HomeMy WebLinkAboutResolution Zoning 12-Z-133 RESOLUTION NO. 12-Z-J33
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING A SITE
PLAN APPLICATION (Z2012-09) SUBMITTED BY TOWN
CENTER DEVELOPMENT PROPERTIES, LLC, ST. TROPEZ III
HOLDINGS, LLC, AND ST. TROPEZ BEACH DEVELOPERS, LLC
( THE "APPLICANT") FOR AN OFFICE TOWER LOCATED AT
16690 COLLINS AVENUE; AND APPROVING A SITE PLAN FOR
TWO CONDOMINIUM TOWERS LOCATED AT 290-330 SUNNY
ISLES BOULEVARD; APPROVING THE TRANSFER OF
DEVELOPMENT RIGHTS ("TDRS") APPLICATION IN THE
AMOUNT OF 94,680 SQUARE FEET OF DEVELOPMENT RIGHTS
AND 45 UNITS FROM THE TDR BANK ACCOUNT OF THE CITY
OF SUNNY ISLES BEACH; 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, Town Center Development, LLC, St. Tropez III Holdings, LLC, and St.
Tropez Beach Developers, LLC (the "Applicant") submitted a site plan application (Z2012-09)
to the City of Sunny Isles Beach, Florida 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 modification approval for an eight (8)
story office building with 55,749 square feet that was previously approved for a
residential tower under Resolution No. 06-Z-101, adopted on July 20, 2006.
2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a variance to permit a pedestal to tower front
setback to be 20'-0" for the office building in Phase II, where a minimum of 25'-0" is
required under Section 265-38 (Summary Chart B) of the Land Development Regulations.
3. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting site plan approval for two residential towers
which contained a combined 329 units and with a total of 637,887 square feet in Phase II.
4. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the utilization of TDRs from the TDR Bank of
the City in the amount of 94,680 square feet of development rights and 45 dwelling units
for the two residential towers.
5. Pursuant to Section 265-63.3 (G) of the City of Sunny Isles Beach Land Development
12-Z- 16690 Collins Ave./290-330 Sunny Isles Blvd. 1
Regulations, the Applicant is requesting the use of graphics and murals on a temporary
construction fence.
LEGAL: Phase II:
14 52 42 2nd Rev Bella Vista PB 50-76 E'/2 of Lot 27 Lot size 100.000 x 235 or
13890-252 1188 2 F/A/U 30-2214-007-0261.
14 52 42 2nd Rev Bella Vista PB 50-76 W'/2 of Lot 27 Lot size 100.000 x 215 or
13890-252 1188 2 F/A/U 30-2214-007-0260.
14 52 42 2nd Rev Bella Vista PB 50-76 Lot 28 & Island 28 Lot size 160.000 x 200
M/L or 13890-252-1188 2 F/A/U 30-2214-007-0270.
2nd Rev. Bella Vista PB 50-76 Lot 26 Less R/W Lot size 32814 sq ft or 21072-
1453 0203 6 COC 26215-0676 02 2008 6 or 26215-0676 0208 03.
Phase III:
2nd Rev Bella Vista PB 50-76 Lot 35 & Island 35 Lot size irregular F/A/U 30-
2214-007-0350 COC 26209-4264 02 2085 5 or 26209-4264 0208 01.
2nd Rev Bella Vista PB 50-76 Lot 36 & TR A Less Beg NW cor of Lot 36 TH 3
106.26ft Ely Sely & Sly Ad 43.22 FT Swly Ad 172.96FT W42.93F N127.65F
N:Y Ad 45.97FT.
ADDRESS: 290-330 Sunny Isles Boulevard & 16690 Collins Avenue
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:
12-Z- 16690 Collins Ave./290-330 Sunny Isles Blvd. 2
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 variance is consistent with the Land
Development Regulations and the Comprehensive Master Plan of the City of Sunny Isles
Beach.
IV. APPROVAL
A. The Applicant's request for approval of site plan modification to convert a residential
tower to an office building for Phase III located at 16690 Collins Avenue is hereby
approved subject to all conditions set forth in Section IV below.
B. The Applicant's request for approval of a site plan for two residential towers consisting
of 329 units and 637,887 square feet in Phase II is hereby approved subject to all
conditions set forth in Section IV below.
C. The Applicant's request to utilize 94,680 square feet of development rights and 45 units
from the TDR Bank account of the City of Sunny Isles Beach is hereby approved subject
to all conditions set forth in Section IV below.
D. The Applicant's request the use mural and graphics for a temporary construction fence 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 St. Tropez on the Bay: Phases II and III
and on file with the City's Community Development Department entitled "St. Tropez on
the Bay Phase II—Condominium Towers IV & V, Phase III— Office Building", prepared
by axioma3, Inc. consisting of 24 sheets last revised 08.14.2012; the survey entitled"Plan
of Survey", prepared by Mario Prats Jr. & Associates, Inc., consisting of 3 sheets with a
Field Date of May 30, 2012; the Landscape Plan prepared by EGS2 Corp. consisting of
18 sheets last revised 08.14.2012.
12-Z- 16690 Collins Ave./290-330 Sunny Isles Blvd. 3
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/Sunny Isles Boulevard 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 provides the Signage and Pavement Marking Plan prior to building
permit.
6. That the Applicant submits evidence of purchase of the required 94,680 square feet and
45 units of Transfer Development Rights (TDRs) subject to the Site Plan Approval. That
the Applicant provides the City with a non-refundable deposit in the amount of ten
percent (10%) of the approved purchased price of $1,893,600 for the Transfer
Development Rights (TDRs) purchased from the City Bank. The total amount of the
deposit is $189,360. Failure to pay the required deposit within the three (3) working days
of approval of the Transfer Development Rights (TDRs) application and site plan
application shall result in an automatic voiding of the City Commission approval of the
Receiving Site, transfer of Transfer Development Rights (TDRs), and site plan approval.
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 but not limited to (i) a minimum of a seven-foot (7') Bay-walk easement along
the southern boundaries of phases II & III of St. Tropez; (ii) a pedestrian easement from
the Baywalk to Sunny Isles Boulevard between Tower IV and Tower V; and (iii) a
minimum of a seven-foot (7') easement along the western boundary of phase II. The plot
plan shall show the type and size of plant materials, lighting, outdoor furniture, and
ensure the ability to connect to adjacent properties' bay-walks which shall be in
compliance with the Miami-Dade County Shoreline Development Review Committee.
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) a minimum of a
seven-foot (7') public Bay-walk easement along the southern boundaries area from east
to west of phases II & III of St. Tropez; (ii) a pedestrian easement from the Baywalk to
Sunny Isles Boulevard between Tower IV and Tower V; and (iii) a minimum of a seven-
12-Z- 16690 Collins Ave./290-330 Sunny Isles Blvd. 4
foot (7') easement along the western boundary of phase II, connecting the western end of
the Bay-walk to Sunny Isles Boulevard. The Bay-walk shall be constructed in a manner
to permit the connection of adjacent Bay-walks. The maintenance of the easements shall
be the responsibility of the Applicant. The entrance for the Bay-walk easement at phase
III shall be a minimum of ten (10') feet. No structure shall be installed on the Bay-walk
to obstruct pedestrian mobility. The Declaration shall provide that the Applicant provides
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 complies with all conditions and permit requirements, including but
not limited to Miami-Dade County, including environmental conditions and permitting,
Shoreline Development Review Committee, the Fire and Water and Sewer Departments,
Florida Department of Environmental Protection (DEP) and Florida Department of
Transportation(FDOT).
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 Ordinance 2001-132 and such other applicable Land Development
Regulations) due to the City.
13. That the 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) Provide 100% of the required on-site parking in enclosed structures that fully
screen vehicles from exterior views in an approved architectural design which
incorporated the garage into the façade of the principal use. =0.5 FAR
The total contribution for all Floor Area Ratio bonuses for the development is $0.0 for a
total increase in floor area ratio of 0.5 for a floor area ratio of 4.0.
15. 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.
12-Z- 16690 Collins Ave./290-330 Sunny Isles Blvd. 5
16. 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.
17. If approved, the Applicant must submit a signage design plan to be approved
administratively by the City Manager or designee, the signage design for phases II & III
must be in accordance with the existing signage design of phase I.
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 in
accordance with the City Code.
19. Under Ordinance 2001-132, 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
12-Z- 16690 Collins Ave./290-330 Sunny Isles Blvd. 6
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 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.
22. The Applicant shall ensure, at all times during construction of the project or thereafter,
that no trucks are parked alongside Collins Avenue or Sunny Isles Boulevard/163rd
Street.
23. The Applicant shall install sidewalk pavers along Collins Avenue and Sunny Isles
Boulevard/167rd Street that match those installed as part of the City's Streetscape
Improvements Project. Approval of the City Manager or designee is required before the
installation prior to the installation of the pavers.
C. OTHER CONDITIONS.
24. 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.
25. 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.
26. That the Applicant complies with all City Ordinances, County, State and Federal Laws
and Regulations applicable to development and permit approvals.
27. That the Applicant shall include a grand entrance feature for the Bay-walk at the Collins
Avenue entrance (East side) to include but not limited to signage, art of work, and
landscaping. The grand entrance feature signage shall display the following name "Sunny
Isles Beach Bella Vista Bay-walk". Final design shall be presented to the City Manager
or designee for approval prior commencing any work.
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
12-Z- 16690 Collins Ave./290-330 Sunny Isles Blvd. 7
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.
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
1
Orman S. Edelcup, Mayor
ATTEST:
Jane A. Hines, CMC, City Clerk
12-Z- 16690 Collins Ave./290-330 Sunny Isles Blvd. 8
APPROVED AS TO FORM
AND L . /. ' IENCY:
/ i/Ord
ilfr
I/i%%
H. . 0 '�ot, City Attorney
Moved by: co vrwir,L ateri . �..1_100
Second by:l.e SCkQbLL
VOTE: 5-b
Mayor Norman Edelcup Vyes no
Vice Mayor Thaler eyes _no
Commissioner Aelion yes no
Commissioner Gatto V yes no
Commissioner Scholl 1/yes no
12-Z- 16690 Collins Ave./290-330 Sunny Isles Blvd. 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-133 adopted by the City
Commission at its meeting held on the 15th day of November 2012.
Issued this '?,1 day of November, 2012.
Jane A. Hines, CMC, City Clerk
12-Z- 16690 Collins Ave./290-330 Sunny Isles Blvd.10
S,3""Y ,,,, City of Sunny Isles Beach CIO
elcu p, isron
� s y y Norman S.Edelcup,Mayor
a� eo 18070 Collins Avenue Lewis J.Thaler,Vice Mayor
^ ' Sunny Isles Beach,Florida 33160 Jeanette Gatto,Commissioner
Isaac Aelion,Commissioner
*,..k * George"Bud"Scholl,Commissioner
„ „_. ** (305)947-0606 City Hall
's9 \pP �P (305)949-3113 Fax Christopher J.Russo,City Manager
s *F L°" a s (305)947-2150 Building Department Hans Ottinot,City Attorney
err OF sus r� (305)947-5107 Fax Jane A.Hines,City Clerk
MEMORANDUM
TO: The Honorable City Commission
VIA: Christopher J. Russo, City Manager
FROM: Claudia Hasbun
City Planner
DATE: November 15, 2012
RE: St,Tropez on the Bay: Phases II&III
290-330 Sunny Isles Boulevard& 16690 Collins Avenue
Appl.No.Z2012-09
REQUEST:
The Applicant is applying for site plan review for the two phases of a proposed
development consisting of three phases. Please note this application has been deferred
since its initial presentation request on August 21, 2012 and the application has been re-
noticed.
Phase I is already existing(St. Tropez Towers I, II and III), phase II is the proposed two
towers (IV & V) and phase III is the proposed one office building. The two towers on
phase II are, Tower IV a 25 story, 164 unit condominium with 323,463 square feet, and
Tower V a 28 story, 165 unit condominium with 314,424 square feet. Phase III contains
an eight story office building with 55,749 square feet. The proposed project overall is
intended to utilize 4.35 Floor Area Ratio(FAR). The Applicant is requesting Floor Area
Ratio ("FAR") bonuses and transfer of development rights ("TDRs"). The Applicant is
also requesting a variance concerning pedestal to tower front setback for the office
building in phase III. Lastly, the Applicant is requesting approval of the use of mural and
graphics on temporary construction fencing.
RECOMMENDATION:
The application is generally consistent with the City's Comprehensive Plan and the City's
Land Development Regulations. Staff has no objection to the site plan application
provided that all conditions below are satisfied.
Staff finds the setback variance requested for Phase III(Office Building)may be justified
due to the depth of the lot and the proposed usage of the structure. 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 variance requested.
ATTACHMENTS:
Zoning Hearing Notice
Development Review Report
Application(including Letter of Intent)
Appraisal Report(Summary)
Site and Landscape Plans
''°N�•,k4 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,
November 15,at 6:30 p.m.,to consider the following Zoning application:
Application: St.Tropez on the Bay:Phases II&III
Location: 290-330 Sunny Isles Boulevard& 16690 Collins Avenue
Public Hearing#: Z2012-09
Summary:
The Applicant is requesting approval for a site plan modification for 16690 Collins Avenue
and, a site plan for 290-330 Sunny Isles Boulevard. The Applicant is requesting a Transfer of
Development Rights (TDRs) in the amount of 94,680 square feet of development rights and 45 units
from the TDR Bank account of the City of Sunny Isles Beach. The Applicant is also seeking
approval of a variance of the front pedestal to tower setback in the site plan modification. Further,
the Applicant is requesting approval of a mural and graphics for a temporary construction fence.
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a site plan modification approval for an eight(8)
story office building with 55,749 square feet, previously approved for a residential tower
under Resolution No. 06-Z-101,adopted on July 20,2006.
2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a variance to permit a pedestal to tower front
setback to be 20'-0", where a minimum of 25'-0" is allowed in accordance with Section
265-38 (Summary Chart B)of the Land Development Regulations.
3. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting site plan approval for two residential towers
which contained a combined 329 units and with a total of 637,887 FAR square feet.
4. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations,the Applicant is requesting to approve the utilization of TDRs from the TDR
Bank of the City in the amount of 94,680 square feet of development rights and 45
dwelling units for the two residential towers.
5. 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 a temporary
construction fence.
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled
"St. Tropez on the Bay Phase II - Condominium Towers IV & V, Phase III — Office Tower",
prepared by axioma3, Inc. consisting of 24 sheets last revised 10.29.2012; the survey entitled
"Plan of Survey", prepared by Mario Prats Jr. & Associates, Inc., consisting of 3 sheets with a
Field Date of May 30, 2012;the Landscape Plan prepared by EGS2 Corp.consisting of 18 sheets
last revised 07.26.2012. Plans are subject to change.
Legal: Phase II:
14 52 42 2nd Rev Bella Vista PB 50-76 E'/2 of Lot 27 Lot size 100.000 x 235 or
13890-252 1188 2 F/A/U 30-2214-007-0261.
14 52 42 2nd Rev Bella Vista PB 50-76 W'/2 of Lot 27 Lot size 100.000 x 215 or
13890-252 1188 2 F/A/U 30-2214-007-0260.
14 52 42 2nd Rev Bella Vista PB 50-76 Lot 28 &Island 28 Lot size 160.000 x 200
M/L or 13890-252-1188 2 F/A/U 30-2214-007-0270.
2nd Rev. Bella Vista PB 50-76 Lot 26 Less R/W Lot size 32814 sq ft or 21072-
1453 0203 6 COC 26215-0676 02 2008 6 or 26215-0676 0208 03.
Phase III:
2nd Rev Bella Vista PB 50-76 Lot 35 & Island 35 Lot size irregular F/A/U 30-
2214-007-0350 COC 26209-4264 02 2085 5 or 26209-42640208 01.
2nd Rev Bella Vista PB 50-76 Lot 36 & TR A Less Beg NW cor of Lot 36 TH 3
106.26ft Ely Sely & Sly Ad 43.22 FT Swly Ad 172.96FT W42.93F N127.65F
N:Y Ad 45.97FT.
Size of Property: 6.304 acres(274,627 sq ft)
Zone: Town Center District(TCD)
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:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised: 10/30/I2 CH
Revised: 10/31/12 HO/CH
Revised:11/5/12 HO
maSV N ISt
c -
-
O
C'tr Of SUN pN
CITY OF SUNNY ISLES BEACH
DEVELOPMENT REVIEW REPORT
ST. TROPEZ ON THE BAY: PHASES II & III
I. PROJECT SUMMARY
Application Number: Z2012-09
Application Summary: The Applicant is applying for site plan review for the two phases of a
proposed development consisting of three phases. Phase I is
already existing (St. Tropez Towers I, II and III), phase II is the
proposed two towers (IV & V) and phase III is the proposed one
office building. The two towers on phase II are, Tower IV a 25 story,
164 unit condominium with 323,463 square feet, and Tower V a 28
story, 165 unit condominium with 314,424 square feet. Phase III
contains an eight story office building with 55,749 square feet. The
proposed project overall is intended to utilize 4.35 Floor Area Ratio
(FAR). The Applicant is requesting for FAR bonuses and transfer of
development rights. The Applicant is also requesting a variance
concerning pedestal to tower front setback for the office building in
phase III. Lastly, the Applicant is requesting approval of the use of
mural and graphics on temporary construction fencing.
Applicant/Owner: Towne Center Development Properties, LLC; St. Tropez III Holdings,
LLC; and St. Tropez Beach Developers, LLC.
Attn: Joseph Milton
3211 Ponce de Leon, Suite 301
Coral Gables, FL 33134
II. SITE INFORMATION
Land Area: 6.304 Acres (274,602 sq. ft.)
1
U:U'LANNING&ZON1NG2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-09 ST.TROPEZ PHASE II&111
Created:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised:10/30/12 CH
Revised: 10/31/I2 HO/CH
Revised:11/5/12 HO
Phase I: 2.904 Acres
Phase II: 2.686 Acres
Phase III: 0.714 Acres
(Survey updated April 1, 2012)
Location: Phase I: 150-200-250 Sunny Isles Boulevard
Phase II: 290-330 Sunny Isles Boulevard
Phase III: 16690 Collins Avenue
Folio: Phase II: 31-2214-007-0261; 31-2214-007-0260; 31-2214-007-0270;
31-2214-007-0250.
Phase III: 31-2214-007-0360; 31-2214-007-0350
Legal Description: Phase II:
14 52 42 2nd Rev Bella Vista PB 50-76 E1/2 of Lot 27 Lot size
100.000 x 235 or 13890-252 1188 2 F/A/U 30-2214-007-0261.
14 52 42 2"d Rev Bella Vista PB 50-76 W1 of Lot 27 Lot size
100.000 x 215 or 13890-252 1188 2 F/A/U 30-2214-007-0260.
14 52 42 2nd Rev Bella Vista PB 50-76 Lot 28 & Island 28 Lot size
160.000 x 200 M/L or 13890-252-1188 2 F/A/U 30-2214-007-0270.
2nd Rev. Bella Vista PB 50-76 Lot 26 Less RAN Lot size 32814 sq ft
or 21072-1453 0203 6 COC 26215-0676 02 2008 6 or 26215-0676
0208 03.
Phase III:
2"d Rev Bella Vista PB 50-76 Lot 35 & Island 35 Lot size irregular
F/A/U 30-2214-007-0350 COC 26209-4264 02 2085 5 or 26209-
4264 0208 01.
2nd Rev Bella Vista PB 50-76 Lot 36 &TR A Less Beg NW cor of Lot
36 TH 3 106.26ft Ely Sely & Sly Ad 43.22 FT Swly Ad 172.96FT
W42.93F N127.65F N:Y Ad 45.97FT.
Land Use: Town Center,
This category is intended to be a moderate to high intensity design-
unified area which will contain a concentration of different urban
functions integrated both horizontally and vertically.
Zoning: Town Center District
The purpose of the Town Center District (TCD) is to provide for the
use and development of properties within the area designated in the
Sunny Isles Beach Comprehensive Plan as the Town Center in a
manner consistent with the Community Vision Statement and the
2
U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-09 ST.TROPEZ PHASE!!&III
Created:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised: 10/30/12 CH
Revised:10/31/12 HO/CH
Revised:11/5/12 HO
policies and objectives of the Future Land Use Element of the
Comprehensive Plan.
Adjacent Properties: Phase II
Existing Use Zoning Land Use Plan
North Vacant Land ROS ROS
East St. Tropez Phase I TCD TC
South Intracoastal Water --- ---
West WASD TCD TC
Adjacent Properties: Phase Ill
Existing Use Zoning Land Use Plan
North Vacant Land ROS ROS
East Collins Avenue --- ---
South Intracoastal Water --- ---
West St. Tropez Phase I TCD TC
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 modification approval for an eight (8)
story office building with 55,749 square feet, previously approved for a residential tower
under Resolution No. 06-Z-101, adopted on July 20, 2006.
2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a variance to permit a pedestal to tower front
setback to be 20'-0" for the office building in phase III, where a minimum of 25'-0" is
required under Section 265-38 (Summary Chart B) of the Land Development
Regulations.
3. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting site plan approval for two residential towers
which contained a combined 329 units and with a total of 637,887 square feet.
4. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting to approve the utilization of TDRs from the TDR
Bank of the City in the amount of 94,680 square feet of development rights and 45
dwelling units for the two residential towers.
5. Pursuant to Section 265-63.3 (G) of the City of Sunny Isles Beach Land Development
3
U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-09 ST.TROPEZ PHASE II&III
Created:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised: 10/30/12 CH
Revised:10/31/12 HO/CH
Revised:1 1/5/12 HO
Regulations, the Applicant is requesting the use of graphics and murals on a temporary
construction fence.
IV. ZONING REVIEW
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "St. Tropez on the Bay Phase II - Condominium Towers IV & V, Phase III —Office
Building", prepared by axioma3, Inc. consisting of 24 sheets last revised 08.14.2012; the
survey entitled "Plan of Survey", prepared by Mario Prats Jr. & Associates, Inc.,
consisting of 3 sheets with a Field Date of May 30, 2012; the Landscape Plan prepared
by EGS2 Corp. consisting of 18 sheets last revised 08.14.2012.
1. 265-37.F (1) Floor Area Ratio: Phases II & III - Requires City Commission
Approval of TDRs for compliance.
Maximum floor area ratio (265-37.F(1)(a)) Summary Chart E:
Permitted: Base 3.50 (518,444 square feet); with FAR Bonus and TDRs 5.20—
(1,425,314 square feet).
Provided: 4.35 with bonus FAR and TDRs— (1,198,473 square feet)
2. 265-37.F(5) Lot Coverage : Complies.
Allowed: 90% Maximum - Phase II & III (133,313 sq ft)
Provided: 78% - Phase II & Ill (104,268 sq ft)
3. 265-37.F(6)(a)[1]:Setbacks and Summary Chart B
I Required I Provided
Phase II (Tower IV &V)
Front (North)
Pedestal 15 feet 15 feet 0 inches
Complies.
Tower 25 feet 32 feet 7 inches
Complies.
Rear(South)
Pedestal 0 feet 13 feet 8 inches
Complies.
Tower 10 feet 43 feet 0 inches
Complies.
Side (East)
Pedestal 0 feet 0 feet 0 inches.
Complies.
Tower 25 feet 46 feet 0 inches.
Complies.
4
UAPLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATIONNZ2012-09 ST.TROPEZ PHASE II&III
Created:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised: I0/30/I2 CH
Revised: 10/31/12 HO/CH
Revised:11/5/12 HO
Side(West)
Pedestal 0 feet 7 feet 0 inches.
Complies.
Tower 20 feet 20 feet 5 inches
Complies.
265-37.F(6)(a)[1]:Setbacks and Summary Chart B
I Required I Provided
Phase III (Office Building)
Front(North)
Pedestal 15 feet 15 feet 3 inches
Complies.
Tower 25 feet 20 feet 0 inches
(*)Does not Comply.
Rear (South)
Pedestal 0 feet 20 feet 6 inches
Complies.
Tower 10 feet 20 feet 6 inches
Complies.
Side (East)
Pedestal 15 feet 15 feet 6 inches.
Complies.
Tower 20 feet 20 feet 6 inches.
Complies.
Side (West)
Pedestal 0 feet 0 feet 0 inches.
Complies.
Tower 25 feet 28 feet 8 inches
Complies.
(*) Variance requested.
4. 265-37.F (7) Minimum lot size: Complies.
Allowed: 10,000 square feet
Provided: Phase II — 117,014 square feet.
Phase III —31,113 square feet.
5. 265-37. F (8) Minimum lot width: Complies.
Allowed: 100 feet(Chart E)
Provided: Phase I I —530 feet
Phase Ill — 162 feet
6. 265-37.F (9)(a)[1] Maximum height: Complies
Required: 290 feet with average being 200 feet
5
U:IPLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-09 ST.TROPEZ PHASE II&III
Created:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised:10/30/12 CH
Revised:10/31/12 HO/CH
Revised: 11/5/12 HO
Provided: Phase I Tower I = 200 feet
Tower II = 200 feet
Tower III = 190 feet
Phase II Tower IV = 251 feet
Tower V = 280 feet
Phase III Office Bldg = 79 feet
Average Height = 200 feet
7. 265-37.F (10) Landscaping open space: Complies.
Allowed: Minimum 10%
Provided: Phases I, II, and III = 14%
8. 265-37. F(11) Tower separation and tower width: Complies.
Required: Minimum 50 feet tower separation and maximum 200 feet tower width.
Provided: Tower separation - Phase II = 128 feet
Tower separation - Phase III= 57 feet
Tower width - Phase II = (Tower IV= 170 feet, Tower V= 164 feet)
Tower width - Phase III= 107 feet
9. 265-46 Parking:
Required Provided Comments
Phase !!
Regular
(Residential) 174 units below 491 Complies. Size requirement
1,800 sq ft = 261 (9' x18') 265-46 (7)(a)
155 units above
1,800sgft= 310
(Guest) 0 0
(Tandem) (100% allowed) 85 Complies
(Commercial) 33 33 Complies.
Handicap 12 Designated 12 Designated Complies.
TOTAL 604 609 Complies.
Loading 4 (10' x 25') 4 (10' x 25') Complies.
Required Provided Comments
Phase III
Regular
(Office) 147 150 Complies. Size requirement
(Commercial) 22 22 (9' x18') 265-46 (7)(a)
Handicap 4 Designated 8 Designated Complies.
TOTAL 169 172 , Complies.
Loading 2 (10' x 25') 2 (10' x 25') Complies.
6
U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-09 ST.TROPEZ PHASE II&I11
Created:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised: 10/30/12 CH
Revised: 10/31/12 HO/CH
Revised: 11/5/12 HO
10. 265-56(A) Signage: To be included as a condition.
11. 265-63.3(G) Construction Fencing: Requires City Commission Approval.
12. 265-74 Lighting: To be submitted at building permitting.
Required: Spillover shall not exceed 0.5 footcandles measured vertically along the
property line at the perimeter of the property.
Provided: Photometric plan has not been provided.
V. PLANNING REVIEW:
1. Comprehensive Plan
The proposed development is generally consistent with the following policy of the City of
Sunny Isles Beach Comprehensive Plan.
Future Land Use Element
Policy 15B. Town Center. The Town Center is intended to be a moderate to high
intensity design-unified area which will contain a concentration of different urban
functions integrated both horizontally and vertically.
This development proposal seeks to develop and redevelop obsolete parcels.
Community Design Element
Goal: To Foster and promote well designed public and private environments that are
harmonious, contribute to an identifiable community identity and preserve the unique
aesthetic assets of Sunny Isles Beach's setting and natural environments.
Policy 1E. Adopt standards for the design of continuous lineal public access pathways
and greenways linking multiple private and public properties, particularly, where
appropriate, along shorelines and interconnecting neighborhoods.
This development furthers the intent of this policy.
2. Appraiser Report for Transfer Development Rights(TDRs)
The Summary Appraisal Report commissioned by the City has been submitted. The
Report reveals a $27.95 per square foot price for the TDRs.
3. Transfer Development Rights
7
U:\PLANNING&ZON1NG2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-09 ST.TROPEZ PHASE II&III
Created:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised: 10/30/12 CH
Revised: 10/31/12 HO/CH
Revised:11/5/12 HO
The Applicant is requesting the utilization of City's TDRs in the amount of 94,680 square
feet of development rights and 45 dwelling units (Each TDRs unit = 2,104 square feet).
The appraisal report dated August 13, 2012 recommended the square foot market value
of the subject property as Twenty Seven Dollars and Ninety Five Cents ($27.95) of
allowable FAR. The calculation for this project's TDRs is as follows: (45 units x 2,104
square feet x $27.95) equals to the effect of the TDR's purchase of $2,646,306 and
approval of TDRs on the project would be an increase in density.
4. Traffic Engineering
Traffic Impact Study:
The traffic study was done by Marlin Engineering, Inc. on 08/07/12 and submitted by the
Applicant on 08/08/12. The study analyzed the St. Tropez on the Beach Phases II & Ill
project and concluded that intersections currently operate, and will continue to operate
within the City's adopted LOS standards. The study also recommends the need for
modification of the phase III office building driveway to two driveways (one "in" and one
"out"), and minimum distance of 125 feet from Sunny Isles Boulevard intersection.
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. Staff has no
objection to the site plan application provided that all conditions below are satisfied.
Staff finds the setback variance requested for Phase III (Office Building) may be justified
due to the depth of the lot and the proposed usage of the structure. 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 variance request as indicated below.
Pursuant to Section 265-15 Variances. A variance shall be granted only where
competent and substantial evidence presented in the particular case shows that all of the
following are met:
(1) Special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or
buildings in the same zoning district;
Applicant: The property is located at the corner of Sunny Isles Beach Blvd. and
Collins Avenue, Although this parcel is part of a unified site plan approval, the parcel
where the office building is located is narrower in width than the remaining parcels.
8
U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-09 ST.TROPEZ PHASE 11&III
Created:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised: 10/30/12 CH
Revised: 10/31/12 HO/CH
Revised: 11/5/12 HO
Compounding the narrow lot issue, the newly adopted building and fire codes creates
a parking garage design not functional due to the column location and turning radius,
if the tower was to placed at the required setback.
(2) The special conditions and circumstances do not result from the actions of the
petitioner;
Applicant: The narrow width of the parcel and the newly adopted building and fire
code changes are not the result of the action of the petitioner.
(3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of
this chapter and works unnecessary and undue hardship on the applicant;
Applicant: Other properties along the southern edge of Sunny Isles Beach Blvd. and
also in the Center Core area have received similar variances.
(4) The alleged hardship is not economic and has not been deliberately created to
establish a use or structure, which is not otherwise consistent with the LDRs.
Applicant: The hardship asserted due to the narrow parcel building/fire code
requirements are not economic in nature nor have they been deliberately created.
(5) Granting of the variance requested conveys the same treatment to the individual
owner as to the owner of other lands, buildings or structures in the same zoning
district;
Applicant: The granting of the requested variance would permit the Applicant to
construct a building with the same or similar setback requests that has been granted
to other property owners in the immediate area.
(6) The variance, if granted, is the minimum variance that makes possible the reasonable
use of the land, building or structure;
Applicant: The requested variance is the minimum variance necessary to allow the
Applicant to design and build a functional garage and building.
(7) The grant of the variance is in harmony with the general intent and purpose of these
LDRs, is not injurious to the neighborhood or otherwise detrimental to the public
safety and welfare and will not substantially diminish or impair property values within
the vicinity.
Applicant: The general intent and purpose of the TCO district is to develop a
functional mixed-use development. The unified site plan will allow a comprehensive
9
U:\PLANNING&ZONiNG2008\ZONING HEARING-APPLICATIONS\20I2 APPLICATION\Z2012-09 ST.TROPEZ PHASE iI&III
Created:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised: 10/30/12 CH
Revised: 10/31/12 HO/CH
Revised: 11/5/12 HO
look along Sunny Isles Beach Blvd. The requested variance is in harmony with the
general intent and purpose of the code. Furthermore, the public safety and welfare
will not detrimentally affected by the approval of the variance and the proposed
project will enhance property values in the vicinity.
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. That palms along Collins Avenue/Sunny Isles Boulevard 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. That the Applicant submits evidence of purchase of the required 94,680 square feet and
45 units of Transfer Development Rights (TDRs) subject to the Site Plan Approval. That
the Applicant provides the City with a non-refundable deposit in the amount of ten
percent (10%) of the approved purchased price of $2,646,306 for the Transfer
Development Rights (TDRs) purchased from the City Bank. The total amount of the
deposit is $264,630. Failure to pay the required deposit within the three (3) working days
of approval of the Transfer Development Rights (TDRs) application and site plan
application shall result in an automatic voiding of the City Commission approval of the
Receiving Site, transfer of Transfer Development Rights (TDRs), and site plan approval.
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,
10
U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z20I2-09 ST.TROPEZ PHASE II&III
Created:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised:10/30112 CH
Revised: 10/31/12 HO/CH
Revised: 11/5/12 HO
including but not limited to (i) a minimum of a seven-foot (7) Bay-walk easement along
the southern boundaries of phases II & III of St. Tropez; and (ii) a minimum of a seven-
foot (7') easement along the western boundary of phase II. The plot plan shall show the
type and size of plant materials, lighting, outdoor furniture, and ensure the ability to
connect to adjacent properties' bay-walks which shalt be in compliance with the Miami-
Dade County Shoreline Development Review Committee.
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) a minimum of a seven-
foot (7') public Bay-walk easement along the southern boundaries area from east to west
of phases II & Ill of St. Tropez; and (ii) a minimum of a seven-foot (7') easement along
the western boundary of phase II, connecting the western end of the bay-walk with
Sunny Isles Boulevard. The Bay-walk shall be constructed in a manner to permit the
connection of adjacent Bay-walks. The maintenance of the easement shall be the
responsibility of the Applicant. The entrance for the Bay-walk easement at phase III shall
be a minimum of ten (10') feet. The Declaration shall provide that the Applicant provides
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 complies with all conditions and permit requirements, including but not
limited to Miami-Dade County, including environmental conditions and permitting,
Shoreline Development Review Committee, the Fire and Water and Sewer Departments,
Florida Department of Environmental Protection (DEP) and Florida Department of
Transportation (FDOT).
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 Ordinance 2001-132 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
11
U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION\Z2012-09 ST.TROPEZ PHASE II&III
Created:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised: 10/30/12 CH
Revised: 10/31/12 HO/CH
Revised:11/5/12 HO
Certificate of Occupancy the Applicant shall acquire the following floor area ratio
bonuses:
a) Provide 100%of the required on-site parking in enclosed structures that
fully screen vehicles from exterior views in an approved architectural design which
incorporated the garage into the façade of the principal use. = 0.5 FAR
The total contribution for all Floor Area Ratio bonuses for the development is $0.0 for a
total increase in floor area ratio of 0.5 for a floor area ratio of 4.0.
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. If approved, the Applicant must submit a signage design plan to be approved
administratively by the City Manager or designee, the signage design for phases II & Ill
must be in accordance with the existing signage design of phase I.
Conditions to be completed before any Certificate of Occupancy is issued.
17. That the Applicant shall underground all utility lines in front of the proposed project.
18. Under Ordinance 2001-132, 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
12
U:\PLANNING&ZONING2008\ZONING HEARING-APPLICATIONS12012 APPLICATION\Z2012-09 ST.TROPEZ PHASE II&lI[
Created:7/6/12 CH
Revised:8/14/12 AD/CH
Revised:8/16/12 HO
Revised:10/30/12 CH
Revised:10/31/12 HO/CH
Revised:11/5/12 HO
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
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. That the Applicant shall include a grand entrance feature for the Bay-walk at the Collins
Avenue entrance (East side) to include but not limited to signage, art of work, and
landscaping. The grand entrance feature signage shall display the following name
"Sunny Isles Beach Public Bay-walk". Final design shall be presented to the City
Manager for approval prior commencing any work.
(END)
13
U:\PLANNING&ZONING20081ZONING HEARING-APPLICATIONS12012 APPLICATION\Z2012-09 ST.TROPEZ PHASE!!&III
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.AAANGO
MITCHELL.J.BURNSTEIN,P.A. INCLUDING PROFESSIONAL ASSOCIATIONS
SARA E.AULISIO
JAMIE ALAN COLE,P.A. ROBERT H.DE FLESCO
• STEPHEN J.HELF MAN,P.A. BROOKE P.DOLARA
MIAMI^DADE OFFICE
GILBERTO PASTORIZA,P.A. RAQUEL ELEJABARRIETA
MICHAEL S.POPOK,P.A. 2525 PONCE DE LEON BOULEVARD CHAD S.FRIEDMAN
JOSEPH H.SEROTA,P.A. SUITE 700 ERIC P.HOCKMAN
• SUSAN L.TREVARTHEN,P.A. HARLENE SILVERN KENNEDY`
RICHARD JAY WEISS,RA. CORAL GABLES, FLORIDA 33134 KAREN LIEBERMAN*
DAVID M.WOLPIN,P.A. JOHANNA N.LUNDGREN
ALEI DA MARTINEZ M OLI NA`
TELEPHONE 305-854-0800 KATHRYN M.MEHAFFEY
DANIEL L.ABBOTT
ROBERT A.MEYERS`
GARY L.BROWN FACSIMILE 305-854-2323 MATTHEW PEARL
JONATHAN M.COHEN WWW.WSH-LAW.COM TIMOTHY M.RAVICH`
IGNACIO G.DEL VALLE AMY J.SANTIAGO
JEFFREY D.DECARLO BROWARD OFFICE GAIL D. `
ALAN L.GABRIEL • 200 EAST BROWARD BOULEVARD•SUITE 1900 JONATHAN C.SHAMRES
DOUGLAS R.GONZALES FORT LAUDERDALE,FLORIDA 33301 ESTRELLITA S.SIBILA
EDWARD G.SUEDES ESTRE I SMITH SI
JOSEPH HERNANDEZ TELEPHONE 954-763-4242 • FACSIMILE 954.7647770
ANTHONY C.SOROKA
MATTHEW D..MA - EDUARDO M.SOTO
A EXAND R.L.PALEL JOANNA G.THOMSON
ALEXANDER L.PALENZUELA-NAURI `OF COUNSEL
PETER D.WALDMAN`
ANTHONY RETO L.RECTO SAMUEL I.ZESKIND
BRETT J.SCHNEIDER
CLIFFORD A.SCHULMAN November 7,2012
ABIGAIL WATTS-FITZGERALD ,
LAURA K.WENDELL
JAMES E.WHITE
VIA E-MAIL
Ms.Claudia Hasbun
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach,Fl 33160
Re: Corrected Revised Amended Letter of Intent for Phase II of St. Tropez
Located at 16690 Collins Avenue; 290-300 Sunny Isles Boulevard; and 330
Sunny Isles Boulevard/Sunny Isles Beach,Florida
Dear Ms.Hasbun:
On behalf of our clients, St. Tropez, III, Inc.; Town Centre Development Properties,
LLC;and,St.Tropez II,LLC ("St.Tropez"),I respectfully submit this Amended Letter of Intent
accompanying our application for public hearing. St.Tropez proposes to complete the next phase
of its development in Sunny Isles Beach. At this time, St.Tropez has already developed a mixed
use residential development with ground floor retail,named consisting of 286 residential units in
two 20 story buildings and one 19 story building on approximately 2.904 acres located directly
east of the above-noted properties.
The next phase of the development calls for a 8 story office building containing
approximately 55,000 square feet of office space to be located on the Collins Avenue property
noted above and two additional mixed use towers containing 329 residential units in a 28 floor
and 25 floor tower and approximately 5,300 square feet of ground level commercial uses to be
located on the above-noted Sunny Isles Boulevard parcels.
Our requests are:
•
• Modification of a previously approved site plan(Phase III).
Ms.Claudia Hasbun
November 7,2012
Page 2
• Site plan approval for Phase II(Towers IV and V).
• A variance of front(north)setback requirements for the office tower to allow it to
setback 20'from the pedestal where 25'is required.
• An application for the purchase of 45 TDR units from the City TDR Bank.
• An application for approval of a mural sign for the construction fence.
The project, as a whole including the existing development, is substantially below the
permitted intensity (180,000 square feet); is below permitted lot coverage by 16% or
approximately 40,000 square feet; within the number of units permitted, along with transferred'
and newly purchased TDRs; exceeds the required open space (by 13,000 square feet); is below
the individual height limitations for each separate building(290' and 79' permitted).
Architecturally, the project will be compatible with the existing St. Tropez Phase I
building and towers. In addition, St. Tropez Phase III will provide a 162 lineal foot promenade
style walkway accessible to the public along the shoreline for the Collins Avenue property which
will link up with the existing 600 foot walkway behind the Phase I existing towers. An
additional 530 foot walkway2 adjacent to the existing Phase I property is also being provided.
The completed walkway will be a total of 1,280 LF providing the public with an amenity of
significant value.
We believe that the above-noted variances may be justified as set forth herein:
Standards of review for variances.
1. Special Conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures or
buildings in the same zoning district.
There are a total of 69 unused TDRs from the existing contraction; 66 of those units will
be transferred to new towers IV and V and 3 units will be transferred to the Phase I existing
building.
2 270 feet of the proposed walkway is presently not bulkheaded and are inhabited by
mangroves. The applicant agrees to construct a bulkhead at the bulkhead line for this walkway
and its construction will be dependent on approval by all affected regulatory agencies.
WEISS SEROTA HELFMAN
PASTOuIZA COLE & BONISKE, P.L.
Ms. Claudia Hasbun
November 7,2012
Page 3
The property is located at the corner of Sunny Isles Beach Blvd. and Collins Ave. Although this
parcel is part of a unified site plan approval, the parcel where the office building is located is
narrower in width tan the remaining parcels. Compounding the narrow lot issue, the newly
adopted building and fire codes creates a parking garage design not functional due to the column
location and turning radius,if the tower was to be placed at the required setback.
2. Special conditions and circumstances do not result from the actions of the
petitioner.
The narrow width of the parcel and the newly adopted building and fire code changes are not the
result of the action of the petitioner.
3. Literal interpretation of the provisions of the LDR's deprive the applicant of right
commonly enjoyed by other properties in the same zoning district under the terms of this
chapter and works unnecessary and undue hardship on the applicant.
Other properties along the southern edge of Sunny Isles Beach Blvd.and also in the Center Core
area have received similar variances.
4. The alleged hardship and has not been deliberately created to establish a use or
structure which is not otherwise consistent with the LDR's.
The hardship asserted due to the narrow parcel building/fire code requirements are not economic
in nature nor have they been deliberately created.
5. Granting of the variance requested conveys the same treatment to the individual
owner as to the owner of other lands,buildings and structures in the same zoning district.
The granting of the requested variance would permit the applicant to construct a building with
the same or similar setback requests that has been granted to other property owners in the
immediate area.
6. The variance, if granted is the minimum variance that makes possible the
reasonable use of the land,building or structure.
The requested variance is the minimum variance necessary to allow the applicant to design and
build a functional garage and building.
7. The grant of the variance is in harmony with the general intent and purpose of
these LDR's, is not injurious to the neighborhood, or otherwise detrimental to the public
WEISS SEROTA HELFMA.N
PAsTORIZA COLE & BONISKE, P.L.
Ms.Claudia Hasbun
• November 7,2012
Page 4
safety and welfare and will not substantially diminish or impair property values within
the vicinity.
The general intent and purpose of the TCO district is to develop a functional mixed use
development. The unified site plan will allow a comprehensive look along Sunny Isles Beach
Blvd. The requested variance is in harmony with the general intent and purpose of the code.
Furthermore,the public safety and welfare will not be detrimentally affected by the approval of
the variance and the proposed project will enhance property values in the vicinity.
Please also note that there was a similar variance granted on November 19, 2009, for
Netaya Development, west of the storage facility in the center of Sunny Isles Boulevard. The
Commission granted 10'and 15'pedestal to tower setback variance for the North and South sides
and a pedestal setback variance,which we are not requesting.
Your favorable consideration is requested.
Very truly your
r0 •
Clifford A. Schulman
CAS/msr
1466.008
cc: Mr.Joe Milton
Mr.Ed Castineira
WEISS SE$OTA HELFMAN
P.&STORIZA COLE & BONISKE, P.L.
P ,
,
µNY''-ia '
PUBLIC HEARING APPLICATION
4.,° ''',400,,„,,••
• u ‘4?-.7i, Ong
# a-D�j I Z.
D
. � Date Received - 8-
*
, Folio Number
. it "P*Rl°g.t fa°
I. Proposed Project Name: St Tropez On the Bay: Phase II-Condo TowerslV and V,
and Pnase .It-Otrice Building
2. Name of Applicant Towne Center Development Properties, LLC, and St Tropez III
a. If applicant is the owner,give name exactly as recorded on deed. Holdings, LLC, AND
Beach Develop-
b. If applicant is lessee,attach copy of valid lease of one(1)year or morAi ers, LLC
• 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 3211 Ponce de Leon Bliid. , Suite 301,
City Coral Gables State FL yip 33134
Tel.#(during working hours) (305) 460-6300 Other
4. Name of Property Owner Towne Center Development Properties,LLC, St Tropez III
Mailing Address 3211 Ponce de 'Leon Blvd. , Suite 301 Holdings,LLC MID
• City Coral Gables State FL Zip 33134 St Tropez Beach
Tel.#(during working hours) (305) 460-6300 Other Developers,LLC.
5. Contact Person Joseph Milton
Mailing Address 3211 -Ponce de Leon Blvd., Suite 301
City Coral
a es State L zip 33134
Tel.#(during working hours), (.305) 460-6300 Other
4. 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
•
5. Address or location of subject property: 290 and 330 Sunnylsles Blvd., AND 16690 Collins
Sunny Isles Beach,Florida 33160 Avenue
6. Size of property:, 274,626 s.f. }1,x ft.acres 6.304 Acres
isal=7saw: ..=rr::a :r ity.::-r-. vssr�. z"—..,.,.:_ra.bl....",....emu-. M�r.=:- '.=2.^0==.z7;
City of Sunny Isles Beach Community Development Department
7. Date subject property acquired 2/14/2003, 5/24/2006, and 12/4/2006
8. 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".
Yes, All listed above.
• 9. Is there an option to purchase or lease the subject property or property
contiguous thereto? •
• Yes or No
If yes,who are the potential purchasers or lessees?(Complete section of Disclosure of
Interest form also).
10. Present zoning classification(s): Town Can a Q r ay
11. 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)
mite Plan Approval
❑Conditional Use
ireVariance
n Pl}}t Approval
s'i`ransfer Development Rights
a Vested Rights
o Appeals
a Other: ��
12.. Has a public hearing been held on this property within the last year and a half?a yes m'no
If yes,applicants name
Date of hearing
Nature of hearing
Decision of hearing
Resolution#
4%::.:11u�sityf4.tst4.]RC:a�r:7x:?.9:G.'..'.L'.S'v]::_:•"i '_::....411•••a`'•°'c•%:L1'..Y:::•17.7:Y3iSr:iP:i::`-I,R.i��?•::C.ih:.F.1:+:.1:: ;'.L'•:w_�:::^73X: 7]
City of Sunny Isles Beach Community Development Department
•
13. Is this hearing being requested as a result of violation notice?a yes
If yes,give name to which violation notice was served
Nature of violation
14. Are there any existing structures on the property? /res o no
If yes,briefly describe Two single story structures.
15. Is there any existing use on the property? u‘s o no
If yes,what is the use and when was it established?Use
A sales office
Established
•
. •
City of Sunny Isles Beach Community Development Department
OWNERSHIP AFFIDAVIT
FOR LIMITED LIABILITY COMPANY
STATE OF FLORIDA Public Hearing No..
COSY OF MIAMI DADE
Before me,the undersigned authority,personally appeared JOSEPH MILTON
,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 TOWNE CENTER DEVELOPMENT PROPERTIES,LLC
i,imited Liability Company with the following
address:
3211 Ponce de Leon Blvd. ,Suite 301, Coral Gables,FL 33134
2. The Limited Liability Company owns or lease(circle one)the property,which is the
subject of the proposed hearing.
3. The subject property is legally described as:
2nd Rev Bella Vista PB 50-76 Lot 26 Less R/W Lot Size 32814 sq ft or 21072
1453 0203 6 COC 26215-0676102 2008 6 or 26215-0676 0208 03.
•
4. Affiant is legally authorized to file this application for public hearing:
S. 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
advertized.
Witnes
e4
Signa Afftant's Signature
2 (p c (pro.t.10 ta JOSEPH MILTON
ame Print Name
,��nature
Vi€ ' 411,iv(.
Print Name
Sworn to and subscribed before me on the_day of ytAffiant is personally known to me or has produced as
Identification.
a : Stam'/Seal
Commission Expires: 6, /7 -F `^., •7 _eEr'�►1wz �
MYYEEE083184•j, EXPIRES:JUn617 2016-
R/4; BondatlThtuN� n
City of Sunny Isles Beach Community Development Department
•
OWNERSHIP AFFIDAVIT •
FOR LIMITED LIABILITY COMPANY
• STATE OF FLORIDA Public Hearing No.
COUNTY OF MIAMI DADE
Before me,the undersigned authority,personally appeared JOSEPH MILTON
,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 ST TROPEZ III HOLDINGS, LLC
Limited Liability Company with the following
address:
3211 Ponce de Leon Blvd. , Suite 301, Coral Gables,FL 33134
2. The Limited Liability Company owns or lease(circle one)the property,which is the
subject of the proposed hearing.
3. The subject property is legally described as:
• SEE ATTACHED
4. Affiant is legally authorized to file this application for public hearing:
5. Affiant understands this affidavit is subject to the penalties 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
advertized.
Witnes :
("X
yi')Ox . JO Affiant's Signature
SVPH MILTON
ame Print Name
-Signature
evievo
Print Name
•
Sworn to and subscribed before me on the day of _ ,
Affiant is personally known to me or has produced as
Identification.
•
No (Stamp/Seal)
Commission Expires: NYS-
" BEA1WZ UMW
'11■ ? MY COMMON 1E083194
. EXPIRES:June 17,2016
Bonded-Du Koury POD uneewitta
City of Sunny Isles Beach Community Development Department
FOLIO NO. 31-2214-007-0250
PROPERTY,: 330 Sunny Isles Blvd, Lot 26, Sunny Isles Beach, FL 33160
LEGAL DESCRIPTION:
2ND Rev Bella Vista PB 50-76 Lot 26 Less R/W Lot Size 32814 sq ft or 21072-1453
0203 6 COC 26215-0676 02 2008 6 or 26215-0676 0208 03
FOLIO NO.31-2214-007-0261 and FOLIO NO. 31-2214-007-0260
PROPERTY: 290 Sunny Isles Blvd, Lot 27E and Lot 27W, Sunny Isles Beach, FL
33160
LEGAL DESCRIPTION:
14 52 42 2"D Rev Bella Vista PB 50-76 E 14 of Lot 27 Lot size 100.000 x 235 or
13890-2521188 2 F/A/U 30-2214-007-0261.
14 52 42 2ND Rev Bella Vista PB 50-76 W% of Lot 27 lot size 100.000 x 215 or
13890-2521188 2 F/A/U 30-2214-007-0260.
FOLIO NO.31-2214-007-0270
PROPERTY: Sunny Isles Blvd, Lot 28
LEGAL DESCRIPTION:,
14 52 42 2ND Rev. Bella Vista PB 50-76 Lot 28 & Island 28 Lot size 160.000 x 200
M/L or 13890-2521188 2 F/A/U 30-2214-007-0270.
FOLIO NO. 31-2214-007-0360&31-2214-007-0350
PROPERTY: 16690 Collins Ave., Lot 35 & 36, Sunny Isles Beach,FL 33160
LEGAL DESCRIPTION:,
2"d Rev Bella Vista PB 50-76 Lot 35 & Island 35 Lot Size irregular F/A/U 30-2214-
007-0350 COC 26209-4264 02 2085 5 or 26209-4264 0208 01
2nd Rev Bella Vista PB 50-76 Lot 36 &TR A Less Beg NW cor of Lot 36 TH 3
106.26FT Ely Sely&Sly Ad 43.22FT Swly Ad 172.96FT W42.93Ft N127.65FT NLY AD
45.97FT
. ,
.
• ,.
OWNERSHIP AFFIDAVIT
FOR LIMITED LIABILITY COMPANY
. .
STATE OF FLORIDA Public Hearing No.
• . COUNTY OF MIAMI DADE
Before me,the undersigned authority,personally appeared JOSEPH MILTON
,hereinafter the Arrant(s),who being first duly sworn by me,on oath,deposes and says:
1. Affiant is the manager,or managing member of the ST TROP EZ.BEACH DEVELOPERS, LLC
- Limited Liability Company with the following
• address:
3211 Ponce de Leon Blvd. ,Suite 301, Coral Gables,FL 33134
2. The Limited Liability Company owns or lease(circle one)the property,which is the
subject of the proposed hearing.
3. The subject property is legally described as:
SEE ATTACHED
•
4. Affiant is legally authorized to file this application for public hearing:
5. Affiant understands this affidavit is subject to the penalties 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
advertized.
1 . Witn • - :
/ _ .-----
..A....., ,
•
ffiant's Signature
/ I '.iglu C 4 A
- 4)46 JOSEPH MILTON
/ Name
•-it , Print Name
,0,-
Adigirdite
Signature
,Iiiviesed eitew
Print Name
1
• Sworn to and subscribed before me on the a_'day of 4,1/401.-
Affirm is poja ruatkagyir or has produced, as
Identification.
Is4(Stampl'Seal)
Commission Expires: diA/r, - . . ,
I"ON BEA1712 MEMO
.: . ...1 MY COMMISSION 8 EE 083194
1-:■:-;g EXPIRES:June 17,2015
,Ise' Bonded rim NotaryPublcUndemdbas
City of Sunny Isles Beach Community Development Department
FOLIO NO. 31-2214-007-0250
PROPERTY: 330 Sunny Isles Blvd, Lot 26, Sunny Isles Beach, FL 33160
LEGAL DESCRIPTION:
2ND Rev Bella Vista PB 50-76 Lot 26 Less R/W Lot Size 32814 sq ft or 21072-1453
0203 6 COC 26215-0676 02 2008 6 or 26215-0676 0208 03
FOLIO NO.31-2214-007-0261 and FOLIO NO. 31-2214-007-0260
PROPERTY: 290 Sunny Isles Blvd, Lot 27E and Lot 27W, Sunny Isles Beach, FL
33160
LEGAL DESCRIPTION:
14 52 42 2ND Rev Bella Vista PB 50-76 E 36 of Lot 27 Lot size 100.000 x 235 or
13890-2521188 2 F/A/U 30-2214-007-0261.
14 52 42 2ND Rev Bella Vista PB 50-76 W%z of Lot 27 lot size 100.000 x 215 or
13890-2521188 2 F/A/U 30-2214-007-0260.
FOLIO NO. 31-2214-007-0270
PROPERTY: Sunny Isles Blvd, Lot 28
LEGAL DESCRIPTION:
14 52 42 2ND Rev. Bella Vista PB 50-76 Lot 28 & Island 28 Lot size 160.000 x 200
M/L or 13890-2521188 2 F/A/U 30-2214-007-0270.
FOLIO NO. 31-2214-007-0360&31-2214-007-0350
PROPERTY: 16690 Collins Ave., Lot 35 &36, Sunny Isles Beach,FL 33160
LEGAL DESCRIPTION:
2nd Rev Bella Vista PB 50-76 Lot 35 & Island 35 Lot Size irregular F/A/U 30-2214-
007-0350 COC 26209-4264 02 2085 5 or 26209-4264 0208 01
2nd Rev Bella Vista PB 50-76 Lot 36 &TR A Less Beg NW cor of Lot 36TH 3
106.26FT Ely Sely& Sly Ad 43.22FT Swly Ad 172.96FT W42.93Ft N127.65FT NLY AD
45.97FT
DISCLOSURE OF INTRUST
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).
TOWNE CENTER DEVELOPMENT PROPERTIES, LLC
• LLC Name
Name.Address and Office percentage of Stock
TOWNE CENTER INVESTMENT HOLDINGS, LLC 100%
3211 Ponce de Leon Blvd.,Suite 301,
Coral Gables,FL 33134
City of Sunny 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).
ST TROPEZ I T_ j1OTT)INGS,LT.0
• I.LC Name •
Name.Address and Office Percen le of Stock
• .TnSRPR MILTON 957 •
JOSEPH MILTON FAMILY TRUST 5%
3211 Ponce de LeonBlvd., Suite 301,
Coral Gables, FL 33134
City of Sunny isles Beach Community Development Department
•
DISCLOSURE QF INTERMT
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).
ST TROPEZ'.BEACH DEVELOPERS, LLC
LLC Name
Name,Address and Office percentage of Stock
• JOSEPH MILTON 80%
YOSt GIL IRREVOCABLE TRUST 15%
JOSEPH MILTON FAMILY TRUST 5%
3211 Ponce de Leon Blvd., Suite 301
Coral Gables,FL 33134
•
City of Sunny Isles Beach Community Development Department
•
• 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 trust (a), 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}.
Trust Name •
Name and Address Percentage of Interest
If the property,which is the subject of the application,is owned or lease by a PARNERTSHIP 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(a)(natural person)having the ultimate ownership interest
in the aforementioned entity}.
PARTNERSHIP OR LIMITED PARTNERSHIP NAME
NAME AND ADDRESS ,PERCENTAGE OF OWNERSHIP
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
City of Sunny Isles Beach Community Development Department
NAME,ADDRESS AND OFFICE(if applicable) Percentage of Interest
•
• Date of Contract
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 pplication to the best of my
knowledge and belief.
Signature: ! ,�
(Applicant) 1�'� i"I i L.i aW
Sworn toanbscribed before me,
p
This /� day of xaff ,20 /2
s • : . •,
BEAIRQBAQUEDANO
if Pub c,State of Florida at Large M; u' s EE 0113194
EXPIRES:June If,2015
44.-4:7„:� Bonded Thu Natal PutAe under/dent
My Commission Expires: /6
*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.
City of Sunny Isles Beach 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(DEEM),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.
p applicant I understand that is my responsibilities as the a 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,DEEM,MDFD,and
for 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,'of be the total cost of the
hearing and that I will be advised of any other fees that can b -:� ':: d with the public hearing
application. '
Signatiali
34,S-tpt+ MLA 444
Print Name
Notary: Sworn to and subscribed before me thisAday of
. Vi MYCOMMON EECOM
•OF'Pu ne-State of Florida '20S1 Rt.
My commission expires
City of Sunny Isles Beach Community Development Department