HomeMy WebLinkAboutResolution Zoning 09-Z-117
RESOLUTION NO, 09-Z- _, \ ,..,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING
THE CONDITIONAL USE APPLICATION SUBMITTED BY
FORTUNE INTERNATIONAL HOSPITALITY, LLC D/B/A LE
MERIDIAN BEACH RESORT (THE" APPLICANT"), (Z2008-09), TO
PERMIT A BEACH CLUB AT 18630 COLLINS AVENUE;
PROVIDING FOR AN EFFECTIVE DATE.
I. RECIT ALS,
WHEREAS, on November 3, 2008, FORTUNE INTERNATIONAL
HOSPITALITY, LLC D/B/A LE MERIDIAN BEACH RESORT (the
"Applicant") submitted a letter of intent/application for condition use to the City of
Sunny Isles Beach, Florida ("the Application") (Z2008-09), requesting the following:
1. Pursuant to Section 265-13 of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting approval of a conditional use
to allow a private beach club on the property located at 18630 Collins A venue
LEGAL:
THE NORTH 116.66 FEET OF THE SOUTH 216.66 FEET OF TRACT
"I", MEASURED AT RIGHT ANGLES TO THE SOUTH BOUNDARY
LINE OF TRACT "I", OF AMENDED PLAT OF NORTH BISCA YNE
BEACH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 44, AT PAGE 42 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA
ADDRESS: 18630 Collins Avenue
Size of Property:
1,26 ACRES
Zone:
Neighborhood Business (MU-R)
WHEREAS, on March 19, 2009, the City Commission conducted a public hearing on the
Application; and
WHEREAS, the public hearing of the City Commission was advertised and held
as required by law, all interested parties concerned in the matter were heard, and due and proper
consideration was given to the matter and to the positive recommendation contained in the
memorandum from the Zoning Director; and
WHEREAS, notice was provided to all interested parties regarding the Application; and
WHEREAS, the City Commission reviewed the Application, and finds
substantial competent evidence to support a showing by the Applicant that the
request for conditional use approval is in compliance with the Land Development
Regulations and the Comprehensive Master Plan of the City and maintains the basic
intent and purpose of the zoning, subdivision and 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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
II. INCORPORATION OF RECITALS.
All recitals are incorporated into the body of this Resolution as if same were fully set forth herein,
III. APPROV ALS.
The conditional use application submitted by Applicant to permit the operation of a
private beach club as part of the current hotel operation is hereby approved, subject to
all of the conditions provided in Section IV of this Resolution,
IV. CONDITIONS
1. That the Applicant limit the use of the beach club to no more than 240 (two hundred and
forty) membershipsl.
2. That the Applicant provides the City with quarterly reports each year denoting the precise
number of the beach club memberships.2
3, That the Applicant ensures that the parking agreement between the Applicant and the City
of Sunny Isles Beach is in full force and effect unless the Conditional Use Application is
terminated.
FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS
DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS
SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN
FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO
REVOKE THE CONDITIONAL USE APPLCIATION, IF NECESSARY, UNTIL THAT
CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY
CONSENTS TO ALL THESE TERMS AND CONDITIONS.
I City Clerk's Note: scrivener's error/corrected 03/24/09 and reissued
2 City Clerk's Note: scrivener's error/corrected 03/24/09 and reissued
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 invalidity, All Resolutions or parts of resolutions
in conflict herewith shall be and hereby are repealed.
(2) This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 19th day of March, 2009.
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
ATTEST:
~.~~~
Jane A. Hines, CMC, City Clerk
~
Moved by: V. CA. n'\~o '(' TH~te
Second by: (1~ &~2.,tJ
VOTE: 5-0
Mayor Norman Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
--1LYes
t..-""Y e s
vyes
L;res
~es
no
_no
no
no
no
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
I, JANE A. HINES, 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. 09-Z-117 adopted by the City
Commission at its meeting held on the 19th day of March 2009.
.. .
, .
.
Issued this 23rd day of March, 2009, Reissued this 24th day of March, 2009.
- I'
'-~~~~
Jane A. Hines, CMC, City Clerk.
COUNTY OF MIAMI-DADE
)
)ss:
)
~~
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STATE OF FLORIDA
I, JANE A. HINES, Clerk of the City of Sunny Isles Beach, Florida, do hereby cenuy ulat the
above and foregoing is a true and correct copy of Resolution No. 09-Z-117 adopted by the City
Commission at its meeting held on the 19th day of March 2009.
Issued this 23rd day of March, 2009,
,-:~A~
Jane A. Hines, CMC, City Clerk .
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
George "Bud" Scholl, Commissioner
.
I
I
I
I
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 792-1565 Planning and Zoning Department
(305) 792-1710 Fax
Rick Conner, Acting City Manager
Hans Ottino!, City Attorney
Jane A, Hines, CMC, City Clerk
MEMORANDUM
The Honorable City Commission
Rick Conner, Acting City Manager
Jorge L. Vera, Assistant City Manager
Robert Solera, Community Development Director
March 19,2009
Le Meridian Hotel Conditional Use Request
RECOMMENDATION:
This resolution is presented for your consideration.
REASONS:
The Applicant is requesting a conditional use for the establishment of a Beach Club in
conjunction with an existing Apartment Hotel use on the site located on the East side of Collins
A venue, In my initial report, staff expressed concerns about the impact that the conditional use
would have on the parking at the hotel. Specifically, staff did not recommend approval unless the
parking issue has been resolved. The Applicant has addressed this issue by entering into a
parking agreement with the City. The parking agreement is a conditional of approval if the
application is approved by the City.
Funding available:
Approval:
Agenda Item No.: AN\i:.tJb.i--~ " ~ A
Commission Meeting Date: ~
Finance Department
City Manager
500 Sunny Isles Memo
Le Meridian Hotel
City of Sunny Isles Beach
Development Review Report
I. Project Summary
Application #:
Z2008-09 (Le Meridian Hotel)
Application Summary:
The Applicant is requesting approval for a conditional use for the
establishment of a beach club on site,
Applicant/Owner:
Fortune International Hospitality, LLC d/b/a Le Meridian Beach Resort
18630 Collins Avenue
Sunny Isles Beach, Florida 33160
Agent:
Judith A. Burke Esq.
c/o Shuts & Bowen LLP
1500 Miami Center
201 South Biscayne Boulevard
II. Site Information
Site Area:
1.26 Acres (55,224 sq. ft.)
Location:
18630 Collins Ave,
Land Use:
MUHDR (Mixed Use High Density / Resort)
Zoning:
MU-R (Mixed Use / Resort)/ RTH (Moderate Density Townhouse
Residential)
d" P
A Ijacent ropertIes:
Existing Use Zoning Land Use Plan
North Motel MU-R Mixed Use High
Density/Resort
East Atlantic Ocean N/A N/A
South Condominium MU-R Mixed Use High
Density/Resort
West Commercial retail B-1 Neighborhood Business
Le Meridian Hotel
III. History
The current use is an Apartment Hotel, with beach facility. The approval for the Hotel was
under Resolution 99-Z-39 passed and adopted on the 9th of December, 1999.
Legal: THE NORTH 116,66 FEET OF THE SOUTH 216,66 FEET OF TRACT "I",
MEASURED AT RIGHT ANGLES TO THE SOUTH BOUNDARY LINE OF TRACT "I",
OF AMENDED PLAT OF NORTH BISCA YNE BEACH, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 44, AT PAGE 42 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA
IV. Standards of Review for Conditional Use
Pursuant to Section 265-13 (c) of the City Code, all proposed conditional uses are required
to meet each of the following:
(1) The proposed use shall be consistent with the Comprehensive Plan.
(2) The establishment, maintenance or operation of the proposed use shall not
be detrimental to or endanger the public beach, safety, or general welfare,
(3) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use,
(4) Utilities, roadway capacity, drainage, and other necessary public facilities,
including police, fire and emergency services, shall exist at the City's
adopted levels of service, or will be available concurrent with demand as
provided for in the requirements of the LDR's.
(5) Adequate measures exist or shall be taken to provide ingress and egress to
the proposed use in a manner that minimizes traffic congestion in the public
street
(6) The establishment of the conditional use shall not impede the development
of surrounding properties for uses permitted in the zoning district.
(7) The design of the proposed use shall minimize adverse effects, including
visual impacts of the property use on adjacent property through the use of
building orientation, setbacks, buffers, landscaping and other design criteria,
V. Off-Street Parking and Loading Standards
Required Provided
Regular 304 180*
Loading N/A N/A
Handicap N/A 24 Hour Valet parking
Tandem N/A 70*
Off Site Parkin!! N/A 60**
* Parking variance approved under Resolution 99-Z-39
** Off Site Parking Agreement with the City of Sunny Isles Beach to allow parking at the
Heritage Park Parking Lot
2
Le Meridian Hotel
VI. Art in Public Places (N/A)
VII. Applicant's Request
The Applicant is requesting a conditional use to establish a beach club as part of the current
Hotel operations.
VIII. Staff Analysis
The subject property is located on the East side of Collins A venue between an existing
Condominium in the South, a Motel on the North and Commercial establishments on the
West. The property currently hosts a Hotel on the site with all approved amenities to
include an exercise room, sauna and other incidental accessories. The property is located in
the MU-R (Mixed Use Resort) Zoning District The intent of the Mixed Use Resort is to
provide for high density residential developments of multifamily dwellings and hotels with
retail goods, services, and conferences facilities.
The City Commission has approved in the past, beach club uses within the MU-R District if
adequate parking facilities existed. Staff has concerns about adequate parking at the Hotel
facility and how that will impact traffic circulation in the HoteL As such, approval is not
recommended unless adequate parking is provided for the beach club use, Indeed, the
Applicant acknowledges in its letter of intent the parking issue, The Applicant has now
addressed this issue by entering into a parking agreement with the City,
IX. Conditions
Conditions to be completed before 2rade or buildin2 permits are issued.
(1) That upon the submittal of an application for a building permit, the plans submitted shall
meet with the approval of the Planning and Zoning Administrator and shall be consistent
with the modified Site Plan approved by the City Commission, Plans shall include all the
required elements of the Site Plan pursuant to the City's Land Development Regulations and
recommendations and these conditions. Should compliance with these conditions and
recommendations result in a change that would not be considered "minor" in accordance
with Ordinance 2003-167 adopted March 20, 2003; the Applicant shall be required to obtain
another approval of the City Commission.
(2) Plans submitted for public hearing for "Fortune International Hospitality, LLCM," are on file
in the Planning and Zoning Department entitled "M", prepared by Kobi Karp Architects,
Inc., consisting of 9 sheets dated stamped revised September 18, 2002. Plans may be
modified at public hearing,
(3) Enter into a parking agreement with the City,
3
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 I 13 Fax
(305) 947-21 SO Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Gerry Goodman, Commissioner
Roslyn Brezin, Commissioner
George "Bud" Scholl, Commissioner
RECEIVED
JUN 1 7 2009
C'llJ 01 SUnny 1(\!Cl' BOIIOh
:..... _! "!! f ~. ~ .if.'; ;'_' .
Rick Conner, Acting City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
The Honorable City Commission
Rick Conner, Acting City Manager
Hans Ottinot, City Attorne~
March 16, 2009
Parking Agreement with Fortune International Hospitality LLC.
(Le Meridian)
In the zoning report regarding the conditional use application filed by Le Meridian, (the "Applicant")
staff indicated that approval was not recommended unless the parking issue is resolved. The parking
issue has been resolved between the Applicant and the City. The City has agreed to lease up to 60
spaces to the applicant at either of the parking lots located under the Lehman Causeway or Heritage
Park. The City will lease the parking spaces under the following terms:
(I) Lease 20 spaces for the first three (3) years and 40 spaces thereafter;
(2) $65.00 per space on a monthly basis for the first two (2) years of the
Agreement to increase to $85,00 per space during the third year, and the
rate will be $95.00 per space after the third year. This rate will be subject to
a 3% CPI per year;
(3) The Agreement will remam In effect as long as the Beach Club use IS
permitted on the site,
During the first two years, the City will receive a yearly lease payment of $15,600,00, The payment
will increase to $20,400,00 during the third year. Thereafter, the payment will be $68,400.00 per year
subject to a 3% CPI. For your convenience, I have attached the executed agreement between the City
and Fortune International Hospitality, LLC.
Should you have any questions, please feel free to call me.
HO/jb
cc: Fernando Amuchastegui, Assistant City Attorney
Jorge Vera, Asst City Manager/Service
Doug Haag, Asst City Manager/Finance
CITY OF SUNNY ISLES BEACH
PARKING LICENSE AGJREEMENT
This Parking License Agreement (this "Agreement") is made as of the _ day of_,
2009, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation (the
"City") and FORTUNE INTERNATIONAL HOSPITALITY, LLC, a Florida limited liability
company ("Fortune") and/or assigns,
RECIT ALS
WHEREAS, Fortune is the owner and operator of property currently developed as a resort
known as Le Meridien Sunny Isles Beach (the "Resort") located at 18683 Collins Avenue within
the City (the "Property"), as more particularly described in Exhibit "A".
WHEREAS, Fortune has applied to the City for approval of a conditional use permit (the
"Pennit") to operate a private beach club at the Resort utilizing the existing Resort amenities,
including a spa, fitness center, outdoor swimming pool, indoor restaurant, bar/lounge and
pools ide dining (the "Beach Club"),
WHEREAS, in connection with the proposed Beach Club, Fortune has approached the City
about utilizing parking spaces at the City parking facility (the "City Facility") located under the
Lehman Causeway or Heritage Park Parking Garage, as more particularly described in Exhibit
"B", for off-site parking to accommodate potential overflow from the patrons of the Beach Club,
WHEREAS, the City desires to enter into an exclusive parking license agreement with
Fortune for the use of up to sixty (60) parking spaces located within the City Facility as a
condition of the City's approval of the Pennit; and
NOW, THEREFORE, in consideration of the execution and delivery of this Agreement
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
L Recitals. The foregoing recitals are true and correct and are incorporated herein
in their entirety.
2. Use of City Facility. The City hereby lic,:mses to Fortune the right to use up to
sixty (60) parking spaces located within the City Facility to accommodate potential overflow
parking from patrons of the Beach Club. The parking spRees shall be utilized only by Fortune's
valet operator for the Resort and no self-parking will be permitted. No other use of the City
Facility by Fortune is permitted without written permission from the City. It is understood and
agreed that the spaces shall be utilized by Beach Club members and Fortune and its valet
operator shall be permitted to park vehicles at the designated parking facility with appropriate
parking passes, approved by the City.
3, License Fee. Fortune shall pay $65.00 per parking space on a monthly basis
during the first two (2) years of this Agreement, and $85.00 during the third year of this
Agreement Thereafter, Fortune shall pay $95.00 per parking space, which is adjustable on a
yearly basis by the lessor of 3% or the Consumer Price Index. The monthly license fee shall be
MIADOCS 3364234 4
3113/09
paid in advance, on or before the first day of each calendar month under this Agreement. The
Effective Date of this Agreement shall be the first day of the calendar month following the final
approval of the Permit by the Sunny Isles Beach City Commission.
4, Adiustment to Number of Parking Space~, During the first three (3) years of
this Agreement, the City shall license to Fortune the right to use twenty (20) parking spaces at
the City Facility. Thereafter, the City shall license to Fortlme the right to use an additional forty
(40) parking spaces at the City Facility.
5, Term, Unless otherwise terminated by written instrument signed by both parties,
this Agreement shall remain in effect, so long as the Permit to operate the Beach Club is cunent
and in effect, unless otherwise terminated by written instrument signed by both parties.
6, Assi!!nment. This Agreement may not be assigned by Fortune, in whole or in
part, without prior written consent of the City, which will not be unreasonably withheld or
delayed,
7, Improvements. No structures or improvements of any kind shall be placed upon
the City Facility without prior written approval of the City,
8. Maintenance. The City shall keep and maintain the parking spaces licensed
under this Agreement within the City Facility in good and clean condition, including the regular
removal of all litter and trash,
9. Indemnification. This Agreement is one of licensing of property and is not a
bailment. Fortune shall assume full responsibility for the vehicles licensed to be parked within
the City Facility under this Agreement and the contents therein, Fortune, as a material part of the
consideration to be rendered to the City under this Agreement, to the extent permitted by law,
hereby waives all claims against the City, its agents servants or employees for loss, theft or
damage to vehicles licensed to be parked within the City Facility under this Agreement and the
contents therein, To the extent permitted by law, Fortune shall indemnify, defend and hold the
City, its employees and public officials, agents, and servants harmless from, and on account of,
any damage or injury to any person, or to the property, goods, wares and merchandise of any
person, arising from the use of the City Facility by Fortune, its agents, servants, employees,
contractors, invitees or licensees.
10. AssumDtion of Risk. All property belonging to Fortune or any user of the City
Facility authorized under this Agreement shall be there at the risk of Fortune or such other
person only, Except for the deliberate or negligent act of the City or its agent or employees, the
City, its employees and public officials, and agents shall not be liable for injury to persons, or
damage to, or theft of, or misappropriation of such prope11y by any means whatsoever, Fortune
shall give prompt notice to the City in case of any such injury, damage, theft, or
misappropriation, In case any action or proceeding should be brought against the City by reason
of any obligation on Fortune's part to be performed under the tenus of this Agreement or arising
from any act or negligence of Fortune, or of its agents or c:mployees, Fortune, upon notice from
the City, shall defend the City at Fortune's expense, by c:ounsel reasonably satisfactory to the
City,
11, Compliance with Law, Fortune shall comply with all applicable state, county
and City laws and ordinances in fulfilling its responsibilities under this Agreement. The City
MIADOCS 3364234 4
3/13/09
Facility shall be used by Fortune, its employees, contractors, agents, and invitees, pursuant to
such rules and regulations, as the City shall from time to time promulgate.
12. Default. In the event of any default by either party IDlder this Agreement, the
non-defaulting party shall have the right to terminate this Agreement upon thirty (30) days
notice,
13. Attornevs Fees. In the event of any dispute arising out of or related to this
Agreement, the prevailing party shall be entitled to receive:: from the other party the reasonable
attorneys' fees, costs and disbursements and court costs incurred by the prevailing party through
the trial and all appellate levels and including any of same incurred in connection with
enforcement of judgments and other collection costs.
14. Bindinf!. The provisions of this Agreement shall be binding upon the parties
thereto and their respective successors and/or assigns,
15, Entire Agreement. This Agreement constitutes the entire agreement between the
parties and may not be changed, altered or modified except by an instrument in writing signed by
the party against whom enforcement of such change would be sought.
IN WITNESS WHEREOF, the parties hereto have ,executed this Agreement in duplicate
on the day and year first written above.
FORTUNE INTERNATIONAL HOSPITALITY,
LLC, a Florida limited liability company
By:
Fortune International Hotels, Inc" a
Florida corporation, as Manager
~~~ \/'fd J.
By:
~
Edgard'
CITY OF SUNNY ISLES BEACH
ATTEST:
By:
Norman S. Edelcup, Mayor
Jane A. Hines, City Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:
Hans Ottinot, City Attorney
MIADOCS 3364234 4
3/13/09
Exhibit "A"
The North 116.66 feet of the South 216.66 feet of Traet "I", measured at right angles to the
South boundary line of Tract "I", of AMENDED PLAT OF NORTH B1SCAYNE BEACH,
according to the Plat thereof, as recorded in Plat Book 44, at Page 42 of the Public Records of
Miami-Dade County, Florida.
MIADOCS 2896799 1
EXHIB IT S~."
State Road No.: 856
Miami-Dade County
l-'Iiami, Florida
Parking Lots 1 & 2
April ~5, ~999
Description of a parcel of land for I:.he sole purpose of leasing
this parcel of land from the Florida Department of Transportation
to the City of Sunny Isles Beach.
LEGAL DESCRIP'J:'ION
That portion of State Road No. 856 Right-of-Way lying in Section 2,
Township 52 South, Range 42 East, t-l:iami-Dade County, Florida,
bounded as follows: BOUNDED on the West by the Easterly boundary of
the Intracoastal Waterway i BOUNDED t:m t.he South by the Sout.h
Limited Access Right of Way Line of I:;. R. 856 from approximately
st.ation 572+33 to station 483+50, Centerline of Construction,
according to Construction Plans for F!:oj ect a 70~3 -3509 and 87013-
35~1, then on a 900 Angle to the North to the inside line of a S'
sidewalk, continue along this insid(~ line to the West, then
Westerly, Northwesterly and Northerly around a 101 radius return
then Northerly to the inside of a continuous shoulder gutter
starting at. approximately station 383 +20 Baseline Ramp "e", then
Easterly along said continuous shoulder gutter to approximately
station 387+48 Baseline Ramp "e" i BOUNDJ~D on the East by a type "F"
concrete curb and gutter going Northerl~, from approximately station
666+80 to approximately station 668+56 Baseline Southbound Lanes to
a 21 radius curb; BOUNDED on the North by a line 181 South of and
parallel to Baseline Ramp "A" from approximately station 187+50
Baseline Ramp "A" to approximately station 186+2.2, then follow the
retaining wall line from approximately station 186+22 to station
183+08, then go North for 27', then gel East along a line parallel
to Baseline Ramp "A" to approximately station ~83+60 Baseline Ramp
"A", then go North to the North Limited J\.ccess Right of Way Line of
S . R. 856; also bounded on the North l~y the North Limi ted Access
Right of Way Line of S .R. aS6 from a:pproximately station 183+60
Baseline Ramp "An, to the intersection l::lf the Limited Access Right
of Way line wi th the Intracoastal Wate,:cway.
Less any area actively occupied by ramps or bridge structures,
Containing 242,000 square feet, more O:t:' less.
SIB
-
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
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 792-1565 Planning and Zoning Department
(305) 792-1 71 0 Fax
Rick Conner, Acting City Manager
Hans Ottinot, City Attorney
Jane A, Hines, CMC, City Clerk
MEMORANDUM
The Honorable City Commission
Rick Conner, Acting City Manager
Jorge L. Vera, Assistant City Manager
Robert Solera, Community Development Director
March 19,2009
Le Meridian Hotel Conditional Use Request
RECOMMENDATION:
This resolution is presented for your consideration,
REASONS:
The Applicant is requesting a conditional use for the establishment of a Beach Club in
conjunction with an existing Apartment Hotel use on the site located on the East side of Collins
A venue. As indicated in the attached Report, the Beach Club use will have a negative impact on
parking, Staff does not support approval of the application unless the parking issues are resolved,
The Applicant acknowledges in its application that additional parking is needed for the Beach
Club use, which will be used by 240 Beach Club members,
Funding a\'ailable:
Approval:
~
3-rg~tJ9
Agenda Item No,:
Finance Department
Commission Meeting Date:
500 Sunny Isles Memo
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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 David p, Samson Commission Chambers, Sunny
Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on
Thursday, March 19,2009 at 6:00 p.m., to consider the following Zoning application:
A.
Fortune International Hospitality, LLC d/b/a Le Meridian Beach Resort
Location:
18630 Collins Avenue
Public Hearing #:
Summary:
Z2008-09
The Applicant is seeking a Conditional Use to establish a Beach Club,
1. Pursuant to Section 265-13 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a Conditional Use approval for the establishment
of a Beach Club,
Plans are on file and may be examined in the Planning and Zoning Department for "M,"
consisting of 9 sheets, Plans may be modified at public hearing,
Legal:
THE NORTH 116,66 FEET OF THE SOUTH 216,66 FEET OF TRACT "I",
MEASURED AT RIGHT ANGLES TO THE SOUTH BOUNDARY LINE OF TRACT
"I", OF AMENDED PLAT OF NORTH BISCAYNE BEACH, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, AT PAGE 42 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA
ADDRESS: 18630 Collins Avenue
Size of Property:
1.26 ACRES
Zone:
Neighborhood Business (MU-R)
All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Clerk,
City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160, The courts have ruled that it is improper to contact a City
Commission member individually, either orally or in writing about any zoning applications, Maps and other data pertaining to these applications
are available for public inspection during normal business hours in City Hall, Any zoning hearing may be continued at this meeting and under
such circumstances, additional legal notice would not be provided, Any persons wishing to speak at a public hearing should register with the City
Clerk prior to that item being heard, Inquiries regarding the item may be directed to the City's Planning and Zoning Department at (305) 792-
1710, Please refer to the hearing number when making an inquiry, If a person decides to appeal any decision made by the City Commission with
respect to any matter considered at such meeting or hearing, they will need a record of the proceedings and, for such purpose, may need to ensure
that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, This
notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law, In accordance with the Americans with Disabilities Act, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-792-170 I, no
later than 48 hours prior to the proceeding; if hearing impaired, please telephone the TDD line at 305-792-1590 for assistance,
Le Meridian Hotel
City of Sunny Isles Beach
Development Review Report
I. Project Summary
Application #:
Z2008-09 (Le Meridian Hotel)
Application Summary:
The Applicant is requesting approval for a conditional use for the
establishment of a beach club on site,
Applicant/Owner:
Fortune International Hospitality, LLC d/b/a Le Meridian Beach Resort
18630 Collins Avenue
Sunny Isles Beach, Florida 33160
Agent:
Judith A. Burke Esq,
c/o Shuts & Bowen LLP
1500 Miami Center
201 South Biscayne Boulevard
II. Site Information
Site Area:
1.26 Acres (55,224 sq.ft,)
Location:
18630 Collins Ave,
Land Use:
MUHDR (Mixed Use High Density / Resort)
Zoning:
MU-R (Mixed Use / Resort)/ RTH (Moderate Density Townhouse
Residential)
d" P
A IjaCent roperhes:
Existin2 Use Zonin2 Land Use Plan
North Motel MU-R Mixed Use High
Density /Resort
East Atlantic Ocean N/A N/A
South Condominium MU-R Mixed Use High
Density/Resort
West Commercial retail B-1 Neighborhood Business
Le Meridian Hotel
III. Histo ry
The current use is an Apartment Hotel, with beach facility, The approval for the Hotel was
under Resolution 99-Z-39 passed and adopted on the 9th of December, 1999,
Legal: THE NORTH 116,66 FEET OF THE SOUTH 216,66 FEET OF TRACT "I",
MEASURED AT RIGHT ANGLES TO THE SOUTH BOUNDARY LINE OF TRACT "I",
OF AMENDED PLAT OF NORTH BISCA YNE BEACH, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 44, AT PAGE 42 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA
IV. Standards of Review for Conditional Use
Pursuant to Section 265-13 (c) of the City Code, all proposed conditional uses are required
to meet each of the following:
(1) The proposed use shall be consistent with the Comprehensive Plan,
(2) The establishment, maintenance or operation of the proposed use shall not
be detrimental to or endanger the public beach, safety, or general welfare,
(3) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use,
(4) Utilities, roadway capacity, drainage, and other necessary public facilities,
including police, fire and emergency services, shall exist at the City's
adopted levels of service, or will be available concurrent with demand as
provided for in the requirements of the LDR's.
(5) Adequate measures exist or shall be taken to provide ingress and egress to
the proposed use in a manner that minimizes traffic congestion in the public
street.
(6) The establishment of the conditional use shall not impede the development
of surrounding properties for uses permitted in the zoning district.
(7) The design of the proposed use shall minimize adverse effects, including
visual impacts of the property use on adjacent property through the use of
building orientation, setbacks, buffers, landscaping and other design criteria,
v. Off-Street Parking and Loading Standards
Required Provided
Ree;ular 304 180*
Loadine; N/A N/A
Handicap N/A 24 Hour Valet parking
Tandem N/A 70*
Off Site Parkin~ N/A 60**
* Parking variance approved under Resolution 99-Z-39
** Off Site Parking Agreement with the City of Sunny Isles Beach to allow parking at the
Heritage Park Parking Lot
2
Le Meridian Hotel
VI. Art in Public Places (N/A)
VII. Applicant's Request
The Applicant is requesting a conditional use to establish a beach club as part of the current
Hotel operations.
VIII. Staff Analysis
The subject property is located on the East side of Collins Avenue between an existing
Condominium in the South, a Motel on the North and Commercial establishments on the
West. The property currently hosts a Hotel on the site with all approved amenities to
include an exercise room, sauna and other incidental accessories, The property is located in
the MU-R (Mixed Use Resort) Zoning District The intent of the Mixed Use Resort is to
provide for high density residential developments of multifamily dwellings and hotels with
retail goods, services, and conferences facilities,
The City Commission has approved in the past, beach club uses within the MU-R District if
adequate parking facilities existed, Staff has concerns about adequate parking at the Hotel
facility and how that will impact traffic circulation in the Hotel. As such, approval is not
recommended unless adequate parking is provided for the beach club use, Indeed, the
Applicant acknowledges in its letter of intent the parking issue,
IX. Conditions
Conditions to be completed before e:rade or buildine: permits are issued.
(1) That upon the submittal of an application for a building permit, the plans submitted shall
meet with the approval of the Planning and Zoning Administrator and shall be consistent
with the modified Site Plan approved by the City Commission, Plans shall include all the
required elements of the Site Plan pursuant to the City's Land Development Regulations and
recommendations and these conditions, Should compliance with these conditions and
recommendations result in a change that would not be considered "minor" in accordance
with Ordinance 2003-167 adopted March 20, 2003; the Applicant shall be required to obtain
another approval of the City Commission,
(2) Plans submitted for public hearing for "Fortune International Hospitality, LLCM," are on file
in the Planning and Zoning Department entitled "M", prepared by Kobi Karp Architects,
Inc" consisting of 9 sheets dated stamped revised September 18, 2002, Plans may be
modified at public hearing,
3
l
SHUTTS
-&---
BOWEN
LLP
JUDITH A, BURKE
(305) 379-9187 Direct Telephone
(305) 347-7787 Direct Facsimile
E-MAIL ADDRESS:
jburke@shulls,com
November 3, 2008
VIA FEDERAL EXPRESS
Robert C. Solera
Community Development Director
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Re: Letter of Intent for Le Meridien Sunny Isles Beach - Application for
Conditional Use (the "Application")
Dear Mr. Solera:
This firm represents Fortune International Hospitality, LLC ("Fortune"), the owner and
operator of property currently developed as a resort known as Le Meriden Sunny Isles Beach
(the "Resort") located at 18683 Collins Avenue within the City of Sunny Isles Beach (the
"City"). The Property subject to this Application is legally described as the Easement Parcel
pursuant to that certain Declaration of Restrictions and Reciprocal Easement Agreement
recorded on March 1, 2005, in Official Records Book 23124, at Pages 3707-3749 and does not
include any portion of M Resort Residences, a condominium, The Property is legally described
in Exhibit "A" attached hereto, The overall site contains approximately 1.26 acres, and is zoned
MU-R under the City's Land Development Regulations (the "Regulations"). The Property is
designated Mixed Use - Resort/High Density under the City's Comprehensive Plan. As more
fully described below, Fortune is requesting conditional use approval to permit the operation of a
private beach club at the Resort utilizing the existing Resort amenities.
I. THE RESORT
The Resort contains numerous amenItIes, including a spa, fitness center, outdoor
swimming pool, indoor restaurant, bar/lounge, poolside dining and beach front access with
lounge-chair drinking and dining options. The Resort has been operating in its current
configuration since obtaining site plan approval on December 9, 1999, under City Commission
Resolution No, 99-Z-39 (the "Resolution"), a copy of which is attached as Exhibit "B", The
Resolution was adopted under the County's original RU-4A zoning. All of the ancillary uses
1500 Miami Center' 201 South Biscayne Boulevard. Miami, Florida 33 L\] . ph 305,358.6300 . fx 305.381.9982 . www.shutts.com
----+-- ---- ----- ----. -- -.-- ---.-
MIAMI FORT LAUDERDAl.E WEST PALM BEACH ORl.ANDO TAMPA TAl.l.AIIASSFE AMSTERDAM
Robert C. Solera
November 3,2008
Page 2
were properly identified on the plans and were permitted uses under the applicable zoning at the
time of the approvaL The Resort did not receive a separate approval for a beach club use, as it
was not necessary under the RU-4A zoning. Fortune believed that their approval included the
beach club use, and operated the facility until the City advised them that a conditional use
approval was required.
II, THE REQUEST
Although the Resort has been approved and is comprised of resort-related services and
amenities, all of which would comprise the private beach club use, the City has indicated that
separate conditional use approval would be necessary. As a result, Fortune is requesting that the
City grant conditional use approval to formally establish the private beach club use at the
Property. It is important to note that the private beach club use will not alter or expand the
existing facilities, The offering of 240 beach club memberships will only expand the scope of
persons allowed to enjoy the existing facilities to include non-resort guests,
Even though the Resort was approved to provide sufficient parking for the resort facilities
based upon the square footage of such facilities, which again, will not change, Fortune is
proposing to provide additional off-site parking to accommodate potential overflow from the
additional private beach club patrons. The additional parking will be located approximately
1,500 feet from the Property under the William Lehman causeway and will provide sixty (60)
additional parking spaces. As required by the Resolution, the parking for the Resort and the
proposed private beach club use will continue to be by valet only.
III. THE JUSTIFICATIONS
Consistent with Comprehensive Plan. The proposed private beach club use is consistent
with the Comprehensive Plan, including the Property's land use designation. Fortune's request
enhances the Resort's mixed use resort development by opening its existing beach club facilities
to serve the surrounding residential community, including the neighboring residential
condomini ums.
Not detrimental to public health, safety or general welfare. The Resort has been and will
continue to be a well maintained luxury facility and will not be detrimental to or endanger the
public health, safety or general welfare of the community, The existing facilities on the Property
will not be altered or expanded by the proposed private beach club use in any way. Further,
Fortune believes that the use of the facilities by non-resort guests will not present any
overcrowding or traffic problems. These guests will likely only utilize the private beach club
facilities during daytime hours, which would not conflict with the other nighttime operations of
the Resort.
Consistent with community character. The proposed private beach club use is also
consistent with the community character of the immediate neighborhood. As stated above, the
'-
1500 Miami Center' 201 South Biscayne Boulevard. Miami. Florida 33131 . ph 305,358.6300. F.. 305,381.9982' www.shutts.com
MIAMI FORT 1.I\lil)ERDAI.E WEST I',\I.M BEACH ORI.ANDO rA,'yll'A TAl I.'\H "SfF '\,\1\, 1'11D:\M
Robert C. Solera
November 3, 2008
Page 3
1
proposed use will not alter the Resort's facilities and will service the neighboring residential
areas,
Concurrency. The Resort is vested for concurrency purposes pursuant to the Resolution.
As discussed above, the facilities will not be altered or expanded.
Minimizes traffic congestion. Adequate measures exist on the Property to provide
ingress and egress that minimizes traffic congestion in the public streets. The proposed beach
club use does not alter the Resort's ingress and egress configuration and hence traffic congestion
is minimized. The private beach club guests will arrive at the Property by utilizing the existing
ingress, and the valet will park their cars either on-site or at the above-mentioned off-site parking
area, The guests will then depart utilizing the existing egress,
Development of surrounding properties not adversely affected, The proposed private
beach club use will not impede the development of surrounding properties for uses permitted in
the applicable zoning district.
No adverse effects caused by new construction/design, As discussed above, the proposed
private beach club use does not alter the Resort's design as approved in the site plan pursuant to
the Resolution, Hence, there are no adverse visual impacts of the proposed use on the adjacent
property through the use of building orientation, setbacks, buffers, landscaping or other design
criteria.
In closing, the proposed private beach club use is compatible with and can only enhance
the surrounding area. The Resort has been and will remain a well maintained facility. Further,
this use is consistent with the Comprehensive Plan and can easily be accommodated on the
Property. Your favorable review and approval of this Application will be greatly appreciated, If
you have any questions, please do not hesitate to contact me.
Very truly yours,
~~h
Judith A, Burke r
cc: Mr. Eduardo Imery
MIADOCS 2895915 I
1500 Miami Cenrer' 201 South Biscayne Boulevard. Miami, Florida 33131 . ph 305.358,6300' IX 305,381.9982 . www.shutts.com
MIAMI FORT LAUDERDALE WEST PALM BEACH ORl.,\NIJO TAMPA TALLAHAS~EE ,\MSTEHDAM
i
Exhibit "A"
The North 116.66 feet of the South 216,66 feet of Tract "I", measured. at right angles to the
South boundary line of ,Tract "I", of A11ENDED PLAT OF NORTH BISCA YNE BEACH,
according to the Plat thereof, as recorded in Plat Book 44, at Page 42 of the Public Records of
Miami-Dade County, Florida,
MIADOCS 28%799 I
/"
r
\
RESOLUTION NO. 99.Z-39
A RESOLUTION OF THE CITY COMMISSION OF THE CITY ~F SUNNY
ISLES BEACH, FLORIDA APPROVING THE REQUEST OF TANGIERS
BEACH ASSOCIATES FOR NON USE V ARlANCES, SUJBECT TO
CERTAIN CONDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Tangiers Beach Associates has applied for the following:
1. Non Use Variance of Lot Coverage requirements to permit proposed development with
a lot coverage of 41 % (40% permitted).
.
2. Non Use Variance oC Floor Area Ratio (F.A.R.) to permit a proposed development with
a total F.A.R and bonuses of 4.52 (maximum 2.5 F.A.R, and possible F.A.R bonuses for a
total F.A.R. of 3.41 permitted)(20% amenities bonus pursuant to Section 33-222(4)(b)(i)
is calculated in the total bonus and floor area ratio), .
3. Non Use Variance of Setback requirements to permit the proposed tower to setback
25,67 ft (37.24 ft, required) from the interior side south property line and setback 31.33 ft
(37.24 t1 required) from the interior side north property line.
4. Non Use Variance of Setback requirements to permit the proposed roof deck of parking
garage to setback 3,61 ft (20 ft. required) from the interior side (south) property line,
5. NOD Use Variance of ZOlling Regulations to permit a 20 ft wide view corridor (25ft
, required),
6. Non Use Variance of Zoning Regulations to pennit the minimum floor area for
dwelling units varying from 556 sq ft to 613 sq f\(7S0 sq ft minimum required).
7 Non Use Variance or Parking Regulations to permit 250 parking spaces ( 304 parking
spaces required).
8. Non Use Variance of Parking Re2ulatioDs to permit 70 parking spaces to be tandem
(none permitted).
Plans are on file and may be examined in the Building, Planning and Zoning Department
of the City of Sunny Isles Beach entitled "BeJlagio" prepared by Kobi Karp Architects
Interior Designers, consisting of I S sheets, dated 9/22199 and landscape plans entitled
"BeIlagio," prepared by Witkin Design Group Dated 10/8/99.
SUBJECT 'PROPERTY: North 116.66 ft of South 216,66 ft of Tract "I", measured at right
angles to the south boundary line of said Tract "lit of amended plat
of North Biscayne Beach, recorded in PB 44 PG 42.
ADDRESS: 1869SCollias Ave.
Rcsolu(;on No,99.Z.J9
12i?/9~ Ag<11dJ Item 6A - . Tangiers BoIbg;o Be~ch Rcson,
09/06/01 5;02 PM
LMD;ch
And,
WHEREAS, a public hearing of the City Commission was advertised and held as
required by law and all interested parties concerned in the matter were heard, and upon due and
proper consideration having been given to the matter;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, THAT:
1. The Applicant's request for Non Use Variances, Items 1 through 8 are hereby
approved subject to the following conditions:
a. That a site plan be submitted to, and meet with, the approval of the
Building Official upon the submittal of an application for a building
permit. Said plans to include, among other things, but not limited to,
location of structure or structures, types, sizes and location of signs, light
standards, off-street parking areas, exits and entrances, drainage, walls,
etc,
b. That in the approval of the plan, the same be substantially in accordance
with that submitted for hearing entitled "Bellagio" prepared by Kobi Karp
Architects Interior Designers, consisting of 15 sheets, dated 9/22/99 and
landscape plans prepared by Witkin Design Group dated 10/8/99,
c. That the use be established and maintained in accordance with the
approved plans.
d. Item 2 Non Use Variance of Floor Area Ratio (F.AR.) is amended to
permit maximum F.A.R. of3,8 (excluding computation of the garage) and
plans must be modified to reflect the changes, Applicant is hereby
directed to provide evidence of bonus performance pursuant to Section
33.222(5) of Ordinance no. 99-84 (RU-4A Ordinance).
e. The applicant agrees that there shall not be the sale, conveyance, or long-
term lease or sublease (for more than six (6) months) of five (5) percent or
more cumulatively, of the units to the same buyer, lessor or sublessor, and
that the proposed hotel use will further comply with all other requirements
of the City's RU-4A Ordinance.
f. That the applicant provides plans meeting with the approval of the Zoning
Director providing for permanent and safe access for pedestrian and
vehicular traffic within the development and particularly for fire, police,
health and sanitation and other public service personnel and vehicles. ,
g, The applicant provide a Declaration of Non-Modifiable Restrictive
Covenants that the property will remain an apartment/hotel with rental
apartments and all services regularly provided by a hotel, including daily
linen services, front desk, valet and all services connected with a hotel
operation.
Resolution No,99-Z-39
12/9/99 Agenda Item 6A - .Tangiers Bellagio Beach Resort,
09/06/01 5:02 PM
LMD:ch
2
(
h. That the applicant provide a Declaration of Restrictive Covenant
acceptable to the Zoning Director that the property will be accessible for
the use of the hoteVcondo 24 hours a day and that all parking of vehicles
shall be through a 24-hour valet.
I. That the applicant submit to the Department, for review and approval, Ii
landscaping plan which indicates an easement (such easement to be
proffered by the applicant in recordable form) along Collins Avenue front
setback to enable the implementation of the streetscape plan currently
being designed. The type and size of plant materials shall coordinate with
the forthcoming streetscape plan, prior to the issuance of a building
permit, and shall be installed prior to the issuance of a Certificate of Use
and Occupancy. "
J. That the applicant obtain a Certificate of Use and Occupancy from the
City, upon compliance with all tcnns, and conditions, subject to
cancellation upon violation of any of the conclitions.
2. This Resolution shall become effective upon adoption.
By:
, ,
I .
," AXff:SI --:
~~~~~l..
'.~ Ricl1ard Bfown-M.oriIla. City Clerk
I ;
. '.,
. "
APPItOVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE:
Co~issio~er I~lesias moved and Commissioner Turetsky seconded approval of the requested
ZOOlng modifications, and upon a roll call the vote was 5 -0 in favor: "
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turctsky
Aes no
JLyes no
~es_no
~s no
'bes -no
RCloluLion No,99-Z.39
1219199 ^send. Item 6" - ,TlnKlers Don_Sia Beach Resort,
09/06101 ~:02 PM
LMD;ch
3
PUBLIC HEARING APPLICATION
llE~[E~W[E~
~ a 33160
al ent (OO)/l47-58J7 5ffia
z- ~J'-o'
PLANNING & ZONING DEPT.
City of Sunny Isles Beach 18070 CoIl ins Avenue, Sunny Isles Beach
(305) 947-0606 City HaIl (305) 949-3113 Fax (305) 947-2150 Building
0, IV'"
Hearing #
Date Received
Folio Number: 31-2202-003-0140
31-2202-045-0001
1, Name of Applicant Fortune International Hospitality, LLC d/b/a Le Meridian Beach Resort
a, if applicant is owner, give name exactly as recorded on deed,
b, If applicant is lessee, attach copy of valid lease of one (I) year or more and Owners Sworn to Consent
c, If applicant is corporation, partnership, limited partnership, or trustee, a separate Disclosure of Interest from
must be completed.
Mailing Address 1300 Brickell A venue
City
Miami
State Florida
Zip
33131
Tel.# (during working hours)
305-351-1000
Other
2, Name of Property Owner Fortune International Hospitality, LLC
3. Mailing Address 1300 Brickell Avenue
City
Miami
State Florida
Zip
33131
Tel.# (during working hours)
305-351-1000
Other
4. Contact Person Judith A. Burke, Esq, c/o Shutts & Bowen LLp.
Mailing Address 1500 Miami Center, 201 South Biscayne Boulevard
City
Miami
State Florida
Zip
33131
Tel. # (during working hours)
305-379-9187
Other
5, LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION
a, if subdivided, provide lot, block, complete name of subdivision, plat book and page number.
b, if metes and bounds description, provide complete description (including section, township and range),
c, if separate request apply to different areas, provide the legal description of each area covered by a separate
request.
d, attach a separate, typed sheet ifnecessary, Verify the legal is correct
The North 116,66 feet of the South 216,66 feet of Tract "I", measured at right angles to the South boundary
line of Tract "I", of AMENDED PLAT OF NORTH ElSCA YNE BEACH. according to the Plat thereof, as recorded
in Plat Book 44, at Page 42 of the Public Records of Miami-Dade County, Florida
City of Sunny Isles Beach Public Hearing Application 2003 (ed)
MlADOCS 2639498 I
1
6,
Address or location of subject property:
18683 Collins Avenue. Sunny Isles Beach. Florida 33160
7,
8,
Size of property: 117
ft. x
472
ft. acres 1,26 +/-
Date subject properly acquired l&l or leased 0
term of lease
4th
years/months,
day of November, 2005 *
*Fortune had an ownership interest in property prior to acquisition,
9, Does property owner own contiguous property to the subject property? If so, give complete legal
description of entire contiguous property. (Iflengthy, please type on a sheet labeled "Contiguous Property",
No
10. Is there an option to purchase 0 or lease 0 the subject property or properly contiguous thereto?
o Yes or l&l No
If yes, who are the potential purchaser or lessees? (Complete section of Disclosure ofInterest form also).
11, Present zoning classification (s): MU-R
12, REQUEST (S) COVERED UNDER THIS APPLICATION
Please check the appropriate box and give a brief description of the nature of the request in the space
provided,
o Comprehensive Plan Amendment.
o District Boundary (Zone) Change(s)
o Site Plan Approval.
l&l Conditional Use
o Variance
o Plat Approval
o Transfer Development Rights
o Vested Rights
o Appeals
o Other
13. Has a public hearing been held on this property within the last year and a half? 0 yes l&l no
If yes, applicants name
Date of hearing
Nature of hearing
Decision of hearing
Resolution#
14. Is this hearing being requested as a result of violation notice? l&l yes 0 no
If yes, give name to which violation notice was served
M Resort Residence Condominium
Nature of violation 265-35(C) Conditional Uses MUR; 265-13(B) Conditional Uses
15. Are there any existing structures on the property? l&l yes 0 no
If yes, briefly describe Resort Hotel and adiacent Hotel Condominium Units
2
City of Sunny Isles Beach
MIADOCS 2639498 I
Planning and Zoning Department
16, Is there any existing use on the property? [&l yes 0 no
If yes, what is the use and when was it established? Use
Resort Hotel
Established
March, 2005
3
City of Sunny Isles Beach
MIADOCS 2639498 1
Planning and Zoning Department
OWNER OR TENANT AFFIDAVIT
I, , being fIrst duly sworn, depose and
say that I am the 0 owner 0 tenant of the property described and which is the subject matter of the proposed
hearing; matter attached to and made a part of the application are honest and true to the best of my knowledge and
belief. I understand this application must be complete and accurate before the application can be submitted and the
hearing advertised,
Signature
Sworn to and subscribed to before me
this _ day of
Notary Public
Commission Expires
.....,...-,....,.,....,..,.',....,."......,.,.,...,.,.,.,.".,.,.,.,.........,.,....,...,....,.'.',.,...,.,.,.",.,.,.,..,.....,.,.."..,......,...,.,.,..,.".,.,.......",.."".,...,.,
CORPORATION AFFIDAVIT
We, , being fIrst duly sworn, depose and say that we are
the 0 President 0 Vice President and 0 Secretary 0 Asst. Secretary of the aforesaid corporation and as such, have
been authorized by the corporation to fIle this application for public hearing; that all answers to the questions in said
application and all sketches, data and other supplementary matter attached to and made a part of this application are
honest and true to the best of our knowledge and belief; that said corporation is the 0 owner 0 tenant of the
property described herein and which is the subject matter of the proposed hearing, We understand this application
must be complete and accurate before the application can be submitted and the hearing advertised,
Presidents Signature
(Corp. Seal)
Attest
Secretary's Signature
Sworn to and subscribed to before me
this _ day of
Notary Public
Commission Expires
PARTNERSHIP AFFIDAVIT
We, the undersigned, being fIrst duly sworn depose and say that we are partners of the hereinafter named partnership
and as such, have been authorized to fIle this application for a public hearing; that all answers to the questions in
said application and all sketches, data and other supplementary matter attached to and made a part of this application
are honest and true to the best of our knowledge and belief; that said partnership is the 0 owner 0 tenant of the
property described herein, which is the subject matter of the proposed hearing. We understand this application must
be complete and accurate before the application can be submitted and hearing advertised.
(Name of Partnership)
%
%
By
By
%
%
By
By
Sworn to and subscribed to before me
this _ day of
Notary Public
Commission Expires
4
City of Sunny Isles Beach
MIADOCS 2639498 I
Planning and Zoning Department
LIMITED PARTNERSHIP AFFIDAVIT
We the undersigned being first duly sworn depose and say that we are partners of the hereinafter named limited
partnership and as such, have been authorized to file this application for a public hearing; that all answers to the
questions in said application and all sketches, data and other supplementary matter attached to and made a part of
this application are honest and true to the best of our knowledge and belief that said limited partnership is the
[R) owner 0 tenant of the property described herein, which is the subject matter of the proposed hearing. We
understand this application must be complete and accurate before the application can be submitted and hearing
advertised.
Fortune International Hospitalitv. LLC
(Name of Limited Partnership)
NOTARY PUBUCoSTATE OF FLORlD.-\
~""""""" Sudian Perez
~~ jCo~mission #DD748162
.",......... ExpIres: MAR. 02, 2012
BONDED THRU An.....>iTIC BO:-'llING CO., me.
%
By:
Inc.
S,,:,orn to and sUbscrtlt t:> ~ me
thIS 3..Q. day of :tl , ~CO?s
.......................................................................................................................................................... .... ........................
TRUST AFFIDAVIT
I, , being first duly sworn, depose and
say that I am the trustee for the property described and which is the subject matter of the proposed hearing; that all
answers to the questions in this application and all sketch data and other supplementary matter attached to and made
a part of the application are honest and true to the best of my knowledge and belief. I understand this application
must be complete and accurate before the application can be submitted and the hearing advertised.
Signature
Sworn to and subscribed to before me
this _ day of
Notary Public
Commission Expires
ATTORNEY AFFIDA VIT
I, Judith A. Burke , being first duly sworn,
depose and say that I am a State of Florida Attorney At Law and I am the Attorney for the Owner of the property
described and which is the subject matter of the proposed hearing; that all answers to the questions in this
application and all sketch data and other supplementary matter attached to and made a part of the application are
honest and true to the best of my knowledge and belief. I understand this ap ication must be complete and accurate
before the application can be submitted and the hearing advertised.
Sworn.Jo and subscribed to before me
this~dayo~~~ ,
'-00<;('
Notary Public
ommission E~~TIE. ~!AiB OF fL01'n'.\
............................................................................................................................. .NOJ~~;'"'' 'tlndif .Chnsuan.............
t.\CotnmiSSiOn #DD651~~';'~
. " ,Will) 2~ 2. ..-
~ ,~Expu-es: lVUU'" .J,
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City of Sunny Isles Beach
MIADOCS 2639498 I
Planning and Zoning Department
....
OWNERSHIP AFFIDAVIT
FOR INDIVIDUAL
Public Hearing No.
COUNTY OF
Before me, the under . ned authority, personally appeared
hereinafter the Affiant, 0 being duly sworn by me, on oath, deposes and says:
1. Affiant is the fee 0 er of the property, which is the subject of the proposed hearing
2. The subject property is
3. Affiant understands this affidavit is ubject to the penalties of law for perjury and the possibility of voiding
of any zoning granted at public hear'
Affiant's Signature
Witnesses:
Signature
Print Name
Print Name
Signature
Print Name
Sworn to and subscribed before me on the _ day of
Affiant is personally known to me or has produced
,200_
as identification.
Nota (Stamp/Seal)
Commission Ex ires:
6
City of Sunny Isles Beach
MIADOCS 2639498 1
Planning and Zoning Department
~.
OWNERSHIP AFFIDAVIT
FOR CORPORATION
Public Hearing No.
, hereinafter the Affiant (s), who being first duly
1. Affiant is the pre . dent, vice president or CEO of the
Corporation, with the following address:
2. The Corporation owns the roperty, which is the subject of the proposed hearing.
3.
4. Affiant is legally authorized to file this ap ication for public hearing:
5. Affiant understands this affidavit is subject to he penalties oflaw for perjury and the possibility of voiding
of any zoning granted at public hearing.
Witnesses:
Signature
Print Name
Signature
Print Name
Sworn to and subscribed before me on the day of
Affiant is personally known to me or has produced
City of Sunny Isles Beach
MIADOCS 2639498 1
Affiant's Signature
Print Name
as identification.
Notary (Stamp/
Commission Expires:
7
Planning and Zoning Department
OWNERSHIP AFFIDAVIT
FOR PARTNERSHIP
Public Hearing No.
Before me, t e undersigned authority, personally appeared
1.
following address:
, hereinafter the Affiant (s), who being first duly
2. Affiant as general partn is authorized to file this application for a public hearing,
4. The subject property is legally
3. The partnership owns the pr erty, which is the subject of the proposed hearing.
5. Affiant understands this affidavit is subject t the penalties oflaw for perjury and the possibility of voiding
of any zoning granted at public hearing.
Witnesses:
Signature
Print Name
Signature
Print Name
(General Partner)
Affiant's Signature
Print Name
Sworn to and subscribed before me on the _ day of
Affiant is personally known to me or has produced
City of Sunny Isles Beach
MIA DOCS 2639498 I
Notary (Starn
Commission Expires:
,200_.
as identification.
Planning and Zoning Department
OWNERSHIP AFFIDAVIT
FOR LIMITED PARTNERSHIP
STATE OF
Florida
Public Hearing No.
COUNTY OF Miami-Dade
Before me, the undersigned authority, personally appeared Edgardo Defortuna. as President
of Fortune International Hotels. Inc.. Manager of Fortune International Hospitality. LLC, hereinafter the Affiant (s),
who being first duly sworn by me, on oath, deposes and says:
I. Affiant is the general partner of the
partnership, at the following address:
1300 Brickell Avenue. Miami. Florida 33131
2. Affiant as general partner is authorized to file this application for a public hearing,
3. The limited partnership owns the property, which is the subject of the proposed hearing.
4. The subject property is legally described as: The North 116.66 feet of the South 216.66 feet of Tract "I",
measured at right angles to the South boundary line of Tract "I". of AMENDED PLAT OF NORTH BISCA YNE
BEACH. according to the Plat thereof. as recorded in Plat Book 44. at Page 42 of the Public Records of Miami-Dade
County. Florida
5. Affiant understands this affidavit is subject to the penalties of law for peIjury and the possibility of voiding
of any zoning granted at public hearing.
Fortune International Hospitality, LLC, a
Florida limited liability company
Witnesses:
C!J+f.IS.T'~
ary Stamp/Se l)
Commission Expires: '} ~
l{OTARY PUBLlC.ST~.TE. OF LO DA.
. ......"", Sudlan pere
t~\ Commission # DD748162
\ i Evn;roo,' 'MAR. 02, 201. 2
. . .'1';;" . J:;C
#'t'ln"'. ..... -~1:' ~ ~11C BO:,,1)l:,G CO. I . .
1l0~--")ED 1 liKe " l-w
Print Name
Sworn to and subscribed before me on the ~1) day of
Affiant is personally known to me or has produced
9
City of Sunny Isles Beach
MIADOCS 2639498 I
Planning and Zoning Department
(
OWNERSHIP AFFIDAVIT
FOR TRUST
undersigned authority, personally appeared
1.
Public Hearing No.
, hereinafter the Affiant (s), who being first duly
2. Affiant as trustee is aut orized to file this application for a public hearing,
3.
The trust owns the prope
which is the subject of the proposed hearing.
4.
5. Affiant understands this affidavit is subje to the penalties of law for perjury and the possibility of voiding
of any zoning granted at public hearing.
Witnesses:
Signature
Print Name
Signature
Print Name
Sworn to and subscribed before me on the _ day of
Affiant is personally known to me or has produced
City of Sunny Isles Beach
MIADOCS 2639498 I
(Trustee)
Affiant's Signature
Print Name
,200_.
as identification.
Notary (S mp/Seal)
Commission Expires.
10
Planning and Zoning Department
Public Hearing No.:
RESPONSffiILITIES OF THE APPLICANT
PLEASE READ CAREFULLY BEFORE SIGNING
I hereby acknowledge that I am aware that the Department of Environmental Resources Management (DERM) and
the Miami Dade County Fire Department (MDFD) will review and comment on all development applications. These
comments sometimes include requirements for an additional public hearing before DERM Environmental Quality
Control Board, (EQCB) the preparation and execution of agreements to run with the land, which are recorded, prior
to obtaining a building permit.
I understand that is my responsibilities as the applicant or applicants representative to promptly follow through with
the compliance of DERM and MDFD requirements or to advise this office in writing if the application will not go
forward and may be considered withdrawn. Contact with the above mentioned agencies is advised during the
hearing process.
Permit requirements: I also understand that the Florida Building Code, DERM and MDFD may contain
requirements that affect my ability to obtain a required building permit for my project, even if the zoning application
is approved at public hearing. I am aware that a Building Permit is required for all construction and that I am
responsible for obtaining the required permit, all required inspections, the Certificate of Use and Occupancy or
Certificate of Completion for any and all structures and additions whether proposed or existing without permits.
Additionally I am aware a Certificate of Use and Occupancy must be obtained for the use of the property, if
approved at a Zoning Hearing and that failure to obtain the required permits and/or Certificates of Completion, Use
and Occupancy will result in the initiation of enforcement action against the occupant and owner. I further
understand that submittal of Zoning Hearing application will not necessary forestall enforcement action against the
property.
Fees: I understand that the hearing fees paid at the time of filing may not be the total cost of the hearing and that I
will be advised of the following fees which must be paid promptly; additional radius fee changes or additions to the
hearing application or plans.
Fortune International Hospitality, LLC, a
Florida limited liability company
By: Fortune International Hotels, Inc.,
Mana ~
~
Signature
do Defortuna
Print Nam
,2008
~
NOTARY - LIe-STATE OF FLORIDA
.,........,,'. Sudian Perez
~.w ~ Co~mission # DD748162
...,,!!!!!,~ ExpIres: MAR. 02, 2012
BO~llED THRl' ATI..'"....."c BO:-'1l1:'iG co.. INC.
II
City of Sunny Isles Beach
MIADOCS 2639498 1
Planning and Zoning Department
.
(
DISCLOSURE OF INTEREST
Ifthe property which is the subject of the application is owned or leased by a CORPORA nON, list the principal
stockholders and principal officers or stockholders consist of another corporation (s), trustee (s), partnership (s) or
other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural
persons having the ultimate ownership interest in the aforementioned entity).
Corporation Name
Name, Address and Office
Percentage of Stock
If the property, which is the subject of the application, is owned or leased by a TRUSTEE, list the beneficiaries of
the trust and the percentage of interest held by each. {Note: where the beneficiary (s) consist of corporation (s),
another tlUst (s), partnership (s) or other similar entities, further disclosure shall be required which disclosures the
identity of the individual (s), (natural persons) having the ultimate ownership interest in the aforementioned entity}.
TlUst Name
Name and Address
Percentage of Interest
l2
City of Sunny Isles Beach
MIADOCS 2639498 1
Planning and Zoning Department
If the property, which is the subject of the application, is owned or lease by a PARTNERSHIP or LIMITED
PARTNERSHIP, list the principals of the partnership, including general and limited partners. {Note; where the
other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural
person) having the ultimate ownership interest in the aforementioned entity}.
Fortune International Hospitalitv. LLC
PARTNERSHIP OR LIMITED PARTNERSHIP NAME
Name and Address
Percentage of Ownership
Fortune International Hotels, Inc. (Manager)
1300 Brickell Avenue
Miami, Florida 33131
Edgardo Deforhma, President
If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not and whether a
Corporation, Trustee or Partnership list the names of the contract purchasers below, including the principal officers,
stockholders, beneficiaries or partners. {Note; where the principal officers, stockholders, beneficiaries or partners
consist of another corporation, trust, partnership or other similar entities, further disclosure shall be required which
discloses the identity of the individual (s) (natural persons) having the ultimate ownership interest in the
aforementioned entity).
NAME
Name, Address and Office (if applicable)
Percentage ofInterest
Date of Contract:
13
City of Sunny Isles Beach
MIADOCS 2639498 I
Planning and Zoning Department
If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation,
partnership or trust.
For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but
prior to the date of final public hearing, a supplemental disclosure of interest shall be filed.
The above is a full disclosure of all parties of interest in the application to the best of my kno~ledge and belief.
Signature:
(Applicant)
, 200 sf
(Seal)
NOTARY PUBLIC-STATE OF FLORIDA
i"""""I,. Sudian Perez
~ ~ i Co~rnission # DD748162
...,.......... Expires: MAR. 02, 2012
llo!'.llED THRU ATL'.liTIC BO:,llIXG eo., L';C.
*
Disclosure shall not be required of any entity; the equity interest is which are regularly traded on an
established securities market in the United States or other country; or any entity, the ownership interest
of which are held in a limited partnership consisting of more than 5,000 separate interest and where no
one person or entity holds more than a total of 5% of the ownership interest in the limited partnership.
14
City of Sunny Isles Beach
MIADOCS 2639498 I
Planning and Zoning Department
-
... -"
CITY OF SUNNY ISLES BEACH
PARKING LICENSE AGREEMENT
--
This Parking License Agreement (this "Agreement") is made as of the ~day of M~
2009, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation (the
"City") and FORTUNE INTERNATIONAL HOSPITALITY, LLC, a Florida limited liability
company ("Fortune") and/or assigns.
RECIT ALS
WHEREAS, Fortune is the owner and operator of property currently developed as a resort
known as Le Meridien Sunny Isles Beach (the "Resort") located at 18683 Collins Avenue within
the City (the "Property"), as more particularly described in Exhibit "A".
WHEREAS, Fortune has applied to the City for approval of a conditional use permit (the
"Permit") to operate a private beach club at the Resort utilizing the existing Resort amenities,
including a spa, fitness center, outdoor swimming pool, indoor restaurant, bar/lounge and
poolside dining (the "Beach Club").
WHEREAS, in connection with the proposed Beach Club, Fortune has approached the City
about utilizing parking spaces at the City parking facility (the "City Facility") located under the
Lehman Causeway or Heritage Park Parking Garage, as more particularly described in Exhibit
"B", for off-site parking to accommodate potential overflow from the patrons of the Beach Club.
WHEREAS, the City desires to enter into an exclusive parking license agreement with
Fortune for the use of up to sixty (60) parking spaces located within the City Facility as a
condition of the City's approval of the Permit; and
NOW, THEREFORE, in consideration of the execution and delivery of this Agreement
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Recitals. The foregoing recitals are true. and correct and are incorporated herein
in their entirety.
2. Use of City Facility. The City hereby licenses to Fortune the right to use up to
sixty (60) parking spaces located within the City Facility to accommodate potential overflow
parking from patrons of the Beach Club. The parking spaces shall be utilized only by Fortune's
valet operator for the Resort and no self-parking will be permitted. No other use of the City
Facility by Fortune is permitted without written permission from the City. It is understood and
agreed that the spaces shall be utilized by Beach Club members and Fortune and its valet
operator shall be permitted to park vehicles at the designated parking facility with appropriate
parking passes, approved by the City.
3. License Fee. Fortune shall pay $65.00 per parking space on a monthly basis
during the first two (2) years of this Agreement, and $85.00 during the third year of this
Agreement. Thereafter, Fortune shall pay $95.00 per parking space, which is adjustable on a
yearly basis by the lessor of 3% or the Consumer Price Index. The monthly license fee shall be
MIADOCS 33642344
3//3/09
~
.
paid in advance, on or before the first day of each calendar month under this Agreement. The
Effective Date of this Agreement shall be the first day of the calendar month following the final
. approval of the Permit by the Sunny Isles Beach City Commission.
4. Adiustment to Number of Parkine: Spaces. During the first three (3) years of
this Agreement, the City shall license to Fortune the right to use twenty (20) parking spaces at
the City Facility. Thereafter, the City shall license to Fortune the right to use an additional forty
(40) parking spaces at the City Facility.
5. Term. Unless otherwise terminated by written instrument signed by both parties,
this Agreement shall remain in effect, so long as the Permit to operate the Beach Club is current
and in effect, unless otherwise terminated by written instrument signed by both parties.
6. Assie:nment. This Agreement may not be assigned by Fortune, in whole or in
part, without prior written consent of the City, which will not be unreasonably withheld or
delayed.
7. Improvements. No structures or improvements of any kind shall be placed upon
the City Facility without prior written approval ofthe City.
8. Maintenance. The City shall keep and maintain the parking spaces licensed
under this Agreement within the City Facility in good and clean condition, including the regular
removal of all litter and trash.
9. Indemnification. This Agreement is one of licensing of property and is not a
bailment. Fortune shall assume full responsibility for the vehicles licensed to be parked within
the City Facility under this Agreement and the contents therein. Fortune, as a material part ofthe
consideration to be rendered to the City under this Agreement, to the extent permitted by law,
hereby waives all claims against the City, its agents servants or employees for loss, theft or
damage to vehicles licensed to be parked within the City Facility under this Agreement and the
contents therein. To the extent permitted by law, Fortune shall indemnify, defend and hold the
City, its employees and public officials, agents, and servants harmless from, and on account of,
any damage or injury to any person, or to the property, goods, wares and merchandise of any
person, arising from the use of the City Facility by Fortune, its agents, servants, employees,
contractors, invitees or licensees.
10. Assumption of Risk. All property belonging to Fortune or any user of the City
Facility authorized under this Agreement shall be there at the risk of Fortune or such other
person only. Except for the deliberate or negligent act of the City or its agent or employees, the
City, its employees and public officials, and agents shall not be liable for injury to persons, or
damage to, or theft of, or misappropriation of such property by any means whatsoever. Fortune
shall give prompt notice to the City in case of any such injury, damage, theft, or
misappropriation. In case any action or proceeding should be brought against the City by reason
of any obligation on Fortune's part to be performed under the terms of this Agreement or arising
from any act or negligence of Fortune, or of its agents or employees, Fortune, upon notice from
the City, shall defend the City at Fortune's expense, by counsel reasonably satisfactory to the
City.
11. Compliance with Law. Fortune shall comply with all applicable state, county
and City laws and ordinances in fulfilling its responsibilities under this Agreement. The City
MIADOCS 3364234 4
3/13/09
.
Facility shall be used by Fortune, its employees, contractors, agents, and invitees, pursuant to
such rules and regulations, as the City shall from time to time promulgate.
12. Default. In the event of any default by either party under this Agreement, the
non-defaulting party shall have the right to terminate this Agreement upon thirty (30) days
notice.
13. Attorneys Fees. In the event of any dispute arising out of or related to this
Agreement, the prevailing party shall be entitled to receive from the other party the reasonable
attorneys' fees, costs and disbursements and court costs incurred by the prevailing party through
the trial and all appellate levels and including any of same incurred in connection with
enforcement of judgments and other collection costs.
14. Bindine:. The provisions of this Agreement shall be binding upon the parties
thereto and their respective successors and/or assigns.
IS. Entire Ae:reement. This Agreement constitutes the entire agreement between the
parties and may not be changed, altered or modified except by an instrument in writing signed by
the party against whom enforcement of such change would be sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
FORTUNE INTERNATIONAL HOSPITALITY,
LLC, a Florida limited liability company
~ \/fdJ
By: Fortune International Hotels, Inc., a
Florida corporation, as Manager
c-
By:
Jane A. Hines, City Clerk
" ~ . r~
CITY OF SUNNY ISLES BEACH
.ATTEST:
~'A~
MIADOCS 33642344
3/1 3/09
....
'. ..
Exhibit "A"
The North 116.66 feet of the South 216.66 feet of Tract "I", measured at right angles to the
South boundary line of Tract "I", of AMENDED PLAT OF NORTH BISCAYNE BEACH,
according to the Plat thereof, as recorded in Plat Book 44, at Page 42 of the Public Records of
Miami-Dade County, Florida.
MIADOCS 2896799 I
EXHIBIT ~~"
State Road No.: 856
Miami-Dade County
Hiami, Florida
Parking Lots 1 & 2
April 15, 1999
Description of a parcel of land for the sole purpose of leasing
this parcel of land from the Florida Department of Transportation
to the City of Sunny Isles Beach.
LEGAL DESCRIPTION
That portion of State Road No. 856 Right-of-Way lying in Section 2,
Township 52 South, Range 42 East, Niami-Dade County, Florida,
bounded as follows: BOUNDED on the West by the Easterly boundary of
the Intracoastal Waterway i BOUNDED em the South by the South
Limited Access Right of Way Line of S. R. 856 from approximately
station 572+33 to station 483+50, Centerline of Construction,
according to Construction Plans for Fz:oj ect 87013 -3509 and 87013-
3511, then on a 900 Angle to the North to the inside line of a 5'
sidewalk, continue along this inside line to the West, then
Westerly, Northwesterly and Norther~y around a 10\ radius return
then Northerly to the inside of a continuous shoulder gutter
starting at approximately station 383 +20 Baseline Ramp de", then
Easterly along said continuous shoulder gutter to approximately
station 387+48 Baseline Ramp "C" i BOUNDED on the East by a type "F"
concrete curb and gutter going Northerly from approximately station
666+80 to approximately station 668+56 Baseline Southbound Lanes to
a 21 radius curb; BOUNDED on the North by a line 181 South of and
parallel to Baseline Ramp "A" from approximately station 187+50
Baseline Ramp "A" to approximately station 186+22, then follow the
retaining wall line from approximately station 186+22 to station
183+08, then go North for 27', then go East along a line parallel
to Baseline Ramp "A" to approximately station 183+60 Baseline Ramp
"A", then go North to the North Limited Access Right of Way Line of
S.R. 856; also bounded on the North by the North Limited Access
Right of Way Line of S. R. 856 from a:9proximately station 183+60
Baseline Ramp "A", to the intersection of the Limited Access Right
of Way line with the Intracoastal Wate,rway.
Less any area actively occupied by rarr~s or bridge structures.
Containing 242,000 square feet, more or less.
SIB
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NOTICE IS HEREBY GIVEN that a public hearing will be i
held by the City Commission of the City of Sunny Isles I
Beach, Florida, in the David P. Samson Commission
Chambers, Sunny Isles Beach Government Center,
18070 Collins Avenue, Sunny Isles Beach, Florida on
Thursday, March 19, 2009 at 6:00 p.m., to consider the
following Zoning application:
A. Fortune International Hospitality, LLC d/b/a
Le Meridian Beach Resort
CITY OF SUNNY ISLES BEACH
NOTICE OF ZONING HEARING
Location:
18630 Collins Avenue
Public Hearing #: Z2008-09
The Applicant is seeking a
Conditional Use to establish a
Beach Club.
1. Pursuant to Section 265-13 of the City of Sunny
Isles Beach Land Development Regulations, the
Applicant is requesting a Conditional Use approval
for the establishment of a Beach Club.
Summary:
Plans are on file and may be examined in the Planning
and Zoning Department for "M." consisting of 9 sheets.
Plans may be modified at public hearing.
Legal: THE NORTH 116.66 FEET OF THE SOUTH
216.66 FEET OF TRACT "I", MEASURED AT
RIGHT ANGLES TO THE SOUTH BOUNDARY
LINE OF TRACT "I", OF AMENDED PLAT OF
NORTH BISCAYNE BEACH, ACCORDING
TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 44, AT PAGE 42 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA
ADDRESS: 18630 Collins Avenue
Size of Property: 1.26 ACRES
Zone: Neighborhood Business (MU-R)
All persons are invited to appear at this meeting or be represented
by an agent, or to express their views in writing addressed to the
City Clerk. City of Sunny Isles Beach, '8070 Collins Avenue, Sunny
Isles Beach, Florida. 33160. The courts have ruled that it is improper
to contact a City Commission member individually, either orally
or in writing about any zoning applications. Maps and other data
pertaining to these applications Bre available for public inspection
during normal business hours In City Hall. Any zoning hearing may be
continued at this meeting and under such circumstances, additional
legal notice would not be provided. Any persons wishing to speak
at a public hearing should register with the City Clerk prior to that
item being heard. Inquiries regarding the item may be directed to the
City's Planning and Zoning Department at (305) 792.1710. Please
refer to the hearing number when making an inquiry. If a person
decides to appeal any decision made by the City Commission with
respect to any matter considered at such meeting or hearing, they
will need a record of the proceedings and. for such purpose, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by
the City for introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. In accordance with the Americans with
Disabilities Act, all persons who are disabled and who need special
accommodations to participate in this meeting because of that
disability should contact the City Manager at 305-792-1701, no later
l!:elePhone the TOD line at 305.792-1590 for assistance.
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Jane Hines
From:
Jane Hines
Sent: Tuesday, March 24,200910:18 AM
To: 'jburke@shutts-Iaw.com'
Cc: Hans Ottinot; Jorge Vera; Rick Conner; Robert Solera
Subject: Corrected Zoning Reso 09-Z-117 re: Le Meridien
Attachments: Le Meridien Reso.PDF
Good Morning Ms. Burke:
Attached is Zoning Resolution No. 09-Z-117 with the scrivener's error corrected under Conditions 1 and 2.
Thank you.
Jane A. Hines, CMC
City Clerk
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Phone: 305-792-1703 Fax: 305-792-1563 www.sibfl.net
PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN
COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS
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3/24/2009
Page 1 of2
Jane Hines
From: Hans Ottinot
Sent: Monday, March 23, 20096:15 PM
To: 'Judith A. Burke'
Cc: Eduardo Imery; Jane Hines; Fernando Amuchastegui
Subject: RE: Le Meridien Beach Club Approval
Jane:
We had a scrivener error in the zoning resolution. Please revise the word "members" to "memberships" in
condition 1 and 2. I know a minor scrivener error should not issue a new date of issuance, but to be safe, please
reissued the reso upon revising condition 1 and 2.
Hans Ottinot
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue, 4th FL
Sunny Isles Beach, FL 33160
Phone: 305-792-1702
Fax: 305-792-1562
Please note:
Florida has a very broad public records law. Most written communications to or from
government officials regarding government business are public records available to the
public and media upon request. Your e-mail communications may therefore be subject to
public disclosure.
~~_.~___._.__._._____n____'_'~~"_~_'_"_____"___~'___"'~---~-~---~----'
From: Judith A. Burke [mailto:JBurke@shutts.com]
Sent: Monday, March 23, 20094:58 PM
To: Hans Ottinot
Cc: Eduardo Imery
Subject: Le Meridien Beach Club Approval
Hans:
I just reviewed a copy of Resolution #09-Z-117. There is one possible problem. Conditions 1 and 2 use the word
"members" rather than "memberships". I don't want there to be any confusion as to how the numbers will be
counted. Memberships generally include the husband and wife and children living at home. Attached is a copy
of our letter of intent. As you can see, the last sentence of Section II on the second page states; "The offering of
240 beach club memberships ...". How do you think we should handle this issue? I look forward to hearing from
you soon.
Regards,
Judy
Judith A. Burke
Partner
3/24/2009
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