HomeMy WebLinkAboutResolution Zoning 12-Z-132 RESOLUTION NO. 12-Z--_-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE
SITE PLAN APPLICATION SUBMITTED BY PALERMO BEACH,
LLC (THE "APPLICANT"), PURSUANT TO SECTION 265-18 OF
THE CODE OF THE CITY OF SUNNY ISLES BEACH FOR A 42
STORY, 64 UNIT CONDOMINIUM BUILDING WITH 222,245
SQUARE FEET OF FLOOR AREA RATIO ("FAR"), AND ALSO
APPROVING THE TRANSFER OF DEVELOPMENT RIGHTS
("TDRS") APPLICATION IN THE AMOUNT OF 51,287 SQUARE
FEET OF FLOOR AREA AND 27 DWELLING UNITS FROM A
PRIVATE TDR BANK ACCOUNT; PROVIDING THE CITY
MANAGER WITH THE AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING
FOR AN EFFECTIVE DATE.
I. RECITALS
WHEREAS, Palermo Beach, LLC (the "Applicant") submitted a site plan application
No. Z2012-14 to the City of Sunny Isles Beach, Florida (the "Application") requesting the
following:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a site plan approval for a 42 story, 64 unit
condominium building with 222,245 square feet of floor area ratio ("FAR").
f
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the utilization of private TDRs in the
amount of 51,287 square feet of development rights and 27 dwelling units.
3. Pursuant to Section 265-35(D)(8) of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a waiver of the required
beach access easement for public safety reasons.
4. Pursuant to Section 265-63.3(G) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of graphics and murals on
temporary construction fencing.
LEGAL: Portion of Govt. Lot 6. The North 100 Feet of the South 300 Feet of Lot 2, Tatum's
Ocean Park Subdivision, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of
the Public Records of Miami-Dade County, Florida, lying East of the East Right-Of-Way line of
State Road A-1-A.
ADDRESS: 17141 Collins Avenue
12-Z- 17141 Collins Avenue 1
WHEREAS, on November 15, 2012, 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 City's
Community Development Department Review Report; and
WHEREAS, notice was provided to all interested parties regarding the Application; and
WHEREAS, the City Commission reviewed the Application, the written and oral
recommendations of the Community Development Department, including the recommended
conditions, and finds substantial competent evidence to support a showing by the Applicant that
the request for site plan approval is in compliance with the Land Development Regulations and
the Comprehensive Master Plan of the City and maintain the basic intent and purpose of the
zoning, subdivision or other land use regulations, which is to protect the general welfare of the
public, particularly as it affects the stability and appearance of the community; and, further finds
that said request should be granted, subject to the conditions described herein.
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 above are incorporated into the body of this Resolution as if same were fully set forth
herein.
III. FINDINGS AND CONCLUSIONS:
Based on an analysis of the application and the standards for approval for a site plan
modification under the Land Development Regulations, the City Commission makes the
following findings and conclusions:
A. The site plan application and the request for a beach access waiver are consistent with the
Land Development Regulations and the Comprehensive Master Plan of the City of Sunny
Isles Beach.
IV. APPROVALS
A. The Applicant's request for approval of a site plan for a 42 story building with 64
condominium units is hereby granted subject to all the conditions set forth below.
B. The Applicant's request to utilize private TDRs in the amount of 51,287 square feet of
development rights and 27 dwelling units is hereby granted subject to the conditions set
forth below.
12 -Z- 17141 Collins Avenue 2
C. The Applicant's request for waiver of the required beach access easement for public
safety reasons and use of graphics and murals on temporary construction fencing is
hereby approved.
V. CONDITIONS
A. CONDITIONS TO BE COMPLETED BEFORE DEMOLITION, BELOW GRADE
OR BUILDING PERMITS ARE ISSUED.
(1) That the Project shall be developed substantially in accordance with the plans submitted for
the November 15, 2012, public hearing for Unique—Palermo Beach, LLC, and on file with
the City's Community Development Department entitled "Unique Condominiums",
prepared by Kobi Karp Architecture and Interior Design, Inc. consisting of 25 sheets
stamped date received 10/29/12; the survey entitled "Boundary & Topographic Survey",
prepared by Fortin, Leavy, Skiles, Inc., consisting of 1 sheet updated 9/11/2012; the Civil
Plan prepared by VSN Engineering, Inc., consisting of 11 sheets stamped date received
10/29/12; and, the landscape plans by Kobi Karp Architecture and Interior
Design consisting of 3 sheets stamped date received 10/29/12.
(2) If applicable, a Miami-Dade County tree removal permit must be secured and attached to
the landscape permit application prior to demolition.
(3) That palms along Collins Avenue must be at least 12' clear-wood Medjool Palms to be
consistent with the City Streetscape Master Plan.
(4) That the Applicant provides the Lighting/Photometric Plan prior to building permit.
(5) That the Applicant provide the Signage and Pavement Marking Plan prior to building
permit.
(6) That the Applicant shall submit any and all other documentation and/or payments required
by the City to effectuate the purchase of transfer of development rights from the City or
Private Owners and further procedures being developed to effectuate this program,
notwithstanding the fact that such procedures may be formally adopted subsequent to this
particular approval, prior to submitting for building permit.
(7) Upon the submittal of an application for a building permit, the plans submitted shall be
approved by the Community Development Department and be consistent with the specific
site plan approved by the City Commission. Plans shall include all the required elements
of the site plan pursuant to the City's Land Development Regulations and
recommendations. Should compliance with recommendations result in a change that would
not be considered "minor" in accordance with Section 265-18 of the City Code, the
Applicant shall be required to obtain another approval of the City Commission.
(8) That a plot plan be submitted to the Community Development Department for their review.
The plot plan shall include all easements proffered by the Applicant to the City, including
12-Z- 17141 Collins Avenue 3
but not limited to (i) a ten-foot (10') landscaping streetscape easement as per the City
Streetscape Master Plan (the "Streetscape Easement") and (ii) a public/open space plaza
easement within the front setback area of the property (the "plaza easement"). The plot
plan shall show the type and size of plant materials, which shall be in compliance with the
City's Streetscape Master Plan. The Applicant reserves the right to include a decorative
structure within the landscape easement.
(9) That the Applicant submit a Declaration of Restrictions in recordable form acceptable to
the Community Development Department and acceptable to the City Attorney prior to
submittal for an application for building permit, which proffers: (i) including the ten-feet
(10') landscaping streetscape easement as per Streetscape Master Plan, (ii) and a plaza
easement not less than 7,500 square feet within the front setback area of the property. The
Declaration of Restrictions shall include the easements proffered to the City. The
maintenance of the easement shall be the responsibility of the Applicant. The Declaration
shall provide that the Applicant shall provide 24-hour valet parking services for owners and
guests, among other things.
(10) That in the event of multiple ownership, a homeowner's association be established in
accordance with applicable regulations to assure that all common areas and facilities for the
residents, as well as all easements dedicated to the City, shall be maintained in continuous
and satisfactory manner and without expense to the general taxpayers of the City of Sunny
Isles Beach.
(11) That the applicant comply with all conditions and permit requirements, including but not
limited to Miami-Dade County, including environmental conditions and permitting, the
Fire and Water and Sewer Departments, Florida Department of Environmental Protection
("DEP"), Florida Department of Transportation ("FDOT"), and the Federal Aviation
Administration("FAA").
(12) No building permits shall be issued (except for demolition and sales trailers) unless the
Applicant has submitted all documents referred to under this approval and shall have paid
all impact fees, bonuses and Transfer of Development Rights (if applicable), professional
fees (as per Section 265-11 and such other applicable Land Development Regulations) due
to the City.
(13) That Applicant shall obtain concurrency review approval from Miami-Dade County School
Board.
(14) That the Applicant must present evidence of performance to the Community Development
Department of the obligation required to qualify for the Floor Area Ratio bonus. In the
event that the Applicant has done so and prior to issuance of the Certificate of Occupancy
the Applicant shall acquire the following floor area ratio bonuses:
a) Beach Access Trust Fund 0.30 FAR $367,200
b) Public Beach Rec. Enhancement 0.60 FAR $734,400
c) Collins Ave Streetscape 0.60 FAR $734,400
12-Z- 17141 Collins Avenue 4
d) Sunny Isles Public Parking 0.20 FAR $244,800
e) Public Recreational Open Space 0.20 FAR $0.00 (*)
f) Educational and Cultural 0.20 FAR $244,800
The FAR bonus program consists of participation units, which in this case are equal to 38
participation bonus units (where each participation unit has a value of 0.05 FAR). In detail,
the bonus formula is the lot size (acres), times the participation units, times the price tag of
the participation unit, for this case is as follows:
• 0.85 (acres) x 38 (participation units) x $72,000 (price tag) = $2,325,600
The total contribution for all Floor Area Ratio bonuses for the development is $2,325,600
for a total increase in the floor area ratio of 2.1 for a floor area ratio of 4.6. The Applicant
shall provide the City with a non-refundable deposit in the amount of ten percent (10%) of
the approved purchase price of $2,325,600 for the FAR bonuses acquired from the City.
The total amount of the deposit is $232,560. Failure to pay the required deposit within the
three (3) working days of approval of the site plan application shall result in an automatic
voiding of the City Commission site plan approval.
(*) This is non-cash bonus under the City Code. The open space area will be located in the
front setback area of the Project in form of a plaza easement.
(15) The Applicant shall pay all fees related to the review of the application described herein
and shall have paid all other fees dues to the City.
(16) If approved, the Applicant must submit a separate building permit prior to any installation
of mural or graphics on temporary construction fencing to be approved administratively by
the City Manager or his designee.
(17) That the Applicant submits voluntarily and freely the sum of $700,000.00 to the City of
Sunny Isles Beach for park and cultural purposes to mitigate the waiver of the beach
access. The Applicant shall pay the sum of$700,000.00 based on the following terms: (a)
$200,000.00 due upon issuance of building permit; (b) $250,000.00 due one year from
issuance of building permit; (c) final payment of$250,000.00 due one year from previous
payment of$250,000.00. The installment payment after the issuance of a building permit
is subject to five percent (5%) interest per annual. Additionally, the Applicant agrees to
donate $50,000.00 to Sunny Isles Beach K-8 Trust Fund for scholarship purposes as part of
the mitigation impact to waive the beach access easement requirement. The $50,000.00
mitigation shall be paid directly to the Sunny Isles Beach K-8 Trust Fund within 15 days of
approval of the application. The total mitigation amount shall be $750,000.00. Also, the
Applicant shall enter into a promissory note with the City regarding the installment
payments.
12-Z- 17141 Collins Avenue 5
B. CONDITIONS TO BE COMPLETED BEFORE ANY CERTIFICATE OF
OCCUPANCY IS ISSUED.
(18) That the Applicant shall underground all utility lines in front of the proposed project
condominium complex, and at the time of underground utility lines for the project, the
Applicant shall also install decorative sidewalk pavers consistent with decorative sidewalk
pavers installed by the City on the west side of Collins Avenue. The decorative sidewalk
pavers shall be installed from the northern boundary of the property to the southern
boundary of the property. Approval of the City Manager or designee is required prior to
installation of decorative sidewalk pavers.
(19) Under Section 267-4 of the City Code, the City Manager and/or his/her designee in review
of any application, may refer any such application presented to it to such engineering,
planning, legal, technical, or environmental consultant or professional(s) employed by the
City as the Manager shall deem reasonably necessary to enable him/her to review such
application as required by law. Charges made by such consultants or professionals shall be
in accord with the charges customarily made for such services in Miami-Dade County, and
pursuant to an existing contractual agreement by and between the City and such consultant.
Charges made by the City shall be in accord with the hourly rates charged by such
consultants or hourly rates of employed professionals and shall be paid within 30 days on
submission of City voucher.
(20) At the time of submission of any application or thereafter, it is required that an escrow
account be established, from which withdrawals shall be made to reimburse the City for the
cost of professional review services, if any. The Applicant shall then provide funds to the
City for deposit into such account in an amount to be determined by the City Manager,
based on his/her evaluation of the nature and complexity of the application. The Applicant
shall be provided with copies of any City voucher for such services as they are submitted to
the City. When the balance in such escrow is reduced to one-third (1/3) of its initial
amount, the applicant shall deposit additional funds into such account to bring its balance
up to the amount of the initial deposit. If such account is not replenished within thirty-days
(30) after the applicant is notified, in writing, of the requirements for such additional
deposit, the City may suspend its review of the application. An application shall be deemed
incomplete if any amount shall be outstanding. A building permit or Certificate of Use
and Certificate of Occupancy shall not be issued unless all professional review fees charged
in connection with the applicant's project have been reimbursed to the City. Once all
pertinent charges have been paid, the City shall refund to the Applicant any funds
remaining on deposit.
(21) The Applicant shall furnish payment and performance bond in an amount determined by
the Building Official to ensure Applicant's performance of public improvements required
pursuant to site plan approval and in accordance with recommendations of the Building
Official after review of construction plans submitted based on development approval
granted herein. Any such bond shall be issued by a surety having a minimum rating of A-1
in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval
of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until
12-Z- 17141 Collins Avenue 6
30 days after receipt by the City, by certified mail, return receipt requested, of written
notice from the issuer of the bond of intent to cancel or not to renew". As improvements
are made the City, within its discretion, may reduce or eliminate the bond amount. These
rights reserved by the City with respect to any construction bond established pursuant to
this section are in addition to all other rights and remedies the City may have under this
Resolution, in law or in equity.
C. OTHER CONDITIONS.
(22) That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the
City upon compliance with all terms and conditions. The Certificate of Occupancy and
Certificate of Use shall be subject to cancellation upon violation of any of the conditions.
(23) That the approved site plan shall remain valid for a period of 24-months from the date of
approval. If no building permit is issued within the 24-month time period,the site plan shall
be considered null and void and of no force and effect.
(24) That the Applicant complies with all City Ordinances, County, State and Federal Laws and
Regulations applicable to development and permit approvals.
(25) All sand excavated from the property including sand from the western side of the Coastal
Construction Control Line ("CCCL") shall be cleaned and shall remain on the beach for re-
nourishment purposes in a location to be determined by Miami-Dade County Regulatory
and Economic Resources ("RER") (formerly Miami-Dade County Department of
Environmental Resources Management"DERM").
NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS
SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND
SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND PROFESSIONAL FEES (AS
PER SECTION 267-4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND
ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND
DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO
THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS (IF APPLICABLE),
OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED
PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III
HEREINABOVE HAVE BEEN TRANSFERRED.
FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE
CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE
APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH
CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY
RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT
CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY
CONSENTS TO ALL THESE TERMS AND CONDITIONS.
12-Z- 17141 Collins Avenue 7
VI.AUTHORIZATION OF CITY MANAGER
The City Manager is hereby authorized to do all things necessary to effectuate this Resolution.
VII. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any
reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall
be deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions of this Resolution.
VII. REPEALER
All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed.
VIII. EFFECTIVE DATE
This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 15th day of November, 2012.
CITY OF SUNNY ISLES BEACH,FLORIDA
By its City Commission
B .
orman S. Edelcup, Mayor
ATTEST:
Jane . ines, CMC, City Clerk
APPROVED AS TO FORM
AND LE 1% CIENCY:
4490
H. s O `•,Ci rAttorney
12-Z- 17141 Collins Avenue 8
Moved by: 4EL%013
Second by: L cR_
VOTE: "4
Mayor Norman Edelcup Imes no
Vice Mayor Thaler -es no
Commissioner Aelion j4es no
Commissioner Gatto ✓es no
Commissioner Scholl yes io
12-Z- 17141 Collins Avenue 9
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. 12-Z-132 adopted by the City
Commission at its meeting held on the 15th day of November 2012.
Issued this 20 day of November, 2012.
Jane A. Hines, CMC, City Clerk
12-Z- 17141 Collins Avenue 10
SVplNY ' - City f Sunny sles Beach City Commission
11.<91t,
y y Norman S.Edelcup,Mayor
ICI 18070 Collins Avenue Lewis J.Thaler,Vice Mayor
AI'. Jeanette Gatto,Commissioner
= Sunny Isles Beach,Florida 33160 Isaac Aelion,commissioner
CI
* ` � * George"Bud"Scholl,Commissioner
** ** (305)947-0606 City Hall
a 's�=rry \pP �P (305)949-3113 Fax Christopher J.Russo,City Manager
ti•c '* F 0 5 (305)947-2150 Building Department Hans Ottinot,City Attorney
,'r o F SUS ''� (305)947-5107 Fax Jane A.Hines,City Clerk
MEMORANDUM
TO: The Honorable City Commission
VIA: Christopher Russo, City Manager
FROM: Claudia Hasbun
City Planner
DATE: November 15, 2012
RE: Unique—Palermo Beach,LLC
17141 Collins Avenue
Appl. No.Z2012-14
REQUEST:
The Applicant is applying for site plan review for a proposed development encompassing
a 42 story, and 64 unit condominium with 222,245 square feet. The proposed project is
intended to utilize the maximum 2.1 Floor Area Ratio (FAR) bonuses. The Applicant is
also applying for transfer of development rights (TDRs) in the amount of 51,287 square
feet of floor area and 27 dwelling units from the Private TDR Bank account. The
Applicant is requesting a waiver of the required beach access easement for public safety
reasons. Further, the Applicant is seeking approval of the use of mural and graphics on
temporary construction fencing.
The Applicant's property is located at 17141 Collins Avenue. A previous site plan was
approved for a 27-story, 69-unit residential development pursuant to Resolution No. 05-
Z-99, adopted on December 8, 2005 for the Da Vinci project.
RECOMMENDATION:
The application is generally consistent with the City Comprehensive Plan and with the
City Land Development Regulations.
ATTACHMENTS:
Zoning Hearing Notice
Development Review Report
Application(including Letter of Intent)
Site and Landscape Plans
CITY OF SUNNY ISLES BEACH
crt NOTICE OF ZONING HEARING
Fa
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,
November 15,at 6:30 p.m., to consider the following Zoning application:
Application: Unique
Location: 17141 Collins Avenue
Public Hearing#: Z2012-14
Summary:
The Applicant is requesting approval of a site plan for a 42 story, 64 unit condominium
building with 222,245 square feet of floor area ratio (FAR). The Applicant is also requesting
Transfer of Development Rights (TDRs) in the amount of 51,287 square feet of floor area and 20
dwelling units from private TDR Bank account. The Applicant is seeking a waiver for the
required beach access easement for public safety reasons, and approval of the use of mural and
graphics on temporary construction fencing.
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a site plan approval for a 42 story building with
64 condominium units.
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting to approve the utilization of private TDRs in the
amount of 51,287 square feet of development rights and 20 dwelling units.
3. Pursuant to Section 265-35(D)(8) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a waiver of the required beach access easement
for public safety reasons.
4. Pursuant to Section 265-63.3 (G) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of graphics and murals on temporary
construction fencing.
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "Unique Condominium", prepared by Kobi Karp Architecture and Interior
Design, Inc. consisting of 25 sheets stamped date received 10/29/12; the survey entitled
"Boundary &Topographic Survey", prepared by Fortin, Leavy, Skiles, Inc., consisting of
1 sheet updated 9/11/2012; the Civil Plan prepared by VSN Engineering, Inc. consisting
of 11 sheets stamped date received 10/29/12; and, the landscape plans by Kobi Karp
Architecture and Interior Design consisting of 3 sheets stamped date received 10/29/12.
Plans subject to change.
Legal: Portion of Govt. Lot 6. The North 100 Feet of the South 300 Feet of Lot 2, Tatum's Ocean
Park Subdivision, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of the
Public Records of Miami-Dade County, Florida, lying East of the East Right-Of-Way line of
State Road A-1-A
Size of Property: 0.85acres(37,165 sq ft)
Zone: Mixed Use-Resort(MU-R)
All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing
addressed to the City Clerk, City of Sunny Isles Beach, 18070 Collins 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 Clerk at(305) 792-1703. Please refer to the hearing number when making an
inquiry. If a person decides to appeal any decision made by the City Commission with respect to any matter
considered at such meeting or hearing, they will need a record of the proceedings and, for such purpose, may need
to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or
admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the
City Manager at 305-792-1701, no later than 48 hours prior to the proceeding; if hearing impaired, please
telephone the TDD line at 305-792-1590 for assistance.
Created: 10/17/12 CH
Revised: 10/18/12 AAD
Revised: 10/23/2012 CH
Revised: 10/29/2012 CH
Revised: 10/29/2012 HO
Revised: 10/30/12 CH/AAD
Revised: 10/31/12 CH
Revised: 11/5/2012 HO
Revised: 11/8/2012 CH
SUNNY ,st,
ti • `I i
yF 7*FLOP\ `'4.
C/rr OF SUN PxO
CITY OF SUNNY ISLES BEACH
DEVELOPMENT REVIEW REPORT
UNIQUE CONDOMINIUM
I. PROJECT SUMMARY
Application Number: Z2012-14
Application Summary: The Applicant is applying for site plan review for a proposed
development encompassing a 42 story, and 64 unit condominium
with 222,245 square feet. The proposed project is intended to utilize
the maximum 2.1 Floor Area Ratio (FAR) bonuses. The Applicant is
also applying for transfer of development rights (TDRs) in the
amount of 51,287 square feet of floor area and 27 dwelling units
from the Private TDR Bank account. The Applicant is requesting a
waiver of the required beach access easement for public safety
reasons. Further, the Applicant is seeking approval of the use of
mural and graphics on temporary construction fencing.
The Applicant's property is located at 17141 Collins Avenue. A
previous site plan was approved for a 27-story, 69-unit residential
development pursuant to Resolution No. 05-Z-99, adopted on
December 8, 2005 for the Da Vinci project.
Applicant/Owner: Palermo Beach, LLC
2875 NE 191 Street # 81
Aventura, FL 33180
II. SITE INFORMATION
1
U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-14 UNIQUE
Created: 10/17/12 CH
Revised: 10/18/12 AAD
Revised: 10/23/2012 CH
Revised: 10/29/2012 CH
Revised: 10/29/2012 HO
Revised: 10/30/12 CH/AAD
Revised: 10/31/12 CH
Revised: 11/5/2012 HO
Revised: 11/8/2012 CH
Land Area: 0.85 Acres (37,165 sq. ft.)
(Survey updated September 11, 2012)
Location: 17141 Collins Avenue
Folio: 31-2211-004-0110 (reference folio)
Legal Description: Portion of Govt. Lot 6
The North 100 Feet of the South 300 Feet of Lot 2, Tatum's Ocean
Park Subdivision, according to the Plat thereof, as recorded in Plat
Book 10, Page 64, of the Public Records of Miami-Dade County,
Florida, lying East of the East Right-Of-Way line of State Road A-1-A
Land Use: Mixed Use - High Density Resort (MUHDR)
This category is intended to provide for resort style developments
(hotels, hotel-apartments and resorts), high quality residential
apartments (as-of-right 50 DUs/acre and 2.5 F.A.R.) and associated
internal accessory uses (restaurants and other convenience
services). Residential densities with bonuses may not exceed eighty
(80) units per acre for apartments. The density may be increased by
the utilization of TDRs.
Zoning: Mixed Use Resort (MU-R)
This district provides for multifamily dwellings at a maximum density
of 80 dwelling units per acre, hotels, motels and apartment-hotels,
commercial services and retails goods internal to the buildings and
conferencing facilities. The density may be increased by the
utilization of TDRs.
Adjacent Properties:
Existing Use Zoning Land Use Plan
North Ocean Four MU-R MU-HDR
East Atlantic Ocean N/A --
South Jade Ocean MU-R MU-HDR
West Commercial B-1 N-B
III. REQUEST
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a site plan approval for a 42 story building with
2
U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-14 UNIQUE
Created: 10/17/12 CH
Revised: 10/18/12 AAD
Revised: 10/23/2012 CH
Revised: 10/29/2012 CH
Revised: 10/29/2012 HO
Revised: 10/30/12 CH/AAD
Revised: 10/31/12 CH
Revised: 11/5/2012 HO
Revised: 11/8/2012 CH
64 condominium units.
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the utilization of private TDRs in the amount of
51,287 square feet of development rights and 27 dwelling units.
3. Pursuant to Section 265-35 D.(8) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a waiver of the required beach access easement
for safety reasons.
4. Pursuant to Section 265-63.3 (G) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of graphics and murals on temporary
construction fencing.
IV. ZONING REVIEW
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "Unique Condominium", prepared by Kobi Karp Architecture and Interior Design,
Inc. consisting of 25 sheets stamped date received 10/29/12; the survey entitled
"Boundary & Topographic Survey", prepared by Fortin, Leavy, Skiles, Inc., consisting of 1
sheet updated 9/11/2012; the Civil Plan prepared by VSN Engineering, Inc. consisting of
11 sheets stamped date received 10/29/12; and, the landscape plans by Kobi Karp
Architecture and Interior Design consisting of 3 sheets stamped date received 10/29/12.
1. 265-35.D (1) Minimum Lot Area and Width: Not applicable, property platted prior
the adoption of these LDRs.
Required: lot width — N/A; lot area — N/A
Provided: lot width — 100.49 feet; lot area — 37,165 square feet
2. 265-35.D (2) & 265-23 (2) (f) Maximum Height: Complies.
Allowed: FAA Guidelines Apply
Provided: 586 feet.
3. 265-35 D (3) Lot Coverage: Complies.
Allowed: 60% maximum.
Provided: 60.0%
4. 265-35.D(4):Setbacks:
I Required I Provided
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Front
Tower 75 feet 129 feet 8 inches
Complies.
Pedestal 75 feet 75 feet 0 inches
Complies.
Rear Bulkhead line or 20' from the rear 64 feet 0 inches
property line, whichever is closer (Tower) Complies.
to Collins Ave. 82 feet 0 inches
(Pedestal) Complies.
Side North
Tower 20 feet 20 feet. Complies.
Garage Three-foot setback for each two 4 feet 6 inches.
feet of building height up to a Complies.
maximum setback of 20 feet.
Side South
Tower 20 feet 20 feet. Complies.
Garage Three-foot setback for each two 4 feet 6 inches.
feet of building height up to a Complies.
maximum setback of 20 feet.
5. 265-35. D (6) Maximum Building Width: Complies.
Allowed: Maximum 60% of lot width for properties under 200 feet in width or 60 feet.
Provided: 60% or 60 feet.
6. 265-35.D (8) Beach Access Easement: Waiver requested
Required: 20 feet wide and located within a required side yard setback.
Provided: None
7. 265-35.D (9) Floor Area Ratio: Requires City Commission Approval of TDRs
for compliance.
Maximum floor area ratio (265-35.D(9)(b)):
Permitted: Base 2.50 (92,912.5 square feet); with FAR Bonus and TDRs 5.98-
(222,249 square feet).
Provided: 5.98 with bonus FAR and TDRs— 222,245 square feet.
8. 265-35.D (10) Maximum Dwelling Unit Density: Requires City Commission
Approval of TDRs for compliance.
Allowed: 50 dwelling units/acre (42 dwelling units) — Base number
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Allowed with bonus FAR (80 dwelling units/acre) and TDRs (30% of Base plus FAR
bonus): 88 dwelling units.
Provided: 64 dwelling units/acre with bonus FAR and TDRs.
9. 265-35.D (11) Minimum Unit Size: Complies.
Required: 550 square feet
Provided: Complies —All units are proposed to be 3,100 square feet in size.
10. 265-35.D (13) Parking Garage/rooftop: Complies.
Allowed: 5% Maximum (6 spaces)
Provided: 1.5% (2 spaces)
11. 265-35 (15) Open Space: Complies.
Required: 40% minimum landscaped area
Provided: 40.0%
12. 265-46 Parking:
Required Provided Comments
Regular
(Residential) 128 131 Complies
(Guest) 0 0
(Tandem)* (100% allowed) 131 Complies.
(Commercial) 1 1
Handicap 2 Per F.S. ch. 553 2 Complies.
pt. V
TOTAL 126 134 Complies.
Loading 1 (11' x 35') 1(11' x 35') Complies.
(*) Parking operated by Boomerang Automated Parking Systems
13. 265-56(A) Signage: Complies.
Allowed: Max 78 sq ft
Provided: Max 78 sq ft
14. 265-63.3(G) Construction Fencing: Requires City Commission Approval.
15. 265-74 Lighting: Complies
Required: Spillover shall not exceed 0.5 footcandles measured vertically along the
property line at the perimeter of the property.
Provided: Photometric plan has been provided.
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V. PLANNING REVIEW:
1. Comprehensive Plan
The proposed development is generally consistent with the following policies of the City
of Sunny Isles Beach Comprehensive Plan.
Future Land Use Element
Policy 1A. The City of Sunny Isles Beach shall give priority to in-fill development on
vacant sites, and redevelopment of existing, obsolete commercial and beachfront
development.
This development proposal seeks to develop a vacant beachfront parcel.
Policy 10B. ...maintaining view corridors and promoting compatible relationships with
adjacent properties and the beachfront...
This policy provides the language to protect the greatest natural resource the City
has, the beach, and visual access to it. Developments occurring on the east side
of Collins Avenue should offer ocean view opportunities to properties west of
Collins Avenue by providing adequate spacing between developments. The City's
zoning code requires appropriate side setbacks to accommodate these valued
view corridors.
Adequate spacing between developments serves to promote better relationships
between adjacent properties. Spacing helps to mitigate the impact of any one
development on its neighboring properties. The City's zoning code recognizes the
impact that larger buildings on larger properties would have on adjacent properties
and accordingly requires a greater side setback for these larger buildings.
Adequate spacing between developments also reduces the impact that a wall of
closely spaced buildings would otherwise have on the beachfront.
The spacing provided in the development proposal fully supports the intent of
policy 10B.
Policy 10B ...to provide expanded public pedestrian circulation space...
Collins Avenue is the Main Street of the City. It also connects the beach with the
rest of the community, generating most of the pedestrian activity. The City aims to
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create a safe yet enjoyable area along Collins Avenue by building open inviting
spaces promoting pedestrian activity.
The current building design proposed by the developer will provide an open
inviting pedestrian space along Collins Avenue in keeping with the City's
Streetscape Master Plan.
2. Transfer Development Rights
The Applicant is requesting to approve the utilization of private TDRs in the amount of
51,287 square feet of development rights and 27 dwelling units. The private TDRs are
from Palermo Beach, LLC account in the amount of 58,500 square feet and 30 dwelling
units. The effect of the TDR's purchase and approval on the project would be an
increase in F.A.R. The Applicant shall provide the necessary documents to establish
ownership of the TDRs.
3. Traffic Engineering
Traffic Impact Analysis:
The traffic study was done by David Plummer & Associates, Inc. dated October 2012 and
submitted by the Applicant on 10/30/12. The study analyzed the Unique project and
concluded that intersections currently operate, and will continue to operate within the
City's adopted LOS standards.
VI. FINAL ANALYSIS
Based on the above review, the application is generally consistent with the City's
Comprehensive Plan and the City's Land Development Regulations. As a point of
information, the City previously approved the Da Vinci site plan on December 8, 2005
which was a similar development on the same property. However, the Unique project
has less density.
Staff finds the beach access waiver to be appropriate in this case due to the fact that
there are existing beach access points adjacent to this property both to the South and
North. The creation of a new beach access would be a safety hazard. Moreover, Staff
finds the use of murals and graphics on temporary construction fencing is warranted. At
this time, City Staff has no objection to the Applicant's requests, and Zoning/TDRs
applications.
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Revised: 1 1/8/2012 CH
VII. CONDITIONS
If the City approves this application, the application will be subject to the following
conditions set forth in Section VII.
Conditions to be completed before demolition, below grade or building permits are
issued.
1. If applicable, a Miami-Dade County tree removal permit must be secured and attached to
the landscape permit application prior to demolition.
2. Palms along Collins Avenue must be at least 12' clear-wood Medjool Palms to be
consistent with the City Streetscape Master Plan.
3. That the Applicant provides the Lighting/Photometric Plan prior to building permit.
4. That the Applicant provides the Signage and Pavement Marking Plan prior to building
permit.
5. The Applicant shall submit any and all other documentation and/or payments required by
the City to effectuate the purchase of transfer of development rights from the City or
Private Owners and further procedures being developed to effectuate this program,
notwithstanding the fact that such procedures may be formally adopted subsequent to
this particular approval, prior to submitting for building permit.
6. Upon the submittal of an application for a building permit, the plans submitted shall be
approved by the Community Development Department and be consistent with the
specific site plan approved by the City Commission. Plans shall include all the required
elements of the site plan pursuant to the City's Land Development Regulations and
recommendations. Should compliance with recommendations result in a change that
would not be considered "minor" in accordance with Section 265-18 of the City Code; the
Applicant shall be required to obtain another approval of the City Commission.
7. That a plot plan be submitted to the Community Development Department for their
review. The plot plan shall include all easements proffered by the Applicant to the City,
including but not limited to (i) a ten-foot (10') landscaping streetscape easement as per
the City Streetscape Master Plan (the "Streetscape Easement") and (ii) a public/open
space plaza easement (the "plaza easement"). The plot plan shall show the type and
size of plant materials, which shall be in compliance with the City's Streetscape Master
Plan. The Applicant reserves the right to include a decorative structure within the
landscape easement.
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Revised: 10/29/2012 HO
Revised: 10/30/12 CH/AAD
Revised: 10/31/12 CH
Revised: 11/5/2012 HO
Revised: 11/8/2012 CH
8. That the Applicant submit a Declaration of Restrictions in recordable form acceptable to
the Community Development Department and acceptable to the City Attorney prior to
submittal for an application for building permit, which proffers: (i) including the ten-feet
(10') landscaping streetscape easement as per Streetscape Master Plan, (ii) and a plaza
easement; The Declaration of Restrictions shall include the easements proffered to the
City. The maintenance of the easement shall be the responsibility of the Applicant. The
Declaration shall provide that the Applicant shall provide 24-hour valet parking services
for owners and guests, among other things.
9. That in the event of multiple ownership, a homeowner's association be established in
accordance with applicable regulations to assure that all common areas and facilities for
the residents, as well as all easements dedicated to the City, shall be maintained in
continuous and satisfactory manner and without expense to the general taxpayers of the
City of Sunny Isles Beach.
10. That the Applicant comply with all conditions and permit requirements, including but not
limited to Miami-Dade County, including environmental conditions and permitting, the
Fire and Water and Sewer Departments, Florida Department of Environmental Protection
(DEP), Florida Department of Transportation (FDOT), and the Federal Aviation
Administration (FAA).
11. No building permits shall be issued (except for demolition and sales trailers) unless the
Applicant has submitted all documents referred to under this approval and shall have
paid all impact fees, bonuses, and Transfer of Development Rights (if applicable),
professional fees (as per Section 265-11 and such other applicable Land Development
Regulations) due to the City.
12. That Applicant shall obtain concurrency review approval from Miami-Dade County School
Board.
13. That the Applicant must present evidence of performance to the Community
Development Department of the obligation required to qualify for the Floor Area Ratio
bonus. In the event that the Applicant has done so and prior to issuance of the
Certificate of Occupancy the Applicant shall acquire the following floor area ratio
bonuses:
a) Beach Access Trust Fund 0.30 FAR $ 367,200
b) Public Beach Rec. Enhancement 0.60 FAR $ 734,400
c) Collins Ave Streetscape 0.60 FAR $ 734,400
d) Sunny Isles Public Parking 0.20 FAR $ 244,800
e) Public Recreational Open Space 0.20 FAR $ 0.00 (*)
f) Educational and Cultural 0.20 FAR $ 244,800
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Revised: 11/8/2012 CH
The FAR bonus program consists of participation units, which in this case are equal to 38
participation bonus units (where each participation unit has a value of 0.05 FAR). In
detail, the bonus formula is the lot size (acres), times the participation units, times the
price tag of the participation unit, for this case is as follows:
• 0.85 (acres) x 38 (participation units) x $72,000 (price tag) = $ 2,325,600
The total contribution for all Floor Area Ratio bonuses for the development is $2,325,600
for a total increase in floor area ratio of 2.1 for a floor area ratio of 4.6. The Applicant
shall provide the City with a non-refundable deposit in the amount of ten percent (10%)
of the approved purchased price of $2,325,600 for the FAR bonuses acquired from the
City. The total amount of the deposit is $232,560. Failure to pay the required deposit
within the three (3) working days of approval of the site plan application shall result in an
automatic voiding of the City Commission site plan approval.
(*) This is non-cash bonus under the City Code. The open space area will be located in
the front setback area of the Project in the form of a plaza easement.
14. The Applicant shall pay all fees related to the review of the application described herein
and shall have paid all other fees due to the City.
15. If approved, the Applicant must submit a separate building permit prior any installation of
murals or graphics on temporary construction fencing to be approved administratively by
the City Manager or designee.
16. That the Applicant submits voluntarily and freely the sum of $700,000.00 to the City of
Sunny Isles Beach for park and cultural purposes to mitigate the waiver of the beach
access. The Applicant shall pay the sum of $700,000.00 based on the following terms:
(a) $200,000.00 due upon issuance of building permit; (b) $250,000.00 due one year
from issuing of building permit; and (c) final payment of $250,000.00 due one year from
previous payment of $250,000.00. The installment payment after the issuance of a
building permit is subject to five percent (5%) interest per annual. Additionally, the
Applicant agrees to donate $50,000.00 to Sunny Isles Beach K-8 Trust Fund for
scholarship purposes as part of the mitigation impact to waive the beach access
easement requirement. The $50,000.00 mitigation shall be paid directly to the Sunny
Isles Beach K-8 Trust Fund within 15 days of approval of the application. The total
mitigation amount shall be $750,000. Also, the Applicant shall enter into a promissory
note with the City regarding the installment payments.
Conditions to be completed before any Certificate of Occupancy is issued.
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17. That the Applicant shall underground all utility lines in front of the proposed project
condominium complex, and at the time of underground utility lines for the project, the
Applicant shall also install decorative sidewalk pavers consistent with decorative
sidewalk pavers installed by the City on the west side of Collins Avenue. The decorative
sidewalks shall be installed from the northern boundary of the property to the southern
boundary of the property.
18. Under Section 267-4, the City Manager and/or his/her designee in review of any
application, may refer any such application presented to it to such engineering, planning,
legal, technical, or environmental consultant or professional(s) employed by the City as
the Manager shall deem reasonably necessary to enable him/her to review such
application as required by law. Charges made by such consultants or professionals shall
be in accord with the charges customarily made for such services in Miami-Dade County,
and pursuant to an existing contractual agreement by and between the City and such
consultant. Charges made by the City shall be in accord with the hourly rates charged
by such consultants or hourly rates of employed professionals and shall be paid within 30
days on submission of City voucher.
19. At the time of submission of any application or thereafter, it is required that an escrow
account be established, from which withdrawals shall be made to reimburse the City for
the cost of professional review services, if any. The Applicant shall then provide funds to
the City for deposit into such account in an amount to be determined by the City
Manager, based on his/her evaluation of the nature and complexity of the application.
The Applicant shall be provided with copies of any City voucher for such services as they
are submitted to the City. When the balance in such escrow is reduced to one-third (1/3)
of its initial amount, the applicant shall deposit additional funds into such account to bring
its balance up to the amount of the initial deposit. If such account is not replenished
within thirty-days (30) after the applicant is notified, in writing, of the requirements for
such additional deposit, the City may suspend its review of the application. An
application shall be deemed incomplete if any amount shall be outstanding. A building
permit or Certificate of Use and Certificate of Occupancy shall not be issued unless all
professional review fees charged in connection with the applicant's project have been
reimbursed to the City. Once all pertinent charges have been paid, the City shall refund
to the Applicant any funds remaining on deposit.
20. The Applicant shall furnish payment and performance bond in an amount determined by
the Building Official to ensure Applicant's performance of public improvements required
pursuant to site plan approval and in accordance with recommendations of the Building
Official after review of construction plans submitted based on development approval
granted herein. Any such bond shall be issued by a surety having a minimum rating of A-
1 in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the
approval of the City, and shall provide that "this bond may not be cancelled or allowed to
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lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of
written notice from the issuer of the bond of intent to cancel or not to renew". As
improvements are made the City, within its discretion, may reduce or eliminate the bond
amount. These rights reserved by the City with respect to any construction bond
established pursuant to this section are in addition to all other rights and remedies the
City may have under this Resolution, in law or in equity.
Other Conditions:
21. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the
City upon compliance with all terms and conditions. The Certificate of Occupancy and
Certificate of Use shall be subject to cancellation upon violation of any of the conditions.
22. That the approved site plan shall remain valid for a period of 24-months from the date of
approval. If no building permit is issued within the 24-month time period, the site plan
shall be considered null and void and of no force and effect.
23. That the Applicant complies with all City Ordinances, County, State and Federal Laws
and Regulations applicable to development and permit approvals.
24. All sand excavated from the property including sand from the western side of the Coastal
Construction Control Line ("CCCL") shall be cleaned and shall remain on the beach for
re-nourishment purposes in a location to be determined by Miami-Dade County
Regulatory and Economic Resources ("RER") (formerly Miami-Dade County Department
of Environmental Resources Management "DERM").
(END)
12
U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-14 UNIQUE
WEISS SEROTA HELFMAN
PASTORIZA COLE & BONISKE, P.L.
• MITCHELL BIERMAN,P.A. ATTORNEYS AT LAW ADRIAN J.ALVAREZ
NINA L.BONISKE,P.A. A PROFESSIONAL LIMITED LIABILITY COMPANY LILLIAN M.ARANGO
• MITCHELL J.SURNSTEIN,P.A. INCLUDING PROFESSIONAL ASSOCIATIONS SARA E.AULbE0
JAMIE ALAN co LE,P.A. ROBERT H.bE FLESCO
STEPHEN J.HELFMAN,RA. BROOKE P.DOLARA
GILBERTO PASTORIZA.,P.A. NIAMI-DADS OFFICE
RAQUEL ELEJASARRIETA
MICHAEL'S.POPOK,P.A. 25E5 PONCE DE LEON BOULEVARD CHAD S.FRIEDMAN
JOSEPH H.SEROTA,P.A. SUITE 700
ERIC P.HOCKMAN
SUSAN L.TREVARTHEN,P.A. HARLENESILVERN KENNEDY'
RICHARD.JAY WEISS,P.A. CORAL GABLES,FLORIDA 33134 KAREN LIEBERMAN'
DAVID N.WOLPIN,P.A. JOHANNA M.LUNDGREN
ALEIDA MARTINET MOLINA'
DANIEL L,ABBOTT TELEPHONE 305-864-0600 KATHRYN N.MEHAFFEY
GARY L.BROWN FACSIMILE 305-854-2323 A.MEYERS'E323 MATTHEW PEARL
JONATHAN M.COHEN WWW.WSH-LAW.COM TIMOTHY M.RAVICH•
IGNACIO G.DEL VALLE -
JEFFREY D.DECARLO 'FROWARD OFFICE AMY J.SANTIAGO
GAIL O.SCROTA.
ALAN L.GABRIEL ZOO EAST BROWARD BOULEVARD•SUITE 1900 JONATHAN C.SHAMUS
DOUGLAS'R.GONZALES
EDWARD G.GUEDEB FORT LAUDERDALE,FLORIDA 33301 ESTRELLITAS.SIBIZA
JOSEPH HERNANDEZ TELEPHONE 964763424E •FACSIMILE 9547784-7770 ALISON F.SMITH
JOSHUA D.KRUT ANTHONY C.SOROKA
MATTHEW H.MANDEL
EDUARDO M.SOTO
ALEXANDER L PALENZUELA-MAORI OF COUNSEL JOANNA O.THOMSON
ANTHONY L.RECIO PETER D.WALDMAN'
BRETT J.SCHNEIDER SAMUEL I.ZESKIND
CLIFFORD A.SCHULMAN
ABIGAIL WATTS-FITZGERALD October 26,2012 U E \-]
LAURA K.WENDELL U
JAMES E.WHITE 111 Ms.Cl: dia Hasbun,Zoning Administrator OCT 2 6 2012
City of Sunny Isles Beach - I
18070 Collins Ave., Suite 250
Sunny Isles Beach,Florida 33160 p�ANNING &ZONING DEPT.
Re: Second Amended Letter.of Intent/The "Unique"/Property located at 17141
Collins Avenue/Application for Site Plan Approval/Approval of the Use of
Private TDRs/Approval for the Use of Certain Bonuses to Increase Floor Area
Ratio/ Waiver of Beach Access and Approval of Alternative Beach Access/
Approval of Use of Mural and Graphics on Temporary Construction Fencing
Dear Ms.Hasbun:
On behalf of Palermo Beach, LLC (the "Applicant"), the developer of the "Unique"
residential project located at the above referenced address (the "Property"), we respectfully
submit this amended letter of intent in connection with your Department's ordinances, rules and
regulations for filing a Public Hearing Application in the City of Sunny Isles Beach.In 2005,the
Commission approved Application Number Z2005-02 for the project then known as"Da Vinci"
which was a 27 story, 69 unit residential development. As a result of the financial crisis, that
project was abandoned.
The Applicant has a new proposal for the Property and respectfully seeks approval to
develop 64 oceanfront residential units. In order to effectuate this proposal, the Applicant
respectfully requests the following:
(1) site plan approval adopting the redevelopment plans entitled"Unique" as
prepared by architect Kobi Karp;
Ms.Claudia Hasbun,Zoning Administrator
October 26,2012
Page 2
(2) approval of the utilization of 51,287 square feet and 20 units of private
Transferred Development Rights(TDRs)in accordance with Section 265-
23 of the City's Land Development Regulations(LDRs);
(3) approval of an increase in floor area ratio in accordance with Section 265-
; 35 utilizing the following bonuses:
• 0.20-EDUCATIONAL AND CULTURAL INFRASTRUCTURE
BONUS;
• 0.30-BEACH ACCESS TRUST FUND;
• 0.60 - COLLINS AVENUE IMPROVEMENT TRUST
FUND;
• 0.60-PUBLIC BEACH RECREATION ENHANCEMENT;
• 0.20- PUBLIC OCEANFRONT PARK & OPEN SPACE
ENHANCEMENT
• 0.20-PUBLIC PARKING BONUS;
(4) waiver and approval of substituted beach access easement, pursuant to
Section 265-35(D)(8);
(5) approval for the use of mural and graphic design on temporary
construction fence,pursuant to 265-57(G).
Please note, as a part of our request, the Applicant intends to construct a 7,500 square
foot publicly accessible plaza and art sculpture to be located along Collins Avenue. This plaza
will enhance the aesthetics of Collins Avenue and will provide an interconnection between the
existing public beach access points on the north and south of Property.
We believe that the requested waiver of beach access is appropriate since the subject
parcel is located mid-block and approximately 165' from the closest pedestrian cross-walk to the
north and approximately 288' from the closest pedestrian cross-walk to the south. Moreover,the
subject property is bracketed with existing beach access easements on the north(Ocean IV)and
on the south(Jade Ocean). Due to the property's mid-block location,we respectfully submit that
in the interest of protecting the public safety and welfare,provision of a beach access way at this
midblock location would constitute a potential safety hazard and an inducement to illegal
pedestrian crossing of Collins Avenue.
WE/SS SEROTA HELFMAN
PASTORIZA COLE & BONISKE, P.L.
Ms.Claudia Hasbun,Zoning Administrator
October 26,2012
Page 3
No variances are requested as part of this application.
We submit that the requested approvals are consistent with the provisions of the City's
Comprehensive Plan and are compatible with the surrounding area.
Your favorable consideration of our request is requested. Please feel free to contact me
for any further information.
Very truly yon,
•
Clifford A. Schulman
CAS/msr
2400.001
cc: Mr.Matt Picard
Mr.Ivan Ramirez
Mr.Alexis Weinberg
WEISS SEBOrA HEi.Frsa.N
PASTORIZA COLE & BONISBE, P.L.
•
osNY,d4p._ PUBLIC HEARING APPLICAT C II \ E ii .
4/ He l
"''`'-1, .114 OCT - . 2012 iii
Date _.
/� Z
•\ /
f, ,,�p`o�,� Folio
PLANNING &ZONING DEPT.
C�tr Of W14°'
IJ 1. Proposed Project Name: _ :Unique
2. Name of Applicant Palermo Beach.LLC
a. If applicant is the owner, give name exactly as recorded on deed.
b. If applicant is lessee, attach copy of valid Iease of one(I) year or more and
Property Owners Sworn-to-Consent.
c. If applicant is a corporation, partnership, limited partnership,or trustee,a
separate Disclosure of Interest form must be completed.
3. Applicant Mailing Address 2875 NE 191 Street Suite 801
City Aventura State Florida Zip 33180
Tel.# (during working hours): 305/932-6262 Other:
4. Name of Property Owner Palermo Beach.LLC
Address 2875 NE 191 Street Suite 801
City Aventura State Florida Zip 33180
Tel.# (during working hours) 305/932-6262 Other:
5. Contact Person Kobi Karp__•
Mailing Address 2915 Biscayne Boulevard.Suite 200
City Miami State Florida Zip 33137
Tel.# (during working hours) 305/573-1818 Other:
6. 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 legal description(including
section, township and range).
c. if separate request apply to different areas, provide the legal description of each
area covered by a separate request.
d. attach a separate, typed sheet if necessary. Verify the legal description is correct.
SEE ATTACHED
7. Address or location of subject property:
17141 Collins Avenue
City of Sunny Isles Beach Community Development Department
8. Size of property: 37.189 Sguare Feet Acres- .85 Acres.
9. Date subject property acquired March i,2012
term of lease years/months.
10, Does property owner own contiguous property to the subject property? If so, give
complete legal description of entire contiguous property.(If lengthy, please type on a
sheet labeled"Contiguous Property".
No.
11, Is there an option to purchase or lease the subject property or property contiguous
thereto?
No.
If yes, who are the potential purchasers or lessees?(Complete section of Disclosure of
Interest form also).
12. Present zoning classification(s): MU-R
13. 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 Change(s)
X Site Plan Approval
o Conditional Use
o Variance •
o Plat Approval
X Transfer Development Rights
o Vested Rights
o Appeals
• o Other:
14. Has a public hearing been held on this property within the last year and a half?
No.
If yes,applicants name.
Date of hearing.
Nature of hearing.
Decision of hearing.
City of Sunny Isles Beach Community Development Department
15. Is this hearing being requested as a result of violation notice? No.
If yes,give name to which violation notice was served.
Nature of violation.
16. Are there any existing structures on the property? No.
If yes,briefly describe
• 17. Is there any existing use on the property? No.
If yes,what is the use and when was it established?Use.,
Established.
•
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fI�
City of Sunny Isles Beach Community Development Department
Leeel Descrigtian of the Property,
THE NORTH 100 FEET OP T IL L SOUTH 300 FEET OF LOT 1, TATUM'S OCEAN PARK
SUBDIVISION,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 1%PAGE •
• 64,OF THE PUBLIC RECORDS OFMIAM I DARE COUNTY,FLORIDA,LYING EAST OF THE FAST
. RIGHT•OF WAYLJNE OF STATE ROAD A.14
•
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r .
OWNERSHIP AFFIDAVIT
• FOR LIMITED LIABILITY COMPANY
STATE OF 4 to ►A-
COUNTY OF H 4'41'1 -1■
Public Hearing No.
Before me,the undersigned authority, personally appeared, -3. ALex,s 11, io,,
hereinafter the Affiant(s),who being first duly sworn by me,on oath,deposes and says:
1. Affiant is the manager, or managing member of the; PAL-ex/J-(0 oico. („4G
^--� Limited Liability Company with the following
address:
,J 191 SrneT; Sv;r>< SC", A40.0144,, 33i,o
2, The Limited Liability Compan owns r. lease(circle one)the property, which is the
subject of the proposed hearing.
3. The subject property is legally described as:
ilk NW* IOO .TOri -‹/OUT)J -110 r 0f1Lor-e2 -Mr/HS ae.44,1
PuK so eow,s,tl a eLAT -,a (er. e ' , Hi H'/,- 6911Xn
4. Affiant is legally authorized to file this application for public hearing:
5. Affiant understands this affidavit is subject to the penalties of law for perjury and the
possibility of voiding of any zoning granted at public hearing.
6. Affiant understands that the matters attached to and made 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.
Witness
S Ore (VA 1 M t ga. Affit�n Signa
Print Name
Signature
,
Signature,.
Name
Sworn to and subscribed before me on this I 'day of Occolot. 2021. Affiant is personally
known to me or has produced :as Identification.
0',r DANIEL J.MIER
'•
� row.
W Ma•I rio it Notary(Stamp/Seal)
r �
*
4 IMO Commission Expires:
.i:
City of Sunny sles each Community Development Department
Public Hearing No:
RESPONSIBILITIES OF THE APPLICANT
PLEASE READ CAREFULLY BEFORE SIGNING
I hereby acknowledge that I am aware of the preliminary review of plans of the proposed project
by the Department of Environmental Protection (DEP), and/or the Department of Environmental
Resources Management (DERM),the Florida Department of Transportation (FDOT). In addition,
the Miami-Dade County Fire Department (MDFD) for the staging area of the proposed project
along with the Miami-Dade County Biscayne Bay Shoreline Development Review Committee will
review and comment for approval all development applications. These comments sometimes
include requirements for an additional public hearing before (DERM) and the Environmental
Quality Control Board, (EQCB) in 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 DEP, DERM,MDFD, and for Florida Department of
Transportation FDOT 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,DEP,BERM,MDFD,and
/or Florida Department of Transportation FDOT 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 = cos ' the
hearing and that I will be advised of any other fees that can be associa the p : is hearing
application.
A Signature ,
814.Aci'S
Print Name
II5t- ^sL x.0101
Notary: Sworn to and subscribed before me this I day of 0 C''l~0� ,
Notary Public-State of Florida
MOIL J.11111101
: N ay POND-Ole at/NM; � ; Mr Coors.140w Mw MVO My commission expires 1/1c2 3 )5
Co lotMIM•LR 1N
4-4 lhald NOM
City of Sunny Isles Beach Community Development Department
ADVERTISEMENT AND MAILING REQUIREMENTS
Please be informed that there are two more steps that need to be taken by you prior to the
public hearing to be heard.
{ *First you need to submit the legal description of the property to a firm that compiles the
name and address from the County tax record of all property owners within BOO feet radius!
of the subject property being heard by the City Commission.
Exceptions: The City will notify and solicit comments from adjacent jurisdictions and the
School Board of any request for land use amendments, variances,conditional uses or site
plan approvals which impact property Mrithin 500 feet,of a public school or[within 500 fee
of the boundaries of an adjacent jurisdiction is to be serve as per the Intergovernmental
Coordination Element(ICE) Objective 4 of the Comprehensive Master Plan.
You can choose a firm from the list provided below or use another firm. The following
are the names of several companies that you may want to use to obtain the required
mailing labels and accompanying maps, legal description and certified letter. The City of
Sunny Isles Beach does not claim responsibility for the accuracy or timely acquisition
of the information provide by these companies.
Carlos J.Madariaga Ray Hunt
Property Owners Florida Real Estate
Data Research Decisions,Inc.
Ph (305)207a1412 Ph (305)757-6884
Consuelo M.Quintana Hal Lieberman
Real Estate Data Researcher Logear Mailing
1111 S.W. 11th Avenue Ph (305)895-2492
Ph: (305) 858-2287 Fx: (305) 859-2439
*After you receive the names of the property owners, the public hearing advertisement
needs to be mailed. The City will provide a copy of the advertisement and envelopes for
mailing. The applicant makes the necessary number of copies of the advertisement as
required per number of mailing labels. The copies and envelopes are then mailed out. We
have found that it is more cost efficient for the applicant to use a mailing house because
they use bulk mail The cost associated with getting the names of the owners and the use
of the mailing house service are paid directly to the respective companies. All these steps
need to be done at least 10 days prior to the public hearing date. If you have, any
questions contact our office at (305) 792-1710. The following is the name of the mailing
company that you may want to use, however the applicant can mail their own public
hearing notice or use another mailing company.
City of Sunny Isles Beach Community Development Department
° AFFIDAVIT FOR MAILING NOTICES
HEARING NUMBER
NAME OF APPLICATION
I THE UNDERSIGNED INDIVIDUAL, DO HEREBY AFFIRM THAT ON THE DATE
REFERENCED BELOW, THE NOTICES FOR THE AFOREMENTIONED PUBLIC
HEARING NUMBER WERE RECEIVED FROM THE APPLICANT OR
REPRESENTATIVE OF ABOVE MENTIONED HEARING. SAID NOTICES WERE
POSTEMARKED AND MAILED THROUGH THE U.S.POSTAL SERVICE
! o 1111a--.
SIGNATURE DATE
City of Smmy Isles Beach Community Development Department
DISCLOSURE OF INTEREST
If the property which is the subject of the application is owned or leased by a CORPORATION,
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 LIMITED
LIABILITY COMPANY list the members 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).
�Arl i2 t 0 ` a CN
LLC Name
Name,Address and Office Percentage of Stock
3r. A11_ran S W ►J
(301.6 J
5 44.1■3 W tiu$ti's is Sa %
City of Sunny Isles Beach Community Development Department