HomeMy WebLinkAboutResolution Zoning 06-Z-104
RESOLUTION NO. 06-Z-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING
APPLICATION SUBMITTED BY URBIS AND KEY INTERNATIONAL LLLP.,
(THE "APPLICANT"), (Z2006-03) FOR THE TRANSFER OF DEVELOPMENT
RIGHTS ("TDRs"), IN THE AMOUNT OF 46 DWELLING UNITS AND 83,490
SQUARE FEET OF FLOOR AREA, PURSUANT TO SECTION 265-23 OF THE
CITY'S LAND DEVELOPMENT REGULATIONS (LOR's), AND SITE PLAN
APPROVAL, PURSUANT TO SECTION 265-18 OF THE LDR's, TO PERMIT
THE DEVELOPMENT OF TWENTY-STORY CONDOMINIUM TOWERS
WITH A TOTAL OF 230-RESIDENTIAL UNITS, ON THE PROPERTY
LOCATED AT 400 SUNNY ISLES BEACH BOULEVARD, SUBJECT TO
CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on October 19,2006, URBIS AND KEY INTERNATIONAL LLLP., (the
"Applicant") submitted Application No. Z2006-03 to the City of Sunny Isles Beach, Florida
("the Application"), requesting the following:
1. Pursuant to Section 265-18 of the City of Sunny Islcs Beach Land Development
Regulations, the Applicant is requesting a site plan approval for two (2)
interconnecting towers. The west tower contains 97 units; the east tower contains 97
units; and the pedestal contains 36 units, for a total of 230 residential units (the
"Project").
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a transfer of 83,490 square feet and 46 units
of development rights. An adjustment shall be made to the TOR sub-accounts owned
by Urbis and Key International, LLLP. for a decrease of 81,675 square feet and 45
dwelling units, and Fort Apache Marina, LLC. of 1,815 square feet and I dwelling
unit, from the City's TOR Bank.
3. The Applicant is requesting a variance from the requirements of Code Scction 265-37
"Summary ChaIt B Town Center Sub-District: Building Massing by Street-Type" to
permit the penthouse portion of the tower to setback to zero (0'-0") feet (20' -00" feet
required) li'Dln all sides.
4. The Applicant is requesting a variance from the requirements of Code Section 265-37
"Summary ChaIt B Town Center Sub-District: Building Massing by Street-Type" to
permit the pOltion of the tower to setback from the pcdestal on the interior side west side
to zero (0'-0") feet (25'-0" fcet required).
5. The Applicant is requesting a variance from the Code Section 265-35(9)(a)[1] to permit
a height of 200' -0" feet (194' -0" feet permitted).
R06-Z-104 Marina (400 Siblvd) Tdr Rcso
Page I of 10
LEGAL
LOTS 24, 25 AND TRACTS B, C AND D, OF SECOND REVISED PLAT OF
BELLA VISTA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 50, PAGE 76, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA. LESS THE FOLLOWING DESCRIBED
PARCEL TAKEN BY CONDEMNATION PROCEEDINGS PURSUANT TO
INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 12676, PAGE 803
AND ORDER OF TAKING, RECORDED IN OFFICIAL RECORDS BOOK 12722,
PAGE 1619:
THAT PARCEL OF LAND LYING IN THE NORTHWEST 1. OF SECTION 14,
TOWNSHIP 52 SOUTH, RANGE 42 EAST MIAMI-DADE COUNTY, FLORIDA,
BEING A PORTION OF LOTS 24 & 25 AND TRACTS "13", "C" AND "D", OF
SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 50, PAGE 76, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID TRACT "D", THENCE RUN
SOUTH 03039'14" EAST. A DISTANCE OF 40.06 FEET ALONG THE EAST
BOUNDARY OF SAID TRACT "D" TO A POINT ON A CIRCULAR CURVE
CONCAVE TO THE NORTH, HAVING A RADlOUS OF 1409.50 FEET AND
TANGENT BEARING AT SAID POINT SOUTH 84013'22" WEST; THENCE
WESTERLY AND NORTHWESTERLY ALONG SAID CIRCULAR CURVE
THROUGH A CENTRAL ANGLE OF 06017'27" FOR AN ARC DISTANCE OF
154.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 89029' II" WEST,
A DISTANCE OF 351.24 FEET TO A POINT OF CURVATURE OF A
CIRCULAR CURVE TO THE NORTHEAST, HAVING A RADIOUS OF 118.50
FEET; THENCE NORTHWESTERLY, ALONG SAID CIRCULAR CURVE
THROUGH A CENTRAL ANGLE OF 36 046'29" FOR AN ARC DISTANCE OF
76.06 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE
AFOREMENTIONED LOT 24; THENCE NORTH 13 013'15" EAST; A
DISTANCE OF 8.23 FEET ALONG THE WESTERLY BOUNDARY OF SAID
LOT 24; TO THE NORTHWEST CORNER OF SAID LOT 24 BEING A POINT
ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A
RADIOUS OF 303.79 FEET AND A TANGENT BEARING AT SAID POINT
SOUTH 70 021'01" EAST; THENCE SOUTHEASTERLY, EASTERLY AND
NORTHEASTERL Y ALONG SAID CIRCULAR CURVE THROUGH A
CENTRAL ANGLE OF 23 0 18' I 3" FOR AN ARC DISTANCE OF 123.56 FEET
TO A POINT OF TANGENCY; THENCE NORTH 86020'46" FOR A DISTANCE
OF 451.44 FEET TO THE POINT OF BEGINNING. LAST TWO (2) COURSES
BEING ALONG THE NORTHERLY BOUNDARY OF SAID LOTS 24 AND 25
AND OF TRACTS "B", "C" AND "D".
SAID LANDS SITUATE, LYING AND BEING IN T1-IE CITY OF NORTH MIAMI
BEACH, MIAMI-DADE COUNTY, FLORIDA.
ADDRESS: 400 Sunny Isles Beach Boulevard, Sunny Isles Beach, Florida
R06-Z-104 Marina (400 Siblvd) Tdr Rcso
Page 2 of 10
WHEREAS, on October 19, 2006, the City Commission conducted a public hcaring 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
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 an 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 basis intent and purpose of the zoning, subdivision or othcr land usc regulations, which is to
protect the general welfare 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. APPROV ALS.
The approvals set forth in this Section 1II 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 deposit in the amount of
$103,000.00 for the purchase of one (I) TDR, subject to the conditions set forth in paragraph II
within three (3) working days of the City Commission approval of the zoning application, but in
no event later than 5 p.m. on Tuesday, October 24, 2006,
A. The Applicant's request for approval of the Property as a Receiver Site and for approval
of the transfer of 81,675 square feet and 45 dwelling units of development rights from the
Tract "Boo Porto Bellagio TDR Sub bank of Urbis and Key International LLLP. and 1,815
square feet and I dwelling from the City's TOR Bank to the Property, pursuant to Section
265-23 of the LDR's, is hereby conditionally granted, and, subject to all of the conditions
R06-Z-104 Marilla (400 Siblvd) Tdr Rcso
Page 3 of 10
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
"Sunny Isles Beach Marina" 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 in this Resolution, including but not limited to those conditions set forth in
Section IV of this Resolution. The failure ofperfonnance of any of these conditions shall
be deemed a denial of this Application.
IV. CONDITIONS
Conditions to be completed before below grade or building 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 adoptcd subsequcnt 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 Section 265-18 of the Land
Development Regulations; the Applicant shall be rcquired to obtain another approval of
the City Commission.
3. That the Project shall be developed substantially in accordance with the plans submitted
by Kobi Karp Architecture and Interior Design entitled "Sunny Isles Beach Marina"
including cover sheet consisting of25 sheets dated stamped revised 09/27/06, and "SKETCH
OF ALTA/ACSM" Land Title Survey prepared by Miller Legg consisting of one sheet dated
stamped 09/27/06 and plans entitle and plans entitled "Projcct Data Sheet" "Setback
Diagram" "Project Data Sheet F.A.R. Calculation Diagrams" "F.A.R. Calculation Diagrams"
"open Space Calculations" Level I Plan" "Level 2 Floor Plan" "Level 3 Floor Plan" "Level 4
Floor Plan" "Level 5 Floor Plan" "Level 6 Lanai" "Level 7 Floor Plan" "Levels 8, 11,14,17
Floor Plan" "Levels 9,12,15,18 Floor Plan" "Lcvel 10,13,16 Floor Plan" "Level 19 Floor
Plan" "Level 20 Floor Plan" "Levels 8, 11,14,17" "Levels 9,12,15,18" "Levels 10,13,16"
"North Elevation" "South Elevation" "East & West Elevations" "Scctions" and plans entitled
" Grading and Drainage Ground Level Plan" "Water & Scwer Plan Ground Level Plan"
"Signing and Pavement Marking Ground Level Plan" "Signing and Pavement Marking
Parking Plan Level 2" "Signing and Pavement Marking Parking Plan Level 3" "Signing and
Pavement Marking Parking Plan Level 4" "Signing and Pavement Marking Parking Plan
Level 5" prcpared by Kimley-Horn and Associates, Inc. consisting of 7 sheets dated stamped
R06-Z.104 Marina (400 Siblvd) Tdr Rcso
Page 4 01']0
revised 09/27/06 and plans entitled "Hardscape Plan Ground Floor Level" "I-Iardscape Plan
Pool Level" "Hardscape Details" "Planting Plan Ground Floor Level" " "Site Line Triangle
Ground Floor" "Planting Plan Pool Level" "Planting Details" "Planting Details" "Planting
Specifications" "Photometl'ics Plan Ground Floor Level" "Photometrics Plan Pool Level" and
"Lighting Details", prepared by Urban Resources Group consisting of 12 sheets dated
stamped revised 09/27/06. Plans may be modified at public hearing.
4. That a plot plan shall be submitted to the Zoning Director and Landscape Architect for
their review. Plan shall include all easements to be proffered by the Applicant to the
City, for pedestrian access to and from the boardwalk (also known as the bay-walk).
Plans shall show the type and size of plant materials, which shall comply and be
consistent with the approved Streets cape Master Plan prior to the issuance of a building
permit.
5. That the Applicant shall submit a Declaration of Restriction in recordable form, in a form
and content acceptable to the City, prior to the submittal of an application for a building
permit. The Declaration shall proffer pedestrian acccss easements to and from the
Boardwalk with entry points on Sunny Isles Beach Boulevard. The pedestrian access
easement or boardwalk along the bay shall have a minimum width of 10' fcet. The
boardwalk shall be designed and constructed in a manner to permit the connection of a
future boardwalk or bay-walk to be located on the adjoining property commonly known
as the "W ASA" site. The Declaration shall provide that maintenance for all easement
parcels, including the boardwalk, proffered to the City shall be the responsibility of the
Applicant, in perpetuity. All of the easements shall be fully accessible to the public and
clearly designated, by means of signage approved in writing by the City Manager or his
designee, as amenities open to all members of the public. The provision of 24-hour valet
parking services for owners and their gucsts shall be included in the Declaration.
6. That the Applicant shall provide proof that the administrative transfer of the 83,490 square
feet and 46 units of Transfer Devclopment Rights (TDR's) has occurred.
7. That in the event of multiple ownership, a homeowner's association be established in
accordance with applicable regulations to assure that all common areas and facilities for
the residents, as well as all easements dedicated to the City shall be maintained in
continuous and satisfactory manner, and 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.
8. That the Applicant shall comply with all conditions and pertuit requirements of the
Department of Environmental Resourcc and Management (DERM), the Fire Department,
Water and Sewer Department, Department of Environmental Protection (DEP), Florida
Department of Transportation (FDOT), and other governmental committees and agencies.
R06-Z-104 Marina (400 Siblvd) Tor Rcso
Page 5 or 10
9. No building permits shall be issued (except for demolition and sales trailers) unless the
Applicant has submitted all documents referred under this approval and shall have paid
all impact fees, bonuses and Transfer of Development Rights (if applicable), professional
fees (as per Chapter 267 of the Code of the City of Sunny Isles Ordinance) have been
paid.
10. That the proposed Project be developcd substantially in compliance with the plans
submitted at the hearing, with specific attention to be given to compliance with the
requirements regarding the exterior lighting for the Project.
II. Within three (3) business days of approval of the zoning application by the city
Commission, the Applicant shall provide the City with a deposit in the amount of
$103,000.00 for the transfer of 1,815 square feet and I dwelling unit, from the City's
TDR Bank, subject to an appraisal being obtained by the City. If the full purchase price
based on the appraisal is less than the total amount deposited by the Applicant, the
Applicant is entitled to a refund of the difference between the final price and the total
amount deposited. In the event that the appraisal is higher than the total amount
submitted by the Applicant, then the Applicant shall deposit the difference.
12. The Applicant agrees to contribute Five Hundred Thousand Dollars ($500,000) ( the
"Applicant's Monetary Contribution") for the design and construction of a decorative
facade, bay-walk or boardwalk, and any other improvcment around the Miami-Dade
County's Sewage Pump Station located on Sunny Isles Beach Boulevard. The
Applicant's Monetary Contribution shall be paid prior to the issuance of a building
permit.
Conditiolls to bc eomuleted before allV Certificate of Oeeupanev is issued
1. That the Applicant demonstrates that it is in compliancc with all terms and conditions
under this approval.
2. Applicant shall pay all fees rclated 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 the City 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.
R06-Z-104 M<lrin3 (400 Siblvd) Tdr Reso
Page 6 of 10
4. Pursuant to Section 267-4 of the Code of the City of Sunny Isles Beach, at the time of
submission of any application or thereafter, it is requircd 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 bc 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 (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 havc 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-]
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 adjaccnt to the public right-of-way on the Projcct site shall be
placed underground in order to insure that public safety during an evacuation and to insure
the ability of thc City to restore public utility service subsequent to a storm evcnt in
accordance to Section 250-09 of the City of Sunny Isles Beach Code. The under grounding
of utilities shall bc 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.
7. That the Applicant complies with Chapter 104 (Art in Public Places) of the Code of the
City of Sunny Isles Beach, as amended.
R06-Z-104 Marilla (400 Siblvd) Tdr Rcso
Page 7 of]O
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. If no building pertuit is issued within thc 24-month time period, the site plan shall
be considered null and void and of no force and effect.
3. That the Applicant shall comply with all City Ordinances applicable to development and
pertuit approvals.
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 DEVELOI'MENT RIGHTS AS SET FORTH IN SECTION III
HEREINABOVE HAVE BEEN TRANSFERRED PROFESSIONAL FEES 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 WITHIN FIVE (S) DAYS AFTER WRITTI~N NOTICE, THE CITY
RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT
CONDITION IS MET. BY ACTING UNDER THIS API'ROV AL, APPLICANT HEREBY
CONSENTS TO ALL THESE TERMS AND CONDITIONS.
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 ofresolutions
in conflict herewith shall be and hereby are repealed.
2. This Resolution shall become effective upon adoption.
R06-Z-104 Marina (400 Siblvd) Tdr Reso
Page 8 of 10
PASSED and ADOPTED this 19'11 day of October, 2006.
ATTEST:
~<!.~OOd LU~ ~
Jane A. Hines, CMC, City 'Jerk
VOTE:
Mayor Norman Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioncr 19lcsias
Commissioner Thaler
vyes
_l!:':)es
ges
_yes
.,.-yes
Marilla (400 smL VD) FillaLDOl:
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
Moved by: (!,Omrni.ssioller :1jb'q.!.
Second by: V;(!.e. Ma.yo~ Ore:z.ill
no
no
no
no
_no
9
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-
l~ adopted by the City Commission at its meeting held on the I q+l1 day of Oc..-I-obd.. ,
2006.
Issued: Oe.+obe.r dl31 BOO(p
2~uJ~
Priscilla Walker, CMC, Deputy City Clerk
R06-Z-JQ4 Marina (400 Siblvd) Tdr Rcso
Page 10 of 10
To:
Via:
From:
Date:
Re:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. EdelcuPI Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
(305) 947-0606 City Hall
(305) 792-1565 Fax
(305) 947-2150 Building Department
A. John Szerlag, City Manager
Hans OUinn', City Attorney
Jane A. Hines. CMC, City Clerk
MEMORANDUM
The Honorable Mayor and City Commission
A. John Szerlag, City Manager
Jorge Vera, Assistant City Manager
Robert Sol era, Community Development Director
October 19, 2006
Urbis and Key International, LLLP.
RECOMMENDA TION
This resolution is presented for your consideration.
REASONS
The applicant proposes to construct two 20-story towers consisting of 230 condominium
units with ground floor devoted to 4,840 square feet of restaurant use, 7,160 square feet
of retail/spa use and an attached dry dock facility consisting of 48 enclosed marina slips.
The applicant is requesting approval of Transfer of Development Rights (TDRs) in the
amount of 83,490 square feet and 46 dwelling units. Additionally, the applicant is
requesting variances zero (0') feet (20'-0" required) the penthouse setback requirement,
and the height requirement of 194 feet (200 feet requested).
Agenda Item In A
Date -10- ~-oL:,
Sunny Isles Beach Marina Property
I. Project Summary
Application #:
Application Summary:
Applicant/Owner:
Agent:
Related Applications:
Site Area:
II. Site Information
Location:
Land Use:
Rev 10-10-06
CITY OF SUNNY ISLES BEACH
Development Review Report
Z2006-03 - Sunny Isles Beach Marina Property Site Plan
The applicant proposes to construct two 20-story towers consisting of 230
condominium units with ground floor devoted to 4,840 square feet of
restaurant use, 7,160 square feet of retail/spa use and an attached dry dock
facility consisting of 98 enclosed marina slips and 18 wet slips. The applicant
is requesting approval of Transfer of Development Rights (TDRs) in the
amount of 83,490 square feet and 46 dwelling units. Additionally, the
applicant is requesting variances from the penthouse setback requirement, side
setback requirement, and the height requirement of 194 feet (200 feet
requested).
Urbis and Key International, LLLP
848 Brickell Avenue, Suite 700
Miami, Florida 33133
Phone: 305-377-1001
Weiss, Serota, Helfman, Pastoriza, Cole & Boniske, PA
2665 S. Bayshore Drive, Suite 420
Miami, Florida 33 I 33
Transfer Development Rights - Request for 83,490 square
feet and 46 dwelling units
Site plan approval of two 20-story towers consisting of
230 condominium units
Penthouse from Tower Setback Variance
Tower from Pedestal Setback Variance (west side)
Maximum Height Variance
2.457 acres
400 Sunny Isles Beach Boulevard
Town Center Overlay District (TCOD)
Sunny Isles Beach Marina Property
Zoning:
Adjacent P
Rev 10-10-06
f
Town Center District - South Edge (TCD)
roper les:
Existinl! Land Use Zoninl! Land Use Plan
North Sunny Isles Beach Blvd. TCD TCOD
East Commercial TCD TCOD
South Bella Vista Bay TCD TCOD
West Commercial TCD TCOD
III. History
Modification of condition #2 of Resolution No. Z-263-84 passed and adopted with Resolution No. 4-ZAB-
231-90, July 25, 1990
Use variance to permit boat sales in conjunction with dry boat storage and marina Resolution No. 4-ZAB-
347-88, August 24, 1988.
Use variance to permit dry storage of boats, and non-use variance of zoning regulations requiring
endosed buildings to waive and permit dry storage of boats, open on three sides Resolution No.
Z-263-84, December 6, 1984.
Use variance and unusual use to permit a night club including package sales, and variance of
space requirements, Resolution No. 2-ZAB-265-64, May 18, 1964.
To permit New Use" Outdoor swimming pool, tennis courts, and marina Resolution No. ZB-509-
61, August 21,1961.
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 two (2) interconnecting towers. The west
tower contains 97 units; the east tower contains 97 units; and the pedestal contains 36 units, for
a total of230 residential units.
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting a transfer of 83,490 square feet and 46 units of development rights.
An adjustment shall be made to the rDR sub-accounts owned by Urbis and Key International,
LLLP. for a decrease of 81,675 square feet and 45 dwelling units, and Fort Apache Marina,
LLC. of 1,815 square feet and I dwelling unit, from the TDR Bank commonly known as the
Porto Bellagio Tract "B" Transferable Development Rights Bank.
3. The applicant is requesting a variance from the requirements of Code Section 265-37 "Summary
Chart B Town Center Sub-District: Building Massing by Street-Type" to permit the penthouse
portion of the tower to setback to zero (0'-0") feet (20'-00" feet required) from all sides.
4. The applicant is requesting a variance from the requirements of Code Section 265-37 "Summary
Chart B Town Center Sub-District: Building Massing by Street-Type" to permit the portion of the
tower to setback from the pedestal on the interior side west side to zero (0' -0") feet (25'-0" feet
required).
2
Sunny Isles Beach Marina Property
Rev 10-10-06
S. A variance from the Code Section 265-35(9)(a)[I] to permit a height of200'-0" feet (194'-0" feet
permitted).
V. Variances
The applicant is requesting variances from the requirements of Code Section 265-37 "Summary
Chart B Town Center Sub-District: Building Massing by Street-Type" to reduce the penthouse-from-
tower setback from 20 feet to 0 feet; reduce a portion of the tower-from-pedestal setback on the west
side from 20 feet to 0 feet; and increase the building height maximum from * 194 feet to 200 feet.
*Please note that the maximum building height is 190 feet with the following exception: Maximum
height may be increased by 10 feet, provided that the width of the building is decreased by two feet
for every one foot of additional height up to a maximum of 200 feet. The applicant has reduced the
tower width from the maximum 200 feet to 192 feet, therefore, permitting an additional 4 feet of
building height to 194 feet.
Section 26S-1S.G - Standards of Review
The City's Land Development Code (Section 265-15. G) provides that a variance shall be granted
only where competent and substantial evidence presented in the particular case shows that all of the
following are met:
(J) Special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are NOT applicable to other lands, structures or buildings in the same zoning
district and deny all reasonable economic return;
Applicant: The Property is located along the southern edge oJSunny Isles Boulevard, which entitles
it to a base FA.R. oj 3.5, a base maximum density oj 75 units/acre, and a maximum height oj 200
Jeet. The lot is 639.831 in length with 159 Jeet in depth and abuts the rising slope oJthe south side oj
163rd Street causeway. Due to the relatively narrow width oj the Property, the marina Jacility
located on the east side oj the Property, and the request by the Fire Department Jor an opening
(access) on the westerly setback line, a building with two step-backs, between pedestal and tower and
between tower and penthouse, and the allowable height limit oj 200' which allows the maximum
permitted FA.R. and density is not possible. Accordingly, the applicant has proposed a 200joot
high building with only one step back, between pedestal and tower and reduced western tower
setback that still achieves the view corridor required by the City. Because oj the marina Jacility
which cannot house a structure above it, and the fire access, and because height is a Junction oj
width as set Jorth in the Code, Applicant cannot meet the Code requirements on height.
(2) The special conditions and circumstances do NOT result from the actions of the petitioner;
Applicant: The variance requests are not the result oj actions oj the petitioner. The intrinsic site
constraints, the Jact that a stand alone marina is located on this site, and the request from the fire
department to have access on the western boundary oJthe property, have come together to create a
predicament whereby the tower on the west side, and the penthouse, in general, cannot meet Code
requirements and still achieve what would othenvise be allowable in terms oj FAR and density. A
building structure cannot be located directly above the marina, so in order to achieve the zoning
allowable on this site, the petitioner basically had a Hobbes' choice oj situating the building closer
3
Sunny Isles Beach Marina Property
Rev 10-10-06
together fOl/eiting the view corridor in order to achieve the 200 feet height (that would otherwise be
permissible under the Code with a wider view corridor.) Applicant chose the latter.
(3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights commonly
enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and
works l1I1I1ecessary and undue hardship on the applicant;
Applicant: Other properties along the southern edge of Sunny Isles Boulevard are entitled to
construct buildings with a maximum height of 200 feet. Likewise, others along the Boulevard have
been permitted variances from the penthouse setbacks. The particular site, the location of the
marina on the site, and the requirements of other agencies such as shoreline and fire create a
scenario whereby the literal interpretation of the applicable provisions of the LDR's would not
permit the construction of a 200 foot high building on the Property with the allowable FAR and
density. Thus, the literal interpretations of the applicable LDR provisions work an unnecessary and
undue hardship on the applicant.
(4) The alleged hardship is not economic and has not been deliberately created to establish a use or
structure, which is not otherwise consistent with the LDRs;
Applicant: The hardships asserted, the narrow width of the property, location of the marina and the
lack of flexibility for tower height in the LDR's are not economic in nature nor have they been
deliberately created Applicant merely seeks to achieve what others along Sunny Isles Boulevard
have been permitted
(5) Granting of the variance requested conveys the same treatment to the individual owner as to the
owner of other lands, buildings or structures in the same zoning district;
Applicant: The granting of the requested variance would permit the applicant to construct a 200joot
high building which is a right already enjoyed by other owners of land along the southern edge of
Sunny Isles Boulevard Likewise, setback reliefhas been granted others along the Boulevard
(6) The variance, if granted, is the minimum variance that makes possible the reasonable use of the
land, building or structure.
Applicant: The requested variances represent the minimum variances necessary so that the applicant
may construct a building with the allowable height, density, and intensity as is permitted for all
properties along the southern edge of Sunny Isles Boulevard
(7)The grant of the variance is in harmony with the general intent and purpose of these LDR's, is not
injurious to the neighborhood or otherwise detrimental to the public safety and welfare and will
not substantially diminish or impair property values within the vicinity.
Applicant: The general intent and purpose of the TCO district is to develop relatively dense mixed-
use developments with a maximum height of 200 feet along the southern edge of Sunny Isles
Boulevard. Contrary to being "injurious" or "otherwise detrimental", this project incorporates a
promenade with benches and lighting along the shoreline for public use and enjoyment, includes
numerous public uses as shops, cafes, and views into the highly computerized and mechanized,
beautifully designed marina facility that maximizes the visual and physical access to the water
through the provision of mixed use facilities as desired by the LDRs. The marina use not found
4
Sunny Isles Beach Marina Property
Rev 10-10-06
elsewhere in the City and creates a unique product/or the City. All o/this can be accomplished only
with the requested variances which are in harmony with that general intent and purpose as stated
above. Public safety and welfare will not be detrimentally affected by the approval 0/ the requested
variances and the proposed project will in all likelihood enhance property values within the vicinity.
VI. Department Analysis
a. Zoning
The property is located along the southern edge of Sunny Isles Beach Boulevard. The lot is
approximately 639 feet in length and the width ranges from 159 feet on the east end to 226 feet on
the west end. Due to the relatively narrow width of the property and the request by the Miami-
Dade Fire Department to provide fire access on the west side, the applicant cannot reasonably
achieve the setback and height requirements while achieving the permitted FAR. Staff views the
height request and setback requests as not detrimental to the adjoining properties, since the
requests are minor in nature. The property to the east is owned by W ASA and contains an
existing water treatment plant. To the west is an existing restaurant that will not be impacted by
the requested variances. The proposed view corridors are maintained by the building design and
are actually increased since the separation between the two towers exceeds the minimum 50 feet
(57 feet proposed) and the width of the towers have each been reduced by 8 feet from a maximum
permitted 200 feet to 192 feet. Additionally, there is a 136 foot view corridor at the east portion
of the property due to the dry dock marina proposed in this location.
b. Planning
The proposed development is consistent with and furthers the intent of the Town Center Land Use
designation of the City's Comprehensive Plan. The Town Center is intended to be a moderate to
high intensity design-unified area which will contain a concentration of different urban functions
integrated both horizontally and vertically. The project proposes a mix of residential, retail,
restaurant/spa and marina uses. The proposed mixed use development is in furtherance of the
goals and objectives contained within the City's Comprehensive Plan.
VII. 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 arts 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.
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 entry water feature.
5
Sunny Isles Beach Marina Property
Rev 10-10-06
VIll. Zoning Data
I. Setbacks:
Required P,'ovided
Front (Sunny Isles South Edge)
Pedestal 15ft. 15 ft. Complies.
Tower from pedestal 25 ft. 25 ft. Complies.
Penthouse from tower 20 ft. *0 Ft. Docs not comply.
Rear (Bayfront)
Pedestal Oft. 5 ft. Complies.
Tower from pedestal 10 ft. 42 ft 4 in. Complies.
Penthouse from tower lOft. *0 ft. Does not comply.
Side (East)
Pedestal Oft. o ft. Complies.
Tower from pedestal 20 ft. ] 36 ft. Complies.
Penthouse from tower 20 ft. *0 ft. Does not comply.
Side (West)
Pedestal Oft. 3 ft. 9 in. Complies.
Tower from pedestal 20 ft. *0 ft. Does not comply.
Penthouse from tower 20 ft. *0 ft. Does not comply.
*Variance requested.
2. Maximum Height: *Does not comply.
Permitted: 190 feet. Maximum height may be increased by ten (I 0) feet provided that the
width of the building is decreased by two (2) feet for everyone (I) foot of additional
height up to a maximum height of200 feet. (I 94 feet permitted).
Provided: 200 feet.
*Variallce requested.
3. Building Elements Maximum Stories
Pedestal: Complies.
Permitted: 3-story minimum. 5-story maximum.
Provided: 5 stories.
Tower: Complies.
Permitted: 12-story maximum.
Provided: 12 stories.
Penthouse: Complies.
Permitted: 3-story maximum.
Provided: 3 stories.
4. Tower Separation: Complies.
Required: 50 feet minimum.
Provided: 57 feet, 9 inches.
5. Tower Width: Complies.
6
Sunny Isles Beach Marina Property
Permitted: 200 feet maximum.
Provided: 192 feet.
Rev 10-10-06
6. Floor Area Ratio: Complies.
Permitted: 3.5 Base (374,640 sf); 4.25 (454,920 sf) w/FAR Bonus
Provided: 4.23 (452,976 sf) w/FAR Bonus
Enclosed Parking Structure Bonus - .50.
Public Plaza Bonus - .25.
7. Maximum Dwelling Unit Density: Complies.
Required: 75 dulac. (184 du's).
Provided: 93.5 dulac (230 du's).
46 TDR units requested.
8. Lot Coverage: Complies.
Required: 90% maximum.
Provided: 68%.
9. Landscaped Open Space: Complies.
Required: A minimum often (10) percent of the lot area shall be landscaped and improved
with ground level pedestrian walkways, courtyards, street furniture, lighting and landscape
planting.
Provided: 16.45%.
X. Off-Street Parking and Loading Standards
Required Provided Comments
Regular
(Residential) 345
(Retail) 32
(Restaurant) 29
(Marina) 19
TOTAL 425 434 Complies.
Loading
(Residential) 2 (10' x 25') 2 Complies.
(Retail & I I Complies.
Restaurant)
Handicap Per F.S. ch. 553 pt. V 9 Complies.
Tandem 20% maximum (87) 86 Complies.
XI. Sign age
No signage proposed. Individual tenant signage will be submitted under separate permit.
XII. Outdoor Lighting Standards
a) Lighting Plan (265-74(B): Complies.
7
Sunny Isles Beach Marina Property
Rev 10-10-06
Required: A plan which shows the photometries 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(0): 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
Provided: 20'.
XIII. Conditions
Conditions to be completed before below grade or buildin2 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.
3. Plans are on file and may be examined in the Zoning Department entitled "Sunny Isles Beach
Marina" prepared by Kobi Karp Architecture and Interior Design including cover sheet consisting
of 25 sheets dated stamped revised 09/27/06, and "SKETCH OF ALTNACSM" Land Title
Survey prepared by Miller Legg consisting of one sheet dated stamped 09/27/06 and plans entitle
and plans entitled "Project Data Sheet" "Setback Diagram" "Project Data Sheet F.A.R.
Calculation Diagrams" 'TA.R. Calculation Diagrams" "open Space Calculations" Levell Plan"
"Level 2 Floor Plan" "Level 3 Floor Plan" "Level 4 Floor Plan" "Level 5 Floor Plan" "Level 6
Lanai" "Level 7 Floor Plan" "Levels 8, I I, I 4, 17 Floor Plan" "Levels 9, I 2, 15,18 Floor Plan"
"Level 10,13,16 Floor Plan" "Level 19 Floor Plan" "Level 20 Floor Plan" "Levels 8,11,14,17"
"Levels 9,12,15,18" "Levels 10,13,16" "North Elevation" "South Elevation" "East & West
Elevations" "Sections" and plans entitled" Grading and Drainage Ground Level Plan" "Water &
Sewer Plan Ground Level Plan" "Signing and Pavement Marking Ground Level Plan" "Signing
and Pavement Marking Parking Plan Level 2" "Signing and Pavement Marking Parking Plan
Level 3" "Signing and Pavement Marking Parking Plan Level 4" "Signing and Pavement Marking
Parking Plan Level 5" prepared by Kimley-Horn and Associates, Inc. consisting of7 sheets dated
stamped revised 09/27/06 and plans entitled "Hardscape Plan Ground Floor Level" "Hardscape
Plan Pool Level" "Hardscape Details" "Planting Plan Ground Floor Level" " "Site Line Triangle
8
Sunny Isles Beach Marina Property
Rev 10-10-06
Ground Floor" "Planting Plan Pool Level" "Planting Details" "Planting Details" "Planting
Specifications" "Photometrics Plan Ground Floor Level" "Photometrics Plan Pool Level" and
"Lighting Details", prepared by Urban Resources Group consisting of 12 sheets dated stamped
revised 09/27/06. Plans may be modified at public hearing.
4. That a plan shall be submitted to the Zoning Director and Landscape Architect for their review.
Plan shall include all easements to be proffered by the Applicant to the City, for pedestrian access
to and from the bay-walk. Plans shall show the type and size of plant materials, which shall
comply and be consistent_with the approved Streetscape Master Plan prior to the issuance of a
building permit. .
5. That the Applicant shall submit a Declaration of Restriction in recordable form, in a form and
content acceptable to the Zoning Director, prior to the submittal of an application for a building
permit. The Declaration shall proffer pedestrian access easements to and from the Boardwalk, and
shall provide that maintenance for all easement parcels proffered to the City shall be the
responsibility of the Applicant, in perpetuity. All of the easements shall be fully accessible to the
public and clearly designated, by means of signage approved in writing by the City Manager or
his designee, as amenities open to all members of the public. The provision of 24-hour valet
parking services for owners and their guests shall be included in the Declaration.
6. That the Applicant shall submit evidence that the administrative transfer of the 83,490 square feet
and 46 units of Transfer Development Rights (TDR's) has occurred.
7. That in the event of multiple ownership, a homeowner's association be established in accordance
with applicable regulations to assure that all common areas and facilities for the residents, as well
as all easements dedicated to the City shall be maintained in continuous and satisfactory manner,
and without expense to the general taxpayers of the City of Sunny Isles Beach.
8. That the Applicant shall 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).
9. No building permits shall be issued (except for demolition and sales trailers) unless the Applicant
has submitted all documents refelTed under this approval and shall have paid all impact fees,
bonuses and Transfer of Development Rights (if applicable), professional fees (as per Ordinance
2001-132 and such other applicable Land Development Regulations) due to the City.
10. That the proposed Project be developed substantially in compliance with exhibit' A' submitted at
the hearing, with specific attention to be given to compliance with the requirements regarding the
exterior lighting for the development.
I I. Within three (3) business days of approval of the zoning application by the city Commission, the
Applicant shall provide the City with a deposit in the amount of $ I 03,000.00 for the transfer of
1,815 square feet and I dwelling unit, from the City's TDR Bank, subject to an appraisal being
obtained by the City. If the full purchase price based on the appraisal is less than the total amount
deposited by the Applicant, the Applicant is entitled to a refund of the difference between the final
price and the total amount deposited.
9
Sunny Isles Beach Marina Property
Rev 10-10-06
Conditions to be completed before any Certifieatc 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 revicw of the application described herein and shall have
paid all other fees due to the City.
3. Under Ordinance 2001 -132, 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. 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 (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 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
10
Sunny Isles Beach Marina Property
Rev 10-10-06
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.
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. 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.
3. That the Applicant shall comply with all City Ordinances applicable to development and permit
approvals.
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 TRANSFERREDPROFESSIONAL FEES
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 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.
II
-",.::>.::> ...J.c..nUIA .l.l.l;.L.1'MA
PASTORIZA COLE & BONISKE, P.A.
ATTORNEYS AT LAW
MITCHtLL A. BIERMAN
NINA L. BONISKE
MITCHELL ..I. eURNSn.N
..LAMIE ALAN COLE
STEPHEN .1. HELf"MAN
GIl..BE:RTO PASTOFilZA
MICHAEL 5. POPOK
JOS(PH H. StROTA
SUSAN L. TRE:VARTHEN
RICHARD JAY WEISS
DAVID M. WOLPIN
BROWARO ornCE
200 EAST BROWARO BOULEVARD
SUITE 1900
FORT LAUDERDALE, FLORIDA 33301
MELISSA P. ANDERSON-
LilliAN ARANGO DE LA HOZ.
JAMES t. BAKtR
JEFF' P.H. CAZEAU
RAOUEL ELEJABARR'ETA
.OF" COUNSEL.
PAUL S. F'IGG
CHAD FRIEDMAN
TARA L. GOULD
GRf:GOFiY A. HAILE:
JOHN..I. KENORICK 111
KAREN LIEBERMAN-
JOHANNA M. LUNDGRtN
ANDREW W. MAl
MATTHE:W H. MANDel.
ALEXANDrR L. PAtENZUELA-MAURI
CHRISTINA PRKIC
JOHN J. QUICK
ANTHONY t. RECIO
SCOTT A. ROBIN
GAIL O. SEROTA-
JONATHAN C. SHAMFU:S
ESTRELLITA S. SIBIL.A
E:OUAROO M, SOTO
MICHAEL. L.. STlNE:S
,JOSE S. TALAVERA
STEVeN E. TAYLOR
,JAMES E. WHITE
TEL.EPHONE 954.763.4242
TEL.CCOPIER 954-764.7770
WWW.WSH-L.AW.COM
MIAMI.DADE O".....CE
2665 SOUTH BAYSHORE DRIVE. SUITE 420
MIAMI, FLORIDA 33133
TE:LEPHONE 305.654.0800 . TEL.E"COPIER 305.654.2323
LYNN M. DANNHEISSE.R
IGNACIO G. DEL. VAL.L.E
DOUGL.AS R. GONZAL.ES
August 14,2006
VIA FAX AND EMAIL
Planning and Zoning Department
City of Sunny Isles Beach
17070 Collins Avenue
Sunny Isles Beach, FL 33160
Re: Third Amended Letter of IJltent for 400 Sunny Isles Boulevard/Application for Site
Plan Approval and Variance ("Property'~
Gentlemen:
On behalf of Urbis and Key International ("Applicant"), I respectfully submit this Third
Amended Letter of Intent in connection with the above-referenced application (the
"Application"). The plans have been revised and reflect the following variance requests:
(a) Penthouse setback;
(b) West tower setback;
(c) Height of200 feet, which is otherwise permissible under certain circumstances.
The purpose of this Third Amended Letter of lntent is to explain how the variance
requests meet the criteria of Section 265-15G of the Zoning Code, which establishes the
following standards of review for the variance requests:
Planning & Zoning Departlllent
August 14,2006
Page 2
I. Special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures, or
buildings in the same zoning district.
The Property is located along the southern edge of Sunny Isles Boulevard, which entitles
it to a base F.A.R. of3.5, a base maximum density of75 units/acre, and a maximum
height of 200 feet. The lot is 639.831 in length with 159 feet in depth and abuts the rising
slope of the south side of I 63'd Street causeway. Due to the relatively narrow width of
the Property, the marina facility located on the east side of the Property, and the request
by the Fire Department for an opening (access) on the westerly setback line, a building
with two step-backs, between pedestal and tower and between tower and penthouse, and
the allowable height limit of 200' which allows the maximum permitted F.A.R. and
density is not possible. Accordingly, the applicant has proposed a 200-foot high building
with only one step back, between pedestal and tower and reduced western tower setback
that still achieves the view corridors required by the City. Because of the marina facility
which cannot house a structure above it, and the fire access, and because height is a
function of width as set forth in the Code, Applicant cannot meet the Code requirements
on height.
2. The special conditions and circumstances do not result from the actions of the
petitioner.
The variance requests are not the result of actions of the petitioner. The intrinsic site
constraints, the fact that a stand alone marina is located on this site, and the request from
the fire department to have access on the western boundary of the property, have come
together to create a predicament whereby the tower on the west side, and the penthouse,
in general, cannot meet Code requirements and still achieve what would otherwise be
allowable in terms of FAR and density. A building structure cannot be located directly
above the marina, so in order to achieve the zoning allowable on this site, the petitioner
basically had a Hobbes' choice of situating the buildings closer together forfeiting the
view corridor in order to properly achieve height, or, retaining the view corridor and
asking for a variance to achieve the 200 feet height (that would otherwise be permissible
under the Code with a wider view corridor.) Applicant chose the latter.
3. Literal interpretation of the provisions of these LDRs deprives the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of this chapter and works unnecessary and undue hardship on the applicant.
Other properties along the southern edge of Sunny Isles Boulevard are entitled to
construct buildings with a maximum height of200 feet. Likewise, others along the
Boulevard have been permitted variances from the penthouse setbacks. The particular
site, the location of the marina on the site, and the requirements of other agencies such as
WEISS SEROTA HELFMAN
PASTORIZA COLE & BONISUE, P.A.
Planning & Zoning DepartJllent
August 14, 2006
Page 3
shoreline and fire create a scenario whereby the literal intetpretation of the applicable
provisions of the LDR's would not permit the construction of a 200 foot high building on
the Property with the allowable FAR and density. Thus, the literal interpretation of the
applicable L TD provisions work an unnecessary and undue hardship on the applicant.
4. The alleged hardship is not economic and has not been deliberately created to
establish a use or structure, which is not otherwise consistent with the LDR's.
The hardships asserted, the narrow width of the property, location of the marina and the
lack of flexibility for tower height in the LDR's, are not economic in nature nor have they
been deliberately created. Applicant merely seeks to achieve what others along Sunny
Isles Boulevard have been permitted.
5. Granting of the variance requested conveys the same treatment to the individual
owner as to the owner of other lands, building, or structures in the same zoning district.
The granting of the requested variance would permit the applicant to construct a 200-foot
high building which is a right already enjoyed by the other owners of land along the
southern edge of Sunny Isles Boulevard. Likewise, setback relief has been granted others
along the Boulevard.
6. The variance, if granted, is the minimum variance that makes possible the
reasonable use of the land, building, or structure.
The requested variances represent the minimum variances necessary so that the applicant
may construct a building with the allowable height, density, and intensity as is permitted
for all properties along the southern edge of Sunny Isles Boulevard.
7. The grant of the variance is in harmony with the general intent and putpose of
these LDR's, is not injurious to the neighborhood or otherwise detrimental to public
safety and welfare and will not substantially diminish or impair property values within
the vicinity.
The general intent and pUtpose of the TCO district is to develop relatively dense mixed-
use developments with a maximum height of200 feet along the southern edge of Sunny
Isles Boulevard. Contrary to being "injurious" or "otherwise detrimental", this project
incorporates a promenade with benches and lighting along the shoreline for public use
and enjoyment, includes numerous public uses as shops, cafes, and views into the highly
computerized and mechanized, beautifully designed marina facility that maximizes the
visual and physical access to the water through the provision of mixed use facilities as
desired by the LDRs. The marina use not found elsewhere in the City and creates a
unique product for the City. All of this can be accomplished only with the requested
WEISS SEROTA HELFMAN
PASTORrZA COLE & BONISKE, EA.
Plarming & Zoning Departulent
August 14,2006
Page 4
variances which are in harmony with that general intent and purpose as stated above.
Public safety and welfare will not be detrimentally affected by the approval of the
requested variance and the proposed project will in all likelihood enhance property values
within the vicinity.
We respectfully submit that this variance request complies with the criteria of Section
265-15G of the Code. The Marina property continues the redevelopment along Sunny Isles
Boulevard, will be a significant public benefit to the City with its wonderful access and uses for
the public along the waterway and will blend in wonderfully well with the park that is plal1lled
by the City along the roadway that loops under the causeway, while continuing to improve the
aesthetic appearance of Boulevard which is the gateway to the City. Based on the foregoing, we
urge your favorable review and recommendation of this application. Should you have any
questions you can reach me at (305) 854-0800.
Sincerely,
WEISS SEROTA HELFMAN P ASTORIZA
COLE & BONISKE, P.A.
B'j!!:/;f ik(r2; J~~
Ins
1345.001
cc: Steven Belden
Elena Del Campillo
Kobi Karp
WEISS SEROTA HELFMAN
PASTORIZA COLE & BONISKE, P.A.
PUBLIC HEARING APPLlCA nON
?-
Hearing # ~O 0 -03
Date Received 4/"'2-'iJ1 <)10
l. Name of Applicant: Urbis and Key International LLLP
a. if applicant is owner, give name exactly as recorded on deed.
b. If applicant is lessee, attach copy of valid lease of one (I) year or more and Owners Sworn-to-
Consent.
c. If applicant is corporation, partnership, limited partnership, or trustee, a separate Disclosure of
Interest form must be completed.
Mailing Address: 848 Brickell A venue, Suite 700
City: Miami State: FL Zip: 33133
Tel. # (during working hours) (305) 377-1001
2. Name of Property Owner Drb!s and Kev International LLLP
Mailing Address Same as above
City
Tel. # (during working hours)
State
Zip
Other
3. Contact Person Stephep Helfman - Weiss Serota Helfman Pastoriza Cole & Boniske. P.A.
Mailing Address 2665 Soutb Bavshore Drive. Suite 420. Miami. Florida 33133
City Miami State FL
Tel. # (during working hours) (305) 854-0800 Other
Zip
33133
4. LEGAL DESCRIPTION OF TIffi PROPERTY COVERED BY THE APPLICATION
a. if subdivided, provide lot, block, complete name of subdivision, plat book and page number.
b. if metes and bounds description, provide complete description (including section, township and
range).
c. if separate request apply to different areas, provide the legal description of each area covered by a
separate request.
d. attach a separate, typed sheet if necessary. Verify the legal is correct.
SEE EXHIBIT "A"
~ ~ A~R ~ 8~ :, ~ ~
~;;1coG-O~
PLANNING & ZONING DEPT.
5.
Address Property Location:
400 Sunny Isles BIYd.. SUllnv Isles Beach. FL
6. Size of Property: 107.026 ft. x 639 ft. acres 2.457
7. Date subject property acquired IRl or leased 0 8th day of AU2ust
2005 term of lease vears I months.
8. 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.
9. Is there an option to purchase 0 or lease 0 the subject property or properly contiguous thereto?
O' Yes or IRl No
If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also).
10.
Present zoning classification (s):
Town Center fSunnv Isles Beach BIYd South Ed!!e)
I I. REQUEST (S) COVERED UNDER THIS APPLlCA nON:
Please check the appropriate box and give a brief description of the nature of the request in the space
provided.
o Comprehensive Plan Amendment.
o District Boundary Change (s)
IRl Site Plan Approval.
o Conditional Use
o Variance
o Plat Approval
IRl Transfer Development Rights (Separate Application Attached)
o Vested Rights
o Appeals
o ModificationlDeletion of Declaration Dr Covenant
o Other.
12. Has a public hearing been held on this property within the last year and a halt'? 0 yes IRl no
If yes, applicants name
Date of hearing
Nature of hearing
Decision of hearing
Resolution #
13. Is this hearing being requested as a result of violation notice? 0 yes IRl no
If yes, give name to which violation notice was served
Nature of violation
14. Are there any existing structures 011 the property? IRl yes 0 no
If yes, briefly describe Marina facility nartiallv destroyed by Hurricane Wilma _ balance to be
demolished
15.
Is there any existing use on the property? IRl yes 0 no
If yes, what is the use and when was it established? Use
Marina since the 1970's
Established
1970's
FTLJ01675.1
2
LIMITED PARTNERSHIP AFFIDA VIT
We, the undersigned, being first duly sworn, depose and say that we are partners of the hereinafter named limited
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, data and other supplementary maner anached to and made a part of
this application are honest and true to the best of our knowledge and belief; that said limited partnership is the
Downer 0 tenant of the property described herein, which is the subject maner of the proposed hearing. We
understand this application must be complete and accurate before the application can be submitted and the hearing
advertised. ,
Urbis and ke ationa LLLP
= .-/."":).0
(Name of Limited Partnership)
By
By
%
%
By
By
%
%
Sworn to and subscribed to before me
this,g.k. day of iJ ,J /; /L 'J (." C.
~ '
t::.l'__<--"
~IT~-,
,:':i~";"'" ..'i!_VI,l. F ~
!.fl-'f~ qy I~OM,ViSS!ON' 00 215458
u" .,.,......._..'''''''rf1b.'t2~ ~
~'. ..5!:,~i ~.~~.,.,... ~~R1 II ....~\Nf
"'?"p,' ',' ',;l::~" \ll,ll;i~"j n,(U No~'Y p~'C UndelWriln
"""" -
Commission Expires
..................................................................................,..........
3
fTL 301675.1
ATTORNEY AFFIDAVIT
I, Lynn M. Dannheisser, ftrst duly sworn, depose and say that I am a State of Florida Anorney At Law and 1 am the
Anorney for the Owner of the property described and which is the subject maner of the proposed hearing; that all
answers to the questions in this application and all sketch data and other supplementary maner anached to and made
a part of the application are honest and true to the best of my knowledge and belief. 1 understand this application
must be complete and accurate before the application can be subm 'ned nd the hearing advertised.
, Signaturl'-____
, ,-~\.\\~'u_i.l;..jJ~b ~W,
Notary Pubhc J
Sworn to and subscribed to before me
this Zl day of AT"; \ ;)CDlr
Commission Expires
ol'1..-:;'.~:';~4:'"
'<':,&..",.,
i.: ~*:.
~\ .1;;
?.~,Fir;,Th'(..'"
MICHELLE PAAB POSEY
MY COMMISSION I DO 130826
EXPIRES, July 21. 2006
fl,oodeodThruNot.lryPlJbliCunllerYITIIltl
4
FTLJOI67S.1
DISCLOSURE OF INTEREST
If the property, which is the subject of the application, is owned or lease by a PARTNERSHIP or LIMITED
PARTNERSHIP, list the principals of the pannership, including general and limited partners, {Note; where the
other similar entities, funher disclosures shall be required which disclosures the identity of the individual (s) (natural
person) having he ultimate ownership interest in the aforementioned entity}.
!Ie.! I " ~ / , '. /
/">. ( );.~ "4-0/.../,,,,,1/0/." I ,/i- t/~
PARTNERSHIP OR LIMITED PARTNERSHIP NAME
NAME AND ADDRESS
PERCENTAGE OF OWNERSHIP
/.) C } .', /1 /0'7', c::
>'l _ 'LL;/ rc,
, __.-I j .,..... . e'/
hr.", ..t."1.;L.pr.f/~~r,'('';~'d/, ,/,,,,(", /0 .''v
. i/~A~:o; -5.:.~;.(,-v 7?J.s' ,.' i,/(: '<-V';"~
,::: (; /'>" Cl..- /> - "y eX;
4;', ' L:ro,/-
/~{~;/","A 1.'0_ /1 L'r:'.'
{-I;.2., ,.' 57 _.'1/'/ Z-c~ (,,,,'/.1 ~ 0";;
{J,;:'34 ~v.'~'//'n.-."'/.s/ ..t:.-1.-(..... .-;r.q.{,
If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not and whether a
Corporation, Trustee or Pannership list the names of the contract purchasers below, including the principal officers,
stockholders, beneficiaries or partners. {Note; where the principal officers, stockholders, beneficiaries or partners
consist of another corporation, trust, partnership or other similar entities, funher disclosure shall be required which
discloses the identity of the individual (s) (natural persons) having he ultimate ownership interest in the
aforementioned entity}.
NAME
NAME. ADDRESS AND OFFICE (if applicable)
Percenta~e of Interest
Date of Contract:
7
FTL 301675.1
Public l-:Iearjm~ No:~~\\.."l~-C'3
RESPONSIBILITIES OF THE APPLICANT
PLEASE READ CARE FULL Y 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.
Penn it 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 Pennit 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 penn its.
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 pennits andlor 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 tiling may Ifot be the total cost of the hearing and that I
will be advised of any other fees that can be associated with the public hearing application.
r ~~;i!~
~ Signature
..-.-, U
-=!9'n A ~
Print Name
Notary: Sworn to and subscribed before me this
d1,.c.dayof JJ-rJ/:!/i... ,~
My commission expires
-
...... SILVIA FERNANDEZ
. f~~:&~'."';'~' MY COMMISSION # DO 215456
"; :', EXPIRES' Saol,mbar 23, 2007
~:1;.. )l.i '........~d Thl~ NOla'Y PublIC Underwrl\ers
"i;','i:;:~'it...' "..,-,,=
6
FTLJ01675.1
OWNERSHIP AFFIDA VIT
LIMITED FOR PARTNERSHIP
STATE OF
FLORIDA
Public Hearing No. "t:~G, -\):;,
COUNTY
MIAMI-DADE
Before me, the undersigned authority, personally appeared
hereinafter the Affianl(s), who being first duly sworn b)' me, on oath, deposes and says;
I. Affiant is the general partner of the //,1>;; 4'1'/1 P'~v Z:1,.,~.j;M/'" I ?L/j''J
limited partnership, at the following address:
2. Affiant as general partner is authorized to file this application for a public hearing.
3. The limited partnership owns the property, which is the subject of the proposed hearing.
4. The subject property is legally described as:
See Exhibit "A"
5. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of
voiding of any zoning granted at public hearing.
~b8( ~ Vf.~~0
Q Signlt~re
(C;>; ({J / it. UiiJ Q
Print Name
~-;::::. --c:?~ {General Partner)
Affiant's Signature
~~
.---4-";-6 ,/'r/
../ Print Name
Signature
Print Name
Sworn 10 and subscribed before me on the .;) (,
Affiant is persona II)' known to me or has produced
da)' of !t/'/</ L , 200~,
')
l---e fi-:;'{/ J'Lll.. //1/ /rYV;'c/i-L 7-c-' /.>~/-e... as Jdentification.
I
--t'
r.. ~
'..{::.<:-.,..r...-
Notary (
Commission Expir
:...::..~X~:J""
:'-{ "r*~
\~~.Yf;.:~~~.=
SILVIA FER N E;"'-----,
MY COMMISSION ~ DD "\'158
EXPIRES: Seplemoe: C!3 ,;107
e"n,iaj T11'1' "i'):~ry p'Ji>h,; Jr,,~,\"I:I~J~
5
FTLJ01675.1
If any contingency clause or contract terms involve additional panies, 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 panies of interest in the application to the best of my knowledge and belief.
Signature:
(Applicant):
Sworn to and subscribed before me,
This
day of
,200_
(Seal)
Notary Public, State of Florida at Large
My Commission Expires:
<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 of 5% of the ownership interest in the limited partnership.
8
FTLJOI675.1
EXHIBIT A
LOTS 24,25 AND TRACTS B, C AND D, OF SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 50, PAGE 76, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY. FLORIDA. LESS THE FOLLOWING DESCRIBED PARCEL
TAKEN BY CONDEMNATION PROCEEDINGS PURSUANT TO INSTRUMENT RECORDED IN OFFICIAL
RECORDS BOOK 12676, PAGE 803 AND ORDER OF TAKING, RECORDED IN OFFICIAL RECORDS
BOOK 12722, PAGE 1619:
THAT PARCEL OF LAND LYING IN THE NORTHWEST Yo OF SECTION 14, TOWNSHIP 52 SOUTH,
RANGE 42 EAST MIAMI-DADE COUNTY, FLORIDA, BEING A PORTION OF LOTS 24 & 25 AND TRACTS
"B", "C" AND "D", OF SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 50, PAGE 76, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID TRACT "D", THENCE RUN SOUTH 03039'14" EAST. A
DISTANCE OF 40.06 FEET ALONG THE EAST BOUNDARY OF SAID TRACT "D" TO A POINT ON A
CIRCULAR CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1409.50 FEET AND TANGENT
BEARING AT SAID POINT SOUTH 84013'22" WEST; THENCE WESTERLY AND NORTHWESTERLY
ALONG SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 06017'27" FOR AN ARC DISTANCE
OF 154.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 89"29'1 I" WEST, A DISTANCE OF 351.24
FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE NORTHEAST, HAVING A
RADIUS OF 118.50 FEET; THENCE NORTHWESTERLY, ALONG SAID CIRCULAR CURVE THROUGH A
CENTRAL ANGLE OF 36046'29" FOR AN ARC DISTANCE OF 76.06 FEET TO A POINT ON THE
WESTERLY BOUNDARY OF THE AFOREMENTIONED LOT 24; THENCE NORTH 13013'15" EAST, A
DISTANCE OF 8.23 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT24; TO THE NORTHWEST
CORNER OF SAID LOT 24 BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST,
HAVING A RADIUS OF 303.79 FEET AND A TANGENT BEARING AT SAID POINT SOUTH 70021'01"
EAST; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG SAID CIRCULAR
CURVE THROUGH A CENTRAL ANGLE OF 23018'13" FOR AN ARC DISTANCE OF 123.56 FEET TO A
POINT OF TANGENCY; THENCE NORTH 86020'46" FOR A DISTANCE OF 451.44 FEET TO THE POINT OF
BEGINNING. LAST TWO (2) COURSES BEING ALONG THE NORTHERLY BOUNDARY OF SAID LOTS
24 AND 25 AND OF TRACTS "B", "C" AND "D".
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF NORTH MIAMI BEACH, MIAMI-DADE
COUNTY, FLORIDA AND CONTAINING 107041 SQUARE FEET (2.457 ACRES) MORE OR LESS
ADDRESS:
400 SUNNY ISLES BOULEVARD
NORTH MIAMI BEACH, FLORIDA
9
FTL 301675.1
"
<( .
W 'D
lD m
CI) C
w iil
-' ~
!:2
>- i!
z
z ~
::J ;:
CI) .
... ~
0 CI)
/: '"
lD
<; Z
~
c
0
N
~ OJ
'" C
E ~ ro ,2
ro 0.
Z C 15.
C t' 0 '5
,~ ~ ~ "
(j 'D .
<( <Il C
~ ~
0 0
'" '"
'" M 0
~ ; oj ~
'"
'" '" ~ "
'" '" )(
... ... M lD
c
.
.0
E
~ 0 ~
Z
.0 C "
E .2 ~
0 t: 5
z . ~
~ " ,. 8
.E <Il
e
I:;:)
-
5
w
t.R
.-
~
i
w
~
ud
0&
Oil
("I'll
-l
CIO,
O.
-8
0,
....!
'l
"1
CI) .
.....
CO!
CO
:
C'll
.!2!
.... .
CO'
(,,)g
=1
.a.
~w
a.~
~
~
.
i
:
~
.
.
.
.
~
~
.
f
.
i
5
.
i
i
1
,
!
~
5
i
~
,
.
.
.
"i
]
.
5
!
!
.
i
~
.
.
.
i
.
,
.
"
I
i
l
.
48
~
-..'"
j.. :),
'.:::!7.....'
CITY OF SUNNY ISLES BEACH
NOTICE OF ZONING HEARING
..
~
o
9
,
.
o
,
"
NOTICE IS IIEJ1E.11Y '1'VlH Nt. putlUc hearll\g wil be l>eld by 1Il~ CIly COmmlssloo or lrIr City 01 SlIMy fslrs B~lch. flO<ldl. i111he
COmmIsskrlCll&mbtll,SvnnrISluBrao;hGcl'>'tfnrnenlCrnter.18010ColllnsAY!'I1Ur,SunflylllrsBUch.fIotjd,onThvllday,OctClbtr
Ig,2OO&.'1;30p.m..loconslderlhe'ollOwVlplonlng'wr~aOl\:
A. Ulbls.nd Kttlnlfmlllon.lLlLP.
loutlon:400Sunnylslrl8ud'lBwl~.-d
Public lI,utl/li'; l2006.oJ
SUmmary: ThelpplG.lnlptopclnlaconsllvettw020-llorrtowtrsCOO$l$ljfl90f230condomlnfuml.rli15will1"'wndJ\oo(dtvot~IO
:r=:r~~~~es~~~i~~'n~.~6~tq~~~~:~o~e:~~;:rerl~ ~~:=I~Ig/l~~d~I~~~:I~~~l ~
83.'90 SOIJIII' I~el and 46 dwelling units. AIldI~(tlall1, Ihr aWlie~lls rtqurstloQ va~ancl'S from the pen'l1oose 5elb3Ck
rellllWemffi\, iJde ~lDack rl1l..trem~I.lnd lie llelglll requlleml'lllol194 leel(200 leel I~esled)
1. P1nuanlIoSectIon2(lS.1801It1eCilyolSU/lOYlsln8eachlWlllOtvtlopmenlRe~ulallOn5.lheIWUcMtllrt'QtH!$tirlgI
w plan awonl IOf ~ (2) lnlerO)l'l(\lictlng lowe., The wesllowe< ClIflla...S 91 uNU: the easllcwer IXInlalrls 91 urlll5:
IIIIl~pedesl.1lCOlllalftsJ6untts.10fIlDlalol230resldenhllll'Wts
I't.nuIIIl1IoSec1lon26S.230Illli!CllyolSI.MYIslaS8nchlw'o:lDevtlopmM1IRe~lllllf15.lheapplIc1tlIbrell'Jl$ling.
~=r~~Sk1~~~eln~~~~.~.O::~~~~: ~l;:f =~::~W Z~:~O:Ls~:d~;t~
Maffi.l,llCOI1.BISSQuareleelillllll!wtlill9uo",~omIheJORBanl<COIl"no"i}'krown'$IheI'orloBdag~Tlac1.8.
Tratl$ltIlbll[lr;el<ipmllllR~hlSllaok.
Theawtcan1lareQul$tingIYirllnCttromlheleQUlreme<rtsoICO!lISecIlllf126S_31'S\JmmlP/ClwIBTownCenferSub.
Dt5lr1ct:BulIl3ogMas5lnOcyS"eet.T!'PI.,opermnllllpel1lOOUSlpc.1IlIflollhelowerlDselNcklDleIO(O',0.)'eet(20'.
00' fNlrtqoJredj from d Ildes.
4. The,ppIIu/llla~..artancelromlheleQllllemelllsO(CodeSe(allfl26S.31.S\JmmaI}'Cl\aItBTownCenterSub.
0!st1et: IluIklIll9 MnslrlQ by StrNt.T!'PI.10 petmll 'I1e po<1IlIfI of Ihe lower lc UUdl ~O/Tlllle pedestal Q(llt\e lnle!tlo, sJde
westsldalollro(O'.O"'erl/2S'.O.leelrl"QllllIIf)
5. A.ilI1ancetromlhtCodeSect>:>n 26S-3519)(I)[IJlc~lIm".lIell1rtol200'.0' leel(194'.0' leetptfmlaeil)
f'laRllareonnleallllrnIYDeelilmlnfdlnlllePlao1rOrog'lIIllon1og0epartmenltnllde<l.Sooll'fl5lesBUChMtlfna'pr('pa/~CYKOOlKarp
.lltMer:ll.fe.1I6 tJlerko" Oeslgn ndllCllng elmr shul clIfISlsIjrljl 01 25 sl\eelll diled slimped Itvlsed 09121/06. lid .SKffCli Of AlW
~~~~II~~rt~~~1a~,~~It.~O~lc~s:~t~F~~~:rul~~ ~'::~~l": ~~~~ ~1:11~~.~::n%~
C*",,~.l""e1IPlan'.lIVel2ROOfP\a"'.l""e13ROOfPlan'"l""e14ROOfPlan'.lmI5f1oorP\an'.l"""'61.1nal"levIII
FIooff'lao..leVIIS6.11.U,l1ROOII'I",..l....el$9.12.15.laRoorPlao..lt'1I10.13.16RoorPla/1"le.e119Roorl'lafl.'ltvel2(l
FIoof f'Iao. .l....els a,I1.14.17. .It'iels 9,12,IS.18' .l....els 10.13.16" .Nom flev~Ikr1' .Soui:Il E1t1'llllIf1. .bsla Wm fleval!olll'
.se~"lI'IClplanstl1l1lled.GrtcllngandOlIln.ageGrOUlllllevelPlan..Watef6StwrrP\anGrOU1dle'e1l'1ao..Sigl1lng1116 Pavemlllt
Militlrog Ground ltvtI PIa/1' .$jgnlllCl and p,.emelll M~Mng PaMng Plan lln! 2. 'Signlng lid PanmMI M.r1<lng Patklng PIa.n le.el
)' .SlQrInglllll Pavemenl MiII'o:Jng Par1<lng Plan ltnl4" .Sl9nIng II'ld Pavtmrlll r.tNklng F'IIklng Planlr>t1 5' pre~ed by K1mle,.Horn
and Alsodales, Inc. cooslstlng 01 1 sI1eel$ lLlled sl.1mpe;:f Ievlsd 09121106 WIll ~1anII tI1~~~ .Hard5e/lpe P\an Ground floolleoel'
'Harllsc.lpe f'laIll'ooll"'Il' 'Hardscape Details. .PIan~ng Plan GloumI ROCII' It'e1" .SIte Une T~lo'\'JIeGlouncl F\a)r' .1'Iarl~ng I'IarlI'ool
LlVeo'. 'Plan~ng OtWl$. .PI;wrtI1lg Details' .Plantlng Spedl\c,aoos' "Photome~lcs 1'111'I Grouncl Roor leYel. .Pllolcmltrlcs P1in Pool
level. and 'UgM"ll Oel&lls.. prep"ed~, lkbin Resoortlis GrCllP COOS.h~ng 0112 shtets dl!~ I~mped revlsfd 09121106 Plans may
~rnodIlIedatpl.tillchtlrlng
llllll;
9
a
.
.
.
.
~
~
~
~
,
<
>
.
lOTS 24. 2S ~D TRACTS B. C ~O O. OF SfCONO REVlSfO PlAT OF BEUA \'ISTA SOBOMSION,ACCOROlm; TO THE FUT
1llERfOf.AS RECOAOEO IN PlAT BOOK SO. PAGE 16. OF THE PLeUC RECOfI{lS OF MWolI.OADE COlffTY. flORlOA- LESS
THE fOUOIlMG OESCRlBED PAAca TAXHI 81 CONDfMNATlON I'IlOCHOtlGS PUflSlJANT TO flSTRUMEHT RECOOOEO IN
OffICW.f.ECORDS BOOK 12616,PAGE 8D3AADOIlOEROFT,IJ(ING.AECORC>eOIN0FfI0AlRECOOOSBOOK 12m .PN;E
1611
OOT mea Of lNID lllNG IN THE NORTtM'fST y, Of Sl:CTlQN 14. TOWNSHIP 52 SOUTH. flANGE U E.\ST MlAAIl-DJ<<
COlJ/TY, FlORlOA. BU~G A PORTION Of LOTS 24' 25AAO 'tRAnS'S.. .C. ~O .0'. OF SECONO RMSEO PlAT OF
BEllAVlSTAS~llN\SK)N.ACCOROINGTOTHEfUTlIEREOf,ASRECOfIDEDtlPI.ATSOOl(SO,PAGE76.0fJ}fEPUBUC
RECOROSOFMWolI-OADECOO'<TY.A.ORIOA,AADB~GM(lIIfPAliTIttJL.ARL10fSCl'JSEOASFOllOWS'
8E(iljATTtENDRTlEASTCORNfJlOFSAlO~CT'O.,THEHCERUHSOlfT1lW3t14.fAST.AOISTAACf"OFC006FEET
AlONGTHEEASTBOUNOARYOFSAlOTAACT.O'TOAPOIfIONAClRC\.UJIClJIVECONCAVETOTllEHDflIH.Kl.V1I1GA
RAOlOlISOF14D9.SOFffimOTAAGfNTBEAfllIIGATSAlOPOM"SOll1MWIH2'WEST;THfNCf"WESTtIl.YN/0
HOIIDlWESTtRlY AlONG SAlO ClRC\.UJI CUlM THllOUGH A CEh'TAAI. ~GLf: OF WI1'27' fOR ~ ARC OISTAIICE Of
154.16FmTOAPOlNTOFTANGENCY:rn~CENOR'lHeS"29'11'\VEST,AO~'AllCE0F351.l4F1'ETIOAPOlmOf
ClJIVA11J"iOfACIRCl.J\..AAC1./llVfTOrnEtlORTHEAST.Kl.WlGARAOIOl,ISOfI18SOFffi;JHENCENOR7HWESTUII.Y.
AlOm;SAI0DRClJWlC1JlVElKIOUGHAc:eHTAAl.AAGlEOF36'45'29'FOR~AIICOIST~CEOF16D6FmTOA
POM ON TlE WESTEIlLYBOlJlllAll1 OF THEAFOlI.EhlENTIONEO LOT 24: '!H[NCf tlDRTH 13'13'IS. EAST;A OlSTAACt: Of
6.23FUTAlONGMWESTERLYBOI..tlONlYOFSAlOlOT24;TOnfNOflTlfWESTCORNfROFSAItIlDT24BElNGA
POMONAClRCI.VIICl1'I\otCONCA'o'ETOTHENOflTHEAST.KI.'fflGAfWlIOUSOF3tl31IFEfTAAOATAIIGfllTIlEAAlHG
ATSoIJDPOtITS0UTN70'21'01.EAST;nfHCt:SOI.mlfASTtRlY.fASTUU~OHDRnv.srt'lYAlOHGSAlDQFlCLlAfI
CLflVElKIOUGHACOmw.~GU:OF 23' 18'13.FOR~AACOISTANCE OF 12J.5(iFU1TOA r>owTOFTAllGENCY;
THEHCE NORTM 86 "20'46. FOA A OISTNiCf Cf CS1.44fEfTTOTMEPOINT OFBEl'IlNING. lAST T\Ir'O (2/COUIS fS&JNG
AlONGTlENORTIE'l.YBOUNOAflYOfSAlOI.OTS24AN025ANDCf~CTS.B..'C.AAO'O..
SAl0L>>lDssrruATt,lYlliGAIIO&IHGlNTHEClTYOfNORTMMtAAll&ACH.",w,rj.OAOfCOllm,FlOIll0A.
Slz.oI~2.4S1ICII$
1_: TownCerlltrlonl/l90IStrlcl(TCO)
AllHIrsoos.relfMltdlD.ppearlllh1smettingOfbelepresenlfdb'IrI"'lIlt.OIlcr>preS$lI1llv1twllnlNlitlnglddfm~lDlheCity
Clerk.CllyofSlJVIYISlel8fach,I8070COl~nsA.tnoe.Sunn,l$ltsBtach.flOfl(la.UI60 ThlcourtsllllvtrlJledllllll)IImPlOgertl
:~':l=~v~~~~r:;:r~~~~nOl~:t:~r:b~~~~~~;~~~I~:~OIhen:.~~=~
.INsmeellngllllrluodtrSUChClcurnS\o){l(IS,ldlIlllooallt<lalrlOlIceWOUldnolDeprovlded. My per5(Y\$ wlshlng 10 SIlelll jt, public
llealfll\l!llouldreQIlllIYliIllOllCllyCltrkprlo(lolhalttembelngllelld
~lelflldlnglhettemrnl,DedlrtClfdtlt\eClly'Sl'ltl\lllnganillonlngDtp.v1rntl11111305J792.1110.Pleil:$erelerlolhel'lel~ng
l'iU"'ber~lI1rnallJngllllnqull}'
~e~.~::a~:~ :=l'~r:C::~=~~orC~~=~~~e~s~'::":7..T:~ri,~~:~d'~I~~:~~:
1s",.dI!.Mllchrecordlndudl$thelt:;llmonyan(lIY1dffl::lupon\lltichlhtappealblcbt~lIfd. TlIIsootlcedotsnolrolldMtronsenf
CYlllrlClt)'llI"lnfrod<.ocllonl!(ldmlsslonOI01hIf'Wlselll3dmlSllllleDtlntlevanltvl~e,no.-doe$"'lIIhlIflledla11n9Illl"lwea1snot
Dtherwl$a.llowfd~,\a.w
IlIlCCOIrlano;twl'l11haAmerkarl$ "'Ill OlSabllllluAc\.11I ~1r'$OO1 Mlo .re 00ab(~ IIId MlDllt~ ~eclal at(l!(llrnolLllloos ~pUlldp.le
InlhlsmeetingceUIIUC/fNI"sablltlyshouldconliclllleC/lyMllIIgIlI1305.792-1701.nolaltr1harlUlloltsprt(l{loll'le
proceldng: nheiMg lmpairfd. ~lease lelephooa lheTOO Une al :lOS.192.1590 1(1{ oiWstaoce. .
FRE EII(I...oVie Tickets,,~:,
.OOVDs! (,.;'
,
~)jJ'm1HMrIol(Offt
~$" k,.
" I I 'J' I' '
}1 \ I ~ ) \ ~ l'''~ \
""..JII~.",..",,,
pm;ll) : E~bm~::.:'~I' .
au .101)% PAINLESS~' I ,
LASEH. THERAPY HOLLYWOOD
"'X.-"J"....,...,"1I"-i'"".....i.',,I',.....1./.."1l'..'
I ~R66~l)16_QU IT (7R4R)
Ih~I....~. "....ftvl
"""'",.",~.""""..I . ';"",. 1.".I".",~...l
~'." ,."..."....,.,..,.."'
COMPUTER
TRAINING
. Privafe sessions
.- .
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) <147-2150 Building Dep~Jrlment
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
Elena Del Campillo, Planning & Zoning Technician
Priscilla Walker, CMC, Deputy City Clerk P W~
October 23,2006
Approval of Urbis and Key International LLLP Application
At its regular meeting of October 19, 2006, the City Commission adopted Zoning Resolution
No. 06-Z-104, approving the zoning application submitted by Urbis & Key International LLP for
TDRs and "20-story condominium" site plan approval. Attached is a copy of the approving
resolution to assist you in processing this item with the applicant.
Thank you.
:pw
Attachments
cc: A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager/Services
Urbis & Key Zoning Approval Trans Memo