Loading...
HomeMy WebLinkAboutResolution Zoning 06-Z-103 RESOLUTION NO. 06-z-103 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY OCEAN PALM DEVELOPMENT, LLC., (THE "APPLICANT"), (Z2006-04) FOR TRANSFER OF DEVELOPMENT RIGHTS ("TDRs"), IN THE AMOUNT OF 33,668 SQUARE FEET AND ZERO (0) DWELLING UNITS 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 "CHI", A 41 STORY, 38 UNIT CONDOMINIUM PROJECT, ON THE PROPERTY LOCATED AT 15795 COLLINS AVENUE, SUB.mCT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on May 15, 2005, OCEAN PALM DEVELOPMENT, LLC., (the "Applicant") submitted an application to the City of Sunny Isles Beach, Florida ("the Application") (Z2006-04), requesting the following: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site approval for a 41-story condominium consisting of 38 dwelling units. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is also requesting the transfer of thirty-three thousand six hundred sixty-eight (33,668) square feet and zero (0) units of development rights from the City's Transfer of Development Rights Bank ("Bank"). (An adjustment to be made for a decrease of 33,668 sq. ft. and eighteen (18) units from the City's Transfer Development Rights Bank). LEGAL: Lot 79 of TATUM'S OCEAN BEACH PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 35, of the Public Rccords of Miami-Dade County, Florida, which lies East of the Easterly right of way line of State Road A-I-A per State Road Right of Way Map Section 8 7060-2104, Miami-Dade County, Florida. ADDRESS: 15795 Collins Avenue; WHEREAS, on October 17, 2006, the Special City Commission conducted a public hearing on the Application; 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 R06-Z-I03 Ocean Palm-Chi (15795 Collins) Tdr Reso Page 1 of 10 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 transfer of development rights and for site plan approval are 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 wclfare of the public, particularly as it affects the stability and appearance of the community. 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: 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 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 Friday, October 20, 2006, A. The Applicant's request for approval of the Property as a Receiver Site and for approval of the transfer of 0 dwelling units and 33,668 square feet of development rights from the City's TDR Bank to the Property, pursuant to Scction 265-23 of the Land Development Regulations, 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. (An adjustment to be made for a decrease of 33,668 sq. ft. and eighteen (18) units from the City's Transfer Development Rights Bank). B. The Applicant's request for approval of the site plan submitted for the Project known as "CHI" 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, R06-Z-103 Ocean Palm-Chi (15795 Collins) Tdr Rcso Page 2 of 10 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 g.-ade 01' building permits are issued. I. That 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. That 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 shall be consistent with the spccific 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 and these conditions. Should compliance with these conditions and recommendations result in a change that would not be considered "minor" in accordance with Section 265-18 of the Land Development Regulations; the Applicant shall be required to obtain another approval of the City Commission. 3. That the Property be developed substantially in accordance with the plan for the October 17, 2006 public hearing for "Boundary & Topographic Survey" prepared by FOltin, Leavy, Skiles, Inc. consisting of I sheet dated stamped 05/15/06 and plans entitle "Chi" prepared by The Sieger Suarez Architectural Partnership, including "Cover Sheet" "Tabular Data" and "Location Map", consisting of 23 shcets dated stamp cd 05/15/06 and plans entitled "Survey with proposed building outline (proposed public Oceanfront Park)" "Site Plan" "Site Plan Setback" "Lot Coverage" "Open Space" "Subterranean garage floor plan-level 01" "Subterranean garage floor plan-level 02" "Lobby/pool deck floor plan-level 01" "Traffic-of street loading analysis" "Mezzanine/spa floor plan-level 02" "Upper spa floor plan-level 03" "Typical floor plan-levels 04-41" "Typical floor plan- unit 'A' " "Typical floor plan-unit 'A-mod' " "Roof plan" "East and west elevations" "North elevation" "South elevation" "Diagrammatic east/west building section" "Diagrammatic north/south building section" "Parking details" and "Lobby/pool deck floor planting plan-level 01" "Public Oceanfront Park-Planting Plan" "Plant Specifications, Details and Plant List" "Lobby/Pool Deck Floor Landscape Lighting Plan-Level 0 I" prepared by Eager, Gaines, Sieger and Suarez EGS2 consisting of 4 sheets dated stamped 05/15/06 and plans entitled "Lobby-Photometrics Plan", prepared by Florida Engineering Services Mechanical and Electrical Engineers FES consisting of I sheet date stamped 05/15/06. Plans may be modified at a 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. R06-Z.103 Ocean Palm-Chi (15795 Collins) Tdr Rcso Page 3 of 10 The plot plan shall include all easements proffered by the Applicant to the City, including but not limited to (i) Beach Access Easement exactly 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 Streetscape 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 thc City of Sunny Isles Bcach, acceptable to the Planning and Zoning Administrator, prior to issuance of a building permit. The Dcclaration shall proffer the Beach Access Easement and 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 Easement and the Oceanfront Park shall be fully landscaped and equipped with the 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 shower, one footwash facility, and one drinking fountain, in the Beach Access Easement, and the design and construction of which shall be coordinated with the beach acccss easement located on the ncighboring property and 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 Easement, Landscaping Streetscape Easement, Oceanfront Park and all Public Amenities, including the shower, footwash, and drinking water fountain, included within thc easements, in perpetuity, to a standard reasonably acceptable to the City Manager. (7) That the Applicant submit evidence of purchase of the rcquired 33,668 square feet and zero (0) units of TDRs for the approval of the City Administration, which shall then, in 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 Ocean Palm Development, LLC., which Bank Statement shall also reflect all approved sites and the units ofTDRs attributable to the site. (8) That the Applicant shall provide the City with a non-refundable deposit in the amount of ten percent (10%) of thc approved purchase price of $3,749,268 for the TDRs purchase from the City Bank. The total amount of the deposit is $374,926. Failure to pay the required deposit within thc threc (3) working days of approval of TDR R06-Z-103 Ocean Palm-Chi (15795 Collins) Tdr Reso Page 4 of 10 application and site plan application shall result in an automatic voiding of the City Commission approval of the Receiving Site, transfer ofTDRs, site plan approval. (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: (I) Access Easement (2) Beach Access Trust Fund (3) Public Beach Recreational Enhancement (4) Collins Avenue Public Streetscape Enhancement (5) Sunny Isles Public Parking (6) Public Oceanfront Park & Open Space Enhancement 0.10 0.20 0.50 0.30 0.20 0.20 $88,900 $177,800 $444,500 $266,700 $177,800 $177,800 The total contribution for all Floor Area Ratio bonuses for the development is $1,333,500 for a total increase in floor area ratio of 1.50 for a maximum floor area ratio of4.0 (10) That the Applicant comply with all conditions and permit requircmcnts of the Department of Environmental Rcsourcc and Management (DERM), thc Miami-Dadc County Fire Department (MDFD), Water ands 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 efforts to minimize vibration and noise during the construction of the project. (12) That the 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. (13) That in the event of multiple ownership, a master homeowner's 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. R06.Z-I03 Ocean Palm-Chi (15795 Collins) Tdr Reso Page 5 of]O (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 the City of Sunny Isles Beach) have bcen paid. Conditions to bc eOl11ulcted bcforc any Certifieatc of Oeeuuanev is issued (I) 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 professional(s) employed by the City as the Manager shall deem reasonably necessary to enable him/her 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 madc to rcimburse 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 bc determined by the City Manager, based on his/her evaluation of the naturc and complexity of the application. The Applicant shall bc provided with copies of any City vouchcr for such services as they are submitted to the City. When the balance in such escrow is reduced to one-third (1/3) 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 dcposit. (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 sitc plan approval and in accordance with recommendations of the Building Official after review of construction plans submitted based on development R06.Z.103 Ocean Palm-Chi (15795 Collins) Tdr Reso Page 6 of 10 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 requestcd, 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 reducc or eliminate the bond amount. These rights reserved by the City with respcct to any construction bond established pursuant to this section arc 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 in accordance with Section 250-9 of the Code of the City of Sunny Isles Beach. (7) That under grounding of utilities shall be accomplished as mandated by Scction 250-09 through 250-16 of the Code of the City of Sunny Isles Beach and the City Streetscape 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 if necessary. (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 complics with Chapter 104 (Art in Public Places) of the Code of the City of Sunny Isles Beach, as amended. Other Conditions: (I) 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 subjcct 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 pertuit 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). R06-Z-103 Ocean Palm.Chi (15795 Collins) Tdr Reso Page 7 of 10 (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 October 17, 2006, but in no event later than 5 p.m. on Friday, October 20, 2006, 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 re-file an application for development of the Property for one year. 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 01<' 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 WITHIN 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. V. SEVEnAHlLITY 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. R06.Z.103 Ocean Palm-Chi (15795 Collins) Tdr Reso Page 8 of 10 PASSED and ADOPTED this Jill day of October 2006. ATTEST: t? -00 ' ~e, (I. uJ<&!~ Jane A. Hines, CMC, City Clerk VOTE: Mayor Norman Edelcup Vice Mayor Brezin Commissioncr Thaler Commissioner Goodman Commissioner Iglesias /yes .JL:yes -Lyes ./ yes ./ yes CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission Moved by: Vi~ Ha.~o(" :hre.2-if) Second by: C.ommiSSiolllU" .:cj~& no no no no _no Page 9 of 10 ~ STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, Priscilla Walker, Deputy 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. 06-Z-' D3 adopted by the City Commission at its meeting held on the 1'1,"" day of OC!.-to beY-' 2006. Issucd: October 013, ~OOl..p . r) I ' U7'\J.A(!.:OO", uJt:LfL1~ Priscilla Walker, CMC, Deputy City Clerk . '. R06-Z103 Ocean Palm-Chi (15795 Collins) Tdr Reso Page 10 01']0 To: Via: From: Date: Re: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Roslyn Bruin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner (305) 947.0606 City Hall (305) 792.1565 Fax (l05) 947.21 SO Building Department A. John Szerlag, City Manager lIans OUinot. City AI/orney Jane A. Hines, CMC, City Clerk MEMORANDUM The Honorable Mayor and City Commission A. John Szerlag, City Manager Jorge Vera, Assistant City Manager Robert C. Solera, Community Development Director October 17, 2006 Ocean Palm Development, LLC. RECOMMENDA nON This resolution is presented for your consideration. REASONS The applicant proposes to construct a 4I-story condominium tower consisting of 38 dwelling units. The applicant is also requesting approval of the Transfer of Development Rights (TORs) in the amount of33,668 square feet and zero (0) dwelling units. Agenda Item 3 t\ Date 10-11- O~ Chi Rev 10-10-06 City of Sunny Isles Beach Development Review Report I. Project Summary Application #: Z2006-04 - Chi Site Plan. Application Summary: The applicant proposes to construct a 4 I -story condominium tower consisting of38 dwelling units. The applicant is also requesting approval of the Transfer of Development Rights (TDRs) in the amount of 33,668 square feet and zero (0) dwelling units. Applicant/Owner: Ocean Palm Development, LLC 2410 Hollywood Blvd. Hollywood, FL 33020 Phone: 954-920-7798 Fax: 954-920-4458 Agent: Cliff Schulman Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, Florida 33131 Phone: 305-579-0613 Related Applieation(s): Site Plan approval4I-story condominium and 38 dwelling units Transfer of Development Rights-Request for 33,668 square feet and zero (0) dwelling units. II. Site Information Site Area: 0.889 acres. Location: 15795 Collins Avenue. Land Usc: Mixed-Use High Density Resort (MUHDR). Zoning: Mixed-Use Resort (MU-R). Ad' P ~Iaeent rODerhes: Existin!! Use Zoning Land Use Plan North Multi-family residential MU-R Mixed Use Hi!!h DensitvIResort East Atlantic Ocean N/A N/A South Multi-family residential MU-R Mixed Use High DensityIResort West Multi-family residential RMF-2 Medium to High Density Chi Rev 10- I 0-06 III. History Miami-Dade County Resolution No. ZB-I5-61, January 16, 1961 to permit a swimming pool for the existing motel Ocean Palm originally constructed in 1943 approved under Miami-Dade County. The project has no previous history with the City of Sunny Isles Beach. IV. Request 1. Pursuant to Section 265- 18 of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting a site plan approval for a 4 I -story condominium consisting of 38 dwelling units. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations the applicant is also requesting the transfer of thirty-three thousand six hundred sixty-eight (33,668) square feet and zero (0) units of development rights from the City's Transfer of Development Rights Bank ("Bank"). (An adjustment to be made for a decrease of 33,668 sq. ft. and eighteen (18) units from the City's Transfer Development Rights Bank). V. Department Analysis a. Zoning The applicant proposes to construct a 4 I-story condominium tower consisting of38 dwelling units. The building is situated between two proposed condominium buildings that are higher and with a greater density than the proposed building under this application. The applicant is proposing 42 units per acre, under the code 50 units per acre is allowed. The applicant has made every effort to provide a design that conforms with the Land Development Regulations. The department has review the site plan for compliance with the Land Development Regulations, and have found the proposed development to conform. b. Planning The proposed development is consistent with the following objectives and policies of the Sunny Isles Beach Comprehensive Plan: Objective 1. The location and configuration of urban growth through the year 2015 shall emphasize the protections and preservation of existing residential areas and the renewal, rehabilitation and redevelopment of obsolete commercial and beachfront development. Policy IA. The City of Sunny Isles Beach shall give priority to in-fill development on vacant sites, and redevelopment of existing, obsolete commercial and beach front development. Objective 10. Promote quality beachfront development that is compatible with the remainder of the City. 2 Chi Rev 10-10-06 Policy lOA. Ensure that new development along the beach provide the necessary on-site amenities to accommodate the needs of residents and guests VI. Art in Public Places The intent of this chapter is to promote and encourage private funding programs to further the development and public awareness of and interest in the al.ts and cultural assets. It is the purpose of this chapter to promote the general welfare through balancing the community's physical growth and revitalization and its cultural and artistic resources through private funding of works of art. I. Standards for Approval for Placement of Artwork on Private Property (104-4.2): Required: No site plan for a multifamily development project shall be approved by the City Commission unless a work of art is depicted as an integral part of the development project. Provided: Artwork to be incorporated into water feature. VII. Zoning Data I. Minimum Lot Area and Width (265-35.D(I): N/A. Required: N/A. 2. Lot Coverage (265-35.D(3): Complies. Required: The combined plot area covered by all principal and accessory buildings shall not exceed 60% of the area of the lot. Structures whose rooftops level is connected by walkways directly at the rooftop level to a multifamily structure, and that have a flat roof structure that is fully improved with landscaping, usable plazas, terraces, active unenclosed recreation facilities and the like shall have a combined plot coverage of all structures, including the above described improved rooftop structures not to exceed 80% of the plot area. Provided: 31 %. 3. Provided Front (tower) (porte eoehere) (garage) Rear 75' 50' 10'. No portion of garage structure shall extend above a slope beginning at the elevation of the public sidewalk and rising east from the ten-foot setback line one foot verticall for each four feet horizontall . Bulkhead line or 20' from the rear property line, whichever is closer to Collins A venue. 110'-6" Complies. 52'-5" Complies. 10' Complies. Bulkhead line Com lies. 20' 3' for ever 22' Complies. 0' Com lies. 20' 3' for ever 20' Complies. 1 0' Com lies. ht above 6' above grade. 3 Chi Rev 10- I 0-06 4. Minimum Separation Betwecn Buildings (26S-3S.D(S): N/A. Required: Primary use buildings exceeding 20 feet in height above grade on the same site shall be separated by a minimum of 100 feet as measured parallel to Collins A venue. 5. Maximum Building Width (26S-3S.0(6): Complies. Required: For parcels under 200 feet in width, existing as of the date of the passage of this . chapter, the maximum building width, as measured parallel to Collins A venue, of any single structure or portion thereof exceeding 20 feet in height above grade shall be 60% of the lot width provided, in no event shall the balconies encroach into the setback of the side yard. Provided: 58 feet. 6. Beach Access Easemcnt (26S-3S.0(8): Complies. Required: 15 feet wide and located within a required side yard setback. Provided: 20 feet wide and located within the north side yard setback. 7. Floor Arca Ratio (26S-3S.0(9)(b): *Complics. Permitted: 2.50 (96,812 sf); 4.0 with FAR Bonus (154,900 sf); 5.2 with FAR Bonus and TDR's (201,370 sf) Provided: Base FAR (2.5): = 96,812.5 sf FAR w/Bonus (4.0): = 154,900 sf FAR w/Bonus and TDR's (4.87): = 188,568 sf *Pending City Commission approval ofTDR's. 8. Maximum Owclling Unit Ocnsity (26S-3S.0(10)(a): Complics. Permitted: 50 dulac = 44 units. Provided: 42.7 dulac = 38 units. 9. Minimum Unit Sizc (26S-3S.0(11): Complies. Required: 550 sf. Provided: 4,678 sf. 10. Open Space (26S-3S.0(IS): Complies. Required: Landscaped open space not less than 40% of the total lot area shall be provided. Required open space may be located at grade or on flat structure rooftops. Pools and pool decks, unenclosed recreational facilities and play areas, and landscaped plazas may be counted towards the open space requirement provided that not more than 50% of the required open space shall be in hard surfaced areas and all such paved areas be landscaped with shade trees and palms consistent with the recreational use space. Publicly accessible open space provided in accordance with Sec. 265-35D(9)(c)[5], Public Oceanfront Park and Open Space Enhancements Bonus, may be counted towards meeting open space requirements. Provided: 78%. VIII. Off-Street Parking and Loading Standards Provided 4 Chi Rev 10-10-06 Multifamily dwelling (1.5 spaces/unit) 57 57 b) Tandcm parking spaces (265-46.A(4): Complies. Required: 20% of the required off-street parking spaces, other than handicapped parking, may be permitted as tandem. Provided: 10% (6 spaces). c) Rcquircd handieappcd spaces (265-46.A (6): Complies. Required: 2 (2%). Provided: 3 d) Minimum parking stall size (265-46.A (7)(a): Complies. Required: 9' x 18'. Provided: 9' x 18'. Off-street loading a) Minimum size (265-46.D(I)(b) and (265-35.D(14)(a): Complies. Required: I I' x 35' in the MU-R district. Provided: II' x 35'. b) Number of spaces (265-46.D(2)(e): Complics. Required: I. Provided: 1. c) Location (265-46.D(2)(e)[I]), (265-46.D(2)(d)[l)) and (265-35.D.(14)(b). Complies. Required: Loading spaces shall not be located within the front setback area. Provided: Loading space located behind front setback. IX. Outdoor Lighting Standards a) Lighting Plan (265-74(B): Complics. Required: A plan which shows the photometrics of the site's lighting for vehicular use areas, outside building areas, signs and streets shall be prepared by a registered professional engineer. Provided: Photometric Plan provided. b) Maximum Level of Illumination (265-74(D): Complies. Required: Spillover shall not exceed 0.5 footcandles measured vertically along the property line at the perimeter of the property. Provided: Complies. c) Light Height Standards (265-74(E): Complies. Required: 12' for non-cutoff type luminaries. 30' for cutoff type luminaries. 5 Chi Rev I 0-1 0-06 X. Conditions Conditions to bc eomplctcd beforc bclow grade or building permits are issucd. (I) The Applicant shall submit any and other documentation and payments required by the City to effectuate the transfer of development rights and further procedures being developed to effectuate this program, not withstanding 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 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. (3) That the project shall be developed substantially in accordance with the plans submitted for public hearing. Plans are on file and may be examined in the Planning and Zoning Department entitled "Boundary & Topographic Survey" prepared by Fortin, Leavy, Skiles, Inc. consisting of 1 sheet dated stamped 05/15/06 and plans entitle "Chi" prepared by The Sieger Suarez Architectural Partnership, including "Cover Sheet" "Tabular Data" and "Location Map", consisting of 23 sheets dated stamped 05/15/06 and plans entitled "Survey with proposed building outline (proposed public Oceanfront Park)" "Site Plan" "Site Plan Setback" "Lot Coverage" "Open Space" "Subterranean garage floor plan-level 0 I" "Subterranean garage floor plan- level 02" "Lobby/pool deck floor plan-level 01" "Traffic-of street loading analysis" "Mezzanine/spa floor plan-level 02" "Upper spa floor plan-level 03" "Typical floor plan-levels 04-41" "Typical floor plan-unit 'A' " "Typical floor plan-unit 'A-mod' " "Roof plan" "East and west elevations" "North elevation" "South elevation" "Diagrammatic east/west building section" "Diagrammatic north/south building section" "Parking details" and "Lobby/pool deck floor planting plan-level 0 I" "Public Oceanfront Park-Planting Plan" "Plant Specifications, Details and Plant List" "Lobby/Pool Deck Floor Landscape Lighting Plan-Level 0 I" prepared by Eager, Gaines, Sieger and Suarez EGS2 consisting of 4 sheets dated stamped 05/15/06 and plans entitled "Lobby-Photometrics Plan", prepared by Florida Engineering Services Mechanical and Electrical Engineers FES consisting of I sheets dated stamped 05/15/06. 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 easement exactly 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 Streetscape Master Plan (the "Streetscape Easement"). 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. I (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 and the landscaping Streetscape Easement over, across, under and through all of these easements, all of which shall be fully accessible to the public and clearly designated. The Declaration of Restrictive Covenants shall 6 Chi Rev 10- I 0-06 specify that the proffered easements, in perpetuity. The provision of twenty-four (24) hour valet parking services for owners and their guests shall be included in such Declaration. (6) That the Applicant submit evidence of purchase of the required 33,668 square feet and zero (0) units of TDRs for the approval of the City Administration, which shall then, in 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 Ocean Palm Development, LLC., which Bank Statement shall also reflect all approved sites and the units ofTDRs attributable to each site. (7) That the Applicant shall provide the City with a non-refundable deposit in the amount often percent (10%) of the approved purchase price of $3,749,268 for the TDRs purchase from the City Bank. The total amount of the deposit is $374,926. Failure to pay the required deposit within the three (3) working days of approval of TDR application and site plan application shall result in an automatic voiding of the City Commission approval of the Receiving Site, transfer ofTDRs, site plan approval. (8) 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: (I) Access Easement (2) Beach Access Trust Fund (3) Public Beach Recreational Enhancement (4) Collins Avenue Public Streetscape Enhancement (5) Sunny Isles Public Parking (6) Public Oceanfront Park & Open Space Enhancement 0.10 0.20 0.50 0.30 0.20 0.20 $88,900 $177,800 $444,500 $266,700 $177,800 $177,800 The total contribution for all Floor Area Ratio bonuses for the development is $1,333,500 for a total increase in floor area ratio of I .50 for a maximum floor area ratio of 4.0. (9) That the Applicant comply with all conditions and permit requirements of the Department of Environmental Resource and Management (DERM), the Miami-Dade County Fire Department (MDFD), Water ands Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FDOT). (10) That the Applicant shall submit plans for the constmction of an appropriate barrier between the constmction site and adjoining properties in order to minimized 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 efforts to minimize vibration and noise during the construction of the project. (11) That the 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. 7 Chi Rev 10- I 0-06 (12) That in the event of multiple ownership, a master homeowner's 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. (13) 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 the City of Sunny Isles Beach) have been paid. Conditions to be completed before any Certificate of Occupancy is issued (I) 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 professional(s) employed by the City as the Manager shall deem reasonably necessary to enable him/her 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 hislher 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 (1/3) 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 ifany 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 perfonnance of public improvements required pursuant to 8 Chi Rev 10- 10-06 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 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 Avenue 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. (I I) Applicant shall provide one shower and one footwash facility on the Beach Access Easement. Other Conditions: (I) 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. Ifno 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). 9 Chi Rev 10-10-06 (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 October 17, 2006, but in no event later than 5 p.m. on Friday, October 20, 2006, 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 re-file an application for development of the Property for one year. 10 Greenberg Traurig ~ l, I: ~ ..~W ~ ~ . ';J Chf()dARttAWNING & ZONING DEPT. 13~lUl.2. Direcl Fall:: (305)961.S613 E.MaIL schulmanc@g1lawcom May 11,2006 VIA HAND DELIVERY Jorge Vera, Zoning Administrator City of Sunny Isles Beach ] 7070 Collins Ave., Suite 250 Sunny Isles Beach, Florida 33] 60 Re: Chi / Property located at 15795 Collins Avenue / Application for Site Plan Approval and Transfer of Development Rights / Letter of Intent Dear Mr. Vera: On behalf of Ocean Palm Development, LLC (the "Applicant"), which owns approximately .889 contiguous acres ofIand situated at 15795 Collins A venue (the "Property"), we respectfully submit this letter of intent in connection with the above referenced proposed residential development. The application includes two alternative site plan requests, one which utilizes Transfer Development Rights (TDRs) and one which does not. Once the determination has been made as to whether the utilization of TDRs is possible, the site plan which does not apply would be withdrawn. By and through the enclosed Application, the Applicant respectfully seeks approval to redevelop the Property from its current use as a motel with a new luxurious residential condominium tower. In order to effectuate this proposal, the Applicant respectfully requests the following: (I) approval of the site plan proposals adopting the redevelopment plans entitled "Chi" as prepared by the Sieger Suarez Architectural Partnership dated April 28, 2006, consisting of 27 sheets; and if necessary (2) approval of the utilization of Transfer Development Rights (TDRs) in accordance with Section 265-23 of the City's Land Development Regulations (LDRs). The Property, which is improved with a motel originally constructed in 1943, is located east of Collins Avenue along the Atlantic Ocean. At present, the Property abuts two approved residential developments which have not yet been finalized. The Property is situated in the Mixed Use - Resort (MU-R) Zoning District and is designated Mixed Use - High Density / Resort in the 2000-2015 Comprehensive Development Master Plan (CDMP). Uses permitted within this land use designation and zoning classification include a wide variety of residential, hotel, motel, and mixed residential-commercial projects. Section 265-35(A) of the LDRs sets forth the intent and purpose of the MU-R Zoning District as follows: CrpE'ntJE:"g lrauf'g. PI- I Allornevs a1 law I 1221 Brickell AvenuE' r r'1lami. F l 33131 I Tel 305.5790500 I Fax 305 5790717 I WWVI' gtlc;w (om .....~v.c- .~.- Page 2 December J 9,2005 The Mixed Use Resort (MU-R) District provides for high densitv residential development of multifamily dwellings at a maximum density of 80 dwelling units per acre, hotels, apartment hotels at 125 units per acre, retail goods and services, conference facilities, and entertainment activities consistent with the City's Comprehensive Plan Land Use Element and the corresponding Mixed Use-High Density/Resort land use category. Consistent with this provision, the Applicant herein proposes to redevelop the Property as a new thirty-eight story (forty story with TDRs) oceanfront residential condominium tower with a total density of thirty-two (thirty-eight with TDRs) dwelling units. This new tower, named "Chi", is an inspiring architectural monument designed in a contemporary style that is consistent with and will serve to compliment the redeveloping shoreline in the City of Sunny Isles Beach. In order to further the intent of the MU-R Zoning District and to insure compatibility with the new upwardly mobile character of the area, the Applicant has designed the Property with luxurious dwelling units with oversized living areas that average 4,678 sq. ft. in size. In order to accomplish this proposal, the Applicant has incorporated the use of TDRs and available floor area bonuses into the proposed development plans. The proposed utilization of TDRs and the FAR bonuses is sought in accordance with Sections 265-23, 265-35(D)(9)(c)(l)(a), 265- 35(D)(9)(c)(l)(b), 265-35(D)(9)(c)(2), 265-35(D)(9)(c)(3), 265-35(D)(9)(c)(4), and 265- 35(D)(9)(c)(5) of the City's LDRs. Please note that the proposed development is in compliance with all of the MU-R zoning regulations and does not require any variances or waivers. Thank you for your consideration of this application. We look forward to your favorable review. If we can provide you with additional information or documents, please do not hesitate to contact me at (305) 579-0613. Sincerely, 1/~1 1 J/?/ ~'I .'1 i/ U-u<.I -' """,rrL.<..'"<-<,"<,-:,,~,,:<,,'--'-c".z i~~ Clifford A. Schulman /\".' Enclosure cc: Bruce Goldstein Charles Sieger Jose Suarez MIA.FS IIA VINOJIJ72 1 I 76v011717105 GreE'nberg T rClung. P A fll I' ".' . - 2':.'.0"'-.'. - IU' Hit .l\ I !~, ..' ~- t!:Vj ~~-Ot.t NING & ZONING DEPT. PUBLIC HEARING APPLTC 1. Ocean PalmMotel Inc. N~eofApplicwt company authorized to conduct business in Florida. a. if app1i.can1 is the owner, gi.. name eDCdy .. ..cotd<<l on deed. b. If applli:anl is Jessee, attach copy of valid Ie..e of one (1) yeu or more and Owners Swom-fX>.Conscnt C. If spplJcant is a eotponDoll, partxzel$Wp.limiled panncnhip. or tru5tce, a sep""'tc DisdoSUJI: of Interest lOan m",t be completed Hearing # -:;C.-aoo" -04 Date Received Folio Numbe,r: Mailing Address 2410 Hollvwood Blvd. City. Hollvwood State Florida Tel. # (cluringworking hours) 954-920-7798 Other 2. Name of Property Owner Ocean P,alm Motel,Tnc 3. Mailing Address 15795 Collins Avenue, City. Miami Beach State Fl Zip 33020 954-920-4458 Fax Zip 33160 Tel. # (ducingworking hours) Other 4. Contact Person Clifford A. Schulman, Greenberg Traurig, P. A. Mailing Address 1221 Brickell Avenue City. Miami State Florida Zip 33131 Tel # (during working hours) 305-579-0613 Other 305-579-0837 5. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPUCATION L if subdivided, proride lo~ block, complelt name ofsubdivisioll, plal book and P'B" number. b. if meles and bounds descriptiOll, plOride complete Iego! descriptioo (Including sectioll, township and noge). e. jf sep8llltc request apply 10 diflem1t....., plOride the legal description of each uea covered by a sepatlltc request d. atl:ich a separatE, typed ,heel if ="'"y. Verify the legal descriptioo is Correct See attached Exhibit "A" attached hereto and incoJ:lporated herein. ~~~"'::'~~~~-,'---:o.:.....;.~r:-=-......v.~.or~~~~r~'t:::c-..::..4-_._._ _ '~"'II:o=-:;:'~";l:;:~....:<::..,::.: City of Sunny Isles Beach Planning and Zoning Department 6. Address or location of subject propert)': 15795 Collins Avenue 7. 8. Size of property: ft. x ft. acres +/- .889 Date subject properly acquired ill or leased 0 9/1993 day of term oElease years/months. 9. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If lengthy, please type on a sheet labeled "Contiguous Property". No. 10. Is there an option to purchase r!!I or lease 0 the subject property or properly contiguous thereto? (jj Yes or 0 No rfyes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also). 11. Present zoning classification (s): 12. REQUEST (S) COVERED UNDER TIllS APPLICATION: Please check the appropriate box and give a brief description of the nature of the request in the space provided. o Comprehensive Plan Amendmen~ o District Boundary Change (s) &l Sire Plan Approval. o Conditional Use o Variance o Plat Approval iii Transfer Development Rights o Vested lUghts o Appeals o Modification/Deletion of Declaration or Covenant o Other. 13. Has a public hearing been held on this property within the last year and a half? 0 yes ia no If yes, applicant,; name Date of hearing Nature of hearing ~~:".,:::!..:~".~,:.-:-~:~::,~.,:',:,".,,'~'-:c<:.,~:.'"."'''''.'';~.:'.':~7.":""..:. '.-..~ -: ,- ";.. ,,_. ,,' "'; ::..:.... ::,,;.. '::::~:"":'-~.'':,'~~:'': ,':........'~t..ll~:.:'.:.:..-.;".. ~!..<:<.~'";"".. ;:.z-.':"::::;;-.i ..~_.:.,_, .... .. . City of Sunny Isles Beach Planning and Zoning Department Decision of hearing Resolution # 14. Is this hearing being requested as a result of violation notice? 0 yes II no If yes, give name to which violation notice was served Nature of violation 15. Are there any existing structures on the property? ~ yes 0 no If yes, briefly describe Mote 1 16. Is there any existing use on the property? 6iI yes 0 no If yes, what is the use and when was it established? Use Mote 1 Established '~'l'\l::'~r.;;-:.:,..,:;.,:,,:~:,-;;::=-_-:::;:,,;,-_,,;,:~.:....;:-~_ ;_~.. City of Sunny Isles Beach .' ~.' '. : ~:: ..",.' '::'.~-:;_ ,=.'<-_-'_-_'~.7., ",'-""' :"-:',:~~':,:-:-~"",_-,'::':'O:-.;":":.7'"'-:-;-,--;:q.,..,",",,-... Planning and Zoning Department EXHIBIT "A" Lot 79 of TATUM'S OCEAN BEACH PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 35, of the Public Records of Miami-Dade County, Florida, which lies East of the Easterly right of way line of State Road A- I-A per State Road Right of Way Map Section 8 7060-2104, Miami-Dade County, Florida. OWNER OR TENANT AFFIDA VJT I. , being fIrst duly sworn, depose and say that 1 am the 0 owner 0 tenant of the property described and which is the subject matter of the proposed hearing; matter attached to and made a part of the application are honest and true to the bes t of my knowledge and belief 1 understand this application must be complete and accurate before the application can be submitted and the hearing advertised. Signature Sworn to and subscribed to before me this_day of ._ Notary Public Commission Expires .....................................................................................................................................j~....l............. ::r CORPORATION AFFIDAVJT %. B~vc.<. Golas: +6,., , being fIrSt duly sworn, depose and say that.we 4- W>\ -- the [] Preside", I'J -y'jce Ple,ideal ~.a 0 Secretll.:l 0 A.dl. Scc,ct>u.y-of the aforesaid cotporanon '" M"., b.. ~ and as such, have been authorized by the cotporation to fde this application for public hearing; that all answers to the questions in said application and all sketches, data and other supplementary matter attached to and made a part of this application are honest and true to the best of our knowledge and belief, that said corporation is the 0 e..../Icr 0 terwlt of the property described herein and which IS _, ^ d, r C "1 t- '"c. r the subject matter of the proposed hearing. We understand this application m complete and +, for, \-, as e accurate before the application can be submitted and the hearing vertise (Corp. Seal) 'CyA,lte$;: uz. G~ Ie! f~ "0 , Sworn to and subscribed to before me )c:{ . d. ~ ~ th,~day 0,~..;;;j(~,"'t'ebi1~~ S:rllrfauIl6~_L /. . ob. ,'R.' ~~ ColDlD1SSlon#DD370ISS NOtary,~/b' ~;i..~.1:J Expires: Nov 08. 2008 Commission Expires I ( / .f '.."'....0." Bondedlluu ..................................;'O"j~,~,.'...A'UiD"ti~H.ip.AFFiDAm........................~~;l.........U........... We, the undersigned, being first duly sworn depose and say that we are partners of the hereinafter named partnership and as such, have been authorized to file this application for a public hearing; that all answers to the questions in said application and all sketches, datll and other supplementary matter attached to and rrutde a part of this application are honest and true to the best of our knowledge and belief; that said partnership is the 0 owner 0 tenant of the property described herein, which is the subject matter of the proposed hearing. We understand this application must be complete and accurate before the application can be submitted and hearing advertised. e (Name of Partnership) % % By By Sworn to and subscribed to before me this day of % % By By '- Notary Public Commission Expires ............................................................................................................................................................. ':1:.- City of Sunny Isles Beach . - ..._.~......_p.-.--- .,... ....-~. -..--. .--. . ."-'" .- -.. . Planning and Zoning Department STATE OF COUNTY OF Before me, the undersigned authority, personally appeared_\ V'Vl (<.. S"+rlLW ~M.'v7 , hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: OWNERSHIP AFFIDAVIT FOR CORPORATION Public Hearing No. .7f. 0-00 G -0 Y. I. Affiant is th.(iiresid~ vice-president or CEO of the ()::e.,,~ 9Mtlo\ M okl, I ()C Corporation, with the following address: . I 5[ q S G, II tYl! A--e I S"'\#J Yll.J S \.f S I '-:::;1 ""3"3110 6 2. The Corporation owns the property, which is the subject of the proposed hearing. 3. The subject property is legally described as: 4. Affiant is legally authorized to file this application for public hearing: 5. Affiant understands this affidavit is subject to the penalties of law for petjury and ." po,obilily of~idmg of MY W.... """"" "kg. Witnesses: (. / _ //fl / ~JMA!.J !)~~ Signature A,tJiant's ~ignature BfI"p 9I1.Eu....E~ I VA-N (<.. S'<<tvl\..,).j<>.,.-"'1"'''1 Print Name Print Name Signature Sworn to and subscrib Affiant i y Identifi tion. June .200QY, as _~M, JJ=;U ~ Notary (Stam~ Commission Expires: ,....... '-'-'-'._~ -,"- ...... ".. ., ............... _..... -. ..-....... ......... .' ..-. '" '. ... .. (;.......11........ .~ NiCH8lAS.G~;:aLANo...! . . Comtrna... . 000180238 ; ; &" ~ ElIp/rel 2/15/2007 ; : """"r:t"", Bonded rhrough : :C800.432-<2541 Flo '.1 N : ............. "......... ;~~..~...otEry I.~.~..." Inc. : "'"., ...".....; City of Sunny Isles Beach ;~'.;,..,..'.. ..... .. .:. '.';l:,":'_-:7.'<:i~:.,:<." ;..:::;~,.., :",,-.;;=..~.~'..':":"";.' ,'S...~. - . Planning and Zoning Department Public Hearing No: ~~ -04 RESPONSmILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNING I hereby acknowledge that I am aware that the Department of Environmental Resources Management (DERM) and the Miami-Dade County Fire Department (MDFD) will review and comment on all development applications. These comments sometimes include requirements for an additional public hearing before DERM Environmental Quality Control Board, (EQCB) the preparation and execution of agreements to run with the land, which are recorded, prior to obtaining a building permit. I understand that is my responsibilities as the applicant or applicants representative to promptly follow through with the compliance of DERM and MDFD requirements or to advise this office in writing if the application will not go forward and may be considered withdrawn. Contact with the above-mentioned agencies is advised during the hearing process. Permit requirements: I also understand that the Florida Building Code, DERM and MDFD may contain requirements that affect my ability to obtain a required building permit for my project, even if the zoning application is approved at public hearing. I am aware that a Building Permit is required for all construction and that I am responsible for obtaining the required permit, all required inspections, the Certificate of Use and Occupancy or Certificate of Completion for any and all structures and additions whether proposed or existing without pennits. Additionally I am aware a Certificate of Use and Occupancy must be obtained for the use of the property, if approved at a Zoning Hearing and that failure to obtain the required permits and/or Certificates of Completion, Use and Occupancy will result in the initiation of enforcement action against the occupant and owner. I further understand that submittal of Zoning Hearing application will not necessary forestall enforcement action against the property. Fees: I understand that the hearing fees paid at the time of filing may not be the total cost of the hearing and that I will be advised of any other fees that e as iated with the public hearing application. \ 6fl.lc.e G on \:ekq It ~ Print Name De-e."" rat", De v e 10 p.",e-, +/ L.LC Notary: Sworn to and subscribed before me this cJ7 day of {/U./I..-L ,9-IJ&(, / !t",.:..e.-I,'!i j::{::f:::f:;.c.,....,.:.,',~ Notary Public-State of Florida My commission expires I, IF I (i J'7 . ! ,~;;;;~~.;~ Kenneth S. T etl'cault ;:~'~":~ COmmission #DD37015S ;";'. \:l.:," Expires: Nov 08 ?O(}" ~.."'''''' .~Q~ 8 ,--. ~ ",/'0; jl.C,,-' onded TIIIH """".....!:\rJary.ii.c...JJC?nd.i!lg(;' .. .... Planning and Zoning Department City of Sunny Isles Beach mSCLOSURE OF INTEREST If the property which is the subject of the application is owned or leased by a CORPORA TION, list the principal stockholders and principal officers or stockholders consist of another corporation (s), trustee (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). Ocean Palm Motel, Inc. Corporation Name Name. Address and Office . \ Vl',.1'\ R. S,h-", LV+e (1"14'1 r~o;,;~t' _151'1 $"" G..H lnS ~. S" \.1>\""'" \ .s.}.p s) 8 T 33){,/l Percentage of Stock \ ~07~ If the property, which is the subject of the application, is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage ofinterest held by each. {Note: where the beneficiary (s) consist of corporation (s), another trust (s), partnership (s) or other similar entities, further disclosure shall be required which disclosures the identity of the individual (s), (natural persons) having the ultimate ownership interest in the aforementioned entity} . Trust Name Name and Address Percentage of Interest ,.~; -.. .,",""-: :",:;-.:: -.r:~-~~"" ',"::' :::,':' .. . ..,..- -,. ~ . .~ _... .. -.. "':::'";;":"';"-"";;'.7':<;;'::<:'::-..';-".,-.:,,:::-,-:0-.7;-':-'::':';":'"'r"',."::..~.~::,..;:",,. . City of Sunny Isles Beach Planning and Zoning Department If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in the application to the best of my knowledge and belief. (Applicant) , 1 rc,wTe.,. Sworn to and subscribed before me, This ,~~ day of-d v Tl.Jf , 200 Lf (Seal) My Commission Expires: ..........IU.."..... 1......."...........N..I~!I!.U~.:..l G MILANO : . \\\"'~ ~. : ! 4~' ~'\ Commission. 000180238 ; : f1~ a Expires 2/1 &2007 : ..", "'- . : \~1'oHI.'i;j".f'..i ['ended th~Ol!gh : i(D;;~;t~~'~". :~-:' ",: '..~~.' '. .:".: !:.~:,.~ ............ * Disclosure shall not be required of any entity; the equity interest is which are regularly traded on an established securities market in the United States or other country; or any entity, the ownership interest of which are held in a limited partnership consisting of more than 5,000 separate interest and where no one person or entity holds more than a total of5% of the ownership interest in the limited partnership. . -,_._.,,~.~..~..- -.-' ...-- ....-...._...... ..... . ---- ...-.. -.. - -............... '." ....... --.. ''''', -..... :- -.~-' -;''''.J':':' .=' :..0\."'.:',,''''';;:. '?'_-""'';''''':__''-~':'':Z::''''<:;'''-::::$~';:.,,__ . Planning and Zoning Department City of Sunny Isles Beach OWNERSHIP AFFIDA VIT FOR LIMITED LIABll..ITY COMPANY I ~~=~F ::Dade I Public Hearing No. I Before me, the Wldersigned authorities, personally appeared Bi\ree.iGlll&tei'ij. hereinafter the Affiant, who being duly sworn by me, on oath, deposes and says: I. Affiant is a Member of Ocean Palm DeveloDment, LLC. a Florida limited liability company authorized to conduct business in Florida (the :Company"), with the following address: 2410 Hollvwood Blvd.. Hollvwood. Florida 33020 2. The Company owes the property that is the subject of the proposed hearing. 3. The subject property is legally described as: See attached survev 4. Affiants are legally authorized to file this application for public hearing. 5. Affiants Wlderstand that this affidavit is subject to the penalties of law for peJjwy and the possibility of voiding of any zoning granted at public hearing. Witnesses: BY: Ocean Palm Development, LLC, a Florida limited liability company BY: Signature 4C e~~ Print Name Signature Print Name Sworn to and subscribed before me on the . WJ day of M 1 ,2006. Affiants ar rsonally known to e or have produced as identili"cation. ...4 U.-,~ s: l-b?u~.,(<. "~~~YP"" efJl..~Il;'. icfe U.l ~~~~. .'. ','-;. ~~JllVj/UD) ~; ~,"'': kjiifesfNovtf8,2008 ~~,:"iO;f~O'f,,~ Bonded Thro I J Commissib\1' EXpirM",,';c Bonding QilM';'i /. 1I { I CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARINGS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on Tuesday, October 17,2006 at 7:00 p.m., to consider the following Zoning applications: A. Ocean Palm Development, LLC., a limited liability company authorized to conduct business in Florida. Location: 15795 Collins Avenue Public Hearing #: Z2006-04 Summary: The applicant proposes to construct a 41-story condominium tower consisting of38 dwelling units. The applicant is also requesting approval of the Transfer of Development Rights (TDRs) in the amount of 33,668 square feet and zero (0) dwelling units. I. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting a site approval for a 41-story condominium consisting of38 dwelling units. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations the applicant is also requesting the transfer of thirty-three thousand six hundred sixty-eight (33,668) square feet and zero (0) units of development rights from the City's Transfer of Development Rights Bank ("Bank"). (An adjustment to be made for a decrease of33,668 sq. ft. and eighteen (I 8) units from the City's Transfer Development Rights Bank). Plans are on file and may be examined in the Planning and Zoning Department entitled "Boundary & Topogrnphic Survey" prepared by Fortin, Leavy, Skiles, Inc. consisting of I sheet dated stamped 05/15/06 and plans entitle "Chi" prepared by The Sieger Suarez Architectural Partnership, ineluding "Cover Sheet" "Tabular Data" and "Location Map", consisting of23 sheets dated stamped 05/15/06 and plans entitled "Survey with proposed building outline (proposed public Oceanfront Park)" "Site Plan" "Site Plan Setback" "Lot Coverage" "Open Space" "Subterrnncan garage floor plan-level 0 I" "Subterrnnean garage floor plan-level 02" "Lobby/pool deck floor plan-level 0 I" 'Traffic-of street loading analysis" "Mezzanine/spa floor plan-level 02" "Upper spa floor plan-level 03" 'Typical floor plan-levels 04-41" 'Typical floor plan-unit 'A' " "Typical floor plan-unit 'A-mod' " "Roof plan" "East and west elevations" "North elevation" "South elevation" "Diagrammatic east/west building section" "Diagrammatic north/south building section" "Parking details" and "Lohby/pool deck floor planting plan- level 0 I" "Public Oceanfront Park-Planting Plan" "Plant Specifications, Details and Plant List" "Lobby/Pool Deck Floor Landscape Lighting Plan-Level 0 I" prepared by Eager, Gaines, Sieger and Suarez EGS2 consisting of 4 sheets dated stamped 05/] 5/06 and plans entitled "Lobby-Photometries Plan", prepared by Florida Engineering Services Mechanical and Electrical Engineers FES consisting of I sheets dated stamped 05/15/06. Plans may be modified at public hearing. Legal: Lot 79 of TATUM'S OCEAN BEACH PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 35, of the Public Records of Miami-Dade County, Florida, which lies East of the Easterly right of way line of State Road A- I -A per State Road Right of Way Map Section 8 7060-2104, Miami~Dade County, Florida. Size of Property: 0.889 acres Zone: Mixed-Use Resort (MU-R). 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, 18070 Collins A venue, Sunny Isles Beach, Florida, 33160. The courts have ruled that it is improper to contact a City Commission member individually, either orally or in writing about any zoning applications. Maps and other data pertaining to these applications are available for public inspection during normal business hours in City Hall. Any zoning hearing may be continued at this meeting and under such circumstances, additional legal notice would not be provided. Any persons wishing to speak at a public hearing should register with the City Clerk prior to that item being heard. Inquiries regarding the item may be directed to the City's Planning and Zoning Department at (305) 792-1710. Please refer to the hearing number when making an inquiry. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise 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 disability should contact the City Manager at 305-792-1701, no later than 48 hours prior to the proceeding; if hearing impaired, please telephone the TDD line at 305-792- I 590 for assistance. l) U\ . ." lD . '" 0 W f; ..J !!! :( >- i! z z . :l 1: '" . u. > .. 0 '" ~ 0: lD l) Z ~ 0 0. ~ rai CO C E " . . . !!: ,2 z ~ 0 1i C t: 0. '0 . U ~ ,~ > 13 :i . . <f) 0 ~ ~ 0 0 = = M ::! 0 ~ N ~ '" '" '" '" X '" '" ... ... M lD " . .0 E .ll . ~ Z 0. i E 0 ~ 0. l- . . t: 5 g z ~ ~ :i .. "0 % .5 '" U j . . . "i: . r . i . , i I I i . ! ! i . 1 . ~ "i ii . . , ~ . i ! . . . . ~ . e ..0 - 5 w ~ 's a: j w ~ coi o~ 011 Nl -' co. o~ -8 o. ....1 t .. , ad -' C'll " o! c:! :81 C'll~ ug =j ..c. ::l~ Q.~ NEIGHBORS CALENDAR '/ s ! i i LIstings are considered for publication free of charge on a space-available bllSis with preference given 10 nonprofit organizations. benems o!Ind free activities. Notices must be r{>celved at leasl two weeks berore the publication date or your evenl's registration deadline. Listings must contain a local or toll-free phone number for the public to conlact and any fees Mail noUces to: Calendar Desk-Newsroom. The Herald.! Herald Plaza, Miami, Fl331J2-169J or e.maillo newscalendar@herard.com(with name and date of event on subject line). For Questions, c;:I1I30S.376-335S from 10 ;:I,m, to 6 p.rn.weekdays. AARPDrlurSll.lyProgr.m: N~tion~IIYCfllifjed:lwolour'hour clanu:diltountlrnaybfofleredby inluranctcompaniuupOncomple. lion. I'S88-227.7669 (Engli$h): 305-261-2S58(5p~nilh). Allo'A.,Obltl: Men tan learn lhe w~rriord.nCfandwomencanlearn lhedance o/Iamba, Drummers will be onh.ndloprovidemusit,HeldaI81l NW 143rd 51, in North Miami: 7:30 p.mWednes.days:free. 786,546-6630. S"ryUnlv"lltyEnglllhCtul: Beginner,inlelmediate,advanted andmulerlevelslh~lincludeleSlons inl>slening,lpeaking,reading,wliting andgranvnar;5-9pm.Monday- Thurlday: Barry Univelsily. 11300 NE 5econdAve.,Mi~mi5hores. 305-899-3390. B.glnn.rFllm'fl(oDlnt.:Clnsn for namenco: 6:45 p.m.(entry level}; 7:45 p.m. (beginner III WednesdaYI: JakmelGallery,CullulalCenterand CaribbfanBatkyard,147 NW361h51" Miarni:S60forsevenclassu:S10per class:dueloconstrutlionparkingil available in lhe real 01 the gallelY. 305-757'5404. DUlrVIlI,Clallu:AleriuofBrazil- iandanCf~ndmuliclelsons;Deau- villeBead'lRuorl,6701CottlnsAve. MiamlBea~h.30S.674'0709: . Lurnloplaylhebatucada(Bralil- landrum),bringinllrumenls.includ- inglhesurdo,repeniqueandlhe a9Qgo:7p.m.FridaYI:lree. .S-ambalUSOIlS:8p,m.Fridays:lree . Fulaumbaparty:9p.m.Fridays: SIO. Do,lt:Parlicipanllcanlearnways10 treate an enelgy elficienl home lhroughlheuseofdifterenlllghl bulbsandlheenelgyslareffitlenl 10go.Takespla~ealaItHomeoepols; lp,m.5undayOct.8-22:variousloca- lions.I-800-S53-31990rhomedepol tlinics.com. Thl FlyIng Tup.lI School: CI~ssu Acllv. DlvtlJ Anoellllon: Olferl forbeginnerlndadvancedlrapue dlscounlweekendhatf-daylripsfor arlills: 6-8 p.m. Thursday.Fliday;3-S cerh'ieddlvels.SafelyandCDnlerva_ p,mand6-8p,m.Saluldayand5un. lionare51ressed.50tlalachviliel day;8ayflonl Palk, 305 Bi5~ayne ~~heduled Ihloug~oullhe yeal: S2Sa Blvd" Miami: S40 uchdass: S10 for a year single or family. 30S-2S1-49ISo' lryandfly.786-239-817Sorlhe info@atlivediverSOlg rtyinglrapele,nel ArchuolollySoclllyolSouthlrn ~~~~r~:~gr:cl~r:l~.o~~~~:I~::,I': -_~~::~~:!o~e~~~::e:~l~~t~~~~ ~g~!- Parlitipanlscanlearnaboullhehis- Otl. 12: Ceelil'lg Eslate, 16701 SW loryollhethocoTaleandprepare 72ndAve.,PalmeUoBav:free.Calt thCltolalelreals:6:30-g:30p.m,Otl Ba.bala Tansey II 786-457.0918 11: Johnson & WalesUniversily, 1701 Bllsln.n Plolllllonal Womu Hilmi NE 127th 51.. North Miami; SllS Sho,..: Gayle Carson,alhlu lime 305.892.7000. cancersurvivorwitttalk'boulblUll Nunlnll Aulsllnls Incl LPNI: NUls- cancer awarenelS,Carson il also Ihe ing usislanlsandLPNI tin take lhe author of Willtling waYJ and Howto tOUlse laughl byHelen Lovely, RN 10 be an S.OB.-A Spunky Old Broad prepare lor the Nursing BClIrdl: 8:30 WlloKkks Bull: 6,30 p.m, Ott 13: am. second Salurdays l~rough Nov. Miami ShOle5 CounllyClub,10000 11; Jatkson MemOlial Hospilal,l&l1 BiscaynrBlvd"Miami5hores:S26 NW 12th Ave., Miami; $50. 305-758'2155. 305-233-9898. CI.ulc/ForllgnFHmDhcuulon: SlllnldGlanDlmonllrtllon:Learn ~ow 10 make glusprojecll hom a stainrdglassarlill:6:30p.m.Tues- CLASSES daY5,IOam.5aluldays:Penguin Cove51ainedGlass.14230W.Dlxre HWy., Norlh Miami; Irer: reservations ,equired.30S.892-0090 TlngoTlm.ISlucllo:Lessonslorthil. dren and adulls: Tango Times 51udiO, 1613 NE 163rd 51.. Norlh Miami Buch: $12peltlau.SSOlo.Slessoncard 786-221-5976: . Grouplango:8p.m,Mondays, Thursdays I Tangoforpreteens:6.7:4Sp.m Wednesday . Atgenlinelolklored.nce:7pm Tuesday. . BeltyDancinll:10-11:45 a,mSalur- daYI T.olsITIIChl:aellinnentlnlakrl~e tourseoUeredbylhe Taoisl TaiChi 50~iely;6:3D-7:30p.m. TuesdaYland Thursdays;MarjorleandWitliam McoonaldCenler.1701lNE19lhAve. No,thMiamiBeath.30S-948-2972 TlnnlsIISlnISout!: Lusonl for beginning ,inlelmediate and advancedadulllennisplayers:Penny Sugarman 5ans So-uti Tennis Center, 1795 5ans 50uci Blvd., Norlh Moami 305'893-7130; . Men's Tennil forHardHIUers.learfl lospinforpOwerandtonlrol:10'30 a m.-noon 5aturdays;$20,SI8pel NOllh Miami residenl per lesson: S96. S90 lor six llroup les50ns . TennilfOILile,learnlhefunda- menials of proper slroke trchniQue and9ameplay:7.8:30p.m.Wrdnel' day5and Thursdays: S20.S18prl NorlhMiamiresidenlpellesson:S96. S90forsi_grouplenonl, TrlbIIDoubl.SwordWotbhop: Learnl~elundamrnlalsolt'ibal-s{yle double sword Class laug~l by Rimalah Ha.e,choreoglapher; 2:30- 5:30p.m. Oct. 14,Mld Eastern Dance Exchange,3S0lintoln Rd.5ulle 505, Miami Beath: S60. SSS in advance 305-538-1608. CLUBS/MEETINGS 'TURN TOCALENDAR,49 47 c.. _..,.~,.. .. ,,\ \ ...: .', " o',,~"" .......;.<' ~ .. * ~ >' a % a 9 a % . . E ~ CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARINGS HOTlCE IS HERnY GMH thaI I P'Jblit n!NiI1g wiR be Il!Id by Ill! Cily Commiss'OfI 01 the c.~ 01 SiJMy hIes 8e,,~, f~a, in ~ ComrniSsioo I ~~~.IS, SuMllslel Beac1l cO\'ernmen,l ten!.!r, IS010 C(l'iio5 Avenue, Sunn, Isles 8eath, FIor~ on Tundl" Oclobtr n, ZOO6 " 7!lCl j).m" 10 ~~~~-~~ ~ - A, Omn Palm Oevelopmen~ U.C'I a limited UabUify companr .lflhortzed to COllduct business In Aorida, Lotl~on: 15195 Co/Ii~sAYenue Public Muring I: l200fHl~ Sumllllty. Tile IIIplitMltl)l"09OU5Io 0Jl\11ruc11 Cl,s!tirJ cooMinium low!lWl~ oI3a dwelliag unils. Tile a(lp/iCirll is also ~~IIO IpprO\'~oItheTlwrer of Om1opme~1 Rig~ls (lOlls) iIIthe I of 33.66B squn lulalld 1i!l0 (OJ dwelli'lg I. l'ufwanl loSec~ 255.18 rJ, Ill! City 01 SiJnnylslu 8eill'l Luod DeYelo9menIR~al)orls!he applU11 iSreQ~estin~ I $ile !pprO'llIIor. ~t'stotyconilominrumconsistingol:UdwelinguM~ 2, PursullllloSectioll m-2JoIllleCrtyolSiJnn,IsJes8earhlJndOtlelopm!mRegWOO1llhea~,IiWsorelllle$~ IllaIransler01 Il1irty-lhru thoosalld SIl hulldre~ $Iltf'~hl (l3,SU) sqlJlia leel IIlCI zero /0) urW 01 dmlopmenl ng~ls hOOllhe Cily's TIlI'1sler 01 Dm~menl Righls Birlk ('Sooi'). 1M !~lu5lmenl 10 be mille rer I decrell! oIJ3.66! sq. It lW1d ei~hleen (I!) units Irom the City'1 1rMslsrOewklpm!~IRighls8ank) f\n.,on~fllmlybtl~i'lhFWliln'la-dl~CilIpnrleri:I/'M!d'!kvl:I!r)o&T~So.My'''lllI'lllbyFcrti'l.w.y,9;lliIs.h: CXl'BillW'9 ofl htldatllll~WlWEa-dj:lnt1ltrtle 'Cli' prll;Wfiltl)-Thr~SuJ-Il""O'ila:tlJ..~sti9, 1'dI.d'lj 'Cover Shetl' 'Tl~ Oala' lrId 'L(lCaliool.lap",~of13I111rllda1ld1~~0!l'1SU;J'I:I~llllrtl1lld'SlnTrd'lI"((IOI<<Ib..itrg~(rt~PlUx:o:&mlnPrnl"~ ~O~"T::~'~~I=~~~:=':::OO~l1I:~~~~l:=~~~:;= ~~~=~":~:;;~.:,r::,~~.=~~~~~~~~~~ Spda/ln,OIui!In"l'IWttisl' Utll/Po;1101o:tfloJ<ln;i<upr~""'lI"ol' ~tI)-~,W'a.~ns.ufGS2oni1l1Qof4 nrtldaItdIIllr(:ledWlS<<lI"dpnt~Id'l.dbt~n::.~o,l"l!lIIrdbyFb:i:liEr9nr~s.v.:es~a-d&cl1U&9""RS ~dlhrlSdaltd~Wl~f';n<fllybrmxt1ledl1P\t:i;:hrir'rG, L'gll: 8 ~ . ~ , , , > . lQ/1901TAIUM'SOCEAHBEAtltfAIIK.accordillOl~t.ePlatlll!raor.asr!rordednPlaIBookS,IIPagIJ5,O!!JleMICR~Of~SQ/ Mllml-D.1~t Co~nl\', Flori!la, wl1ic~~esL'I5lolltle [asl!~y rlg~1 oIWa)' III1li 01 Sla~ Roa~A+Aper Slate Roa~ Righlo!Wly I.lap SecOOn 8 1000-2104, Mlami,Oalle Coufity,florida Siucr'loptlrt)': O.8!!Iacru lQ111: M~!HMRewl(IdU.R) B, SUfVlrls/esResortOevriopers,lliP, .lJ. lOCltilln: 1H75Co1li11lATtnve .,- fubrlCHuringl: 12006.~ Summary. 11l! applicant Is reQV!slmg approvlI kt I Silt plM!or I CI;lIlilominlvm l(IWet of J2 OO:iel ilIl1e~~l containing 107 ras~!n~lI UIIllS, The appllClIIl is also rl1'lllt5bn~ I,Gpro'I~ olllle Trll'llrel 01 Oewelopfnenl RighlS (lOlls) iIlll\e a~~l 01 5U~!1 squart ft~.t.rod 25 dl'l~irlg \/flits Addlticrlalll.!Jle IppI'iCI<11 is Ser:iJlIO I waiTer of Ill! <<'lch 1CC!15 nsemtrll rellulrernMt. I nnancl \Q perml 3B%laMlm pn;n~. together wilh I vanlnee 01 ltlbldl IS ~ appfoes to lhl pedeslal pl)1iQr1on the nQIltI Si~1 I, PU(luanlIoSettiol1255-1aolI!1ICityolSunny~ltsSeachlllldOmlo9menIReguL!tions,lhaawriWliSllQuesting I $ite IppI"O\'a1 IiIr 3211l)l"ies.l07uniltQrldoolillium 2, PursuanIIoSteI.91265.230rIheCilyolSiJnnylslrsBei/1llalldOl:vllopmentR~lIfltiooSthlaWiCinliSreques!lngll\ennsler01 nlly. Me !hlJJsarod seven ~unllrld forty'nIll' (51,1(91 squ~1 ftellnd twerlty.nJl (25) Ul1its ilavelllpmlnllighls horn the c.~'s Translel oJ Dtle~lnl RigM18111~ ('Ban~'l (An adjustment 10 be mad! \1)1" I deelease 0I51,7~9 ~~a'e ltel.1Id twln~-eighl (28) ~weRing UIIils 1r1o"Tl1h! Clly'1 Transler Dll'elopm,nl RIg~15 Banij 3, PurSull11toStction265'3Sl0l(aloILhlCityolSiJnnylWs8elll:hLlI'IdOewelopmenlf.t~~tlt\clls,Ihf:IlpplK:antisreQMn~l"airtfol llleBeatflAt:re15Emmtrllrequ'remenIU~dtrlhelWlllOeidopm!j11~lions 4, fursvlnllo SlClion 265.16 W (IJ oCUle City 01 Swnyl:sle-s BudllJlld Omlo9menlR!gUlatiol1s.ll\t l.ofillc.anl il rtQUfSlingloperm~ 3B% lafidem.ortirog, Olher thin Wappedpamng (20% I3l1dlm PI:~ng pelmitLed). 5. The~p"icanlisrellIJe5~ngll1rianC'hornSetlKx1265'J5D(4)[cM2)(b)ofIllICilyolSunn,lsIlsBm/llandDne'qlmentRliI~b0n5 pellTll!llng\heped~slalllJbelttbacklowo(O"D')lttltl'lLhenorthSid,(12'-D'lr!elisfelluirld Ptans,va on me and ma, be !lamined in tht Planning Mld Zon~ DepWr.e~1 an~~ed 'Oc:eM 8eac~ Resort', pr!lllI'ed by Il.Dbi X,v.ohthrtetllJla 8 nlerkt Design, tMSi;tirlg 01 19 sh!els dated slampe~ 03-0/-05 inOOlling 'Cover S~llr oProjecl Olla :;tJaef 'f"e OtpWienl Sl3girlg O"~amo Of All CalcvllOOll D~mo .S~e Plan' '8asrmtlllf'arking Plan' 'lttell00' "lml 200' 'l'ill300' olevel400' 'lmlSOO 1111\12(00' ol'vel2SOO IhroJIOO'o'lmIJ200"LtveIJ:lOOo'RoofPlano'Soolhfllles\EJeva~oo"HortMaslEleYltio/1"Si!eSpetifiCltion1"Minl'lJlJkPlaetsDelaH' and pw 1l1~~td 'f'al1ng aM Drain~t Plano 'PaVing Ind Dllill3gt OelaitsO 'Waler and Stwlr f1Ms' 'Watlr li1d Stwer DeI3~s iW\d eer,''11 Ho/e.s' 'Wa~r Dltails' oSignillO and fi\'lm!ll.1 I.lai\:.;rrgl Basrmenl Lm!' 'Signing aOll Pmmll1tl.llrki~gs Grourod l'vel' oSignjng and hilment ~lIkingl lobby lavel" pr!.oare~ bl' Marlin Englnter~, dale~ Slllrlped rer:eive~ 0!.OHl6, WlSilllng of B sheets I!Id pw en~~ed '8asem'~1 LmllOO' '8asernenlleltl2008JOO"BasemlntPII\iIlQPlanol)l"e~ed~,ffM1rl[ng"'lrs.~.dalrdstarnpldfl!CIlIIdOHI/'05,toosistingof3shle15 wI.ob~1 en~1ltd .leyels 2001300 larodsupt.J>.anfillg flln'prlpoi'~ by SaMO r,l,Rer DIsgn Stulloa. daled sIa~d :I!C~ 02-0/.06, toosis~1IlI 011 sbeellill!.olM1s enll~ed'8oIIndaty SiJrY!'(,.orlpared bl Fortin, l,aq, Slul,s, Irrt,dat!~ slam.otllll!CaivedO!.Ol-06,cons:sting 01 2 s!\eels PlMamlybemoolnedalpvb!lChwing l'gl~ TtleNo!th l001IelofloL3o!1ATUI.l'SOCEAN PAAXCOMPAMY'SSIIBOMSION,!ying EJstolLhe EJ5II~lrlgM'oI.walotSlall Roa~A1A, I .' acooi1g to !hI J>.alltlereol,1S r!cord!~ In PI!I Book 10.11 fag! 64,0I1he Pubrc Records 01 ~iamH)adtCounl\',fkrida ~IlIOIProperty;-1.OC2l1t1l~ ZOIll: 1.l~!d-lI5tResM{MU.Rl All perm are inviled \0 Ippei' IlltW$ meeting er ~ rlprt5lnle-.1 by., ~en~ Oft! tlpl"t5S!h1il' \'1ews In wribng addressed to the Cilyom.Ci~ 01 SIlM, Isles Beach, I~D7DC4llml A111\i.1e. SuMy IsleS Be"h, Fb'id.. J3160. The courts ~m flJled INI ~ is Impruj)!illo Q)'I!W I City Coml/lls,w, m!mberirlllilid~llly, e.it/leroratryorln l'I'fi~ng Ibo4Jtlll, loning IppfatKm. 1.IJJl$I/II!Qll1erl!ala~ lQlheuapp/iCllions ira liailablelcw P'Jblic irlspetllon cUllrrg roonat blJsTl1lIlS ~OIlrl"'Clty~, .MY zoning helliJIII mlybe ton~l\'Jed alllliS mtetlrig and ullder wcII tirtlJmstanees. acI~ltioI1~ r!~aI notice l'loold nol be prolided, MY plrSMS wlSl'iing 10 speli II I public IlUrin~ lllolrld regls!!r w,1ll the CII\' Oe~ prlCf to Illal ~em beinghwd klQuilirslepdiJIIILhei~mmalbeai'l!Cled\olheCity'II'l'nninglndlQl1ingDepartrnenllt13DSlm-I7fOf'.use r"er to lhe h!aling number wlten maiin~an inQ~iIy. r. pi!lWl d!Cidn to Ippe~. Ill' decisiOn made brlhe c.tyComm1Slitl'l1'l11h rnpecl to In, ma~er t:OfISider!<J II such (tI!!ting er huril1~, Dll)' witt need , rlltor~ oIlhe prcceldmgs lilI!, for wch plIrpOsr. mil' n!1d lQ I~SIJrl Illala ~albabm reterd oIlhe proteediJIIII is milde,ll1IlCh reCOld inc1l~es lllelrsijmM,l/1i1arictllCauj:OI'Iwhichllleappe.llslobebalf<l Thisnolitedoe$noltonStiluleCOMtnlbyllllCityblnUoductiontladmiSlklnol OlllerwistinaclmiWbleerJ/lelewanleriilel1ca./IIJl'(\Qt5hau\hQ~lItl\alllngtsOl~a3lSIlol01h!Nrise~wedbl'law haccr.-CantewilhlhehneliClllswilhOillbilitiesAelaDPesSOOlwhoaredillbledalldwhoneldspecialaccornmOO.1iOnsloplllicipar'inthil mltting bec.usa oIlh.t disal:Nlily shlJJld Wltact the City I.lana~es '1, 30S.792.1701.(fQ lalll 111M! 4! hours prlct 10 !hI procttdiog; n hearing tIT'I.o!lr'd,pll;lsrlel!jlllooeIheTOOhneaIJD5.792.1590ferlS$lSlanre