HomeMy WebLinkAboutResolution Zoning 07-Z-112
RESOLUTION NO. 07-Z-ll..2>
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLO.RIDA, ("'CITY") APPROVING THE
ZONING APPLICATION SUBMITTED BY OCEANIC DEVELOPMENT,
LLC (THE "APPLICANT"), PURSUANT TO SECTION 265-18 OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF SUNNY
ISLES BEACH ("LDR's"), FOR THE DEVELOPMENT OF
"OCEANIKA", A 20-UNIT TOWNHOUSE PROJECT; PROVIDING FOR
THE RELEASE OF DECLARATIONS OF RESTRICTIONS; PROVIDING
FOR AN AMENDMENT OF RESOLUTION NO. 2003-511 TO RELEASE
THE WEST 10 FEET OF THE VACATED ALLEY; AND PROVIDING
THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on July 2, 2007, OCEANIC DEVELOPMENT, LLC, (the "Applicant")
submitted an application to the City of Sunny Isles Beach, Florida ("the Application") (Z2007-01
(a)), requesting the following:
1) Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the applicant is requesting site plan approval for a 20-unit townhouse
development consisting of four buildings each containing five units.
2) Release of Declaration of Restriction recorded on Official Record Book (ORB) 3049 Page
139 dated August 1 1, 1948, only as it applies to the subject property.
3) Release of Agreement recorded on ORB 3356 Page 449 dated November 3, 1950, only as it
applies to subject property.
4) Release of Declaration of Restriction recorded on ORB 3972 Page 328 dated August 30,
1954, only as it applies to the subject property.
5) Release of the West 10' of a vacated alley approved by the City of Sunny Isles Beach, City
Commission under Resolution No. 2003-5 I I passed and adopted on February 20, 2003.
Plans are on file and may be examined in the Planning and Zoning Department for "Oceanic
Development, LLC." entitled "Boundary Survey" prepared by Fortin, Leavy, Skiles, Inc. dated
02-05-07, consisting of 2 sheets and plans entitled "Oceanika" prepared by Charles O.
Buckalew, P.E. consisting of 2 I sheets stamped revised 10-09-07, including Cover Sheet and
plans entitled "Site Plan SP- 1" "Detailed Site Plan SP-2" "Details D- 1" "Photometric Plan PH- 1"
"Floor Plans A-I.O" "Floor Plans A-I.I" "Floor Plans A-I.2" "Floor Plans A-I.3" "Ro\jf Plan A-
lA" "Exterior Elevations A-2.0" "Cover Sheet C-O" "Paving, Grading & Drainage C- 1"
"Paving, Grading & Drainage C-2" "General Notes & Details C-3" "Water Plan C-4" "Water
Plan C-5" "Water General Notes & Details C-6" "Sewer Plan C-7" "Sewer Plan C-8" "Sewer
General Notes & Details C-9" and plans entitled "Planting Plan L-1" "Existing Tree Plan L-2"
prepared by Dave Bodker, Landscape Architecture/Planning Inc. stamped revised 10-05-07,
22007-01(a) Oceanika FDC
consisting of2 sheets. Plans may be modified at public hearing.
Legal:
Lots 2 & 3, Block 3, OCEAN BOULEY ARD ESTATES, SECTION "A", according to
the plat thereof as recorded in Plat Book 48, Page 39, together with the West ~ of the
vacated alley, lying East of and adjacent to said Lots 2 & 3, and Lots 4, 5, 6, 7, 8, & 9,
Block 3, GOLDEN SHORES, OCEAN BOULEY ARD ESTATES, SECTION "Boo,
according to the plat thereof as recorded in Plat Book 51 at Page 15, together with the
West ~ of the vacated alley, lying East of and adjacent to said Lots 4,5,6,7,8 & 9, all of
the Public Records of Miami-Dade County, Florida.
ADDRESSES:
18915,18925,18955,18965,18985,19001,19025, 19035 Atlantic Boulevard
WHEREAS, on November 15, 2007, the City Commission conducted a public hearing on
the Application as modified by the Applicant; 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 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 welfare of the public, particularly as it affects the
stability and appearance of the community; and, further, found that said requests should be
granted, subject to; and
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 all of the conditions set forth in this
Resolution.
Z2007-01(a) Oceanika EDC
2
1. The Applicant's request for approval of its site plan for the Project known as "Oceanika"
is hereby granted and the site plan is hereby approved, subject to all of the conditions provided
herein, including but not limited to those conditions set forth in Section IV of this Resolution.
The failure to performance of any of these conditions shall be deemed a denial of this
Application.
2. The Applicant's request to release the Declaration of Restrictions recorded on Official
Record Book (ORB) 3049 Page 139 dated August 11, 1948, only as it applies to the subject
property is hereby granted.
3. The Applicant's request to release the Agreement recorded on ORB 3356 Page 449 dated
November 3, 1950, only as it applies to subject property is hereby granted.
4. The Applicant's request to release the Declaration of Restrictions recorded on ORB 3972
Page 328 dated August 30, 1954, only as it applies to the subject property is hereby granted.
5. The Applicant's request to release the West 10' of a vacated alley approved by the City
of Sunny Isles Beach, City Commission under Resolution No. 2003-511 passed and adopted on
February 20, 2003 is hereby granted.
IV. CONDITIONS
Conditions to be completed before 2;rade or buildin2; permits are issued.
A. Conditions to be completed before below grade or building permits, including
foundation permits, are issued or construction of any nature is commenced.
(1) 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 Section 265-18 of the City Code; the
Applicant shall be required to obtain another approval of the City Commission.
(2) That the project shall be developed substantially in accordance with the plans submitted for
the November 15, 2007, public hearing. Plans are on file and may be examined in the
Planning and Zoning Department for "Oceanic Development, LLC." entitled "Boundary
Survey" prepared by Fortin, Leavy, Skiles, Inc. dated 02-05-07, consisting of 2 sheets and
plans entitled "Oceanika" prepared by Charles O. Buckalew, P.E. consisting of 21 sheets
stamped revised 10-09-07, including Cover Sheet and plans entitled "Site Plan SP-1"
"Detailed Site Plan SP-2" "Details 0-1" "Photometric Plan PH-I" "Floor Plans A-1.0"
"Floor Plans A-l.1" "Floor Plans A-1.2" "Floor Plans A-1.3" "Roof Plan A-1A" "Exterior
Elevations A-2.0" "Cover Sheet C-O" "Paving, Grading & Drainage C-1" "Paving,
Grading & Drainage C-2" "General Notes & Details C-3" "Water Plan C-4" "Water Plan
C-5" "Water General Notes & Details C-6" "Sewer Plan C-7" "Sewer Plan C-8" "Sewer
General Notes & Details C-9" and plans entitled "Planting Plan L-l" "Existing Tree Plan
22007-01 (a) Oceanika EDC
3
L-2" prepared by Dave Bodker, Landscape Architecture/Planning Inc. stamped revised 10-
05-07, consisting of 2 sheets. Plans may be modified at public hearing.
(3) 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 a non-exclusive ten foot (10') utility easement for the underground of utilities
(the "Utility 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.
(4) That the Applicant shall submit a Declaration of Restrictive Covenants (the "Declaration")
in recordable form, in accordance with the Code of the City of Sunny Isles Beach,
acceptable to the City, prior to the issuance of a building permit. The Declaration shall
proffer the Utility Easement over, across, under and through the front of the property. The
Declaration of Restrictive Covenants shall specify that the proffered easement shall exist in
perpetuity.
(5) 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 and Sewer Department, Department of Environmental
Protection (DEP), and Florida Department of Transportation (FDOT).
(6) That the Applicant shall submit plans for the construction of an appropriate barrier between
the construction site and adjoining properties in order to minimize the impact of the
construction site. The Applicant shall comply with Chapter 135 and Chapter 193 of the
Code of the City of Sunny Isles Beach relating to the construction site operations.
(7) The Applicant shall comply at all times with the City's temporary construction fence
ordinance and any amendments thereto. The Applicant shall comply with all City and
County ordinances relating to the hours of operation for construction commencement and
termination. The Applicant shall use its best efforts to minimize vibration and noise during
the construction of the Project.
(8) 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,
and other applicable Land Development Regulations due to the City have been paid.
(9) 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.
(10) 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
22007-01 (a) Oceanika EDC 4
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.
(11) The Applicant has agreed to address or resolve all of the City's traffic engIneenng
comments prior to the issuance of a building permit.
(12) That the Applicant shall replat the parcels in accordance with the City Code and Miami-
Dade County Code.
B. Conditions to be completed before any Certificate of Occupancy is issued
(1) That the Applicant demonstrates that it is in compliance with all terms and conditions of
this Resolution.
(2) That the Applicant shall pay all remaining fees related to the review of the Application
described herein and shall have paid all other fees due to the City.
(3) That pursuant to Chapter 267 of the Code of Sunny Isles Beach, the City Manager and lor
his/her designee in review of any application, may continue to refer the subject 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 a contractual agreement by and between
the City and such consultant and shall be a continuing obligation of the Applicant. 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 to
the City.
(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 a 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, in accordance with recommendations of the Building
22007-01 (a) Occanika EDC 5
Official after review of construction plans submitted based on development approval
provided in this Resolution. 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. The Applicant shall
coordinate with the City Manager on this issue.
(8) 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.
(9) That the Applicant shall provide enhanced landscaping, including but not limited to, the
creation of buffer landscaping around the rear and side walls of the proposed development.
(10) That the Applicant shall comply with Chapter 104 of the City Code ("Art in Public
Places"), which requires the developer of multifamily residential properties to pay into the
Public Art Trust Fund 1 % (one percent) of the estimated construction costs of the
development project, not to exceed $500,000.00 (five hundred thousand dollars), in lieu of
placement of an approved work of art. To comply with Chapter 104, the Applicant agrees
to contribute $100,000.00 (one hundred thousand dollars) to the Public Art Trust Fund,
which contribution shall be paid at the time of issuance of a the first certificate of
occupancy for the Townhouse project.
C. Other Conditions:
(1) That the Applicant shall obtain a Certificate of Occupancy and a Certificate of Use from
the City upon compliance with all terms and conditions. The Certificate of Occupancy and
Certificate of Use shall be subject to cancellation upon violation of any of the conditions.
(2) That the approved site plan shall remain valid for a period of 24-months from the date of
approval. If no building permit is issued within the 24-month time period, the site plan
shall be considered null and void and of no force and effect. Developer may request
extension in accordance with Code Section 265-3(b) (6).
(3) That the Applicant shall comply with all City Ordinances applicable to development and
permit approvals.
Z2007-01(a) Oceanika EDC 6
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
HEREIN ABOVE HAVE BEEN TRANSFERRED, PROFESSIONAL FEES SECTION
267 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH, AND ALL OTHER
FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT
REGULA TIONS.
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, DO 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. SEVERABILITY AND EFFECTIVE DATE
1. If any section, subsection, clause of provision of this Resolution is held invalid, the
remainder shall not be affected by such validity. All Resolutions or parts of resolutions
in conflict herewith shall be hereby are repealed.
2. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 15th day of November, 2007.
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
./' ;
'1 ~fTESTi. \
:~,~~
]qrr,e A. Hlne.~;.9MC, City Clerk
"
.... .
: /
7
.---;->
Moved by: 'It U MaJ.j'bt' (J:L~~
Second by: (i..("'''\IW\IS~\ oj\) f e. ~~211J
VOTE: 5-6
Mayor Norman Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
1L.yes
Vyes
\/yes
---1t1es
!/Yes
no
_no
no
no
_no
STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
I, JANE A. HINES, City Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that
the above and foregoing is a true and correct copy of Resolution No. 07-Z-llb. adopted by the
City Commission at its meeting held on the I t5..j.~ day of tJ f) l )e,W\ 'oW , 2007.
Issued: rJoVe.'M..blVV 3~")()O7
&.:tt~
Jane A. Hines, CJ\:1C,City Clerk
Z2007-0 1 (a) Oceanika EDC
8
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, CommissIOner
Danny Iglesias, Commissioner
(305) 947-0606 City Hall
(305) 949-31/3 Fax
(305) 792-1710 Planning and Zoning Department
(305) 792-1565 Fax
A. John Szerlag, City Manager
Hans OUinot, City At/orney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
The Honorable City Commission
A. John Szerlag, City Manager
Jorge L. Vera, Assistant City Manager
Robert C. Sol era, Community Development Director
Elena Del CampilIo, Planning and Zoning Technician
November 15, 2007
Z2007-01 (a), Oceanic Development, LLC.
RECOMMENDATION:
This Site Plan Application is presented for your consideration.
REASONS:
The Applicant is requesting site plan approval for a 20-unit townhouse development
consisting of four buildings each containing five units. As indicated in the Staff Report,
the site plan is consistent with the Land Development Regulations and the
Comprehensive Plan. No variances are requested in this project. Additionally, the
Applicant has requested the released of several old covenants to permit the development
on the property. Further, The Applicant is requesting a partial release of an easement
located at the rear of the property. Staff has no objection to the partial release because
the Applicant is providing the 10-foot easement in front of the property
Funding anibble:
Apprm'al:
Agenda Item No"
Finance Department
City Manager
11- 15-07
Commission Meeting Date:
15
CITY OF SUNNY ISLES BEACH
NOTICE OF ZONING HEARING
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 A venue, Sunny Isles Beach.
Florida on Thursday, November 15,2007 at 7:30 p.m., to consider the following Zoning application:
A. Oceanic Development, LLC
Location: 18915, 18925, 18955, 18965, 18985, 1900 I, 19025, 19035 Atlantic Boulevard
Public Hearing #: Z2007-0 1 (a)
Summary: The Applicant is requesting site plan approval for a 20-unit townhouse development consisting of
four (4) buildings each containing five (5) units together with the release of certain Declaration of
Restrictions.
I) 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 20-unit townhouse development consisting of four (4) buildings each containing
five (5) units.
2) Release of Declaration of Restriction recorded on Official Record Book (ORB) 3049 Page 139 dated August II, 1948,
only as it applies to the subject property.
3) Release of Agreement recorded on ORB 3356 Page 449 dated November 3, 1950, only as it applies to subject property.
4) Release of Declaration of Restriction recorded on ORB 3972 Page 328 dated August 30, 1954, only as it applies to the
subject property.
5) Partial release of Easement, more specifically described as, the West 10' of a vacated alley approved by the City of
Sunny Isles Beach, City Commission under Resolution No. 2003-511 passed and adopted on February 20, 2003.
The purposes of requests 2 through 4 are to release certain restrictions that were placed on the subject property which would
prohibit the proposed development.
Plans are on file and may be examined in the Planning and Zoning Department for "Oceanic Development, LLC." entitled "Boundary Survey"
prepared by Fortin, Leavy, Skiles, Inc. dated 02-05-07, consisting of 2 sheets and plans entitled "Oceanika" prepared by Charles O. Buckalew,
P.E. consisting of 2 I sheets stamped revised 10-09-07, including Cover Sheet and plans entitled "Site Plan SP- I" "Detailed Site Plan SP-2"
"Details D-I" "Photometric Plan PH-I" "Floor Plans A- 1.0" "Floor Plans A-I.I" "Floor Plans A-I.2" "Floor Plans A-1.3" "Roof Plan A-I.4"
"Exterior Elevations A-2.0" "Cover Sheet C_O" "Paving, Grading & Drainage C-I" "Paving, Grading & Drainage C-2" "General Notes & Details
C-3" "Water Plan C-4" "Water Plan C-5" "Water General Notes & Details C-6" "Sewer Plan C-7" "Sewer Plan C-8" "Sewer General Notes &
Details C-9" and plans entitled "Planting Plan L-l '.' "Existing Tree Plan L.2" prepared by Dave Bodker, Landscape Architecture/Planning Inc
stamped revised 10-05-07. consisting of2 sheets. Plans may be modified at public hearing.
Lrgal:
LOIS 2 & 3, Blok 3. OCEAN BOULE V ARD EST A TES, SECTION "A". according to Ihe plallhereof as recorded in PIal Book 48. Page 39, logether wilh
Ihe Wesl 'I, of Ihe vacaled alley, lying Easl of and adJacenl 10 said LOIS 2 & 3. and Lots 4. 5. 6. 7. 8, & 9, Block 3, GOLDEN SHORES. OCEAN
BOULEVARD ESTATES. SECTION "B", according 10 Ihe plallhereofas recorded In Pial Book 51 al Page 15.logelher wllh Ihe Wesl y, oflhe vacaled
alley. lying East of and adjacenllO said LOIS 4.5,6,7,8 & 9. all oflhe Public Records of Miami-Dade Counly, Florida
Size or Properly:
155 acres
Zone:
Moderate Density Townhouse (R-TH)
All persons are invited 10 appear al Ihis meeting or be represented by an agent. 01 to express Iheir views in writing addressed to Ihe City Clerk, City of Sunny Isles Beach. 18070
Collins Avenue, Sunny Isles Beach. Florida. 33160. The courts have ruled that il is improper to contact a City Commission member individually. eilher orally or in writing aboul
any zoning applications. Maps and other data pertaining 10 Ihese applications are available for public inspection dunng nonnal business hours in City Hall. Any zoning hearing
may be conlinued 01 Ihis meeting and under such circumslances. additional legal nOlice would not be provided Any persons wishing to speak al a pubhc hearing should regisler
wilh the City Clerk prior to that ilem being heard. Inquiries regarding the item may be dlfecled 10 Ihe City's Plannmg and Zoning Dc:partmenl al (305) 792-1710. Please refer to
the hearing number when making on inquiry. If a person decides 10 appeal any decision made by the City Commission wilh respect 10 any maner considered 01 such meeling or
hearing. they will need a record of Ihe proceedings and. for such purpose. may need 10 ensure Ihat a verbatim record of Ihe proceedings is made. which record includes the
.estimony and evidence upon which Ihe appeal is 10 be based. This notice does not conshlule consent by Ihe City for inlToduction or admission of otherwise inadmissible or
irrelevanl evidence. nor does it aulhorize challenges or appeals nor otherwise allowed by law. In accordance wilh the Americans with Disabililies Acl. all persons who are disabled
and who need special accommodalions 10 panicipale in this meeting because of Ihal disabilny should contactlhe Cily Manager al 305-792-170 I. no late, Ihan 48 hours prior 10 Ihe
proceeding; if hearing impaired. please telephone the TDD line al 305-792-1590 fOI asslSlance
16
Oceanika Townhomes
City of Sunny Isles Beach
Development Review Report
I. Project Summary
AppJication #:
Z2007-01 (a) Oceanika Townhomes Site Plan
AppJication Summary:
The Applicant is requesting site plan approval for a 20-unit townhouse
development consisting of four (4) buildings each containing five (5) units.
AppJicant/Owner:
Oceanic Development, LLC
608 SW 4th Avenue
Fort Lauderdale, FL 33315
Phone: 954-522-2438
Agent:
Fromberg, Perlow & Kornik, P.A.
19801 N.E. 29th Avenue, Suite 100
A ventura, FL 33] 80
Phone: 305-933-2000
Fax: 305-936-010]
Related AppJication(s):
None
II. Site Information
Site Area:
67,337 square feet (1.55 ac.)
Location:
18915,18925,18955,18965,18985, 19001, 19025, 19035 Atlantic Boulevard
Land Use:
Low Medium Density
Zoning:
R - TH Residential
Ad' P
113cent ropertles:
Existinl!: Use Zoninl!: Land Use Plan
North Vacant R-TH LMD
East Multi family/motel MU-R MURHD
South Vacant R-TH LMD
West Single family R-l LDR
17
Oceanika Townhomes
III. History
The project to be known as the site plan for the "Oceanika Villas" will be located on the
neighborhood currently known as "Golden Shores" majority of the existing properties were built
in year 1950 through 1957 approved under Miami-Oade County.
IV. Zoning
1. Minimum lot area (265-32D(I)): Complies.
Required: 3,000 sq.ft. for townhouse units.
Provided: 3,367 sq.ft.
2. Maximum height (265-32D(3)): Complies.
Required: 45 feet.
Provided: 44 feet to peak of roof.
3. Lot coverage (265-32D(5)): Complies.
Required: The combined lot area covered by all principal and accessory buildings shall not
exceed 50%. A minimum of 30% of the lot area shall be maintained in landscaped open
space and recreation space (pools, courtyards and patios).
Provided: Lot coverage - 40%; Landscaped open space and recreation space - 35%.
4.
Minimum buildine setbacks (265-32D(4)): Complies.
Required Provided
Front 20 feet 20 feet
Rear IS feet I 9 feet, 5 inches
Corner Side I 0 feet 1 0 feet, 2 inches
Interior Side o feet for the side of common or Maximum five
abutting walls of attached units. A contiguous units
maximum of eight dwelling units per building.
may be constructed in a contiguous
senes of attached dwellings or
townhouses.
Buildine Separation 20 feet 20 feet, 4 inches
5. Floor area ratio (265-32D(6)): Complies.
Permitted: 0.80 (53,869.60 square feet).
Provided: 0.79 (53,508 square feet total alc area).
6. Maximum dwelling unit density (265-32A): Complies.
Permitted: 13 du/ac (20 units).
Provided: 13 du/ac (20 units).
V. Off-Street Parking and Loading Standards
Parking
1) Amount of off-street arking (265-46B): Com lies.
Use (Standard Re uired
Provided
Townhouse - 2 spaces per unit
2
40
40
18
Oceanika Townhomes
2) Required handicapped spaces (265-46A(6)):
Required: N/A
.
VI.
Outdoor Lighting Standards
I) Lighting Plan (265-74(B)): Complies.
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.
2) 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.
3) Light Height Standards (265-74(E)): Complies.
Required: 12 feet for non-cutoff type luminaries.
30 feet for cutoff type luminaries.
Provided: 25 feet cutoff type luminaries.
VII. Applicant's Request
2)
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 20-unit townhouse development consisting of
four (4) buildings each containing five (5) units.
.
3) Release of Declaration of Restriction recorded on Official Record Book (ORB) 3049 Page 139
dated August 11, 1948, only as it applies to the subject property.
4) Release of Agreement recorded on ORB 3356 Page 449 dated November 3, 1950, only as it
applies to subject property.
5) Release of Declaration of Restriction recorded on ORB 3972 Page 328 dated August 30, 1954,
only as it applies to the subject property.
6) Partial release of Easement, more specifically described as, the West 10' of a vacated alley
approved by the City of Sunny Isles Beach, City Commission under Resolution No. 2003-511
passed and adopted on February 20,2003.
The purposes of requests 2 through 4 are to release certain restrictions that were placed on the subject
property which would prohibit the proposed development.
Plans are on file and may be examined in the Planning and Zoning Department for "Oceanic
Development, LLC." entitled "Boundary Survey" prepared by Fortin, Leavy, Skiles, Inc. dated 02-05-07,
consisting of 2 sheets and plans entitled "Oceanika" prepared by Charles O. Buckalew, P.E. consisting of
I sheets stamped revised 10-09-07, including Cover Sheet and plans entitled "Site Plan SP-I" "Detailed
Site Plan SP-2" "Details D- 1" "Photometric Plan PH-I" "Floor Plans A-l.O" "Floor Plans A-l.l" "Floor
3
19
Oceanika Townhomes
Plans A-1.2" "Floor Plans A-I.3" "Roof Plan A-1.4" "Exterior Elevations A-2.0" "COver Sheet C-O"
"Paving, Grading & Drainage C-I" "Paving, Grading & Drainage C-2" "General Notes & Details C-3"
"Water Plan C-4" "Water Plan C-5" "Water General Notes & Details C-6" "Sewer Plan C-T' "Sewer Plan
C-8" "Sewer General Notes & Details C-9" and plans entitled "Planting Plan L-l" "Existing Tree Plan L-
2" prepared by Dave Bodker, Landscape Architecture/Planning Inc. stamped revised 10-05-07, consisting
of 2 sheets. Plans may be modified at public hearing.
Legal:
Lots 2 & 3, Blok 3, OCEAN BOULEVARD ESTATES, SECTION "A", according to the plat
thereof as recorded in Plat Book 48, Page 39, together with the West Y2 of the vacated alley, lying
East of and adjacent to said Lots 2 & 3, and Lots 4, 5, 6, 7, 8, & 9, Block 3, GOLDEN SHORES,
OCEAN BOULEVARD ESTATES, SECTION "B", according to the plat thereof as recorded in
Plat Book 51 at Page 15, together with the West Y2 of the vacated alley, lying East of and adjacent
to said Lots 4,5,6,7,8 & 9, all of the Public Records of Miami-Dade County, Florida.
VIII. Planning Analysis
The site contains eight residential duplex structures that are being replaced with four five-unit
townhouse buildings containing a total of twenty dwelling units. The proposed development is in
furtherance of the goals and objectives contained within the City's Comprehensive Plan. The
development is also in compliance with the underlying Low-Medium Density land use designation
and is compatible with the existing surrounding uses. The project meets all applicable Land
Development Regulations requirements.
IX.
Staff Analysis
.
The subject property is located on the east side of Atlantic Boulevard, between I 89th Street and
19151 Street. The property is located in the Moderate Density Townhouse Residential (R - TH)
Zoning District. The intent of the District is to provide increased variety in housing types with
increased opportunities for home ownership while maintaining the residential neighborhood
character of existing districts consistent with the Comprehensive Plan policy of promoting and
sustaining the formation of "urban villages."
The Developer intends to request the City to abandon the west 1 0 feet of the utility easement
located within the previously vacated alley/right of way located adjacent to the property.
Additionally, the existing easement over the right-of-way. Staff has no objection to the release has
agreed to release the existing easement if the Developer has agreed to provide an exclusive 10 feet
FP&L easement at the front (west side) of the property at owner's expense for the location of
underground facilities.
X. Conditions
Conditions to be completed before below e:rade or buildine: permits are issued.
(I) 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
4
20
Oceanika Townhomes
Section 265-18 of the City Code: the Applicant shall be required to obtain another approval of the
City Commission.
(2) 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 for
"Oceanic Development, LLC." entitled "Boundary Survey" prepared by Fortin, Leavy, Skiles, Inc.
dated 02-05-07, consisting of 2 sheets and plans entitled "Oceanika" prepared by Charles O.
Buckalew, P.E. consisting of 21 sheets stamped revised 10-09-07, including Cover Sheet and plans
entitled "Site Plan SP-l" "Detailed Site Plan SP-2" "Details D-I" "Photometric Plan PH-I" "Floor
Plans A-l.O" "Floor Plans A-I.I" "Floor Plans A-l.2" "Floor Plans A-I.3" "Roof Plan A-IA"
"Exterior Elevations A-2.0" "Cover Sheet C-O""Paving, Grading & Drainage C-l" "Paving,
Grading & Drainage C-2" "General Notes & Details C-3" "Water Plan C-4" "Water Plan C-5"
"Water General Notes & Details C-6" "Sewer Plan C-7" "Sewer Plan C-8" "Sewer General Notes
& Details C-9" and plans entitled "Planting Plan L-l" "Existing Tree Plan L-2" prepared by Dave
Bodker, Landscape Architecture/Planning Inc. stamped revised 10-05-07, consisting of 2 sheets.
Plans may be modified at public hearing.
(3) 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 (ii) a ten foot (10')
utility easement for the underground of utilities (the "Utility Easement"). The plot plan shall show
the type and size of plant materials, which shall be in compliance with the City's Code.
(4)
That the Applicant shall submit a Declaration of Restrictive Covenants (the "Declaration") in
recordable form, in accordance with the Code of the City of Sunny Isles Beach, acceptable to the
City, prior to the issuance of a building permit. The Declaration shall proffer the Utility Easement
over, across, under and through the front of the property. The Declaration of Restrictive Covenants
shall specify that the proffered easement, in perpetuity.
.
(5) 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).
(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 the Applicant shall submit plans for the construction of an appropriate barrier between the
construction site and adjoining properties in order to minimize the impact of the construction site.
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.
(8) 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.
.
5
21
Oceanika Townhomes
(9) That in the event of multiple ownership, a master hOl;neowner'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.
(lO) 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.
(I I) The Applicant has agreed to address or resolve all of the City's traffic engineering comments prior
to the issuance of a building permit.
Conditions to be completed before any Certificate of Occupancy is issued
(I) That the Applicant demonstra~es 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 to the City.
(4) Pursuant to Section 267-5 of the Code of Sunny Isles Beach, at the time of submission of any
application or thereafter, it is required that an escrow account be established, from which
withdrawals shall be made to reimburse the City for the cost of professional review services, if any.
The Applicant shall then provide funds to the City for deposit into such account in an amount to be
determined by the City Manager, based on his/her evaluation of the nature and complexity of the
application. The Applicant shall be provided with copies of any City voucher for such services as
they are submitted to the City. When the balance in such escrow is reduced to one-third (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.
6
22
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.
Oceanika Townhomes
(5) That Applicant shall furnish payment and performance bond in an amount determined by the
Building Official to ensure Applicant's performance of public improvements required pursuant to
site plan approval and in accordance with recommendations of the Building Official after review of
construction plans submitted based on development approval granted herein. Any such bond shall
be issued by a surety having a minimum rating of A-I in the Best's Key Rating Guide,
Property/Casualty Edition, shall be subject to the approval of the City, and shall provide that "this
bond may not be cancelled or allowed to lapse until 30 days after receipt by the City, by certified
mail, return receipt requested, of written notice from the issuer of the bond of intent to cancel or not
to renew". As improvements are made the City, within its discretion, may reduce or eliminate the
bond amount. These rights reserved by the City with respect to any construction bond established
pursuant to this section are in addition to all other rights and remedies the City may have under this
Resolution, in law or in equity.
(6) That all overhead utilities adjacent t() 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. The Applicant shall coordinate with the City
Manager on this issue.
(8) 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.
Other Conditions:
(1) That the Applicant shall obtain a Certificate of Occupancy and a Certificate of Use from the City
upon compliance with all terms and conditions. The Certificate of Occupancy and Certificate of
Use shall be subject to cancellation upon violation of any of the conditions.
(2) That the approved site plan shall remain valid for a period of 24-months from the date of approval.
If no building permit is issued within the 24-month time period, the site plan shall be considered
null and void and of no force and effect. Developer may request extension in accordance with Code
Section 265-3(b) (6).
(3) That the Applicant shall comply with all City Ordinances applicable to development and permit
approvals.
7
23
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.
FROMBERG, PERLOW & KORNIK, P .A.
Attorne~s at Law
18901 N.E. 29 Ave., Suite 100
Aventura, Florida 33180
Jeffrey M. Perlow
Telephone (305) 933-2000
Telefax: (305) 936-0101
October 9, 2007
AMENDED THIRD AMENDED AND RESTATED LETTER OF INTENT
Planning and Zoning
City of Sunny Isles Beach
18070 Col/ins Avenue
Sunny Isles Beach, Florida 33160
Re: Application for Site Plan Approval
Townhome Development to be known as OCEANIKA ("Project")
18915, 16925, 18955, 18965, 18985, 19001, 19025, 19035 Atlantic Boulevard, Sunny Isles
Beach, Florida ("Property")
Dear Sir or Madam:
This Amended Third Amended and Restated Letter of Intent replaces in its entirety the Third
Amended and Restated Letter of Intent dated October 8, 2007, and further amends and restates that certain
Letter of Intent concerning the Property dated June 25, 2007, that certain Amended and Restated Letter of
Intent dated August 8,2007, and that certain Second Amended and Restated Letter of Intent dated September
11,2007 ("Second Amended LOI"), and is being submitted on behalf of Oceanic Development, LLC, a Florida
limited liability company (the "Owner"). The Owner intends to build 20 new townhome units on the Property.
Simultaneously with the Second Amended LOI, Owner submitted a revised Public Hearing Application
("Application") constituting the "supplemental disclosure of Interest" as required under the section of the
Application appearing on pages 14 and 15 thereof concerning Contracts of Purchase, as the Owner, at the
initial time of filing the Application was under contract to purchase the Property from Beachwalk Properties,
LLC. The closing on the sale and purchase took place on August 29, 2007. A copy of the Warranty Deed
conveying title of the Property is attached to the Second Amended LOI as Exhibit "A."
The Property is zoned R-TH. Moderate Density Townhome Residential, pursuant to ~ 265.32 of the
Sunny Isles Beach Code ("Code"). Owner intends to request the City of Sunny Isles Beach ("City") to enact a
Resolution:
Abandoning the west 10' of the utility easement located within the previously vacated
alley/right of way ("Right of Way") located adjacent to the Property;
? Releasing any and all of the City's interest in and to the 5' utility e3~ement created in that
certain Declaration of Restrictions dated August 11. 1948, recorded in Deed Book 3049,
Page 139, of the Public Record of Miami-Dade County, Florida ("Public Records"), a copy of
which is attached to the Second Amended LOI as Exhibit "B";
3. Releasing the restrictions contained in that certain Agreement dated October 6, 1950,
recorded in Deed Book 3356, Page 449 of the Public Records requiring that the
improvements to the property described therein be limited to a duplex for no more than two
families and terminating the Agreement, a copy of which is attached to the Second Amended
LOI as Exhibit "C'"; and
24
.
Planning and Zoning
City of Sunny Isles Beach
October 9, 2007
Page Two
4. Releasing the restriction contained in that certain Agreement dated August 30, 1954,
recorded in Deed Book 3972, Page 328 of the Public Records requiring that the
improvements to the property described therein be limited to a duplex and terminating the
Agreement, a copy of which is attached to the Second Amended LOI as Exhibit "0".
The total acreage of the Property is 1.55 acres with a total number of square feet of 67,337. The
request is consistent with the City's Comprehensive Plan Land Use Element and the corresponding Low to
Medium Density Residential Land use category which perm its up to 13 townhome units per acres as provided
in S 265-32(A) of the Code. Section 265-32(B)(4) of the Code, Permitted Uses, allows townhouse dwellings of
three or more attached dwellings with multiple ownerships.
The Project will consist of four buildings. with five units in each building. Consequently, there will be
eight end units and twelve interior units. None of the buildings or units will exceed the 45' height limitation.
The current plans provide for each unit to have a roof terrace. Each unit will have its own driveway leading to
Atlantic Boulevard and a pedestrian entrance through a landscaped yard accessed through security gates with
a code access system. It is proposed that there will be individual garbage pick ups along the street. The
proposed architectural style is Mediterranean, with defined volumes and generous glazing, resulting in an
improvement to the urban environment. The units will be conveyed by the Owner in fee simple to the ultimate
purchasers of the units. The foregoing is consistent with the intent of the district as it provides an increased
variety of housing types while maintaining the residential neighborhood character of existing districts
consistent with the Comprehensive Plan policy of promoting and sustaining the formation of an "urban village."
Florida Power & Light ("FPL") has an existing easement over the Right of Way. By letter dated August
6,2007, a copy of which is attached to the Second Amended LOI as Exhibit "0," FPL agreed to release the
existing easement the Right of Way if the Owner provided an exclusive 10' FPl easement at the front of the
Property at Owner's expense for location of underground facilities. The 10' easement is located on the Site
Plan submitted for approval herewith. FPL subsequently amended said letter by replacing it with a new letter
dated August 6,2007, whereby FPL agreed to release the existing easement if the Owner provides a 10'
easement at the front of the Property at Owner's expense for location of underground facilities. but said
easement does not need to be exclusive. A copy of said amended letter from FPL is at1ached hereto and
made a part hereof as Exhibit "A." .
As the Project compiles with the cited sections of the Code, no variances are required, and the Project
will replace existing duplexes on the subject property and enhance the neighborhood, the Owner respectfully
requests that the site plan be approved.
Should you have any questions or require any additional information. please do not hesitate to contact
the undersigned.
Very truly l'ours.
~~.~~
----
At1achm ent
.
25
,
~~',:~~ ~,;U!: ~ ~i
PUBLIC HEARING APPUCATIO N
e:
'.
t'
) ,rt- ,
.~ i
\ .. ~
Hearing #
Dare Received /
Folio Number
PLANNING & ZONING DEPT.
.". . (- ..
Name of Applicant Oceanic Development, LLC
a. ,I' appli..:anl is lhe owner. give name exadly as recurded (lJ1 deed
b. II applicant is lessee. anach cupy of v~lid lease IJf one (II year or more and Owners
Sworn-III-CI Insenr.
C. If ;Ipplicant is a corporalion. par1nership. limited partnership. or trustee. a separale
Disclosure (If Interest form must be completed.
rvlailingAddress 608 S.W. 4th Avenue
City Fort Lauderdale
State
Florida
Zip 33315
Tel. # (during working hours) 954-522-2438
Other
.,
Name of Property Owner Same as applicant
J. Mailing Address
City State
Zip
Tel. # (during working hours) same
Other
4. Comact Person Giancarlo Cuffia
Mailing Address same as applicant
Cily State
Zip
Tel. # (during working hours) same
Other
S. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE
APPLICA TION
a if subdividctJ. provide lot. block. complete name of subdl\ision. pial book and page number.
b. If metes and bounds de~cripti(ln, provide cnmpkle legal description (including section.
township and range).
c. if separate request apply 10 different area.~. prn\'ldt: rhe kg.1i dt'scriplilJl1 of each area covered
oy a scparale reyuesl
d. attach a separate. lyped sheer if nlKeSsary. Venfy [he legal descnption is coneel.
See Attached.
.
Cily nf Sunny Isles Beach
2
Pl:Jl111ing and Zoning Department
26
.
.
.
o
OCEANIC DIVllOrMENT, llC.
City of Sunny Isles Beach
Planning & Zoning Division
18070 Collins Avenue.
Sunn)' isles Beach, Florida 33160
Re: T ownHome Development
18915,18925,18955,18965,18985,19001,19025, 19035 Atlanlic Boulevard
Sunny Isles Beach, Florida
legal Description:
Lots 2 & 3, Block 3, OCEAN BOULEVARD ESTA TES, SECTION "A", according fa the
plot thereolos recorded in Plot Book 48, Poge 3~, together with the West !-7 01 the
vacated olley, lying Eost 01 ond od;acent to said Lots 2 & 3, and Lots 4, 5, 6, 7, 8,
& 9, Bloclc 3, GOLDEN SHORES, OCEAN BOULEVARD ESTATES, SECTION "B",
according to the plot thereol os recorded in Plat Boolc 51 at Page 75, all lying West
01 the West right of way line of as shown on the State Rood Right of Way Mop 01
Stofe Rood #856, Section No. 87073-2509, GOLDEN SHORES, OCEAN
BOULEVARD ESTATES, SECTION "C", according to the plot thereof os recorded in
Plot Book 5 7 at Page 93, 011 of the Public Records of Miami. Dade County, Florida.
Folio Numbers:
3722020070090,3122020070700, 3722020080010, 3722020080020,
3722020080030,3122020080040, 3722020080050, 3722020080060
Should you hove any questions, do not hesitale 10 conlact Ihis office.
Sincerely,
Oceanic Developmenl, LlC
(, II ~ \).. I '" \ I :-... I I . I ( 'h I. ) .. 1 : I r ~', , i J I) ( t-, J I ,.\ . -,' l, ) "
'II, " I ""
_:, () . I
, h.
27
,
6
Address or locat 1011 of :->uf-" CL"I propert:-. 18915, 18925, 18955, 1896 5. 18985 , 1900] I I 9025 , 1 9035
Atlantic Blvd., Sunny Isles Beach, Florida 33160
*SilcofpropertY:-1l0.0f2 It x 616.24 ft acrc.~ 1.55
7
.
8
Date subject proper I Y JcqlJlrl'CJ er ktl;cd
29
dJ)' of August. 2007
term of lease
yeJrs/mOT1lh".
9. Does property owner own conliguow, property to the subject propert)') If so. give
complete legal description of entire contiguous property. (If lengthy. please type on a
sheet labeled "Contiguous Property".
.*Subject to possible enlargement by purchase of contiguous vacated alleyway
from the City which would increase total number of square feet to 73,498 and
1.68 acres
10. Is there an option to purchase or Jeuse the subject propCl1y or properly
contiguous thereto?
Yes or No See f19; under negotiation with City.
If yes. who are the potential purchasers or les~ees) (Complete section of Disclosure of Interest
form also).
Owner
II"
Present zoning classification (s): R-TH
12.
REQUEST (S) COVERED UNDER THIS APPLICA TlON:
.
Please check the appropriate box and give a brief descripliol1 of the nature of the
request in the space provided.
Comprehensive Plan Amendment.
District Boundary Change (s)
** Sile Plan Approval. 20 Town Homes
Conditional use
Variance
Pial Approval
Transfer Development RighlS
Vested Rights
Appeals
Olher.
I}.
Has a public hearing been held on this property within tht last ytar and a half~
yes
,;(;
t.
(f yes, applicanls name
Dale of hearing
Nature of hearing
Decision of hearing
Rewlurion #
..
Clt)' of Sunny (Sles Beach
,
J
PlannIng and Zoning Depal1ll1enl
28
,
.
.
.
1-1
[~ Ihl~ he:lrIng being reqlll'stcd a'i ~ rC~lIlt of \'Iubtlon notice?
II ye." give nal1ll:' 10 Whll'h vlohlion Ilotice wa,'i'i~r\'eJ
ve s (i29'
Nature of violation
15.
.:\re there any existing structures on the properly')
If yes, brielly describe Duplex
&
no
16.
City nf Sunny Isks Beach
~
Is (here any existing use nn the property'? ~~. no
If yes. what is the use and when was it established') Use Rental Duplex
Established
29
Planning and Zoning Department
..
\.,.
.
-----,
~
1.___ ' being first duly sworn. d se and say that I am
the owner tenant of the property desCTlhed and which IS [he subject m r of the proposed hearing;
maner attached (0 and made a pan of the applicalion are honest and t 0 the best of my knowledge and
belief. I understand this application muq be complete and curate before the application can be
submitted and the hearing advertised. /
/
/'
QW!\'EH. OR TENANT AFFlDA VIT
Sworn to and subscribed to before
this_day of
Signature
Notary Public
Commission Expires
..... ............... ......... ............. ... ....... ....... ....... .................................................... ... .................... ............. ..... i. ;..........~~ .";.......~,,.i .......... i.; ~ .......... ...............
l-S
/' . CORPORATION AFFIDAVIT ~A,Jq(9~
We, L QVAfl 0'\1 (0 C u ff~ '- . being first dult:wom. depose jlnd say that ~ tie-
IIJC the FR!siae"t Vis. PAiiQtlflt 8"~ Sef[~ur;' '\.J;&1. 5eer8&,ary~th~ aforesaid "QI~~'lHiQn and as
such. have been authorized by the e8~~(1R to file this application for public hearing; that all answers
to the questions in said application and all sketches. data and other supplemental)' maller attached to and
made a part of this lJoPplicaLioJ] are honest and true to the best of our Knot't1e e and t1:i f' that i
corporation is the Owner of the property described herein and w~ s 1 e s ~ec tier t e
proposed hearing. We understand this application must be complete am{aL.( nlte" ore e po!' a on
can be submitted and the hearing advenised. / / . / .
VIN I
mt\. NaIIry ..... ... III FbtdI
{. ~~jMr Como.' . .!IpM Jwl23. 2010
~ Z#..~ CclnINIIIIn . DO 557497
-"~.,, or ,,,~..4i 11__........ ............ N ..
(Corp. Seal) '......... ....._ .., _.... 0..1')' .
Sworn to and subscriby-p ~fore me
this!L day of ,~ :2007
'-, ~ // /
". ......c. _.__./_ _.-
......... .. .. .. .. .... ........ .... .. .. .. .. .. .. .. .. . .. .. .. .. .. .... .... .. .. .. .... ........ .. .............. ...... .... .. .. .. .... . .. 4 . .. .. .. . .. .. .. _ .. ~ . .. ...... .. .... .. .... "" ...... """ .. ........ ................ .... .. ........ . .. ,,-. .. . .. .. ..,. . . .. . . .. . . .. . ...... .. ..... .. ~ ~... ... ... . .. . ... . . . . _ ...
PARTNERSHIP AFFlDA VIT"' /
We, the undersigned. being first duly sworn depose and say thaI we are ,partrers of the hereinafter named
pannership and as such. have been authorized 10 file thiS application for a.public hearing; that all answers
10 the questions in said application and all sketches. data and olher suppfementary mailer allached to and
made a part of this application are honest and true to the best of gJJr knowledge and belief; that said
partnership is the owner tenant of the propeny described t1ertin. which is the subject mailer of the
proposed hearing. We undersland this application must be -complete and accurate before the application
can be submined and hearing advertised. -'
/
%
o/c
By
B)
(Name of Pannership)
o/c:
o/c
By
By
Sworn 10 and subscribed (0 before me
[his day of
Nlllarl'l'uoill
CommiSSion E),[wt,__________
.. -........ - -.................. ~............. - -...........................
..................-.................-..............-........-...-................
. ......... ... .... .., ,,/. ./:...".. -....., '" ..., .".... ,... -..... ....... - .... . , - ... .. . " - ... ,- - . .... ..... .. -- - .... - -- - .. - .. . -. ................. - --.. - . .. - " . -
.
ellV 01 Sllllfl\' Isle~ BeiJell
~_.~~-----..-__:...__.a:..__~~
I'L!JlrIIJI~ ;JIId I(Jlilll!:, Dt'll,trlllll'lll
30
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U!\IJTED I'-\RTNERSHII' .\FFII>.\ \ IT
w~. Illl' lIndaslgned. being lil'l cJlIl~ swom dcro~e and~ay [hill lIt' ale r;]nlll'l~ f [he hereinarrt'r named
nllleU partnerslllp and as sUch. hale' heen ClUlhvlll.l:J 10 rile IhlS Jrrllcallun Jr a public hearing: [hat all
nswers to the que~l1ons in s;lId Jppllcatlon and all sketche<.. data and olher~rpklnentary malleI attached to
and made a part of th is applll' ,1l1011 are honest and tnle to the best or Ilr kno'\kdgc and bel ief: that sa id
limited partnership is the 0\.\ nel tenant of the property described rcin. which IS the subject matter of the
proposed hearing We undnsland this application must be com Ie and accurate before the application call
be submitted and hearing advertised,
/
/
/
B)' s? "t:'
By Ok. // By
Sworn (0 and subscribed lo before me /
this day of '7
/
................................................... ./...............,............................................................... ......... ....................... ...
/
/
./
(Name of Limited Partnership.l
%
%
Notary PubliC
Commission Expires
TRUST AFFIDA VIT
I. ,/. being first duly swom. depose and say that I am the trustee for
thepropeny described <J.ri'd wh iell is th~ subject matter of the proposed hearing: that all answers to the
questions in this appli~ion and all sketch data and other supplementary matter attached to and made a part of
the application are I).d'nest and true to the besl of my knowledge and belief. I understand this application must
be complete and 1}icurate before the application can be submitted and the hearing advertised.
/
./
/
Anm t~nd subscribed to before me
~' / day of "~
/' ---------
~"-----
"'/
Signature
Notary Public
Commission E,'pires
:\ TTOR~EY AFFlDA VIT
I. Jeffrey M. Perlow . being flfSI duly sworn. depose and say that I am a State of Florida
Altorney At Law and I am the Attorney for the Owner of [he property described and which is the subject
proposed hearing; thaI all answers to the questIons in this application and all sketch data and other suppleinen y mailer
anached 10 and made a part of the application are hunesl and true 10 the best 01 my km'",kdge a beli' understand
this appl icalion musl be complete and accurate bdllre the application ~aJ!dtJ~ s~ "," ~ flng ad nised.
'." . ,/. .~, - \ '
// /'
,
S worn to and subscribed to befflrt' Hle
this 1/ day of ~LyLr
.'." \
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'--I . [//
..~).;. - (-.
I
Notarv Public
Commission Expirc~'
...............................................- ..--...............................................,..............................................................................
.
City of Sunny Isles Beach
h
Planning and Zoning Depanmenl
31
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()\Y:\EK"lHIP :\FFlDA VIT
F()~ CORr()KATIO~ LIMITED LIABILI'i'Y COMPANY
STI\TE OF FLORIDA ___ Puhlll' Hcarll1g No
COUNTY OF XIA."11 DADE
Before me, the underslgllcd <JutI10f\ty. jlcr<;ol1ally Jrpe:Hed GianCarlo Cuffia
hereinafter the Affiant h). \\i!l) heing liN duly <;\\0111 by me. on o"th, <.kpo:--cs and says
I. Affiam is the presidcllt. vice-president or CEO 01" the Oceanic Development, LLC
company
a Florida limi ted 1 iabili tv eorptmltinn. with the following address:
.608 SW 4th Avenue, Fort Lauderdale, Florida 33315
Limited Liability Company .
2. The tOlpOlatJOlrOWIlS the properly. \vhich is lhe subject althe proposed hearing.
3. The subject property is legally described as:
.See Attached
4. Affiant is legally authorized to file this application for public hearing:
5. Affiant understands this affidavit is subject to the penalties o(I~'t for pert";' and the
possibility 9f..votd. ~ . , zoning granled at public he~it-~. " ,/" "
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esse . / ---/ .J /1/ ,I:,
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,/', '--, L- n 1") , ..~ ..........."" (I
/ / Print Nanie
: / )-",;" J to: ~l'
· '/ S igna\ure
~~t.'I' ,,/{ ~/. "2:C7-.'.~_..,.I...
Priht Name
/~
,/
Sworn to and subscribed beforefTlc on the!lday of
Affi~ is personally known to me or has produced
Iden~c~(J(J.I1__ '
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VII
...., NIle . .. rI R:IrldC umss IOn
C4lmmIIIIon Expne JurI 23. 2010
ComnVaIIon , DO 557497 /
Bonded By National NoIltry Aun, 'I
.
City of Sunny Isles Beach
x
Planning and Zoning Oepanlllcnl
')0
'JL
RESP01\SIBILlTIES OF THE APPUC.-\:\T
.
PLEASE READ C:\R EFl' LL Y 13EFORE S Ie:\' I t\Ci
I hereby acknowledge that [ am aware that the Depal1rncm Llf Environmenr:.J1 Resources
Management (DERM) and the Miami-Dade County Fire Depal1ment (MDFD) will review and
comment Oil all development application~. These comments sometImes incluJe reyuiremems for
an additional public hearing nefore DERM Environmental Quallly Control Hoard. (EQCB) the
preparation and execution of agreements to 11m with the land. which :.Ire 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. DER1V( 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 [ am responsible for ubtaining the required pem1it, all
required inspections, the Cenificate of Use and Occupancy or Certificate of Completion for any
and all structures and additions whether proposed or existing without pemlits. Additionally I am
aware a Certificate of Use and Occupaucy 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. 1/
/ -- I'-/,
Fees.: I understand t~at the hearing fees paid at,the time Of..f..i..li~. 'n.l.a.y nOI_b~,.t ~;'to.tal ~ost of ~he
hear~ng .and that I wIll be adVised of any other tees that c~[lble'asso5~~d ttile public hearrng
application. (... /,' " /
. .1 i. ~
" ~ ..:/
, .' i '
,
Giancarlo Cuffia~,
Prinr Name
/~
I'
/
Notary: ~~roi-n to and SlJbsc~~~(~re me th~s",. .
/ ~day of V L~,r '" .' ji- ~, /
I ) . f- ../ ~ )
" . N~)~)!:.~bf;~.:~~;~f FI(;rida' /
My con'1~ expires
~.
.,,::..., JE VIN
""[11':"" ~".;:"" Notary NIle. .. of FbIdI
r: . 0: ". ~My CommilllDn EI;IIla Jul2J. 2010
':::.: ...:.>:/ Commislloft . DO 557497
,.,,,~..:.,, Bonded By NdonIl NatIry AJIn.
.-.......
.
Ciry of SUMY Isles Beach
12
PIJnnll1g alld ZOlling Department
33
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DISCLOSLRE OF INTEREST
. . .. ~imited liability Company
I( the prupcny \\llll:h IS lhe subJecl oj rhe applll';jlIOn IS owned Mt k....'v,H,y J CORPOR7\~. .
lisl the pnnclp:r! slockholders ::md prtllcipal officers or Slnckholdas C(m~iSl of anolher
corporation (sJ. trustee (S), partnership ('\) or other similar entilies. further di-.c1osuresshaJI be
required which disclosures the Idenlity of [he Individual (s) (naturJI persolls ha\mg the UJrinwlc
ownership interest In the aforementioned enlllv).
Oceanic Development, LLC
Corporation Name
Name. Address and Offi<.:c
Membership Interests
Percentage of Stock
Giancarlo Cuffia
608 SW 4th Avenue
100%
Fort Lauderdale. Florida
33315
LLrht' property. which is the ~;l:Ibi~cl of Ihe appJirmion. is owned or leased by a TRUSTEE. list
the beneficiaries of the trust and the percentage of interesl held by each. {Note: -- here the
beneficiary (s) consist of corporation (s), another trust (s). partnership (s) or ther similar
entities. further disclosure shall be required which disclosures the identity of e individual (5).
(natural persons) having the ultimate ownership inleresl in the aforementi ed entity}.
.//'
/"
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/
/
,/
./
./
Trust Name
/
Name and Address
/
,/'
Percentage of Interesl
If the property. which is the subject of the application. is owned or lease hy a
PAR..I\TERTSHIP or LIMITED PARTNERSIflP. list the principals of the partnership.
including general a~?} i!niJedpar.tfler~... fNute:-where- ttlet}{fter-simtlarenrities, further
....~.- -- ~--_.. - --'
Cily of Sunny blcs Beach
1:\
PI<Jllllillg and ZOlllllg Dep:lI1rnenl
34
.
For Jny 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 III the application to the best of my
knowledge and belief. !
i
/}
." f: "...' j:~ ! if _
I J' I.., ... ,1 .:J
Signature' ''-.. ..:>.j i) '';-'''''---1
',.: I ..... ::;,r I !
tf \. - ... . ./ ". ,,.
(Applicant) <~~01if0J (lJjftlft .
'j!
.I
Sworn to and subscribed before me,
This / /
day of Sep Ie,." heJC.
I
,200 7
Notary
(Seal)
.
M C ~ . . E .
Y ommlSSlon xplres:
:.. I' ............. II .........,...............
: M. ELENA Del CAMPluo :
i .~ CorrmI ~)00a3 i
: I ~ . E-. 7/tCW2D10 :
~..$ ~ bded by (800)432~ i
~ "I"~l~'\\~ Flonds Notary Assn Inc :
iIlI.r "I "'" ...,. ,".., "............ I: .. '"
* 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, [he
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 59'0 of the
owner':hip intere~t in the limited partnership.
ty of Sunny Islcs Beach
-. - -
~ I'll
14
Planning and Zoning Department
35
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8
I=J:)L
18455 NE 2"" Avenue. Miami. FI 33179 FlOrida Power & Llghl Company
August 6, 2007
Mike Stroh
TRIO
DESIGN CONSULTANTS
]7100 Collins Ave. Suite 224
Sunny Isles Beach, Florida 33160
T. 305.940.0555
F.866.295.3579
Ref: OCEANIKA
Dear Mr. Stroh
Please be advised that FPL will be willing to underground the over head facilities located
rear of your property in the alley at the customers cost to the front of the property. I will
need a 10ft easement located in the front of property where the new underground facilities
will be located. Once the new easement is received, FPL will release the existing
easement.
Please call me at (305) 770-7915 if you have any other questions or concerns.
Sincerely,
~/l/t(l',fl ~~()A"//
Customer Project Manager
An FPl. e'l'lJl' C"n'I';;f1Y
36
.
Prepared by and return to
Brian E. Port
Attorney at Law
Fromberg, Perlow & Kornik, P.A.
1890] N.E. 29 Ave. Suite 100
Aventura, FL 33180
305-933-2000
File Number: 8082.030
Will Call No.:
[Space Above This Line For Rewrdmg Data]
Warranty Deed
This Warranty Deed made this )... q day of August, 2007 between Beachwalk Properties, L.L.C., a Florida limited
liability company whose post office address is ]8901 NE 29 Ave., Suite 100, Aventura, FL 33]80, grantor, and Oceanic
Development, LLC, a Florida limited liability company whose post office address is 608 SW 4 Ave., Fort Lauderdale,
FL 33315, grantee:
(Whenever used herein lhe terms "grantor" and "grantee" include all the panies 10 lhls instrument and lhe heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NOli 00 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Miami-Dade County, Florida to-wit:
. See Exhibit A attached hereto and made a part hereof
Parcel Identification Number:
Subject to taxes for 2007 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, if an)'.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appenain jng.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend [he same against the lawful claims of all persollS whomsoever; and thai said land is free of all
encumbrances, except taxes accruing subsequent toDecember 3], 2006.
I n Witness Whereof, grantor has hereunto set grantor's hand and seal the day and YC3r first above written.
.
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DoubleTime€
37
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Signed, sea led and delivered in our presence:
Beachwalk Properties, LLC.
'A 'I
1 .
" ':2 I /...-, ~ ..:< IPI"L.- '----
Witness Name: 5',;';:h''',': (/7](",/'-
~~
Witness Name: OCL\~ f=b ru--
State of Florida
County of Miami-Dade
The foregoing instrument was acknowledged before me this Z- of day of August, 2007 by Suzanne Spiliotis, Manager on
behalf of Beachwalk Properties, LLC.. He/she (X] is personally known to me or U has produced a driver's license as
ident i ficati on.
[Notary Seal]
//i~k~,-_4t~ ___
Notary Public
Printed Name:
My Commission Expires:
...~.~~i~;-'.:~,_, . SUSAN S. COHEN
f ' ~ ' OU RY PfJ!)uc . STA TE OF FLORIDA
~ .. ~/ Cf)M~-A. ISS/ON' 00559978
".~ .,.~. . -.... n
". or ~ .' ';'" ...'....ES 7123120
......... I'" .... 10
i.)ONCE:n r~r_
, ..,~lJ I-Ne.NOTARYl
38
DoubleTim~
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EXHIBIT A
Lot 2, Block 3, Ocean Boulevard Esta!e5 Section "A", according to the plat thereof as recorded in Plat Book
41, Page(s) 39, of the Public Records of Miami-Dadc County. Florida.
I...ot 3, Block 3, Ocean Boulevard Estates Section "A", according to the plat thereof as recorded in Plat Book
41, Page(s) 39, of the Public Records of Miami-Dade County, florida.
Lot 4, Block. 3, Golden Shores Ocean Boulevard Estates Section "B", according to the plat thereof as recorded
in Plat Book SI, Pagc(s) 1', of the Public Re<:ords of Miami-Dade County, Florida.
Lot 5, Block 3, Golden Shores OcUlI Boulevard Es1ate. Section "B", ICCOrding to the plat thereof as recorded
in Plat Book SI. Pagc(s) IS, ofrhe Public Records of Miami-Dade County, Florida.
Lot 6, Block 3, Golden Shores Ocean Boulevard Estates Sectioo "BII, Dccording to the plat thereof as ruorded
in Pial Book '1, Pagc(s) 1', ofrhe Public Records of Miami-Dade County, Florida.
~t 7, Block 3, GoJden Shore. Ocean Boulevard EstAtes Section "B",lCWrding to the pial thereof as recorded
in Plat Book S I, Pagc(s) 15, of the Public Rerords of Miami-Dade County, Florida.
Lot 8, Block 3, Golden Shores Ocean Boulevard Esbltes Section "B", according to the pili thereof 85 recorded
in Plat Book 51, Paae(s} J5, of the Public Records of Miami-Dade County, Florida.
Lot 9, Block 3, Golden Shores Ocean Boulevard Estates Section "B", aa:ordins to the plaa thereofas recorded
in Plat Book S I, Pqe(s) I S, of the Public Records of Miami-Dade County, Florida.
39
.
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Q.'l any lot w!:'r:h -r...y t..., Ill" b...,CIOo> I6Il L"ltlO)"a1!e., bJj.gtt. t'~vro CIT
n\Uu'lee t.o ~..,. ncl.gt.::>QN.oc:..i.
",. hlJr....." > C4lt. WI. rc:1ne, r,t>ah, ;>Q.llt.ry.
[UW1, o.r any ,Ttt..l' lJ l',,_.t.ClO.k .:...on Ws k~rt 00 ~ l~.
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IlblU: b9 .not ,eO, d:1~pl,jl~.<<i or :aU.llUlJI'lAd ~ my Qr UI& bad or OIl aJtY
01 ton" "nil; t IiU. 1.n tN.t . Qbci1 dIl101.. an1 eu t.be ~ OIl . a.nc: 1l:Unt.eA&llc.e
v_ .u;;h 'lan 'ot> t':':."t ..~"'"'C i.::.o.r1ti.:!j; t:r t..'l. cu.bd1rl.d....
He ~oIl,
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III hop , ..uvt~ 1t*lr1.qe ..w.nlliizlDat. tr.ller Park, ~1. 1lrlI.I, .A.Il1 t&ri_,
boop1 t4j, or jJ.;a, 111W\1tut.1Jm, ,hsU b. DOl1llt.r\lotAd or ~nt.d on asv Dt
the lata or :.aDd ill tb1a allbdivh1on.
!kl ,.. 'ICII , \IIId,,",rwl II ClIT 0 U-- Ull3 ~ u.r gt'lfWtl1l! OlJ& U be pemi t.ted
"" rv- or nM1D tIJlOll thI land. or WI wbc1h1,aioll, "1oIld QO "rale pile
l\IU~t.l,y objacU 1Ill&ll w- ...~ t.o bt. pheed or III1!'fer.d to rMi&1.n
I~n lhllrt>oDl 6:Y.i 1.l, the e ",r:t t.1l.t the e""..T ohl.ll (..11 cr- ret\lac to
her U-.. land!! t,.." of _odl, Qndo~r;.,oh c.J' n~1l p1le4 or 01.1'67 ~},,1ghtl,y
~!4' or 01>:"0\.:1, then t.(1CI ~V1ele!' ....... enter lIpCn ."td land.e and
r~v. the us. Ill. tlllr .zvellllll or \.toe ~ne!", ~cl such entry .hall not b6
do....: II tree \)~ae .
~~:oj1'1cat..100ll1
Por tho I'lU"pooo of ~:.&r'LT1:>e tho c'onloplr'nt of UUI ~bd1T1a:'on Ii.
an are" of h1.;b I ~~A1'I1" the lub<I1 Ttder r-lleel"TI" tht! riCht. L'Id P"".l' to
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RESOLUTION NO. 07-Z-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE
ZONING APPLICATION SUBMITTED BY OCEANIC DEVELOPMENT,
LLC (THE "APPLICANT"), (Z2007-01 (a)), PURSUANT TO SECTION
265-18 OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY
OF SUNNY ISLES BEACH ("LDR's"), AND PURSUANT TO SECTION
265-32 ZONED RT-H, MODERATE DENSITY TOWNHOME
RESIDENTIAL, THE DEVELOPMENT OF "OCEANIKA", A 20-UNITS
TOWNHOUSE PROJECT, APPLICANT AGREES TO RELEASE 10
FEET EASEMENT TO FP&L IN THE FRONT OF PROPERTY FOR
UNDERGROUND FACILITIES, SUBJECT TO CERTAIN CONDITIONS;
AND PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
I.
RECITALS.
WHEREAS, on July 2, 2007, OCEANIC DEVELOPMENT, LLC, (the "Applicant")
submitted an application to the City of Sunny Isles Beach, Florida ("the Application") (Z2007-0 1
(a)), requesting the following:
1) Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting site plan approval for a 20-unit townhouse development consisting
of four buildings each containing five units.
2) Release of Declaration of Restriction recorded on Official Record Book (ORB) 3049 Page
139 dated August II, 1948, only as it applies to the subject property.
3) Release of Agreement recorded on ORB 3356 Page 449 dated November 3, 1950, only as it
applies to subject property.
4) Release of Declaration of Restriction recorded on ORB 3972 Page 328 dated August 30,
1954, only as it applies to the subject property.
5) Release of the West 10' of a vacated alley approved by the City of Sunny Isles Beach, City
Commission under Resolution No. 2003-511 passed and adopted on February 20, 2003.
The purpose of request 2 through 4 are to release certain restrictions that were placed on the
subject property which would prohibit the propose development.
Plans are on file and may be examined in the Planning and Zoning Oepartment for "Oceanic
Development, LLC." entitled "Boundary Survey" prepared by Fortin, Leavy, Skiles, Inc. dated
02-05-07, consisting of 2 sheets and plans entitled "Oceanika" prepared by Charles O.
Buckalew, P.E. consisting of 21 sheets stamped revised 10-09-07, including Cover Sheet and
plans entitled "Site Plan SP-I" "Oetailed Site Plan SP-2" "Details D-l" "Photometric Plan PH-I"
Z2007-01(a)Oceanika [DC
48
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UKAtq
"Floor Plans A-l.O" "Floor Plans A-l.l" "Floor Plans A-I.2" "Floor Plans A-I.3" "Roof Plan A-
1.4" "Exterior Elevations A-2.0" "Cover Sheet C-O" "Paving, Grading & Drainage C- I"
"Paving, Grading & Drainage C-2" "General Notes & Details C-3" "Water Plan C-4" "Water
Plan C-5" "Water General Notes & Details C-6" "Sewer Plan C-7" "Sewer Plan C-8" "Sewer
General Notes & Details C-9" and plans entitled "Planting Plan L-l" "Existing Tree Plan L-2"
prepared by Dave Bodker, Landscape Architecture/Planning Inc. stamped revised 10-05-07,
consisting of 2 sheets. Plans may be modified at public hearing.
Legal:
Lots 2 & 3, Blok 3, OCEAN BOULEVARD EST A TES, SECTION "A", according to the
plat thereof as recorded in Plat Book 48, Page 39, together with the West 12 of the
vacated alley, lying East of and adjacent to said Lots 2 & 3, and Lots 4, 5, 6, 7, 8, & 9,
Block 3, GOLDEN SHORES, OCEAN BOULEVARD ESTATES, SECTION "B",
according to the plat thereof as recorded in Plat Book 51 at Page 15, together with the
West 12 of the vacated alley, lying East of and adjacent to said Lots 4,5,6,7,8 & 9, all of
the Public Records of Miami-Dade County, Florida.
ADDRESS: 18915,18925,18955,18965,18985,19001,19025, 19035 Atlantic Boulevard
WHEREAS, on November 15, 2007, the City Commission conducted a public hearing on
the Application as modified by the Applicant; 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 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 welfare of the public, particularly as it affects the
stability and appearance of the community; and, further, found that said requests should be
granted, subject to; and
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. INCORPORA TION OF RECITALS.
Z2007-01 (a) Oceanika EDC
2
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All recitals are incorporated into the body of this Resolution as if same were fully set forth herein.
III.
APPRO V ALS.
A.
The Applicant is requesting site plan approval for a 20-unit townhouse
development consisting of four buildings each containing five units. As indicated
in the Staff Report, the site plan is consistent with the Land Development
Regulations and the Comprehensive Plan. No variances are requested in this
project. Additionally, the Applicant has requested the released of several old
covenants to permit the development on the property. Further, The Applicant is
requesting a partial release of an easement located at the rear of the property. Staff
has no objection to the partial release because the Applicant is providing the 10'
feet in the front of the property
IV. CONDITIONS
Conditions to be completed before 2rade or buildin2 permits are issued.
A. Conditions to be completed before below grade or building permits, including
foundation permits, are issued or construction of any nature is commenced.
(I) 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 Section 265-18 of the City Code; the
Applicant shall be required to obtain another approval of the City Commission.
(2) 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 for "Oceanic Development, LLC." entitled "Boundary Survey" prepared by
Fortin, Leavy, Skiles, Inc. dated 02-05-07, consisting of 2 sheets and plans entitled
"Oceanika" prepared by Charles O. Buckalew, P.E. consisting of 21 sheets stamped
revised 10-09-07, including Cover Sheet and plans entitled .'Site Plan SP-l" "Detailed Site
Plan SP-2" "Details D-I" "Photometric Plan PH-I" "Floor Plans A-l.0" "Floor Plans A-
I.!" "Floor Plans A-I.2" "Floor Plans A-I.3" "Roof Plan A-I.4" .'Exterior Elevations A-
2.0" "Cover Sheet C-O" "Paving, Grading & Drainage C-l" "Paving, Grading & Drainage
C-2" "General Notes & Oetails C-3" "Water Plan C-4" "Water Plan C-5" "Water General
Notes & Details C-6" "Sewer Plan C-7" "Sewer Plan C-8" "Sewer General Notes &
Details C-9" and plans entitled "Planting Plan L-I" "Existing Tree Plan L-2" prepared by
Dave Bodker, Landscape Architecture/Planning Inc. stamped revised 10-05-07, consisting
of2 sheets. Plans may be modified at public hearing.
.
Z2007-0 I (a) Oceanika EDC
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(3) 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 (ii) a ten foot (l0') utility easement for the underground of utilities (the
"Utility 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.
(4) That the Applicant shall submit a Declaration of Restrictive Covenants (the "Oeclaration")
in recordable form, in accordance with the. Code of the City of Sunny Isles Beach,
acceptable to the City, prior to the issuance of a building permit. The Declaration shall
proffer the Utility Easement over, across, under and through the front of the property. The
Declaration of Restrictive Covenants shall specify that the proffered easement, in
perpetuity.
(5) 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).
(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 the Applicant shall submit plans for the construction of an appropriate barrier between
the construction site and adjoining properties in order to minimize the impact of the
construction site. 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.
(8) 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.
(9) 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.
(l0) 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
Z2007-0I(a) Oceanika EDC
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UKAI".
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.
(11) The Applicant has agreed to address or resolve all of the City's traffic engineering
comments prior to the issuance of a building permit.
Conditions to be completed before any Certificate of Occupancy is issued
(1) That the Applicant demonstrates that it is in compliance with all terms and conditions
under this approval.
(2) Applicant shall pay all fees related to the review of the application described herein and
shall have paid all other fees due to the City.
(3) Pursuant to Section 267-4 of the Code of Sunny Isles Beach, the City Manager and lor
hislher 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 to the City.
(4) Pursuant to Section 267-5 of the Code of Sunny Isles Beach, at the time of submission of
any application or thereafter, it is required that an escrow account be established, from
which withdrawals shall be made to reimburse the City for the cost of professional review
services, if any. The Applicant shall then provide funds to the City for deposit into such
account in an amount to be determined by the City Manager, based on his/her evaluation of
the nature and complexity of the application. The Applicant shall be provided with copies
of any City voucher for such services as they are submitted to the City. When the balance
in such escrow is reduced to one-third (113) of its initial amount, the Applicant shall deposit
additional funds into such account to bring its balance up to the amount of the initial
deposit. If such account is not replenished within thirty-days (30) after the Applicant is
notified, in writing, of the requirements for such additional deposit, the City may suspend
its review of the application. An application shall be deemed incomplete if any amount
shall be outstanding. A building permit or Certificate of Use and Occupancy shall not be
issued unless all professional review fees charged in connection with the applicant's project
have been reimbursed to the City. Once all pertinent charges have been paid, the City shall
refund to the Applicant any funds remaining on deposit.
(5) That Applicant shall furnish payment and performance bond in an amount determined by
the Building Official to ensure Applicant's performance of public improvements required
pursuant to site plan approval and in accordance with recommendations of the Building
Official after review of construction plans submitted based on development approval
granted herein. Any such bond shall be issued by a surety having a minimum rating of A-I
in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval
of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until
30 days after receipt by the City, by certified mail, return receipt requested, of written
Z2007-0 I(a) Oceanika EDC
5
52
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UKAI' I
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 publi.c 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. The Applicant shall
coordinate with the City Manager on this issue.
(8) 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.
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. Developer may request
. extension in accordance with Code Section 265-3(b) (6).
(3) That the Applicant shall comply with all City Ordinances applicable to development and
permit approvals.
.
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 SETH FORTH IN SECTION III
HEREIN ABOVE HAVE BEEN TRANSFERRED PROFESSIONAL FEES SECTION
267 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL OTHER FEES
DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT
REGULA TIONS.
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 SUCESSORS, 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
Z2007-0/(a) Occanika EDC
6
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UKAJ1""
CONDITION IS MET, BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY
CONSENTS TO ALL THESE TERMS AND CONDITIONS.
v.
SEVERABILITY AND EFFECTIVE DATE
]. If any section, subsection, clause of provision of this Resolution is held invalid, the remainder
shall not be affected by such validity. All Resolutions or parts of resolutions in conflict herewith
shall be hereby are repealed.
2. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 15th day of November, 2007.
Z2007-01(a) Oceanika EDC
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ATTEST:
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Hans Ottinot, City Attorney
VOTE:
Mayor Norman EdeIcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
Z2007-01(a) Oceanika EDC
_yes
_yes
_yes
_yes
_yes
L>'.'rt.r I
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
By:
Norman S. Edelcup, Mayor
Moved by:
Second by:
no
_no
no
no
_no
8
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ST A TE OF FLORIDA
)
)ss:
)
COUNTY OF DADE
a-' .'f-y...' I
I, JANE A. HINES, City Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that
the above and foregoing is a true and correct copy of Resolution No. 07-Z-_ adopted by the
City Commission at its meeting held on the
day of
Issued:
Z2007-01(a) Oceanika EDC
9
56
,2007.
Jane A. Hines, CMC, City Clerk
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You are invited to attend a special program in
remembrance of the 69th year since the tragic
night that [ore:.hauowed the Holol.Oausl
KR.1,')'T.J LL''..~ (;117'-
.YfDHT OFBRt )lCE.Yt;LA,.,;'i
The Wiesbaden Synagogue
on Michelberg 51.
Circa I HHO.
The Wiesbaden
Synagogue burning
During Kristallnacht
Nov 10. I Y3H.
Keynote Speaker:
Mr. Arthur N. Teitelbaum
Assistant National Director for Regional
Operations. Anti-Defamation League
"The Lessons of Kristallnacht
for Today's World"
also on the program
The State of Israel presents the
"Righteous Among the Nations"
award
Sunday. November 4.2007.
6:30 pm
Holocaust Memorial
1933-1945 Meridian Avenue, Miami Beach
Free and open to the public. free parking
available at 19 SI. & Meridian Ave
In case of rain prol.'ram will be held at Tempk
Beth Sholom 4 J St & Chase Ave. Miami Beach
Sponsured by: Holocaust Memorial Commiucc. Greater
Miami Jewish Federation, Rabbina:al t\ssucl<1tion 01
Greater MiOlJ11i, M-DCPS Divs. Of Soci<11 Sciences, St:J!C
of Florida Dep!. uf Education. The Sue & Lcunard Mdlcr
Cenler for Conlcmporary Judaic Sludics al UM,
Consulate General of Israel in Miami, Mil.lrni-DJui.:
Counly Dcp!. of Cultural AIlalrs
IEJ...;.,..
18-J-
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CITY OF SUNNY ISLES BEACH
NOTICE OF ZONING HEARING
NOTICE IS HEREBY GIVEN thai a publiC hearing will be held by the City Commission ot the City of Sunny Isles
Beach. Flofl~a. In the CommiSSion Chambers. Sunny Isles Beach Government Cenler. 18070 Collins Avenue. Sunny
Isles Beach. Flofl~a on Thursday, November 15, 2007 It 7:30 p.m.. to consider the following Zoning applicabon'
A. Oceanic Oevelopment, UC
Location: 18915. 189Z5, 18955. 18965.18985, 19001. 19025. 19035 AlIan1ic Boulevar~
Public Hearing jt. U007.01Ia)
Summary: The Applicant IS requesting sile plan approval tor a ZO-unit townhouse development
conslsling 01 tour 14) bull~ings eseh containing tive (5) unils together with !he release 01
ce~31n Dedarabon of Restrictions
1) Pursuanl to Section 265-18 of the City 01 Sunny Isles Beach Lan~ Development
Regulallons, the Applicant is requesting a site plan approval for a ZO'unll townhouse
~evelopment consisling 01 tour (4) buildings earh containing tI,e (5) units
2) Release 01 Declarltion 01 Restrlcfion recorded on Otficlll RecOld Book (OR8) 3049
Page 139 dale~ August 11, 1948. only as it applies to the Sllb/oct plllperty.
3) Release 01 Agreement recorded on ORB 3356 Page 449 dated November 3, 1950. only
as il appties to subjoct property.
4) Release 01 DeclaratiOn of RestrictiOn rocorded on ORB 3972 Page 328 elIted August
30,1954. only as it applies 10 Ihe subject property.
5) Pa~ial release of Easement. more specifically described as the West 10' of a vacated
alley approved by the City of Sunny Isle. Beach, City Commission under Resolubon No.
Z003-S 11 passed and adopted on February 20. 2003
The purposes of requesls Z through 4 are 10 retease ee~ain restrictions ltlal were placed on the subject property
whiCh would prohibit the proposed development.
Plans are on file and may be examine~ in the Planning end Zoning Department for 'Oeeanic Oevelopment. LlC."
entilled "Boun~ary Survey"prepared by Fortin. Leavy. Skiles. Inc. daled 02.05-07, consisting of Z Sheets and
plans enllUe~ "Oceanika" prepared by Charles 0 Buckalew, P.E. consisting of ZI sIleets stamped revised 10-09-
07. mcludrng Cu,er Sheet and plans entitled "Sile Plan sp.l" "Detailed Site Plan SP.2" "Detalls 0.1"
"Photometric Plan PH-I" "floor Pians A-l.0" "Floor Plans A-l.1" "FlOOr Plans A.1.2" -FlOOr Plan.A-l.3" "Roof
Plan A.l.4" "Exterlor Elevations A.Z.O" "Cover Sheel CoO"~ -Paving. Grading & Orainage C-l. "Paving. Grading &
Drainage C.Z" "General Notes & Details C-3" "Water Plan C-4" "Water Plan C.5" "Waler General Notes & Details
C-6" "Sewer Plan c.r "Sewer Plan C-8" "Sewer General Notes & Oetails C.9" ancl plans enliiled "Planting Plan
L .1' "EXlstrng Tree Plan l.Z" prepareU by Da,e Bodker. Lan~scape Architecture/Planning Inc. stamped ravised
10.05.07. consisting olZ sheets Plans may be modified at pUblic heeling
legal
Lots Z & 3. Blok 3. OCEAN BOULEVARD ESTATES. SECTION "A". according to ll1e plat thereof as
recorded In Plat Book 48. Page 39. together wIIh ll1e West ~, ollhe vacated alley, lying Easl of and
adjacent to sala lots Z & 3. and lots 4. 5. 6. 7. B. & 9. Block 3. GOLDEN SHORES. OCEAN BOULEVARD
ESTATES. SECTION "B', according to the plat ther""f as recor~ed in Pial Book 51 II Page 15. tOfll!lher
with the West 'I, of the vacale~ alley. lying East of and adjacent 10 said lots 4.5,6.7.8 & 9. all ollhe
PublIC Records of M,.ml-Oade County. Floriell.
Size of Property: 1.55 acres
Zone: Mo~erate DenSity Townhouse (R- THI
Ail P'"'1O'" arf 1ovI1rc: 10 IpPrll .,ll11s 1rCtl~ II' be' III1.nCnltil by., .,.,1. 01111 -P'"I "*' *'" ~ ..,.....,..... lie 0, 011\. CIly 01 s..-, _ IntII.
180T(J COII",...",~~.s""'"Y Isla kact,. FD1lU.lJlfi() Trw (ll\jnl/IIR r_ hI" II ""Igpe' 1O!;.1IIII1.Ie.CIJ ~.,.....,..........,.....,o WI
.mt.... ~1 III) 1000lnQ appIia.lIau. YIp..,., IIN' cl... ~ lit .... ..-,..... ........ Igr ................,..,. ~.... III CIIr'"
AA~ lorm'V lQ"nv ~ be lDllWllllllll1N1 ""r1~~ IflCIIllIlltr 1IIlC~ ~..........., Nta: -..a ,.. IlII1f'11*111ll .,.,............... I
PUM: ~W1"V ~1l:I ttgillll ...n"rw CIty Cleft P'llif Illl/llll .~ btrt ~.o. 1nqI.Mn"""!fIr '-"'...,...... _!hi atr'.......... z".. DIrpnMnI
1l1JCl51 191.1110 "".ltl.' to IIW ht.-wlll nwllCll''''n IT'MtngM....... Jl'~lIIdIa.........,~....IIt'..CItr~.lIIIPCltl
&lTy m~nrl W1sldr.. .TIlItl\IftMl.......hWrIi 1...,..,1.... .tIIlIInl fA I'" ~trlII,IOf'~~,,,,,""ID....-r"._r-..fI"
~llinjj'" rrlIIIlf.lIINchrrllDfc ~LICltlltltlli1ltTUl)lr'Cl "'*"t.~wNl:fl ,.~ItIO"CIIIIll fNlMla_ .......~"'" or,....
tll/(xhCOf> ur "",1s.U\ 0' 01""'- w..om_. ~ ~t .....IU. .... ... n IlIIhartIt c,...... (I' ..... '*............ Itr.. ...trD'flD ~
Ill! ....,.iT..nl wtl" OIS1tllllleJ-'tt III peflllllS"""f! llI.-.:l ancl..-.o,.., IPtPII~'" tD~. _...... lite.- 01 1"-'...........,
lQ1:iI('. lIle CII, U"'lI\Itl.t JO~.rgl,1701. no lilt' ll\wl U tQ.If, prior III Iht~.. htlM; ~1lI. __ I........ TOO h 'I 3O!l.7R.IS80 Iei'
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Charles O. Buckalew
Consulting Engineering Services, Inc.
80 I S. Ocean Drive, Suite 20 I
Hollywood, Florida 33019
Phone (954) 927-0561 Mobile: 558-1189
Fax: 926-7810
November 14, 2007
Mr. Rick Conner
Engineer and Public Works Director
City of Sunny Isles
18070 Collins Avenue
Sunny Isles, Florida 33160
RE: DRAINAGE STATEMENT
For
Oceanic Townhouses
@ Atlantic Boulevard Between
N.E. 189th Terrace to N.E. 191st Terrace
Miami Dade County, Florida
Dear Mr. Conner,
The storm water run-off calculations have been performed and the
proposed development will not create flooding on the adjacent
properties nor will it exacerbate existing drainage problems on those
properties.
The existing Atlantic Boulevard presently has an existing drainage system
the ends of all of the streets and terraces. The new proposed drainage system
is basically a French Drain system located in the rear yard areas.
The on-site drainage system is a drainage system, which collects the storm
water runoff, by way of catch basins, and stonn drainage pipes and
discharges the any storm water in the ground by way of a French Drain
System, of rock type trenches,
If you have any questions, or require any information please feel free to
contact this office.
Very Truly Yours,
Charles O. Buckalew
Consulting Engineering Services, Inc.
{%/bJ.k- -i/1~ ~(~.-'
Charles O. Buckalew
President
Fla. P.E. No. 24842
~t> 1> rT to N A-1- I ~ Fo 1I(t'\A-Tt~~
Agenda Item G;, A
l\-lS-Ol
Date
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Moyor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Aitorney
Jane A. Hines
City Clerk
November 30, 2007
Jeffrey M. Perlow, Esquire
Fromberg, Perlow & Kornik, P.A.
18901 N.E. 29 Avenue, Suite 100
A ventura, Florida 33180
Re:
A Resolution of the City Commission of the City of Sunny Isles Beach,
Florida, ("City") Approving the Zoning Application Submitted by
Oceanic Development, LLC (The "Applicant"), Pursuant to Section 265-
18 of the Land Development Regulations of the City of Sunny Isles
Beach ("LDR's"), for the Development of "Oceanika", a 20-Unit
Townhouse Project; Providing for the Release of Declaration of
Restrictions; Providing for an Amendment of Resolution No. 2003-511
to Release the West 10 Feet of the Vacated Alley
Dear Mr. Perlow:
Enclosed please find a certified copy of Resolution No. 07-Z-112, adopted by the City
Commission on November 15, 2007, approving the application submitted by Oceanic
Development, LLC [Zoning Hearing Z2007-01(a)], for the property 10cated at 18915,
18925, 18955, 18965, 18985, 19001, 19025, 19035 Atlantic Boulevard, subject to
certain conditions.
Thank you.
~~
Priscilla Wa1ke~
Deputy City Clerk
Enclosures
cc: Jorge L. Vera, Assistant City Manager/Services
Clay Parker, Building Official
Robert Solera, Community Development Director
Elena Del Campillo, Planning and Zoning Technician
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Atlantic Blvd, 18915 - 19035 - Oceanic Zoning Reso Trans Ltr