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Home My WebLink AboutResolution Zoning 12-Z-134 RESOLUTION NO. 12-Z- 1 V4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A MINOR SITE PLAN MODIFICATION OF THE SITE PLAN APPROVED UNDER RESOLUTION 12-Z-130, ADOPTED ON SEPTEMBER 20, 2012, FOR THE PROJECT COMMONLY CALLED 400 SUNNY ISLES MARINA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 20, 2012, the City Commission approved a site plan filed by Urbis and Key International, LLLP ("Applicant") for a condominium development project located at 400 Sunny Isles Boulevard; and WHEREAS, the Applicant is seeking a minor modification to raise the lobby level of the project from 19 feet to 20 feet; and WHEREAS, the City Commission wishes to approve the minor modification request submitted by the Applicant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,AS FOLLOWS: Section 1. Approval of Minor Modification. The City Commission hereby approves the minor site plan modification of the site plan approved under Resolution 12-Z-130, adopted on September 20, 2012, for the project commonly called 4000 Sunny Isles Marina in accordance with the attached zoning report and modified site plan pages. Section 2. Authorization of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 1 S .day of J p V BcJL2012. 71/ 4,a/se/hat/I,/ orman S. Edelcup, Mayor Minor Modification 4000 Sunny Isles Boulevard ATTEST: c:::&64, 1\,_4,L.,.._, Jane A. Hines, City Clerk APPROVED AS TO FORM AN P 1 AL SUFFICIENCY: 4%-,! iLl ►' s Tinot, City Attorney Moved by: V l c t Mazy,w/ 1 Ft Seconded by: Q Yrw,n. , Vote: S_O Mayor Edelcup ✓ (Yes) (No) Vice Mayor Thaler L/(Yes) (No) Commissioner Aelion V(Yes) (No) Commissioner Gatto ✓ es) (No) Commissioner Scholl es) (No) Minor Modification 4000 Sunny Isles Boulevard Created 11/8/2012 CH isCtl.t'Y 'stk. \_ 00444t,„_ Sti D _ O 5� yF �* FLOP\ C'Tr OF SUN PNO CITY OF SUNNYISLES BEACH SITE PLAN MINOR MODIFICATION REPORT 400 SUNNY ISLES MARINA I. Project Summary Application Number: Z2012-11 400 Sunny Isles Marina Minor Modification Application Summary: The applicant is requesting a site plan modification of the previously approved development under Resolution 12-Z-130 passed and adopted by the City Commission on September 20, 2012. Applicant/Owner: Urbis and Key International, LLLP 848 Brickell Avenue, Suite 700 Miami, FL 33133 Agent: Lynn M. Dannheisser, LLC 3152 Gifford Lane Coconut Grove, Fl 33133 II. History The project to be known as the site plan for the "400 Sunny Isles Marina" was approved on September 20, 2012 passed and adopted through Resolution No. 12-Z-130. The approval consisting of two twenty-story condominium towers (230 Units) and an enclosed marina. III. Site Plan Modification (A)The Applicant is requesting the raising of the lobby ceiling by 12" inches. The approved lobby ceiling is at 19'-0" feet and the request is to raise the lobby level to 20'-0" feet, affecting the overall height of the approved project from 199'-0" feet to 200'-0" feet. IV. Code Section 265-18: Administrative Site Plan Review Section 265-18(I) (2) Minor Modification The City Manager or his/her designee shall have the discretionary authority to require City Commission review of any modification whether minor or major. An amendment shall be considered a Minor Modification if in compliance with each of the following limitations: MM-Z2012-11 400 Sunny Isles Marina,LLC 1 Created 11/8/2012 CH The applicant presented this modification of the site plan to the City stating that it met the requirements for minor modification under Section 265.18 (I) (2) of the Code of Sunny Isles Beach. Criteria for minor modification are as follows: (a) Modification does not change lot coverage, setbacks, height limitations, density or Intensity over the previous plan. Provided. (b) The change does not require a variance and meets the code requirements for the City of Sunny Isles Beach. Provided. (c) There is no change in location, size, and general site compatibility of building, lighting and signs. Provided. (d) There is no increase in the number of average daily trips Provided. (e) Change does not alter location of any points of ingress, egress, vehicular access and pedestrian patterns to the site. Provided. (f) The change does not decrease the value of or substantially change the character or location of any improvement or amenity. Provided. (g) Change to landscape material, location, planting techniques, species, or size as deemed necessary by the City Manager or his/her designee due to the availability or site conditions; and Provided. (h) The change does not result in modification or cancellation of any condition placed upon the site plan as originally approved. Provided. The proposed modifications does meet the above criteria and are therefore is deemed "minor" in nature. V. Conditions 1) All approvals under Resolution No. 12-Z-130 remain in effect. VI. Staff Analysis of Request Staff has no objection to the request. Moreover, the request is consistent with the City Comprehensive Plan and with the City Land Development Regulations. MM-Z2012-11 400 Sunny Isles Marina,LLC 2 LYNN M. DANNHEISSER, LLC 3152 Gifford Lane Coconut Grove, Florida 33133 ivnndann@aol.com November 8,2012 Chris Russo,City Manager c/o Claudia Hasbrun,City Planner City of Sunny Isles Beach VIA-E-MAIL&HAND-DELIVERY, 18070 Collins Avenue 4th Floor Sunny Isles Beach,Florida 33160 Re: 400 Sunny Isles Beach Marina Project-Request for Minor Modification Dear Mr. Russo: The undersigned represents Urbis and Key International LLC hereafter known as 400 Sunny Isles, LLC ("Applicant") who, on September 20, 2012 by Resolution No. 12-Z-130, received a site plan approval for two twenty-story condominium towers (230 units) and an enclosed commercial marina("Project") at the above-referenced site. This is an application for Minor Modification. In reviewing the construction plans which are now being prepared in preparation for the pulling of a building permit, the Applicant discovered the lobby dropped ceiling height was only eight (8') feet. Applicant believes this will affect the marketability of these units as "luxury" condominiums and the architect is proposing as a solution raising the ceiling by twelve (12") inches. This will, in turn, raise the building height by the same amount. The height approved in this site plan approval was 199 feet so the addition of twelve(12")inches will still maintain the building within the allowable 200' height. Nothing else is or will be affected. (A reduced copy of the affected pages of the Site Plans reflecting this minor modification are attached hereto, with the originals being hand-delivered by Kobi Karp under separate cover.) This modification falls under the category of a "minor modification" as described in the Sunny Isles Beach Code Section 265.18 I. (2) "Minor Modifications" which can be approved by the City Manager, if those changes and deviations are from an already approved site plan and so long as the modification does not change lot coverage, setbacks, height limitations, as well as density or intensity calculations set forth in a previously approved site plan; the change is not an alteration that would otherwise require a variance or would not meet the requirements of the Code of the City of Sunny Isles Beach; there is no change in the location, size and general site compatibility of building, lighting and signs; there is no increase in the number of average daily trips; the change does not alter the location of any points of ingress, egress, access and vehicular Mr. C. Russo,City Manager November 8, 2012 Page 2 and pedestrian patterns to the site; the changes does not substantially decrease the value of or substantially change the character or location of any improvement or amenity; the change does not result in a material modification or the cancellation of any condition placed upon the site plan as originally approved. A change in height of twelve (12') inches- a height permitted"as of right"- falls squarely within the description of a minor modification and does not otherwise affect or change the footprint, height limitations of this district, the density or intensity calculations of the site plan approval nor is it violative of any of the other required conditions for a minor modification. Applicant therefore respectfully requests the City's approval as soon as conveniently possible so it can continue with preparation of its construction drawings of this already approved gateway project for the City. Very truly yours, 4L M. Dannheisser Cc: Hans Ottinot,City Attorney Inigo Ardid Mat Picard Preview Page 1 of 2 soon.!hit City of Sunny Isles Beach (' ;'`1 18070 Collins Avenue I• Sunny Isles Beach,Florida 33160 FLo9:0) qr (305)947-0606 City Hall 4 or 5OS °'*9 (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: VIA: Christopher Russo, City Manager FROM: Claudia Hasbun, City Planner DATE: 11/15/2012 RE: 400 Sunny Isles Beach Marina 400 Sunny Isles, LLC Minor Site Plan Modification(Z2012-11) RECOMMENDATION: The request is consistent with the City Comprehensive Plan and with the City Land Development Regulations. REASONS: The Applicant is applying for minor site plan modification. The minor modification consists of raising the ceiling of the lobby by 12" affecting the overall height approved from 199'-0" to 200'-0". The Applicant has described that this modification does not affect the density, intensity, lot coverage, setbacks, and height change is within the height limitations. Moreover, the modification does not trigger any type of variance. Under Section 265-18 (I) (4) the City Manager has the discretionary authority to require City Commission review of any site plan modification whether minor or major. ATTACHMENTS: http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=918&MeetinglD=O&MeetingDate... 11/9/2012 Preview Page 2 of 2 • Staff Report- Marina Minor Modification • Letter of Intent Minor Modification • Minor Modification Resolution http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=918&MeetinglD=O&MeetingDate... 11/9/2012