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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: ) ~~ ~?-- <//0 ~ 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 - 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, ""'"\,\\' ..""' aYMC BONDING (O'J i:'~. \lONOIiD THl\.U 1\1.....,.. 5 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 . . .... (.) i5 CIl " III ca lIJ 0 w in -I N ~ ~ >- ill z l5 z ::::l 'E lIJ CIl LL ~ 0 lIJ ~ II:: III (3 z Qi c 0 N Qi Q; 01 C E Q; ell .2 <ll 0- Z rJl C 0. C '1: 0 '5 Q) U .!!! > rJl U "0 Q) Q) <( en Cl .... .... 0 0 ID ID ClO ClO C! .., .., ClO ClO .... ~ 0 0 .... .., .., x ClO ClO N III ~ .0 E ki ::J Qi z .0 0. E c ~ 0 ::J t (; z Q) Qi "0 rJl N "6 <( .E en () e ~ - e w ~ . .... ~ jl w ..c Ie) .. c ~ C o u .. c " G ~ ~ a- l!! l; '0 Q. M G .. ; .. c " .5 l; i o ~ G Z 1; > 'C ~ '0 G 1; G ~ '0 c .. ~ ~ o >- -c G 1i '6 .5 G .. " a- '0 c " ~ '0 G :; C o '0 1! G " ~ =:: G -" 0- .5 enI o!. Oii N'g ca~ 0:5 - G C")g O-ll ~ Gi~ --" mg C~ c:og O~ __ e _a- m.!! ug .-Qi :C~ ::::JUJ D.~ 1 I I I 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. ~ ,,; " U DO << >: >' << '" z i>: What financial risk do you currently face? Are you concerned about the risks that may threaten your savings and invest- ments? How confident are you that you're equipped to manage them? Consider the Financial Advisors at Smith Barney. Whether you're con- cerned about asset allocation, diversifi- cation or principal protection-trustworthy information, sound advice, and excellent customer service are just a call away. Smith Barney's Financial Advisors have on average 16 years of industry experi- ence. They have the independence to recommend investments that are right for you. And oniy Smith Barney Financial Advisors have direct access to the depth of Citi's global resources. o ~ " ii: << ii: w " .... Joseph Friedman Senior Vice President-Wealth ManaQement 1691 Mlchlqan Avenue - Suite 550 Miami Beach, fL 33139 (305) 695-6117 Joseph.frledman@smlthbarney.com t 'iV z l -ci ] " .~ 'f ern smith barney > <( INVESTMENT PRODUCTS: NOT FDIC INSURED. NO BANK GUARANTEE. MAY LOSE VALUE. o~ Citigroup GI~I Markets 1:'C. Member SIPC. Securities are. offered through Ciligroup Global Markets Inc.. Smilh Barney IS a dIVISion and servICe mark of Citlgroup Global Markets Inc. and IS used and regIstered throughout the world. Citl and Cih wllh Arc Design are trademarks and service marks of Citigroup Inc. or its affiliates, and are used and registered throughout the v.orId. Citigroup Global Markets Inc. and Citibank are affiliated companies under the common control of Ciligroup Inc. Page 1 of 1 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 AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE. 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 Page 2 of2 Shutts & Bowen LLP 1500 Miami Center, 201 South Biscayne Boulevard I Miami, FL 33131 Direct: (305) 379-9187 I Fax: (305) 347-7787 E-Mail I Biography I V-Card I Website IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you. 3/24/2009