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HomeMy WebLinkAboutResolution Zoning 05-Z- 94 1 RESOLUTION NO. 05-Z-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY TRG SUNNY ISLES, LTD. (THE "APPLICANT"), (Z2004-08) FOR TRANSFER OF DEVELOPMENT RIGHTS ("TDRs"), IN THE AMOUNT OF 180 DWELLING UNITS AND 414,207 SQUARE FEET OF FLOOR AREA, PURSUANT TO SECTION 265-23 OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR's), AND SITE PLAN APPROVAL, PURSUANT TO SECTION 265-18 OF THE LDR's, TO PERMIT THE DEVELOPMENT OF THREE FORTY- TWO (42) STORY INTERCONNECTED CONDOMINIUM TOWERS WITH A TOTAL OF 813 RESIDENTIAL UNITS ON THE PROPERTY LOCATED AT APPROXIMATELY 15811 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA, SUBJECT TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on or about October 6, 2004, TRG Sunny Isles, Ltd., a Florida Limited Partnership, (the "Applicant" or "TRG Sunny Isles, Ltd.") submitted Application No. Z2004-08 to the City of Sunny Isles Beach, Florida ("the Application"), requesting the following: 1. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations (the "LDR's") the Applicant is requesting approval of a Receiving Site and approval ofa transfer of Four Hundred Fourteen Thousand Two Hundred Seven (414,207) square feet of development rights and One Hundred Eighty (180) units to the Receiving Site 2. Pursuant to Section 265-18 of the LDR's, the Applicant is requesting a site plan approval for a multifamily residential condominium development consisting of three forty-two (42) story interconnected condominium towers with a total of 813 residential units above a garage pedestal, to be known as "Trump Towers I, II, and III" (the "Project"). 3. Pursuant to Section 265-15 of the LDR's, the Applicant is requesting a variance from Section 265-35,D(6) thereof to permit a building width of 825 feet [where the LDR provides for a maximum building width of 250 feet as measured parallel to Collins A venue for a building or portion thereof which exceeds twenty feet in height above grade]. [This variance request was deleted from modified application considered at July 14,2005, hearing.] LEGAL: Lots 80 thru 89, Tatum's Ocean Beach Park Subdivision as recorded in Plat Book 50 at Page 76 of the Public Records of Miami-Dade County, lying East of the Easterly boundary of State Road AlA (alk/a Collins Avenue) R05-Z-94 Trump Tower 1 ADDRESS: 15811, 15901, 15995, 16001 Collins Avenue, Sunny Isles Beach, Florida (the "Property" or the "Receiving Site"). WHEREAS, on June 9, 2005, after a public hearing, the City Commission deferred the Application at the request of the Applicant to the public hearing scheduled for July 14,2005; and WHEREAS, on July 14, 2005, the City Commission conducted a public hearing on the Application as modified by the Applicant to eliminate the need for a variance and otherwise address the concerns raised at the earlier public hearing; and WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the matter and to the positive recommendation contained in the joint memorandum from the Planning and Zoning Administrator and the Planning Consultant; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Planning and Zoning Administrator and the Planning Consultant and all outside consultants who render reports with respect to the Application, including the recommended conditions, and found substantial competent evidence to support a showing by the Applicant that the requests for the Receiving Site approval, transfer of development rights and site plan approval are, subject to all of the conditions set forth in this Resolution, in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintain the basic intent and purpose of the zoning, subdivision or other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community; and, further, found that said requests should be granted, subject to: (A) All of the conditions set forth in this Resolution (B) The purchase price to be paid by Applicant for the TDR's based on an appraisal to be prepared for the City; (C) The payment to the City, within three (3 ) working days of the City Commission approval of the purchase price, of a non refundable deposit in the amount of ten percent (10%) of the approved purchase price, (the "Ten Percent Deposit") in accordance with the TDR Ordinance; and WHEREAS, failure to pay the Ten Percent Deposit within three (3) working days of the approval of the purchase price on July 14, 2005, but in no event later than 5 p.m. on Tuesday, July 19, 2005, shall result in an automatic voiding of the Commission approval of the Receiving Site, transfer of TDR's, and site plan approval, pursuant to Section 265-23.5(b)(2) of the TDR Ordinance, each element of the Application shall be deemed denied, and Applicant shall not be permitted to refile an application for development of the Property for one year, pursuant to Section 265-11(g)ofthe LDR's. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS SUCCESSORS OR ASSIGNS, AS FOLLOWS: R05-Z-94 Trump Tower 2 II. INCORPORATION OF RECITALS. All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. III. APPROVALS. The approvals set forth in this Section III are subject to (A) All of the conditions set forth in this Resolution; (B) The purchase price to be paid by Applicant for the TDR's based on an appraisal to be prepared for the City; (C) The payment to the City of a non-refundable deposit in the amount of ten percent (10%) of the approved purchase price, (the "Ten Percent Deposit"), within three (3) working days of the City Commission approval of the purchase price, but in no event later than 5 p.m. on Tuesday, July 19,2005, A. The Applicant's request for approval of the Property as a Receiver Site and for approval of the transfer of 180 dwelling units and 414,207 square feet of development rights from the City's TDR Bank to the Property, pursuant to Section 265-23 of the LDR's, is hereby conditionally granted, and, subject to all of the conditions outlined herein, the City Commission finds such transfer consistent with the goals, policies and objectives of the Comprehensive Plan and the expressed purpose of Section 265-23 of Code of the City of Sunny Isles Beach as amended. B. The Applicant's request for approval of the site plan submitted for the Project known as "Trump Towers I, II, and III" is hereby granted and said site plan is hereby approved, subject to the actual transfer of the development rights, and to all of the conditions provided this Resolution, including but not limited to those conditions set forth in Section IV of this Resolution, The failure of performance of any of these conditions shall be deemed a denial of this Application. IV. CONDITIONS Conditions to be completed before below szrade or buildinsz permits are issued. (I) The Applicant shall submit any and all other documentation and payments required by the City to effectuate the transfer of development rights and further procedures being developed to effectuate this program, notwithstanding the fact that such procedures may be formally adopted subsequent to this particular approval, prior to submitting for building permit. (2) Upon the submittal of an application for a building permit, the plans submitted shall meet with the approval of the Planning and Zoning Administrator and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Ordinance 2003-167 adopted March 20, 2003; the Applicant shall be required to obtain another approval of the City Commission. R05-Z-94 Trump Tower 3 (3) That the Project shall be developed substantially in accordance with the plan submitted for public hearing for "Trump Towers I, II, and III" and on file with the City Zoning Department, prepared by The Seiger Suarez Architectural Partnership consisting of a Tabular Data Sheet dated 5-13-05, and plans consisting of Site Plan, Floor Plans, Elevations, Landscaping, Civil, Parking Marking, Paving and Drainage, Sanitary, and Photometric plans consisting of 34 sheets sign seal dated 6-27-05, plans entitled "Master Civil Plan", prepared by EDC Corp dated 4-08-05 consisting of 6 sheets, plans entitled "Photometric Plan", prepared by Steven Feller P.E. dated 11-8-04 consisting of 7 sheets and plans entitled "Boundary Survey", prepared by Fortin, Leavy, Skiles, Inc. dated 9-2- 04 consisting of 2 sheets. Plans may be modified at public hearing. (4) That a plot plan be submitted to the Planning and Zoning Administrator, Landscape Architect and Planning Consultant including their in-house experts, for their review. The plot plan shall include all easements proffered by the Applicant to the City, including but not limited to (i) beach access easements exacdy as shown on the Site Plan and as represented by the Applicant to the City Commission (the "Beach Access Easement"), (ii) a ten-foot (10') landscaping streetscape easement as per the City Streets cape Master Plan (the "Streetscape Easement"), and (iii) the 10,000 square foot public oceanfront park (the "Oceanfront Park") and, if applicable, other amenities. The plot plan shall show the type and size of plant materials, which shall be in compliance with the City's Streetscape Master Plan. (5) That the Applicant shall submit a Declaration of Restrictive Covenants (the "Declaration") in recordable form, in accordance with the provisions of Section 265-23.7.1(e) of the Code of the City of Sunny Isles Beach, acceptable to the Planning and Zoning Administrator, prior to issuance of a building permit. The Declaration shall proffer the Beach Access Easements, the landscaping Streetscape Easement, and the Oceanfront Park, and easements over, across, under and through all of these easements, all of which shall be fully accessible to the public and clearly designated, by means of signage approved in writing by the City Manager or its designee, as amenities open to all members of the public. The provision of twenty-four (24) hour valet parking services for owners and their guests shall be included in such Declaration. (6) The Declaration of Restrictive Covenants shall specify that the proffered Beach Access Easements and the Oceanfront Park shall be fully landscaped and equipped with public amenities including, but not limited to, benches and lighting (the "Public Amenities"), subject to the approval of the City Manager. The Declaration shall specify that Applicant shall provide one restroom, one shower and one footwash facility in the north Beach Access Easement and one shower and one footwash facility in the south Beach Access Easement, the design and construction of which shall be subject to the approval of the City Manager. The Applicant shall maintain all of the easement parcels, including but not limited to the Beach Access Easements, Landscaping Streetscape Easement, and Oceanfront Park, and all Public Amenities, showers, footwash facilities, and the restroom included within the easements, in perpetuity, to a standard reasonably acceptable to the City Manager. (7) That the applicant submit evidence of purchase of the required 414,207 square feet and 180 units of TDRs for the approval of the City administration, which shall then, in R05-Z-94 Trump Tower 4 accordance with Section 265-23.7.2, of the Code of the City of Sunny Isles Beach, advise the City Commission that this condition has been met and which shall at the same time submit a resolution for approval of a revised Bank Statement, adjusted to reflect the approved site and the units of TDRs attributable to Trump I, II, and III, which Bank Statement shall also reflect all approved sites and the units of TDRs attributable to each site. (8) After payment of the 10% deposit as required by Section 265-23.5(b)(2) of the Code, the Applicant shall pay to the City for the portion of the approved TDRs to be transferred from the City's TDR Bank in increments of one third (1/3) of the remaining ninety percent (90%) per phase prior to City's issuance of building permit for each phase. Payment for all bonuses and the parking buy down shall be made in full prior to the issuance of the first building permit. (9) That the Applicant shall present evidence of performance to the Planning and Zoning Administrator of the obligations required to qualify for the following Floor Area Ratio bonuses under Section 265-35(D)(9)[2](c) of the Code of the City of Sunny Isles Beach. In the event Applicant has done so prior to issuance of building permit, the Applicant shall acquire the following Floor Area Ratio Bonuses: (1) Beach Access 0.10 FAR $ -0- (2) Beach Access Trust Fund 0.20 FAR $ 1,108,800 (3) Public Beach Rec. Enhancement 0.50 FAR $ 2,772,000 (4) Collins Ave Streetscape 0.30 FAR $ 1,663,200 (5) Sunny Isles Public Parking 0.20 FAR $ 1,108,800 (6) Public Oceanfront Park 0.20 FAR -0- The total contribution for all Floor Area Ratio bonuses for the development is $6,652,800 for a total increase in floor area ratio of 1.5 for a maximum floor area ratio of 4.0. (10) That the applicant comply with all conditions and permit requirements of the Department of Environmental Resource and Management (DERM), the Fire Department, Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FDOT). (11) That the Applicant shall submit plans for the construction of an appropriate barrier between the construction site and adjoining properties in order to minimize blowing of sand and debris. The Applicant will comply with Chapter 135 and Chapter 193 of the Code of the City of Sunny Isles Beach relating to the construction site operations, The Applicant will use its best efforts to minimize vibration and noise during the construction of the Project. (12) That Applicant has submitted all documents required under this Resolution and all impact fees, bonuses, and transfer of development right monies, if applicable, and professional fees in accordance with Chapter 267 of Code of the City of Sunny Isles Beach. R05-Z-94 Trump Tower 5 (13) That in the event of multiple ownership, a master homeowners' and/or condominium association shall be established in accordance with applicable regulations to insure that all common areas and facilities for the residents, as well as all easements dedicated to the City hereunder shall be maintained in a continuous and satisfactory manner, without expense to the general taxpayers of the City of Sunny Isles Beach, A copy of this Resolution shall be recorded at the expense of the Applicant, the original of the recorded Resolution shall be delivered to the City, and a copy of this Resolution and other recorded documents shall be included in any condominium documents recorded for this Project. (14) No building permits shall be issued (except for demolition and sales trailers) unless the applicant has submitted all documents required under this approval and shall have paid all impact fees, bonuses and Transfer of Development Rights, and all professional fees (as per Chapter 267 of the Code of Sunny Isles Beach) have been paid. (15) That the applicant contribute to the Off-Street Parking Fund as per Section 265-46 A (2) (b) for the buy down of 20% (244 parking spaces) of the required parking spaces, for a total of $2,440,000 dollars. (16) Recommend that the engineer re-evaluate the signage identified in Revision 5 on Sheet C-Ia which denotes "Caution - Oncoming Traffic Ahead", It appears that the signage is intended to warn of the sharp curvature of the drive aisle relative to the wall corner, and is advising the driver to use care during the turn so as to not conflict with possible oncoming traffic. However, the phrase "Oncoming Traffic Ahead" potentially implies a geometric condition where oncoming traffic may be approaching in the same path as the traffic for which the sign is displayed, which is not really the condition (it also does not clarify the sharp curve issue). The most appropriate MUTCD standard sign and/or equivalent (or similar) word message is generally recommended over custom signs or phrases. To this effect, it is suggested that a flashing warning beacon with the sharp Turn warning sign (Wl-l(R)) with "5 mph" supplemental plaque (or speed value determined by engineer) be posted rather than the proposed sign. The phrases "SLOW" and/or "NARROW TURN" or "NARROW CURVE" may be appropriate if supplemental wording is desired by the engineer. Conditions to be completed before any Certificate of Occupancy is issued (1) That the Applicant demonstrates that it is in compliance with all terms and conditions under this approval. (2) Applicant shall pay all fees related to the review of the application described herein and shall have paid all other fees due to the City. (3)Pursuant to Section 267-4 of the Code of Sunny Isles Beach, the City Manager and lor his/her designee in review of any application, may refer any such application presented to it to such engineering, planning, legal, technical, or environmental consultant or R05-Z-94 Trump Tower 6 professional(s) employed by the City as the Manager shall deem reasonably necessary to enable himlher to review such application as required by law, Charges made by such consultants or professionals shall be in accord with the charges customarily made for such services in Miami Dade County, and pursuant to an existing contractual agreement by and between the City and such consultant. Charges made by the City shall be in accord with the hourly rates charges by such consultants or hourly rates of employed professionals and shall be paid within 30 days on submission of City voucher, (4) Pursuant to Section 267-5 of the Code of Sunny Isles Beach, at the time of submission of any application or thereafter, it is required that an escrow account be established, from which withdrawals shall be made to reimburse the City for the cost of professional review services, if any. The Applicant shall then provide funds to the City for deposit into such account in an amount to be determined by the City Manager, based on his/her evaluation of the nature and complexity of the application. The Applicant shall be provided with copies of any City voucher for such services as they are submitted to the City. When the balance in such escrow is reduced to one-third (113) of its initial amount, the Applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within thirty-days (30) after the Applicant is notified, in writing, of the requirements for such additional deposit, the City may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit or Certificate of Use and Occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the Applicant any funds remaining on deposit. (5) That Applicant shall furnish payment and performance bond in an amount determined by the Building Official to ensure Applicant's performance of public improvements required pursuant to site plan approval and in accordance with recommendations of the Building Official after review of construction plans submitted based on development approval granted herein. Any such bond shall be issued by a surety having a minimum rating of A-I in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of written notice from the issuer of the bond of intent to cancel or not to renew". As improvements are made the City, within its discretion, may reduce or eliminate the bond amount. These rights reserved by the City with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the City may have under this Resolution, in law or in equity. (6) That all overhead utilities adjacent to the public right-of-way on the Project site shall be placed underground in order to insure the public safety during an evacuation procedure and to insure the ability of the City to restore public utility service subsequent to a storm event. (7) That under grounding of utilities shall be accomplished as mandated by Section 250-09 through 250-16 of the Code of the City of Sunny Isles Beach and the City Streetscape R05-Z-94 Trump Tower 7 Master Plan. If not otherwise funded by the Collins Avenue Streetscape contribution provided in Section 265-35, this shall include the purchase, replacement and installation of light poles that conform to Streetscape Master Plan requirements. The Applicant shall coordinate with the City Manager on this issue. (8) That no wall, fence, or visual obstruction of any kind shall be placed within 25 feet of the Collins A venue public right of way and no such wall or fence shall in any way obstruct the Beach Access Easement. No portion of the Beach Access Easement shall be utilized for vehicular access to the parking garage or to main structure loading docks. Temporary fences shall abide by Section 265-58 of the Code. (9) That paving within the front setback shall consist of pavers or other decorative materials approved by the Building Official. Under no circumstances shall asphalt concrete or plain concrete be utilized as paving in the front setback. (10) That the applicant complies with Chapter 104 (Art in Public Places) of the Code of the Code of Sunny Isles Beach, as amended. (11) Applicant shall provide one bathroom, one shower and one footwash facility on the northern Beach Access Easement and one shower and one footwash facility on the southern Beach Access Easement. Other Conditions: 1. That the Applicant shall obtain a Certificate of Occupancy and a Certificate of Use from the City upon compliance with all terms and conditions. The Certificate of Occupancy and Certificate of Use shall be subject to cancellation upon violation of any of the conditions. 2. That the approved site plan shall remain valid for a period of 24-months from the date of approval. If no building permit is issued within the 24-month time period, the site plan shall be considered null and void and of no force and effect. Developer may request extension in accordance with Code Section 265-3(b) (6). 3. That the Applicant shall comply with all City Ordinances applicable to development and permit approvals. 4. Failure to pay the Ten Percent Deposit within three days of the approval of the purchase price on July 14,2005, but in no event later than 5 p.m. on Tuesday, July 19,2005, shall result in an automatic voiding of the Commission approval of the Receiving Site, and transfer of TDR's, site plan pursuant to Section 265-23.5(b)(2) of the TDR Ordinance, each element of the Application shall be deemed denied, and Applicant shall not be permitted to refile an application for development of the Property for one year. 5. Applicant shall apply for and obtain a permit, no later than thirty days from approval of this Resolution, to construct a ten (10) foot wide temporary beach access easement (the R05-Z-94 Trump Tower 8 "Temporary Easement") on the south end of the Receiving Site to provide public access to the beach. The Temporary Easement shall contain an asphalt surface and a shower with a footwash at the eastern end. Applicant shall construct a six (6) foot high wood fence along the northern edge of the Temporary Easement to run the full length of the Receiving Site, from east to west. Applicant shall provide a sketch overlaying the survey of the Property illustrating the location and limits of the Temporary Easement. Design and construction of the Temporary Easement, including the fence, shall be completed no later than fifteen (15) days from the date the permit is issued, All aspects of the design, location and construction of the Easement shall be subject to the approval of the City Manager or its designee. The Temporary Easement shall be fully accessible to the public and shall be clearly designated as such by means of signage approved in writing by the City Manager or its designee, The Temporary Easement and the fence shall be maintained at the expense of the Applicant in a safe, clean and attractive manner reasonably acceptable to the City Manager or its designee. Applicant, its successors and assigns, shall indemnify, defend and hold harmless the City, including its elected and appointed officials, employees, agents and consultants from any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorneys' fees and costs whether suit be brought or any appeals taken therefrom) arising from, growing out of or connecting in any way to or occurring within the Temporary Easement. Applicant, including its successors and assigns, shall maintain insurance on the Temporary Easement in the amount(s) and type(s) of coverage required by the City Manager, as such requirements may be amended from time to time, during the entire term of the Temporary Easement. The Temporary Easement shall terminate thirty (30) days' from date of receipt of written notice from Grantor addressed to City Manager or its designee, stating that construction of Phase III of Trump Towers I, II, and III has reached the stage where further use of the Easement may adversely impact the safety and welfare of the public. The termination shall be subject to the approval of the City Manager or its designee. NO BUILDING PERMIT SHALL BE ISSUED (EXCEPT FOR DEMOLITION AND SALES CENTER) UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY (IF APPLICABLE), OR OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HAVE BEEN TRANSFERRED ;_PROFESSIONAL FEES PURSUANT TO SECTION 267 OF CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITIDN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. ROS-Z-94 Trump Tower 9 V. SEVERABILITY AND EFFECTIVE DATE. I. If any section, subsection, clause of provision of this Resolution is held invalid, the remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 2. This Resolution shall become effective upon adoption, PASSED and ADOPTED this 14th day of July, 2005. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission cl(Jrr<J ~.. L Jane A. Hines, City Clerk ATTEST: APPROVED AS TO FORM AND LE 1\. ICIENCY: Moved by: Q,~ =ccct..f.SJ~ Second by: ,/, U YY\~Y' -r l-WrL€.R. VOTE: 5-0 Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias vyes Vyes 0es VVes Vyes no _no no no _no R05-Z-94 Trump Tower 10 ST ATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, JANE A. HINES, City 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. 05-Z-94 adopted by the City Commission at its meeting held on the 14th day of July, 2005. Issued: ~. \3)2COS ~fU..~ Jane A. Hines City Clerk # 3108262_vl R05-Z-94 Trump Tower II