, Miami-Dade County, Florida, and legally described as:
SEE EXHIBIT" A"
WHEREAS, the Owner has filed a zoning application with the City of Sunny Isles Beach,
Miami-Dade County, which was approved by the City of Sunny Isles Beach, referred to as
Resolution No. 00-Z-43;
IN ORDER TO ASSURE the City Commission of Sunny Isles Beach that the representations
made to them by the Owner during consideration of the public hearing resulting in Resolution No.
00-Z-43 will be abided by the Owner freely, voluntarily and without duress, the Owner makes the
following Declaration of Restrictions covering and running with the Property:
(1) That this Declaration shall become final and recorded in the Public Records of
Miami-Dade County conditioned upon the final approval of Public Hearing No. Z99-
20 by the City Commission of the City of Sunny Isles Beach, Miami-Dade County,
Florida and the tolling of all applicable appeal periods.
(2) Said Property shall be developed substantially in accordance with the plans
previously submitted for hearing entitled "Ocean Point Beach Club" prepared by
Brito, Cohan & Associates, Sheet A-I dated 2/23/00 and Sheet A-I0 dated revised
2/22/00.
G:\DMS\73267\1 0245\0284632.0 1
4/19/2000
Iii
~~~ 19086 r~ 3688
Declaration of Restrictions
Page 2
(3) The Owner voluntarily covenants to restrict the total number of lockout units to
twenty-one (21). Owner further covenants and agrees that no lockout unit shall be
conveyed as a separate unit.
(4) City Inspection. As further part of this Declaration, it is hereby understood and
agreed that any official inspector of the City of Sunny Isles Building and Zoning
Department, or its agents duly authorized, may have the privilege at any time during
normal and reasonable working hours of entering and inspecting the use of the
premises to determine whether or not the requirements of the building and zoning
regulations and the conditions herein agreed to are being complied with.
(5) Covenant Runnin~ with the Land. This Declaration on the part ofthe Owner shall
constitute a covenant running with the land and may be recorded in the public records
of Miami-Dade County, Florida and shall remain in full force and effect and be
binding upon the Owner, and its heirs, successors and assigns until such time as the
same is modified or released. These restrictions shall be for the benefit of, and
limitation upon, all present and future owners ofthe real property and for the public
welfare.
(6) Term. This Declaration is to run with the land and shall be binding on all parties and
all persons claiming under it for a period of thirty (30) years from the date this
Declaration is recorded after which time it shall be extended automatically for
successive periods often (10) years each, unless an instrument signed by a majority
of the, then, owner(s) of the Property has been recorded agreeing to change the
covenant in whole, or in part, provided that the Declaration has first been modified
or released by City of Sunny Isles Beach.
(7) Modification. Amendment. Release. This Declaration may be modified, amended
or released as to the land herein described, or any portion thereof, by a written
instrument executed by the, then, owner or a majority of the owners of all of the
Property provided that the same is also approved by the City of Sunny Isles Beach,
Florida.
Should this Declaration be so modified, amended orreleased, the Director ofthe City
of Sunny Isles Beach Building and Zoning, or the executive officer of the successor
of such Department, or in the absence of such director or executive officer by the
Director's assistant in charge ofthe office in his absence, shall forthwith execute a
G:\DMS\73267\I 0245\0284632.0 1
4/19/2000
~tt 19086 PG 3689
Declaration of Restrictions
Page 3
written instrument effectuating and acknowledging such modification, amendment
or release.
(8) Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants, the prevailing party in any action
or suit, pertaining to or arising out of this Declaration, shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as the Court may
adjudge to be reasonable for the services of his attorney. This enforcement provision
shall be in addition to any other remedies available at law or in equity or both.
(9) Authorization for Department ofBuildin~ and Zonin& to Withhold Permits and
Inspections. In the event payments or improvements are not made in accordance
with the terms of this Declaration, in addition to any other remedies available, the
City of Sunny Isles Beach Department of Building and Zoning is hereby authorized
to withhold any further permits, and refuse to make any inspections or grant any
approvals, until such time as this Declaration is complied with.
(10) Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of anyone or more shall neither be deemed
to constitute an election of remedies, nor shall it preclude the party exercising the
same from exercising such other additional rights, remedies or privileges.
(11) Presumption of Compliance. Where construction has occurred on the Property or
any portion thereof, pursuant to a lawful permit issued by the City of Sunny Isles
Beach, and inspections made and approval of occupancy given by the City, then such
construction, inspection and approval shall create a rebuttable presumption that the
buildings or structures thus constructed comply with the intent and spirit of this
Declaration.
(12) Severability. 11validation of anyone of these covenants, by judgment or Court, in
no way shall affect any of the other provisions which shall remain in full force and
effect.
(13) Recordin~. This Declaration shall be filed of record in the public records of Miami-
Dade County, Florida at the cost of the Owner following the adoption by the City of
Sunny Isles Beach of a resolution approving the Application.
G:\DMS\ 73267\10245\0284632.01
4/19/2000
, '
~~t I 9086 fG 3690
Declaration of Restrictions
Page 4
Signed, witnessed, executed and acknowledged thi~ day of April, 2000.
Witnesses:
COSCAN OCEAN POINT L.L.c.
a Florida limited liability company
20803 Biscayne Boulevard
A ventura, Florida
~$~
By: Brookfield Developers Florida L.L.c., a
Florida limited liability, mpany, manager
C-~~
Print Name: //m" A au/tit'
-
By:
By:
azza,j
20803 isca"'(
A ventura, FIe>'
(SEAL) r .:.;~~,~:,
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STATE OF FLORIDA }':::\y'~:.rl: .":~ j ,
COUNTY OF MIAMI-DADE }ss: ,y.))~ '~.""""~I~'l;.9....~':-'"
f11"!, ",,'"
The foregoing instrument was acknowledged before me this d day of April, ~;;~~~
ALBERT PIAZZA, President of Brookfield Developers Florida, Inc., Manager of Brookfield
Developers FloridaL.L.C., Manager of CO SCAN OCEAN POINT L.L.c., who is personally known
to me or produced a valid drivers license as identification.
Jan'LL Cv-
My Commission Expires:
Serial No. (None, ifblank):
[NOTARIAL SEAL]
G:\DMS\73267\1 0245\0284632.0 1
4/19/2000
~~t \ 9086 PC 369 \
LEGAL DESCRIPTION
All that portion of the North 200.00 feet of the South 400.00 feet of Lot 3,
Tatum's Ocean Park Co. Subdivision, recorded in Plat Book 10, at Page 64
of the Public Records of Miami-Dade County, Florida, lying East of State
Road A-I-A, said road recorded in Plat Book 45 at Page 66 of the Public
Records of Dade County, Florida. Said property bounded on the east by the
erosion control line of the Atlantic Ocean, said line recorded in Plat Book
134, at Page 47 ofthe Public Records of Miami-Dade County, Florida.
RliCQRCItii) IN QFFICIAL RECORDS BOOK
OF OAOE COIJooITY FLORIDA
RECORD VERIFIED
HARVEY RUVIN
CLERK CIRCUIT COURT
G:\DMS\73267\11450\0211807.01
4/19/00
01111/01 14: 44 FAX
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EASE:MENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement'') is made and entered into this .~~
day of January, 2001, by and between caseAN OCEAN POINT, llC a Florida limited liability
company (hereinafterreferted to as "Grantor"), having a post office address of555S Anglers Avenue
Suite I, Ft. Lauderdale, Florida 33312 and THE CITY OF SUNNY ISLES BEACH, a municipal
subdivision of the State of Florida (hereinafter referred to as ."Grantee")..
WITNESSETH:
WHEREAS, the Grantor is fee simple title owner and developer of the following described
property, lying and being situate in Miami.Dade County, to wit:
SEE EXHIBIT "A" (with attached location sketch)
(hereinafter refCII'ed to as the '"Easement Property")
an~
WHEREAS, the Grantor is desirous of giving assurance to the Grantee that the Easement
Property will be developed substantially in accordance with the spirit and intent of the plans
submitted to the City Commission of the City of Sunny Isles Beach for a public hearing wherein the
zoning and use of the subj~ property has been approved, unless said plans are modified and/or
changed as a result of a public hearing or other appropriate action by the City; and
WHEREAS, in connection with Grantee's approval of the project, Grantor has agreed to
grant and create, and Grantee desires to obtain, on the terms and conditions hereinafter set forth,
Access Easement(s) (as hereinafter defined) over and across the Easement Property for purposes
hereinafter set forth;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged Grantor and Grantee hereby agree as follows:
1, Recitals. The foregoing recitals are true and correct and are incolporated herein.
2. Grant of Easement Grantor hereby grants to Grantee anon-exclusive easement (the
"Easemenf") in favor of Grantee for the right of public access, ingress and egress in,
over, under and across the Easement Property which Easement shall be established
by Grantor aDd operated and maintained by Grantee so as to allow public use ofllie
Easement Property for access to and with the adjacent City parle: property for park
uses from Collins Avenue to the Atlantic Ocean. Nothing herein shall be construed
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as an obligation of Grantor to operate the City's park Grantor further grants to
Grantee the non-exclusive right, at any time and from time-to-time to:
(a) Construct, maintain and replace public utilities. includin& without limitation,
water, sanitary seWer, storm sewer, telecommunication and electric
distribution mains, lines, conduits, pipes and cables, over, under and through
the Easement Property; and
(b) Grant easements for any other public utilities covering all portions of the
Easement Property for such uses as will not unreasonably interfere with the
Easement
Grantee shall pay~e costs, and shall as necessary, repair or replace any of the installations referred
to in Sections (a) and (b) above.
3. Public Service Access. Grantor'herebyagrees to provide for pennanent access for
pedestrian and vebiculartraflic within the development and, particularly, for the right
of access for fire, police, health. and sanitation and other public service personnel
vehicles. The streets or access ways shall be installed andmm:bl;ned by Grantor and
shall include, but not be limited to, sidevvalks, chainage facilities, water, sewers and
:fire hydrants, and will meet with the approval of the Directors of Public Works and
the Building. Planning and Zoning Departments oftb.e City of Sunny Isles Beach.
Where construction of improvements for access has occurred pursuant to a permit
issued by Grantee, or its predecessor-in-interest, Miami-Dade County, Florida, and
inspections have been made and approval of Grantee was given with respect to such
permits, there shall be a conclusive presumption that the installation and consfruction
of such improvements meets with the approval of the Directors of Public Works and
Building, Planning and Zoning Departments of the City of Sunny Isles Beach.
4. Design.. Construction and Improvements of Basement Property. Grantor and its
successors and assigns hereby agree that said Easement Property shall be developed
substantially in accordance with the spirit and intent of the plans previously
submitted, prepared by Brito, Cohan & Associates consisting of 11 pages, dated the
23rd day of September, 1999, as modified by the Landscape plans prepared by
Bradshaw Gill & Associates consisting of14 pages dated J anuary 28~ 1999 as revised
June 26, 2000, and shall have the exclusive right to design. build and furnish any and
all improvements (including but not limited to, landscapin& itrigation and lighting)
located wi~ the Easement Property. The design of any and all materials to be used
for any and all improvements within the Easement Property shall be presented to the
Grantee for its approval prior to construction of such improvements, which approval
shall not be unreasonably withheld or delayed. Where Construction on
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said Easement Property pursuant to a pexmit issued by the City of Sunny Isles Beach
or its predecessor-in-inte:rest, Miami-Dade County, and inspections made and
approval of occupancy given by the City, the same shall create a conclusive
presumption that the improvements thus constrocted complywith the intent and spirit
of the master plan and this agreement shall not be construed as clouding the title to
any of said property on which such development has occuned.
S. Maintenance. Grantee shall at all times mainbun the Easement Property (including
any and all improvements which may be constructed thereon from time to time) in
good condition and in safe, clean and reasonably attractive manner.
6. Covenant Rllnn1n~ 'With the Land. This agreement shall constitute a covenant
nmning with the land and will be recorded in the Public Records of Miami-Dade
County, Florida, and shall rem~ in full force and effect and be binding upon the
heirs, SUCCesSOIS, and assigns of the respective parties hereto. This agreep1ent may
not be amended, modified or terminated except by written agreement of the parties
hereto following a public hearing. Further, no modification or amendment shall be
effective unless in writing and recorded in the Public Records of Miami-Dade
County, Florida, provided, however, to the extent that any portion of the property is
submitted to the condominium form of ownership (each portion referred to as a
.'Condominium Parcel"), then, as to that portion or portions, the instnlment of
amendment or modification shall be executed by the applicable condominium
association(s) in lieu of the fee owners of the Condominium Parcel(s) of the
respective properties and their mortgagees. This agreement will remain in effect until
such time as the same is released by the City Commission of the City of Sunny Isles
Beach after a public hearing.
7.
Indemnification. Subject to the provisions of Section 768.28, Florida Statutes,
Grantee, its successors and assigns and all parties by virtue of their use of the
Easement, shall be deemed to have agreed, to jointly and severally indemnify and
save harmless Grantor, its successors and assigns, from any and all liabilityJ
including reasonable attorneys' fees and court costs arising out ot or in connection
with the improper use of the Easement herein granted or the breach of any of
grantee's obligations hereunder. The Grantor hereby agrees, and all parties by virtue
of their rise of the Easement Property shall be deemed to have agreed, to jointly and
severally indemnify, defend and hold harmless the Grantee, its agents, officers,
directors, employees, successors and assigns from and against any and all liabilities,
damages, claims, costs or expenses whatsoever, including reasonable attorneys' fees
and court costs whether suit be brought or any appeals be taken therefrom, arising
from, growing out of, or connecting in any way with failure of to
maintain the Easement Property. ~~;;';"'~1.:~~,
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8. Severability: In the event any term or provision of this Agreement is detennined
by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or be construed as deleted as such
authority determines, and the remainder of this Agreement shall be construed to
be in full force and effect.
9. Suecesson and Assips: This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
10. Entire Agreement: This Agreement constitutes the entire agreement among the
parties with respect to the subject ~ hereof and supersedes' all prior
agreements, understandings, and arrangements, both oral and written, between the
parties with respect thereto.
~ WITNESS WHEREOF, the Grantor and Grantee have executed this Easement
Agreem.ent as oftbe day and year first above written.
POINT LLC,
liability company
Witnesses:
COUNTY OF BROW ARD
)
) SS:
)
The foregoing instrument was acknowledged before me this 2S day of
6.rn1J.bi 2001, by Albert C_ Piazza, as President of Coscan Ocean Point LLC, a
"da . .ted liability company. HelSiIc is personally known to me or prodUced
~~~1\jI'I\ as identification_
My Commission Expires:
. ~
Sign N .
~
PUBLIC
Serial No(none, ifblank):
G:\DMS\73267\1024S\03 I 5772.03
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Gnmt~:
The City of Sunny Isles Beach
a municip corporation
~-K~
Name L.~QI\ \<.Do'-A L
)
)88:
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me tms \ O~ dayof ~ ~ 2001,
by ~~:s.It.1~ , as Q.I~ MAA~ofthe City of Sunny IslCSBeacb, a
municipal cOlporation, on behalf of said corporation. lie/she IS personally: known. to me or presented
- as identification.
SignName: ~~_. 'O.J}~T~ ~
PrintName~~":~l~ .j)...\~
Notary Public
SerialNo. (none, ifblank): c.c. '1560~~
STATE OF FLORIDA
My Commission Expires:
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NOI'AKYSEAL
P1U5CILLA TYlD WALlCER
NOl'ARYPVBUCSTATI a; JlI.ORJDA
CDMMESION NO. CC75!i083
MYCOMMSSIONExP.' Y24
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STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-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. 00-Z-43 adopted
by the City Commission at its meeting held on the 24th day of February, 2000.
Issued this \ "'2.-~y of January, 2001.
, ,
~~~~Lk
Richard Brown-Morilla, '~ity,mer~
, "-.-
Resolution No. 00-Z-43
2/24/00 Agenda Item 6E - Coscan Ocean Point
01/1 I/OI 3:32 PM
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