HomeMy WebLinkAboutResolution Zoning 13-Z-136 RESOLUTION NO. 13-Z - 1 3(o
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING A SITE
PLAN APPLICATION (Z2012-16) SUBMITTED BY SUNNY ISLES
BEACH ASSOCIATES, LLC ( THE "APPLICANT") FOR THE
PROJECT ENTITLED "JADE SIGNATURE" CONSISTING OF A
55 STORY, 223 UNIT CONDOMINIUM; 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, Sunny Isles Beach Associates. LLC (the "Applicant") submitted a site plan
application (Z2012-16) to the City of Sunny Isles Beach. Florida requesting the following:
Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations. the Applicant is requesting a site plan approval for a fifty five (55) story
condominium building with 223 dwelling units and 646.978 square feet of Floor Area
Ratio (FAR).
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations. the Applicant is requesting to approve the utilization of TDRs from a private
TDR bank account in the amount of 149.477 square feet of development rights and 81
dwelling units for the condominium project.
3. 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.
LEGAL: Parcel 1
All that part of the North 100 feet of the South 300 feet of Lot I. of
TATUM'S OCEAN PARK SUBDIVISION. according to the plat
thereof, as recorded in Plat Book 10 at Page 64 of the Public
Records of Miami-Dade County. Florida. extending from the
Erosion Control Line of the Atlantic Ocean. said line recorded in
Plat Book 134 at Page 47 of the Public Records of Miami-Dade
County. Florida to the East right of way of State Road A-1-A
(formerly State Road 140), as said road is shown on a Plat thereof.
recorded in Plat Book 47 at Page 101. of the Public Records of
Miami-Dade County. Florida.
13-Z- 16875 & 16901Collins Ave. 1
Parcel 2
All that part of the North 100 feet of the South 200 feet of Lot 1, of
TATUM'S OCEAN PARK SUBDIVISION, according to the plat
thereof. as recorded in Plat Book 10 at Page 64 of the Public
Records of Miami-Dade County. Florida. extending from the
Erosion Control Line of the Atlantic Ocean. said line recorded in
Plat Book 134 at Page 47 of the Public Records of Miami-Dade
County. Florida to the East right of way of State Road A-1-A
(formerly State Road 140). as said road is shown on a Plat thereof.
recorded in Plat Book 47 at Page 101. of the Public Records of
Miami-Dade County. Florida.
Parcel 3
The Southerly 100 feet of Lot 1. TATUM'S OCEAN PARK
SUBDIVISION. according to the plat thereof. as recorded in Plat
Book 10 at Page 64 of the Public Records of Miami-Dade County.
Florida. said property described as follows:
Bounded on the West by the East right of way line of Ocean
Boulevard (State Road A-1-A and State Road 140). said road
recorded in Plat Book 47 at Page 101 of the Public Records of
Miami-Dade County. Florida: bounded on the East by the Erosion
Control Line of the Atlantic Ocean, said line recorded in Plat Book
134 at Page 47 of the Public Records of Miami-Dade County.
Florida: bounded on the North by the Northerly line of the
Southerly 100 feet of Lot 1: bounded on the South by the Southerly
line of referenced Lot 1.
ADDRESS: 16875 & 16901 Collins Avenue
FOLIO: 31-221 1-004-0010 and -0020
WHEREAS, on January 8. 2013, 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 maintains the basic intent and purpose of the
I3-Z- 16875 & 16901Collins Ave. 2
zoning, subdivision or other land use regulations. which is to protect the general welfare of the
public, particularly as it affects the stability and appearance of the community: and. further finds
that said request should be granted. subject to the conditions described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
II. INCORPORATION OF RECITALS
All recitals above are incorporated into the body of this Resolution as if same were fully set forth
herein.
III. FINDINGS AND CONCLUSIONS:
Based on an analysis of the application and the standards for approval for a site plan
modification under the Land Development Regulations, the City Commission makes the
following findings and conclusions:
A. The application is in compliance with the City Zoning Code and there is substantial
competent evidence to support approval of the application.
IV. APPROVAL
A. The Applicant's request for approval of site plan application for a fifty five (55) story
condominium building with 223 dwelling unit and 646,978 square feet of Floor Area
Ratio ('FAR") is hereby approved subject to all conditions set forth in Section V below.
B. The Applicant's request for approval for the utilization of TDRs from a private TDR
bank account in the amount of 149.477 square feet of development rights and 81 dwelling
units for the condominium project is hereby approved subject to all conditions set forth in
Section V below.
C. The Applicant's request to utilize graphics and murals on a temporary construction fence
is hereby approved subject to all conditions set forth in Section V below.
V. CONDITIONS
A. CONDITIONS TO BE COMPLETED BEFORE DEMOLITION, BELOW GRADE
OR BUILDING PERMITS ARE ISSUED.
I. That the plans in the approval be substantially in accordance with that submitted for
public hearing, which are entitled "Jade 4". prepared by ADD. Inca Architecture
Design and Herzog & De Meuron as design Consultants consisting of 40 sheets stamped
date received November 26, 2012; the survey entitled "Boundary & Topographic
Survey". prepared by Fortin. Leavy, Skiles. Inc.. consisting of 2 sheets stamped date
received November 26. 2012; the Civil Plan prepared by VSN Engineering. Inc.
13-Z- 16875 & 1690ICollins Ave. 3
consisting of 7 sheets stamped date received November 26. 2012; and. the landscape
plans by Raymond Jungles. Inc. consisting of 8 sheets stamped date received November
26. 2012.
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 the palms along Collins Avenue must be at least 12' clear-wood Medjool Palms to
be consistent with the City Streetscape Master Plan.
4. That the Applicant provides the Signage and Pavement Marking Plan prior to building
permit.
5. The Applicant shall submit any and all other documentation and/or payments required by
the City to effectuate the purchase of transfer of development rights from the City or
Private Owners and further procedures being developed to effectuate this program.
notwithstanding the fact that such procedures may be formally adopted subsequent to this
particular approval. prior to submitting for building permit.
6. Upon the submittal of an application for a building permit. the plans submitted shall be
approved by the Community Development Department and be consistent with the
specific site plan approved by the City Commission. Plans shall include all the required
elements of the site plan pursuant to the City's Land Development Regulations and
recommendations. Should compliance with recommendations result in a change that
would not be considered -minor- accordance with Section 265-18 of the City Code.
the Applicant shall be required to obtain another approval of the City Commission.
7. That a plot plan be submitted to the Community Development Department for their
review. The plot plan shall include all easements proffered by the Applicant to the City.
including but not limited to (i) a ten-foot (10') landscaping streetscape easement as per
the City Streetscape Master Plan (the "Streetscape Easement"); (ii) a 10.000 square foot
oceanfront park easement (the "oceanfront park easement"); and (iii) a twenty-foot (20')
beach access easement (the "beach access easement"). The plot plan shall show the type
and size of plant materials. which shall be in compliance with the City's Streetscape
Master Plan.
8. That the Applicant submit a Declaration of Restrictions in recordable form acceptable to
the Community Development Department and acceptable to the City Attorney prior to
submittal for an application for building permit. which proffers: (i) including the ten-feet
(10') landscaping streetscape easement as per Streetscape Master Plan. (ii) a 10.000
square foot oceanfront park easement (the "oceanfront park easement'): and (iii) a
twenty-foot (20') beach access easement (the "beach access easement'). The Declaration
of Restrictions shall include the easements proffered to the City. The Declaration shall
specify that the proffered Beach Access Easement and the Oceanfront Park Easement
shall be fully landscaped and equipped with public amenities including but not limited to.
benches and lighting (the "Public Amenities"). The maintenance of the easements shall
13-Z- 16875 & 1690ICollins Ave. 4
be the responsibility of the Applicant. The Declaration shall provide that the Applicant
shall provide 24-hour valet parking services for owners and guests. among other things.
9. That the Applicant shall combine the existing "Jade Beach" Beach Access easement area
with the twenty (20') foot beach access easement. The Applicant shall install all the
improvements including but not limited to decorative pavers. benches. lightine.
landscaping. and a beach shower on the beach access easement. The Applicant shall use
the same brick paver design which exists on the Jade Beach access easement.
10. That in the event of multiple ownership. a homeowner's association be established in
accordance with applicable regulations to assure that all common areas and facilities for
the residents. as well as all easements dedicated to the City, shall be maintained in
continuous and satisfactory manner and without expense to the general taxpayers of the
City of Sunny Isles Beach.
11. That the Applicant comply with all conditions and permit requirements. including but not
limited to Miami-Dade County. including environmental conditions and permitting. the
Fire and Water and Sewer Departments. Florida Department of Environmental Protection
(DEP). Florida Department of Transportation (FDOT). and the Federal Aviation
Administration (FAA).
12. No building permits shall be issued (except for demolition and sales trailers) unless the
Applicant has submitted all documents referred to under this approval and shall have paid
all impact fees, bonuses, and Transfer of Development Rights (if applicable). professional
fees (as per Section 265-11 and such other applicable Land Development Regulations)
due to the City.
13. That Applicant shall obtain concurrency review approval from Miami-Dade County
School Board.
14. That the Applicant must present evidence of performance to the Community
Development Department of the obligation required to qualify for the Floor Area Ratio
bonus. In the event that the Applicant has done so and prior to issuance of the Certificate
of Occupancy the Applicant shall acquire the following floor area ratio bonuses:
a) Beach Access Easement 0.10 FAR S 0.00 (*)
b) Beach Access Trust Fund 0.20 FAR S 716.256
c) Public Beach Rec. Enhancement 0.60 FAR S 2.148.768
d) Collins Ave Streetscape 0.60 FAR S 2.148.768
e) Sunny Isles Public Parking 0.20 FAR S 716.256
f) Public Recreational Open Space 0.20 FAR 5 0.00 (*)
g) Educational and Cultural 0.20 FAR $ 716,256
The FAR bonus program consists of participation units. which in this case are equal to 36
participation bonus units (where each participation unit has a value of 0.05 FAR). In
13-Z- 16875 & 1690ICollins Ave. 5
detail, the bonus formula is the lot size (acres), times the participation units, times the
price tag of the participation unit. for this case is as follows:
2.487 (acres) x 36 (participation units) x $72.000 (price tag) = $ 6,446.304.00
The total contribution for all Floor Area Ratio bonuses for the development is
$6,446,304.00 for a total increase in floor area ratio of 2.1 for a floor area ratio of 4.6.
The Applicant shall provide the City with a non-refundable deposit in the amount of ten
percent (10%) of the approved purchased price of $6,446,304.00 for the FAR bonuses
acquired from the City. The total amount of the deposit is $644.630.00. Failure to pay
the required deposit within the three (3) working days of approval of the site plan
application shall result in an automatic voiding of the City Commission site plan
approval.
(*) This is a non-cash bonus under the City Code. The Applicant will be providing Beach
Access and Oceanfront Park Easements.
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.
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. That the Applicant shall provide the City with a mitigation contribution of $25.000 for
cultural and/or park purposes to mitigate the proposed median cut. The Applicant shall
relocate the existing trees to an area designated by the City Manager. The $25,000
payment shall be made within fifteen (15) days of approval.
B. CONDITIONS TO BE COMPLETED BEFORE ANY CERTIFICATE OF
OCCUPANCY IS ISSUED.
18. That the Applicant shall underground all utility lines in front of the proposed project
condominium complex, if applicable. The Applicant shall also install decorative sidewalk
pavers consistent with decorative sidewalk pavers installed by the City on the west side
of Collins Avenue. The decorative sidewalks shall be installed from the northern
boundary of the Jade Ocean Condominium (17121 Collins Avenue) property to the
southern boundary of the Sands Point Condominium (16711 Collins Avenue). Prior to
installation of the decorative pavers, the Applicant shall seek the approval of the City
Manager or his designee.
19. Under Section 267-4 of the City Code, the City Manager and/or his 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 City Manager shall deem reasonably necessary to enable him 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,
13-Z- 16875 & 16901Collins Ave. 6
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 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 a 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 Al 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.
C. OTHER CONDITIONS.
22. That the proposed median modifications be approved by the City Manager or his
designee. The City Manager or his designee reserves the right to request additional
modifications to the proposed median cut plans for beautification purposes.
23. 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.
13-Z-_ 16875 & I690ICollins Ave. 7
24. 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.
25. That the Applicant complies with all City Ordinances, County. State and Federal Laws
and Regulations applicable to development and permit approvals.
26. All sand excavated from the property including sand from the western side of the Coastal
Construction Control Line ("CCCL") shall be cleaned and shall remain on the beach for
re-nourishment purposes in a location to be determined by Miami-Dade County
Regulatory and Economic Resources ("RER") (formerly Miami-Dade County
Department of Environmental Resources Management "DERM").
NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS
SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND
SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND PROFESSIONAL FEES (AS
PER SECTION 267-4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND
ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND
DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO
THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS (IF APPLICABLE),
OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED
PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III
HEREINABOVE HAVE BEEN TRANSFERRED.
FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE
CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE
APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH
CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY
RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT
CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY
CONSENTS TO ALL THESE TERMS AND CONDITIONS.
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.
VIII. REPEALER
All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed.
13-Z-_ 16875 & I6901Collins Ave. 8
IX. EFFECTIVE DATE
This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 8th day of January. 2013.
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
By. jj Ar Ai -✓
. orman S. Edelcup. Mayor
` ` ATTEST: -
•
Jane A.. Hines..CMC. City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
4wJ
• .ns Ottinoi City Attorney ��
Moved bv: CAmmtssttx]FP SC1-1�LL
Second by: C,bMmA.SSlptUFJ2 cc—ftTTO
VOTE: 5-o
Mayor Norman Edelcup _Zves no
Vice Mayor Aelion IA'es no
Commissioner Gatto tees no
Commissioner Levin ‘.'es no
Commissioner Scholl vCes no
I3-Z- 16875& 1690ICollins Ave. 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. 13-Z- pi adopted by the City
Commission at its meeting held on the 8th day of January. 2013.
Issued this )1411dayofJanuary, 2013. • r,
i
eel ' ' o
Jane A. Hines. CMC. CitsV.Clerk
•
13-Z- 16875 & 16901Collins Ave. 10
',NNY f`' CITY OF SUNNY ISLES BEACH
,= SPECIAL CITY COMMISSION MEETING
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 Tuesday,January
8,2013 at 5:30 p.m., to consider the following Zoning application:
Application: Jade Signature a/k/a Jade 4
Location: 16875 & 16901 Collins Avenue
Public Hearing#: Z2012-16
Summary:
The Applicant is requesting site plan approval for a fifty-five (55) story condominium
building with 223 dwelling units located at 16875 and 16901 Collins Avenue. The Applicant is
requesting a Transfer of Development Rights (TDRs) in the amount of 149,477 square feet of
development rights and 81 units from private TDR Bank accounts. 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 approval for a fifty five (55) story
condominium building with 223 dwelling units and 646,978 square feet of Floor Area
Ratio (FAR).
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting to approve the utilization of TDRs from a private
TDR Bank account in the amount of 149,477 square feet of development rights and 81
dwelling units for the condominium project.
3. 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
"Jade 4", prepared by ADD, Inc.' Architecture + Design and Herzog & De Meuron as design
Consultants consisting of 40 sheets stamped date received November 26, 2012; the survey
entitled "Boundary & Topographic Survey", prepared by Fortin, Leavy, Skiles, Inc., consisting
of 2 sheets stamped date received November 26, 2012; the Civil Plan prepared by VSN
Engineering, Inc. consisting of 7 sheets stamped date received November 26, 2012; and, the
landscape plans by Raymond Jungles, Inc. consisting of 8 sheets stamped date received
November 26, 2012.
Legal: Parcel 1. All that part of the North 100 feet of the South 300 feet of Lot 1, of TATUM'S OCEAN
PARK SUBDIVISION, according to the plat thereof, as recorded in Plat Book 10 at Page 64 of
the Public Records of Miami-Dade County, Florida, extending from the Erosion Control Line of
the Atlantic Ocean, said line recorded in Plat Book 134 at Page 47 of the Public Records of
Miami-Dade County, Florida to the East right of way of State Road A-1-A (formerly State Road
140), as said road is shown on a Plat thereof, recorded in Plat Book 47 at Page 101, of the Public
Records of Miami-Dade County,Florida.
Parcel 2. All that part of the North 100 feet of the South 200 feet of Lot 1, of TATUM'S OCEAN
PARK SUBDIVISION, according to the plat thereof, as recorded in Plat Book 10 at Page 64 of
the Public Records of Miami-Dade County, Florida, extending from the Erosion Control Line of
the Atlantic Ocean, said line recorded in Plat Book 134 at Page 47 of the Public Records of
Miami-Dade County, Florida to the East right of way of State Road A-1-A (formerly State Road
140), as said road is shown on a Plat thereof, recorded in Plat Book 47 at Page 101, of the Public
Records of Miami-Dade County, Florida.
Parcel 3The Southerly 100 feet of Lot 1, TATUM'S OCEAN PARK SUBDIVISION, according
to the plat thereof, as recorded in Plat Book 10 at Page 64 of the Public Records of Miami-Dade
County, Florida, said property described as follows:
Bounded on the West by the East right of way line of Ocean Boulevard (State Road A-1-A and
State Road 140), said road recorded in Plat Book 47 at Page 101 of the Public Records of Miami-
Dade County, Florida; bounded on the East by the Erosion Control Line of the Atlantic Ocean,
said line recorded in Plat Book 134 at Page 47 of the Public Records of Miami-Dade County,
Florida; bounded on the North by the Northerly line of the Southerly 100 feet of Lot 1; bounded
on the South by the Southerly line of referenced Lot 1.
Size of Property: 2.487 acres(108,317 sq ft)
Zone: Mixed-Use Resort
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.
yNNV.,F 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,
December 20,at 6:30 p.m.,to consider the following Zoning application:
Application: Jade 4
Location: 16875 & 16901 Collins Avenue
Public Hearing#: Z2012-16
Summary:
The Applicant is requesting site plan approval for a fifty five (55) story condominium
building with 223 dwelling units located at 16875 and 16901 Collins Avenue. The Applicant is
requesting a Transfer of Development Rights (TDRs) in the amount of 149,477 square feet of
development rights and 81 units from private TDR Bank accounts. 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 approval for a fifty five (55) story
condominium building with 223 dwelling units and 646,978 square feet of Floor Area
Ratio (FAR).
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting to approve the utilization of TDRs from a private
TDR Bank account in the amount of 149,477 square feet of development rights and 81
dwelling units for the condominium project.
3. 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
"Jade 4", prepared by ADD, Inc.I Architecture + Design and Herzog & De Meuron as design
Consultants consisting of 40 sheets stamped date received November 26, 2012; the survey
entitled "Boundary & Topographic Survey", prepared by Fortin, Leavy, Skiles, Inc., consisting
of 2 sheets stamped date received November 26, 2012; the Civil Plan prepared by VSN
Engineering, Inc. consisting of 7 sheets stamped date received November 26, 2012; and, the
landscape plans by Raymond Jungles, Inc. consisting of 8 sheets stamped date received
November 26, 2012.
Legal: Parcel 1. All that part of the North 100 feet of the South 300 feet of Lot 1, of TATUM'S OCEAN
PARK SUBDIVISION, according to the plat thereof, as recorded in Plat Book 10 at Page 64 of
the Public Records of Miami-Dade County, Florida, extending from the Erosion Control Line of
the Atlantic Ocean, said line recorded in Plat Book 134 at Page 47 of the Public Records of
Miami-Dade County, Florida to the East right of way of State Road A-1-A (formerly State Road
140), as said road is shown on a Plat thereof, recorded in Plat Book 47 at Page 101, of the Public
Records of Miami-Dade County,Florida.
Parcel 2. All that part of the North 100 feet of the South 200 feet of Lot 1,of TATUM'S OCEAN
PARK SUBDIVISION, according to the plat thereof, as recorded in Plat Book 10 at Page 64 of
the Public Records of Miami-Dade County, Florida, extending from the Erosion Control Line of
the Atlantic Ocean, said line recorded in Plat Book 134 at Page 47 of the Public Records of
Miami-Dade County, Florida to the East right of way of State Road A-1-A (formerly State Road
140), as said road is shown on a Plat thereof, recorded in Plat Book 47 at Page 101, of the Public
Records of Miami-Dade County,Florida.
Parcel 3The Southerly 100 feet of Lot 1, TATUM'S OCEAN PARK SUBDIVISION, according
to the plat thereof, as recorded in Plat Book 10 at Page 64 of the Public Records of Miami-Dade
County,Florida,said property described as follows:
Bounded on the West by the East right of way line of Ocean Boulevard (State Road A-1-A and
State Road 140), said road recorded in Plat Book 47 at Page 101 of the Public Records of Miami-
Dade County, Florida; bounded on the East by the Erosion Control Line of the Atlantic Ocean,
said line recorded in Plat Book 134 at Page 47 of the Public Records of Miami-Dade County,
Florida; bounded on the North by the Northerly line of the Southerly 100 feet of Lot 1; bounded
on the South by the Southerly line of referenced Lot 1.
Size of Property: 2.487 acres (108,317 sq ft)
Zone: Mixed-Use Resort
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:11/26/12 CH
Revised:11/27/12 AAD
Revised:11/28/12 CH
Revised:1215/12 AAD&CH
Revised:12/7/2012 HO
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CITY OF SUNNY ISLES BEACH
DEVELOPMENT REVIEW REPORT
JADE SIGNATURE CONDOMINIUM
I. PROJECT SUMMARY
Application Number: Z2012-16
Application Summary: The Applicant is seeking site plan approval for a proposed
development encompassing a 55 story, and 223 unit condominium
with 646,978 square feet. The proposed project is intended to utilize
the maximum 2.1 Floor Area Ratio (FAR) bonuses. The Applicant is
also applying for transfer of development rights (TDRs) in the
amount of 149,477 square feet of floor area and 81 dwelling units
from Private TDR Bank accounts. The Applicant is seeking approval
of the use of mural and graphics on temporary construction fencing.
Finally, approval for a new median cut to allow southbound Collins
Avenue traffic to access the site is being requested.
The Applicant's property is located at 16875 and 16901 Collins
Avenue. A previous site plan was approved for a 45-story, 232-unit
residential development pursuant to Resolution No. 04-Z-85,
adopted on June 17, 2004 and as modified by Resolution No. 06-Z-
100 on April 11, 2006 for the Paramount Beach project.
ApplicanVOwner: Sunny Isles Beach Associates, LLC.
1300 Brickeli Avenue
Miami, FL 33131
II. SITE INFORMATION
Land Area: 2.487 Acres (108,317 sq. ft.)
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(Survey updated May 4, 2012)
Location: 16875 & 16901 Collins Avenue
Folio: 31-2211-004-0010 and -0020
Legal Description: Parcel 1
All that part of the North 100 feet of the South 300 feet of Lot 1, of
TATUM'S OCEAN PARK SUBDIVISION, according to the plat
thereof, as recorded in Plat Book 10 at Page 64 of the Public
Records of Miami-Dade County, Florida, extending from the Erosion
Control Line of the Atlantic Ocean, said line recorded in Plat Book
134 at Page 47 of the Public Records of Miami-Dade County, Florida
to the East right of way of State Road A-1-A (formerly State Road
140), as said road is shown on a Plat thereof, recorded in Plat Book
47 at Page 101, of the Public Records of Miami-Dade County,
Florida.
Parcel 2
All that part of the North 100 feet of the South 200 feet of Lot 1, of
TATUM'S OCEAN PARK SUBDIVISION, according to the plat
thereof, as recorded in Plat Book 10 at Page 64 of the Public
Records of Miami-Dade County, Florida, extending from the Erosion
Control Line of the Atlantic Ocean, said line recorded in Plat Book
134 at Page 47 of the Public Records of Miami-Dade County, Florida
to the East right of way of State Road A-1-A (formerly State Road
140), as said road is shown on a Plat thereof, recorded in Plat Book
47 at Page 101, of the Public Records of Miami-Dade County,
Florida.
Parcel 3
The Southerly 100 feet of Lot 1, TATUM'S OCEAN PARK
SUBDIVISION, according to the plat thereof, as recorded in Plat
Book 10 at Page 64 of the Public Records of Miami-Dade County,
Florida, said property described as follows:
Bounded on the West by the East right of way line of Ocean
Boulevard (State Road A-1-A and State Road 140), said road
recorded in Plat Book 47 at Page 101 of the Public Records of
Miami-Dade County, Florida; bounded on the East by the Erosion
Control Line of the Atlantic Ocean, said line recorded in Plat Book
134 at Page 47 of the Public Records of Miami-Dade County,
Florida; bounded on the North by the Northerly line of the Southerly
100 feet of Lot 1; bounded on the South by the Southerly line of
referenced Lot 1.
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Land Use: Mixed Use - High Density Resort (MUHDR)
This category is intended to provide for resort style developments
(hotels, hotel-apartments and resorts), high quality residential
apartments (as-of-right 50 DUs/acre and 2.5 F.A.R.) and associated
internal accessory uses (restaurants and other convenience
services). Residential densities with bonuses may not exceed eighty
(80) units per acre for apartments. The density may be increased by
the utilization of TDRs.
Zoning: Mixed Use Resort (MU-R)
This district provides for multifamily dwellings at a maximum density
of 80 dwelling units per acre, hotels, motels and apartment-hotels,
commercial services and retails goods internal to the buildings and
conferencing facilities. The density may be increased by the
utilization of TDRs.
Adjacent Properties:
Existing Use Zoning Land Use Plan
North Jade Beach MU-R MU-HDR
East Atlantic Ocean N/A --
South Sands Pointe MU-R MU-HDR
West Commercial B-1 N-B
III. REQUESTS
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a site plan approval for a fifty five (55) story
condominium building with 223 dwelling units and 646,978 square feet of Floor Area
Ratio (FAR).
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the utilization of private TDRs in the amount of
149,477 square feet of development rights and 81 dwelling units for the condominium
project.
3. 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.
IV. ZONING REVIEW
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "Jade Signature", prepared by ADD, Inc.I Architecture + Design and Herzog &
De Meuron as design Consultants consisting of 40 sheets stamped date received
December 4, 2012; the survey entitled "Boundary & Topographic Survey", prepared by
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Fortin, Leavy, Skiles, Inc., consisting of 2 sheets stamped date received December 4,
2012; the Civil Plan prepared by VSN Engineering, Inc. consisting of 7 sheets stamped
date received December 4, 2012; and, the landscape plans by Raymond Jungles, Inc.
consisting of 8 sheets stamped date received December 4, 2012.
1. 104-4.2 Standards for Approval for Placement of Artwork on Private Property:
Complies
Requirement: Provision of a work of art.
Provided: Yes
2. 265-35.D (1) Minimum Lot Area and Width: Complies.
Required: lot area—20,000 square feet; lot width —200 feet
Provided: lot area— 108,317 square feet; lot width —301.46 feet
3. 265-35.D (2) & 265-23 (2) (f) Maximum Height: Complies.
Allowed: FAA Guidelines Apply
Provided: 649 feet.
4. 265-35 D (3) Lot Coverage: Complies.
Allowed: 80% maximum.
Provided: 76.6%
5. 265-35.D(4):Setbacks:
Required Provided
Front
Tower 75 feet 82 feet 4 inches
Complies.
Pedestal 41 feet 4 inches 49 feet 11 inches
Complies.
Rear Bulkhead line or 20' from the rear 33 feet 4 inches
property line, whichever is closer (Tower) Complies.
to Collins Ave. 11 inches (Pedestal)
Complies.
Side North
Tower 50 feet 50 feet. Complies.
Garage 15 feet 4 inches 20 feet Complies.
Side South
Tower 50 feet 50 feet. Complies.
Garage 13 feet 10 inches 27 feet 8 inches.
Complies.
6. 265-35. D (6) Maximum Building Width: Complies.
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Allowed: 250 feet.
Provided: 201 feet.
7. 265-35.D (8) Beach Access Easement: Complies
Required: 20 feet wide and located within a required side yard setback.
Provided: 20 feet - North side of property.
8. 265-35.D (9) Floor Area Ratio: Requires City Commission Approval of TDRs
for compliance.
Maximum floor area ratio (265-35.D(9)(b)):
Permitted: Base 2.50 (270,792 square feet); with FAR Bonus and TDRs 5.98-
(647,735 square feet).
Provided: 5.98 with bonus FAR and TDRs—646,978 square feet.
9. 265-35.D (10) Maximum Dwelling Unit Density: Requires City Commission
Approval of TDRs for compliance.
Allowed: 50 dwelling units/acre (124 dwelling units) — Base number
Allowed with bonus FAR (80 dwelling units/acre) and TDRs (30% of Base plus FAR
bonus): 258 dwelling units.
Provided: 223 dwelling units/acre with bonus FAR and TDRs.
10. 265-35.D (11) Minimum Unit Size: Complies.
Required: 550 square feet
Provided: Complies— Minimum unit size is proposed to be 1,041 square feet in size.
Most units are approximately 2,500 to 3,400 square feet in size with the largest
penthouses being 10,196 square feet.
11. 265-35.D (13) Parking Garage/rooftop: Complies.
Allowed: 5% Maximum (21 spaces)
Provided: 1.25% (5 spaces)
12. 265-35 (15) Open Space: Complies.
Required: 40% minimum landscaped area
Provided: 55.7%
13. 265-46 Parking:
Required Provided Comments
Regular
(Residential) 425 303 Complies
(Guest) 0 0
(Tandem) (100% allowed) 124 Complies.
(Commercial) 2 2
Handicap 9 Per F.S. ch. 553 10 Complies.
(Included in pt. V
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Residential
Calculation)
TOTAL 427 429 Complies.
Loading 1 (10' x 25') 1(10' x 25') Complies.
1 (11' x 35') 1(11' x 35')
14. 265-56(A) Signage: Complies.
Allowed: Max 78 sq ft
Provided: Max 78 sq ft
15. 265-63.3(G) Construction Fencing: Requires City Commission Approval.
16. 265-74 Lighting: Complies
Required: Spillover shall not exceed 0.5 footcandles measured vertically along the
property line at the perimeter of the property.
Provided: Photometric plan has been provided.
V. PLANNING REVIEW:
1. Comprehensive Plan
The proposed development is consistent with the following policies of the City of Sunny
Isles Beach Comprehensive Plan.
Future Land Use Element
Policy 1A. The City of Sunny Isles Beach shall give priority to in-fill development on
vacant sites, and redevelopment of existing, obsolete commercial and beachfront
development.
This development proposal seeks to develop a vacant beachfront parcel.
Policy 10B. ...maintaining view corridors and promoting compatible relationships with
adjacent properties and the beachfront...
This policy provides the language to protect the greatest natural resource the City
has, the beach, and visual access to it. Developments occurring on the east side
of Collins Avenue should offer ocean view opportunities to properties west of
Collins Avenue by providing adequate spacing between developments. The City's
zoning code requires appropriate side setbacks to accommodate these valued
view corridors.
Adequate spacing between developments serves to promote better relationships
between adjacent properties. Spacing helps to mitigate the impact of any one
development on its neighboring properties. The City's zoning code recognizes the
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impact that larger buildings on larger properties would have on adjacent properties
and accordingly requires a greater side setback for these larger buildings.
Adequate spacing between developments also reduces the impact that a wall of
closely spaced buildings would otherwise have on the beachfront.
The spacing provided in the development proposal fully supports the intent of
policy 10B. Additionally, and most importantly, the applicant has designed this
project with two parking levels below grade and only a portion of the third above
grade thereby allowing an even greater view corridor from Collins Avenue to the
Ocean.
Policy 10B ...to provide expanded public pedestrian circulation space...
Collins Avenue is the Main Street of the City. It also connects the beach with the
rest of the community, generating most of the pedestrian activity. The City aims to
create a safe yet enjoyable area along Collins Avenue by building open inviting
spaces promoting pedestrian activity.
The current building design proposed by the developer will provide an open green
space along Collins Avenue in keeping with the City's Streetscape Master Plan.
2. Transfer Development Rights
The Applicant is requesting to approve the utilization of private TDRs in the amount of
22,764 square feet of development rights and 11 dwelling units. The private TDRs are
from Abus, LLC. TDR bank account. Additionally, the Applicant currently owns 126,737
square feet and 70 dwelling units. As such, the Applicant is seeking approval to use the
total of 149,477 square feet of development rights and 81 dwelling units for the project.
The Applicant shall provide the necessary documents to establish ownership of the
TDRs.
3. Traffic Engineering
Traffic Impact Analysis:
The traffic study was done by David Plummer & Associates, Inc. dated stamped date
received November 26, 2012. The study analyzed the Jade 4 (known as Jade Signature)
project and concluded that intersections currently operate, and will continue to operate
within the City's adopted LOS standards. The study proposes a median modification.
VI. FINAL ANALYSIS
Based on the above review, the application is consistent with the City's Comprehensive
Plan and the City's Land Development Regulations. As previously stated, a site plan was
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approved on the site for the Paramount Beach project. The current proposal contains 9
fewer units and the Applicant is not requesting any variances.
Moreover, Staff finds the use of murals and graphics on temporary construction fencing
is warranted. At this time, City Staff has no objection to the Applicant's requests, and
Zoning/TDRs applications.
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. That the plans in the approval be substantially in accordance with that submitted fir
public hearing, which are entitled "Jade Signature", prepared by ADD, Inc.! Architecture
+ Design and Herzog & De Meuron as design Consultants consisting of 40 sheets
stamped date received December 4, 2012; the survey entitled "Boundary & Topographic
Survey", prepared by Fortin, Leavy, Skiles, Inc., consisting of 2 sheets stamped date
received December 4, 2012; the Civil Plan prepared by VSN Engineering, Inc. consisting
of 7 sheets stamped date received December 4, 2012; and, the landscape plans by
Raymond Jungles, Inc. consisting of 8 sheets stamped date received December 4, 2012.
Plans may be modified at public hearing.
2. If applicable, a Miami-Dade County tree removal permit must be secured and attached to
the landscape permit application prior to demolition.
3. Palms along Collins Avenue must be at least 12' clear-wood Medjool Palms to be
consistent with the City Streetscape Master Plan.
4. That the Applicant provides the Signage and Pavement Marking Plan prior to building
permit.
5. The Applicant shall submit any and all other documentation and/or payments required by
the City to effectuate the purchase of transfer of development rights from the City or
Private Owners and further procedures being developed to effectuate this program,
notwithstanding the fact that such procedures may be formally adopted subsequent to
this particular approval, prior to submitting for building permit.
6. Upon the submittal of an application for a building permit, the plans submitted shall be
approved by the Community Development Department and be consistent with the
specific site plan approved by the City Commission. Plans shall include all the required
elements of the site plan pursuant to the City's Land Development Regulations and
recommendations. Should compliance with recommendations result in a change that
would not be considered "minor" in accordance with Section 265-18 of the City Code; the
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Applicant shall be required to obtain another approval of the City Commission.
7. That a plot plan be submitted to the Community Development Department for their
review. The plot plan shall include all easements proffered by the Applicant to the City,
including but not limited to (i) a ten-foot (10') landscaping streetscape easement as per
the City Streetscape Master Plan (the "Streetscape Easement"); (ii) a 10,000 square foot
oceanfront park easement (the "oceanfront park easement"); and (iii) a twenty-foot (20')
beach access easement (the "beach access easement"). The plot plan shall show the
type and size of plant materials, which shall be in compliance with the City's Streetscape
Master Plan.
8. That the Applicant submit a Declaration of Restrictions in recordable form acceptable to
the Community Development Department and acceptable to the City Attorney prior to
submittal for an application for building permit, which proffers: (i) including the ten-feet
(10') landscaping streetscape easement as per Streetscape Master Plan, (ii) a 10,000
square foot oceanfront park easement (the "oceanfront park easement"); and (iii) a
twenty-foot (20') beach access easement (the "beach access easement"). The
Declaration of Restrictions shall include the easements proffered to the City. The
Declaration shall specify that the proffered Beach Access Easement and the Oceanfront
Park Easement shall be fully landscaped and equipped with public amenities including
but not limited to, benches and lighting (the "Public Amenities"). The maintenance of the
easements shall be the responsibility of the Applicant. The Declaration shall provide that
the Applicant shall provide 24-hour valet parking services for owners and guests, among
other things.
9. That the Applicant shall combine the existing "Jade Beach" Beach Access easement
area with the twenty (20') foot beach access easement. The Applicant shall install all the
improvements including but not limited to decorative pavers, benches, lighting,
landscaping, and a beach shower on the beach access easement. The Applicant shall
use the same brick paver design which exists on the Jade Beach access easement.
10. That in the event of multiple ownership, a homeowner's association be established in
accordance with applicable regulations to assure that all common areas and facilities for
the residents, as well as all easements dedicated to the City, shall be maintained in
continuous and satisfactory manner and without expense to the general taxpayers of the
City of Sunny Isles Beach.
11. That the Applicant comply with all conditions and permit requirements, including but not
limited to Miami-Dade County, including environmental conditions and permitting, the
Fire and Water and Sewer Departments, Florida Department of Environmental Protection
(DEP), Florida Department of Transportation (FDOT), and the Federal Aviation
Administration (FAA).
12. No building permits shall be issued (except for demolition and sales trailers) unless the
Applicant has submitted all documents referred to under this approval and shall have
paid all impact fees, bonuses, and Transfer of Development Rights (if applicable),
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professional fees (as per Section 265-11 and such other applicable Land Development
Regulations) due to the City.
13. That Applicant shall obtain concurrency review approval from Miami-Dade County School
Board.
14. That the Applicant must present evidence of performance to the Community
Development Department of the obligation required to qualify for the Floor Area Ratio
bonus. In the event that the Applicant has done so and prior to issuance of the
Certificate of Occupancy the Applicant shall acquire the following floor area ratio
bonuses:
a) Beach Access Easement 0.10 FAR $ 0.00 (*)
b) Beach Access Trust Fund 0.20 FAR $ 716,256
c) Public Beach Rec. Enhancement 0.60 FAR $ 2,148,768
d) Collins Ave Streetscape 0.60 FAR $ 2,148,768
e) Sunny Isles Public Parking 0.20 FAR $ 716,256
f) Public Recreational Open Space 0.20 FAR $ 0.00 (*)
g) Educational and Cultural 0.20 FAR $ 716,256
The FAR bonus program consists of participation units, which in this case are equal to 36
participation bonus units (where each participation unit has a value of 0.05 FAR). In
detail, the bonus formula is the lot size (acres), times the participation units, times the
price tag of the participation unit, for this case is as follows:
2.487 (acres) x 36 (participation units) x $72,000 (price tag) = $ 6,446,304.00
The total contribution for all Floor Area Ratio bonuses for the development is
$6,446,304.00 for a total increase in floor area ratio of 2.1 for a floor area ratio of 4.6.
The Applicant shall provide the City with a non-refundable deposit in the amount of ten
percent (10%) of the approved purchased price of $6,446,304.00 for the FAR bonuses
acquired from the City. The total amount of the deposit is $644,630.00. Failure to pay
the required deposit within the three (3) working days of approval of the site plan
application shall result in an automatic voiding of the City Commission site plan approval.
(*) This is a non-cash bonus under the City Code. The Applicant will be providing Beach
Access and Oceanfront Park Easements.
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.
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. That the Applicant shall provide the City with a mitigation contribution of $25,000 for
cultural and/or park purposes to mitigate the proposed median cut. The Applicant shall
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relocate the existing trees to an area designated by the City Manager. The $25,000
payment shall be made within fifteen (15) days of approval.
Conditions to be completed before any Certificate of Occupancy is issued.
18. That the Applicant shall underground all utility lines in front of the proposed project
condominium complex, if applicable. The Applicant shall also install decorative sidewalk
pavers consistent with decorative sidewalk pavers installed by the City on the west side
of Collins Avenue. The decorative sidewalks shall be installed from the northern
boundary of the Jade Ocean Condominium (17121 Collins Avenue) property to the
southern boundary of the Sands Point Condominium (16711 Collins Avenue).Prior to
installation of the decorative pavers, the Applicant shall seek the approval of the City
Manager of designee.
19. Under Section 267-4, the City Manager and/or his/her designee in review of any
application, may refer any such application presented to it to such engineering, planning,
legal, technical, or environmental consultant or professional(s) employed by the City as
the Manager shall deem reasonably necessary to enable him/her to review such
application as required by law. Charges made by such consultants or professionals shall
be in accord with the charges customarily made for such services in Miami-Dade County,
and pursuant to an existing contractual agreement by and between the City and such
consultant. Charges made by the City shall be in accord with the hourly rates charged
by such consultants or hourly rates of employed professionals and shall be paid within 30
days on submission of City voucher.
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
11
U:\PLANNING&ZONING2008\ZONLNG HEARING-APPLICATIONS\2012 APPLICATION\Z2012-16 JADE SIGNATURE
Created:11/26/12 CH
Revised:11/27/12 AAD
Revised:11/28/12 CH
Revised:12/5/12 AAD&CH
Revised:12/7/2012 HO
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:
22. That the proposed median modifications be approved by the City Manager or his
designee. The City Manager or designee reserves the right to request additional
modifications to the proposed median cut plans for beautification purposes.
23. 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.
24. 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.
25. That the Applicant complies with all City Ordinances, County, State and Federal Laws
and Regulations applicable to development and permit approvals.
26. All sand excavated from the property including sand from the western side of the Coastal
Construction Control Line ("CCCL") shall be cleaned and shall remain on the beach for
re-nourishment purposes in a location to be determined by Miami-Dade County
Regulatory and Economic Resources ("RER") (formerly Miami-Dade County Department
of Environmental Resources Management "DERM").
(END)
12
U:\PLANN1NG&ZONING2008\ZONING HEARING-APPLICATIONS\2012 APPLICATION1Z2012-16 JADE SIGNATURE
PUBLIC t :I (G}APPLICATION
Hearing#.aaia —1 r°
,� Date Received t .l 3 .?�0 4"L Cr' )
(5'17-.) Folio Number
•'O. j) 1�+9' .
3. Proposed Project Name: J1 44111I:tii.
2. Name of Applicant 'UNMi' + ,AcH ,oc tTEE
a. If applicant is the owner,give name exactly as recorded on deed.
b. If.applicant is lessee,attach copy of valid lease of one(I)year or more and Property
Owners Sworn-to-Consent.
C. If applicant Is a corporation,partnership,limited partnership,or trustee,a:separate k
Madame of Interest fbrnt must be completed. AVE.3. Applican Mailing-.Address +3X 7 15RaGKSlL A
City tiiAtit State 14--oFt1 P)ri Zip 33131
Tel.#(during working hours) *O l •• '*rpt-t000 Other
•
4. Name of Property Owner SUNNY icL.E . N A 50e...raCti 2 JLG
IVCttiltn$Address t3oo 'elztic4cra.L.
City MIAMI State F oFttv,4 Zip 33131
Tel..#(during working hours) 3O'3 351-woe) Other
5. 0.ontect Pexson F H L.. Qc'g*J
Mailing Address, IPiora 4E.
City MtANI ,State FLcnptrove• Zip 333131.
Tel.#(during working hours) 361- rocxv 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.
AITAGN MEAT
5. Address or location of subject property: 14917.1? 4 k(ooIQI CON.1144 AVM
6. Size of property: ft.x, ft.
acres/.4 ?
gz,=.:•'3[T1C'r...z.1.^.rliga mkt'lr mvv:r=:;1'Faa�£7G.••^:'Y..'-r:=CCICC:77 �:7.•.".:l*i..•. .;�T^:.Y -ii:..Ti�'«^'»T?^tQ`.-�T !
City of Sunny Idea Beach Community Development Department
1
7. Date subject property acquired or leased 14/14/*h day of AIKI L� 20t2
term of lease years/months.
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".
9. Is there an option to purchase or lease the subject property or property
contiguous thereto?
Yes or
If yes,who are the poten a purchasers or lessees?(Complete section of Disclosure of
Interest form also).
10. Present zoning classification(s):, 111J ' R P9T121 GT
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:
❑Comprehensive Plan Amendment
❑District Boundary Change(s)
l"Site Plan Approval
❑Conditional Use
❑Variance
❑}'lat Approval
d Transfer Development Rights
❑Vested Rights
a Appeals
o Other: U4E + A MURAL. 4 d PH+G te14160
12. Has a public hearing been held on this property within the last year and a half?a yes ttno
If yes,applicants name
Date of hearing
Nature of hearing
Decision of hearing
Resolution#
5 :ant=Pszez an-N.0.-..e ._..._. •;.has:3 :c'.:.rs.*,:T:.^.s' :9:xRC.�::rsn::.::.:::.:,,.a.r:r.:a:2a.:v..z::'7,:.t - -- .•:1a:A.-:3
City of Sunny.Isles Beach Community Development Department
13. Is this hearing being requested as a result of violation notice?a yes 4,
If yes,give name to which violation notice was served
Nature of violation
14. Are there any existing structures on the property? a yes /no
If yes,briefly describe
15. Is there any existing use on the property? o yes d4o
If yes,what is the use and when was it established?Use
Established
•
•
City of Stumy Ies Beach Community Development Department
•
•
•
OWNERSHIP AFFIDAVIT
FOR LINIITED LIABILITY COMPANY
•
STATE OF 'l.•ol1dlt Public Hearing No.
•
COUNTY OF MIAMI 17ACe
Before me,the undersigned authority,personally appeared at251ARIao PEFQRTUNA
•
,hereinafter the Affiant(s),who being first duly sworn by me,on oath,deposes and says:
I. Affiant is the manager,or managing member of the NINNY .TSLe6 $E.AGN
A÷SCICIATer4 LLC... Limited Liability Company with the following
address:
13v0 aftIG.Xte4.L Ave 111.644 i.) FLoR ip,A, a3131
•
2. The Limited Liability Compan •owns ,r lease(circle one)the property,which is the
subject of the proposed hearing.
3. ThelubjegreitetAy is Bally described as:
LOT. I of tA9UM k OCeaN PARK 't1$G"V!Sion1.
PLAT E3oo14 to AT PAd Coo A4 FI)R'IHel4 Le4Ata.Y
'C:lYsc-RIBP_17 IN ZWa, A'RdGHMGNI
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 e application can be submitted and the hearing
adv rtized.
•
ICJ .. g
Si u •tore A tent: Signature
i *. —1 10 Q s - . R MA
Print Nam Print Name •
Signature
13,cane r Cprd coL
Print Name
Sworn to before me on the_Lday of AiOd eJ L'1.e 12 ,20 /Z-: ,
ant is '-rsonally known to e r has produced as
Identi cation. 4WfOrt
Notary(Stamp/S- • •
Commission Expires: 2 1 4
O;H,, SUDIAN PEREZ
•,�'t+ Notary Public-State of Florida
• My
Comm.Expires Mar 2,2016
City of Sunny Isles Beach Co lc,. a.
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).
N/A
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).
UN•I'Z4L..Ef•, 44I Ae s 0 cuags
LLC Name
Name.Address and Office Percentage of Stock
IvoTeS SPARR out, 1.14-. ao
5fitot MANAGER. , LLG. 20
1 300 s cectxu. f'►vC
Ml.4PI� I— . 331.31
•
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 (s), partnership (s) or other similar entities, further
disclosure shall be required which disclosures the identity of the individual (s),(natural persons)
having the ultimate ownership interest in the aforementioned entity).
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(s)(natural person)having the ultimate ownership interest
in the aforementioned entity).
N/A
PARTNERSHIP OR LIMITED PARTNERSHIP NAME
NAME AND ADDRESS PERCENTAGE OP 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).
N/A •
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 le application-to the best of my
knowledge and belief.
Signature:
(Applicant) S - -— Bra. -
Sworn to and subscribed before me,
This vZ. day of 1 " ce ,20 j
L. �1t Notary Public N State PER of Florida
> ∎lic,State of Florida at La ( \ ` My Comm.Eapira Mar 2,2016 F
.. Commission#EE 144600 r
I „' 6onds0 NNIonN Notary Assn.
My Commission Expires: 3 2 1(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(DERM),the Florida Department of Transportation(FDOT). In addition,
the Miami-Dade County Fire Department (MDFD) for the staging area of the proposed project
along with the Miami-Dade County Biscayne Bay Shoreline Development Review Committee will
review and comment for approval all development applications. These comments sometimes
include requirements for an additional public hearing before (DERM) and the Environmental
Quality Control Board, (EQCB) in the preparation and execution of agreements to run with the
land,which are recorded,prior to obtaining a building permit.
I understand that is my responsibilities as the applicant or applicants representative to promptly
follow through with the compliance of DEP, DERM, MDFD, and /or 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,DERM,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 not be the total cost of the
hearing and that I will be advised of any other fees that can be ; • ': a, with 1 ••, is hearing
application. 6
ignature
VilLice UNA
Print Name 1
Notary: q to and subscribed re me this o2- day of AA if em f?-e a , (Z
ry Public-State of Florida .
N,��,,H
�� r p yM� SUDIAN PEREZ
1 Ill'�' Not uy Public-State of Florida My commission expires ■
1. , My Comm.Expires Mar 2,2016
r Commission#EE 144600
94 4` '�• Bonded Through National Notary Ann. ..
City of Sunny Isles Beach Community Development Department
Jade 4
LEGAL DESCRIPTION: •
Parcel I
All that Fart of the North 100 tee! of the South 300 feet of Lot 1, of TATUWS OCEAN PARK
SUBDIVISION, according to the plot thereof, as recorded in Plot Book 10'at Page 64 of the
Public Records of Miami-Dade County. Florida, extending from the Erosioh Control line of the
Atlantic Ocean, sold line recorded In Pla1 Book 134 at Page 47 of the Pubhc Records of
Miami-Dade County, Florida, to he East right of way of State Rood A-1-A (formerly State Road
140), as said rood is shown on a Plot thereof, recorded in Plot Book 47"at Page 101. of the
Pullfc Records of Want-Dodo County, Florida,
. Percel2
At that port of the North 100 feet of the South 200 feet oflot 1. of TATUM'S OCEAN PARK•
SUBDIVISION, according to the plat thereof, as recorded In Plot Book 10 of Page 64 of the
Public Records of Miarn1-Dade County, Florida, extending from the Erosion Control Line of the
Atlantic Ocean, sold line recorded in Plat Book 134 at Pagi= 47 of the Public Records of
Miami-Dole County, Florido, to :he cost right of Troy of State Rood'A-1-A (formerly Stale Rood
140), as said rood Is shown on a Plot thereof, recorded In Plot Book 47 at Page 101, of the
Public Records of Miami-Dade County. Florida.
Parcel 3 '
The Southerly 100 feet of Lot 1, of TATUM'S OCEAN PARK SUBDIVISION, according to the plat
thereof, cs recorded in Plot Bock 10 of Page 64 of the Public Records of Miami-Dade County,
Florida, said property described os follows:
Bounded on the West by the East right of way line of Oceon Boulevard (State Road A-I-A and
State Rod 140), said rood recorded in Plat Book 47 of Page 101 of the Public Records of
• Mlaml-Dole County. Florido: bounded on the East by the Erosion Control Line of'the Atlantic
•Ocean, said line recorded In Plot Book 134 at Page 47 of the Public Records of Miami-bode
County, Forida, bounded on the North by the Northerly line of the Southerly 100 feet of Lot 1;
bounded on the South by the Southerly line of referenced Lot 1,
WEISS SER.OTA HELFMAN
PASTOKIZA COLE & BONISKE, P.L.
MITCHELL BIERMAN,P.A. ATTORNEYS AT LAW ADRIAN J.ALVAREZ
NINA L.BONISKE,P.A. A PROFESSIONAL LIMITED LIABILITY COMPANY LILLIAN M.ARANGO
MITCHELL J.BURNSTEIN,P.A. SARA E.AULISIO
JAMIE ALAN COLE,P.A. INCLUDING PROFESSIONAL ASSOCIATIONS ROBERT H.DE FLESCO
STEPHEN J. HELFMAN,P.A. MIAMI-DADE OFFICE BROOKE P. DOLARA
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,P.A. CORAL GABLES, FLORIDA 33134 KAREN LIEBERMAN'
DAVID M.WOLPIN,P.A. JOHANNA M.LUNDGREN
ALEIDA MARTINEZ MOLINA'
DANIEL L.ABBOTT TELEPHONE 305-854-0800 KATHRYN M. MEHAFFEY
GARY L.BROWN FACSIMILE 305-854-2323
ROBERT A.MEYERS'
JONATHAN M.COHEN WWW.WSH MATTHEW PEARL
-LAW. JOHN J.QUICK'
IGNACIO G.DEL L VALLE
JEFFREY D.DECARLO BROWARD OFFICE TIMOTHY M.RAVICH'
ALAN L.GABRIEL AMY J.SANTIAGO
DOUGLAS R.GONZALES 200 EAST BROWARD BOULEVARD •SUITE 1900 GAIL D.SEROTA'
EDWARD G.GUEDES FORT LAUDERDALE,FLORIDA 33301 JONATHAN C.SHAMRES
JOSEPH HERNANDEZ TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 ESTRELLITA S.SIBILA
JOSHUA D.KRUT ALISON F.SMITH
MATTHEW H.MANDEL ANTHONY C.SOROKA
ANTHONY L. RECIO 'OF COUNSEL EDUARDO M.SOTO
BRETT J.SCHNEIDER JOANNA G.THOMSON
CLIFFORD A.SCHULMAN PETER D.WALDMAN.
ABIGAIL WATTS-FITZGERALD SAMUEL!.ZESKIND
LAURA K.WENDELL November 26, 2012
JAMES E.WHITE
VIA HAND DELIVERY AND EMAIL
Ms. Claudia Hasbun, Zoning Administrator
City of Sunny Isles Beach
17070 Collins Ave., Suite 250
Sunny Isles Beach, Florida 33160
Re: Amended Letter of Intent / Sunny Isles Beach Associates, LLC / Property
located at 16875-16901 Collins Avenue /Application for Site Plan Approval/
Approval for Use of Private TDRs /Approval for Use of Mural and Graphic
Design on Temporary Construction Fence /Approval for Release of Existing
Declaration of Restrictions and Grant of Easement and Approval of New
Declaration and Grant of Easement / Approval of New Median Cut for
Southbound Traffic on Collins Avenue
Dear Ms. Hasbun:
On behalf of Sunny Isles Beach Associates, LLC (the "Applicant"), the developer of the
proposed Jade 4 residential project located at the above referenced address (the "Property"), we
respectfully submit this letter of intent in connection with your Department's rules and
regulations for filing a Public Hearing Application in the City of Sunny Isles Beach.
The Applicant respectfully seeks approval to redevelop the Property from its former
vacant use with a new luxurious residential tower. The Property is comprised of two lots located
east of Collins Avenue along the Atlantic Ocean. The Applicant has retained the world
renowned architecture firm of Herzog & de Meuron to design an architectural landmark within
the City. While internationally recognized, Herzong & de Meuron are also locally well known
as the architects for the Miami Art Museum, presently under construction at Bicentennial Park in
downtown Miami (see attached image), as well as the award wining mixed use (residential, retail
and public parking garage) development located at 1111 Lincoln Road (see attached image).
Ms. Claudia Hasbun, Zoning Administrator
November 26, 2012
Page 2
When completed, this development will consist of 223 residential units within a 649 foot high
tower. Parking for the development will be provided within an underground garage, which will
allow for a beautiful garden along Collins Avenue as well as a stunning relationship between the
lobby, amenities and the beach. In order to effectuate this proposal, the Applicant respectfully
requests the following:
1. site plan approval adopting the plans entitled "Jade 4" as prepared by the
architecture firm of Herzog & de Meuron;
2. approval of the utilization of 22,764 square feet and 11 units of private
Transferred Development Rights (TDRs) in accordance with Section 265-23 of
the City's Land Development Regulations (LDRs)';
3. approval for the use of a mural and graphic design on a temporary construction
fence, pursuant to Section 265-63.3(G) of the LDRs.
4. approval of an increase in floor area ratio in accordance with Sections 265-35 of
the LDRs utilizing the following bonuses:
a. 0.10 - Beach Access Bonus;
b. 0.60 - Public Beach Recreational Enhancement Bonus;
c. 0.60 - Collins Avenue Public Streetscape Enhancements Bonus;
d. 0.20 - Sunny Isles Public Parking Bonus;
e. 0.20 - Public Oceanfront Park And Open Space Enhancements Bonus;
f. 0.20 - Educational And Cultural Infrastructure Bonus
g. 0.20 - Beach Access Trust Fund Contribution
5. approval for the release of an existing Declaration of Restrictions and Grant of
Easement ("Old Declaration") recorded at Official Record Book 25500 at Page
2304 of the Public Records of Miami Dade County and acceptance of a new
Declaration ("New Declaration").
6. approval for a new median cut to allow site access to southbound Collins Avenue
traffic.
Please note that no variances are sought by the Applicant.
Please note that on May 10, 2012, the City Commission adopted Resolution 2012-1909
approving the assignment of transfer development rights consisting of 127,737 square feet and
50 units to the Applicant to be used on this Property.
WEISS SEROTA HELFMAN
PASTOR.IZA COLE & BONISKE, P.L.
Ms. Claudia Hasbun, Zoning Administrator
November 26, 2012
Page 3
On June 17, 2004, the Sunny Isles Beach City Commission, approved Resolution No.
04-Z-85, as modified by Resolution No. 06-Z-100 on April 11, 2006, which permitted the
development of a project which was a 45 story, 232 unit multifamily condominium project which
was tentatively named "Paramount Beach". In conjunction with those approvals, the then
developer filed a Declaration of Restrictions and Grant of Easement, as required as a condition of
those approvals. The prior approvals had lapsed due to the economic crunch and the inability of
that developer to obtain the necessary building permit within the time permitted by the
approvals.
The Old Declaration created four (4) easements: a 15' wide beach access easement at the
north boundary of the property; a 15' wide beach access easement at the south boundary of the
property; a 10' wide Streetscape easement adjacent to Collins Avenue; and, a 10,000 square foot
Ocean Front Park Easement on the ocean-side of the property.
We request that the Old Declaration be released and, instead, a New Easement be
approved that would: eliminate the 15' southerly beach access easement; increase the width of
the northerly beach access easement; reconfigure the 10,000 square foot Ocean Front Park
Easement; and, reestablish the 10' wide Streetscape easement. It should be noted that by
increasing the width of the northerly beach access easement to 20' feet, that easement would be
combined with the existing 20 foot wide beach access easement that exists at the southern
boundary of the Jade Beach project, thereby creating a more appealing and accessible combined
40 foot northerly beach access easement.
Lastly, at present there is no median cut allowing direct access to the subject property.
As such, residents or visitors to the subject project traveling southbound on Collins Avenue
would have to drive approximately 875' south of the property to the intersection of Sunny Isles
Boulevard and Collins Avenue to make a U-turn right in front of the Newport Resort. As shown
in our submitted traffic study, of all of the intersections studied, this intersection operates at what
appears to be the lowest Level of Service of any intersection in the City. Moreover, as you are
aware, many times the intersection's ability to handle such U-turn traffic is further exacerbated at
any time that the Newport has any significant event, whether it be in the morning or evening. We
respectfully submit that adding additional U-turn traffic to this intersection would not be in the
best interest of either the City or the developer. Lastly, it should be also noted that allowing the
requested median cut would have a secondary benefit. At present, Jade Beach does not have
direct access to its site from southbound Collins Avenue traffic and their residents and visitors
have to travel approximately 1,100 feet to make their U-turn at the same, congested intersection
of Sunny Isles Boulevard and Collins Avenue. We also believe that removing Jade Beach's
traffic and our project's traffic from the intersection, along with changes to the timing of the
WEISS SEROTA HELFMAN
PASTORIZA COLE & BONISKE, P.L.
Ms. Claudia Hasbun, Zoning Administrator
November 26, 2012
Page 4
signal of that intersection will significantly improve the operation of the intersection and result in
a safer traffic situation.
The Applicant has already met with: the Miami-Dade County Fire Department to discuss
staging of the proposed development; the City of North Miami Beach regarding water
availability; Miami-Dade County Water and Sewer Department regarding sewer availability; the
Florida Department of Transportation regarding Collins Avenue; the Florida Department of
Environmental Protection regarding a storm water management permit, as well as building siting
in relationship to the Coastal Construction Control Line; and the Applicant has retained the
services of a consultant to process its application through the Federal Aviation Administration.
The Applicant is committed to continue to meet and discuss the proposed development with
these agencies throughout the site plan process and will obtain any necessary approvals from
these agencies prior to initiating construction.
We submit that the requested approval is consistent with the provisions of the City's
Comprehensive Plan and LDRs. Thank you for your consideration of this application. We look
forward to your favorable review. If we can provide you with additional information or
documents, please do not hesitate to contact me at(305) 854-0800.
Very truly yojjrs,
Cli prd A. Schulman
CAS/msr
2312.001
Enclosures
WEISS SEROTA HELFMAN
PASTOAIZA COLE & BONISKE, P.L.
Ms. Claudia Hasbun, Zoning Administrator
November 26, 2012
Page 5
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Ms. Claudia Hasbun, Zoning Administrator
November 26, 2012
Page 6
. _
i I v 4 i u..'ja i 11 £i' r • a=AA p
WEISS SEROTA HELFMAN
PASTORIZA COLE & BONISKE, P.L.
ATTORNEYS AT LAW
MITCHELL BIERMAN,P.A. ADRIAN J.ALVAREZ
NINA L.BONISKE,P.A. A PROFESSIONAL LIMITED LIABILITY COMPANY LILLIAN M.ARANGO
MITCHELL J.BURNSTEIN,P.A. SARA E.AULiSIO
INCLUDING PROFESSIONAL ASSOCIATIONS
JAMIE ALAN COLE,P.A. SONJA C.DARBY
STEPHEN J. HELFMAN,P.A. ROBERT H. DE FLESCO
GILBERTO PASTORIZA,P.A. MIAMI-DADE OFFICE
BROOKE P. DOLARA
MICHAEL S.POPOK,P.A. 2525 PONCE DE LEON BOULEVARD RAOUEL ELEJABAP.RIETA
JOSEPH H.SEROTA,P.A. CHAD S. FRIEDMAN
SUSAN L.TREVARTHEN,P.A. SUITE 700 ERIC P. HOCKMAN
RICHARD JAY WEISS.P.A. CORAL GABLES, FLORIDA 33134 HARLENE SILVERN KENNEDY'
DAVID M.WOLPIN,P.A. KAREN LIEBERMAN•
JOHANNA M.LUNDGREN
TELEPHONE 305-854-0800 MIA R. MARTIN
DANIEL L.ABBOTT ALEIDA MARTINEZ MOLINA•
GARY L.BROWN FACSIMILE 305-854-2323
KATHRYN M. ttE HAFF EY
JONA1 HAN M.COHEN WWW.WSH-LAW.COM ROBERT A. MEYERS•
IGNACIO G.DEL VALLE MATTHEW PEAR:.
JEFFREY D.DECARLO BROWARD OFFICE
JOHN J.QUICK`
ALAN L.GABRIEL 200 EAST BROWARD BOULEVARD • SUITE 1900 TIMOTHY M. RAVICH•
DOUGLAS R.GONZALES
EDWARD G.GUEDES FORT LAUDERDALE, FLORIDA 33301 AMY J.SANTIAGO
JOSEPH HERNANDEZ
TELEPHONE 954-763-4242 • FACSIMILE 954-764-7770 GAIL D.SEROTA.
JONATHAN C.SHAMRES
JOSHUA D.KRUT
ESTRELLITA S.SIBILA
MATTHEW H. MANDEL
ANTHONY L.RECTO 'OF COUNSEL ALISON F.SMITH
ANTHONY C.SOROKA
BRETT J.SCHNEIDER
EDUARDO M.SOTO
CLIFFORD A.SCHULMAN
JOANNA G.THOMSON
ABIGAIL WATTS-FITZGERALD December 13, 2012 PETER D.WALDMAN'
LAURA K.WENDELL
JAMES E.WHITE SAMUEL I.ZESKIND
Via Electronic Mail (chasbunasibfl.net)
Ms. Claudia Hasbun, Zoning Administrator
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Fl 33160
Re: Public Hearing Application Number Z2012-16 Development Name Change
Dear Ms. Hasbun:
On behalf of Sunny Isles Beach Associates, LLC (the "Applicant"), our firm submitted
Public Hearing Application Number Z2012-16 relating to a proposed residential development
entitled "Jade 4." After review and consideration, the Applicant has decided to change the name
of their proposed development from "Jade 4" to "Jade Signature." Please include this letter as
part of your records relating to this application.
If you have any questions or concerns please feel free to contact me.
Very truly yours,
•
Chad S. Friedman
CSF/mea
cc: Ms. Celina M. Vazquez, R.A.
Mr. Cliff Schulman, Esq.
22NE I SUNDAY,DECEMBER 9,2012 NE MiamiHerald.com I THE MIAMI HERALD
SOAPBOX
.= CITY OF SUNNY ISLES BEACH
NOTICE OF ZONING HEARING
Just say `no' to How to .
sound off
NOTICE inSthe David P�msontCommission hearing
Chambers Sunny held by the
Isles CBeachGovern Government n City,18070 Collins Wes
Avenue,
incorporation To submit your letter, Sunny Isles Beach,&pride on Thursday,December 20,at 6:30 p.m.,to consider the following Zweig application:
e-mail Tere Figueras at Application: Jade 4
Beware! Incorporation the majority voting block is tfugueras @MiamiHer- Location: 16875&16901 Collins Avenue
1 ty g ald.com,or write Soap- Public Hearing t Z2012-16
M.A.C.(Municipal Advise- not represented at all and box,c%Neighbors,One Summary:
ry Committee)is not equal- neither is Ojus or the very Herald Plaza,Miami,FL The Applicant is requesting site plan approval for a fifty-five(55)story condominium building with 223 dwelling
ly represented.According to small West Dixie commer- 33132.Fax: units located at 16875 and 16901 Collins Avenue.The Applicant is requesting a Transfer of Development Rights(TDRs)
the Herald in the Nov 19 ar- cial area.Is this a future'tax- 305-376-5287.Letters in the amount of 149,477 square feet of development rights and 81 units from private TDR Bank accounts.Further,the
tide the Highland Lake / ation without represents- must address a specific j Applicant is r uesti a
Sky Lake Association has tion,which equals tyranny' requesting approval of a mural and graphics for a temporary construction fence.
LOCAL issue,and must
chosen a different route to situation looming? , Requests:
becoming a city than a peti- Shouldn't we find out be signed with a name, 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,the Applicant is
tion drive.(They probably who this wannabe mayor, city or neighborhood,as requesting a site plan approval for a fifty-five(55)story condominium building with 223 dwelling units and
know they are unable to get council, and bureaucrats well number a telephone 646,978 square feet of Floor Area Ratio(FAR).
number for verification
the votes,for most people in are?After all,they are going purposes.Letters more 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations,the Applicant is
the area are opposed to in- to be dealing with our prop than 350 words will not requesting to approve the utilization of TDRs from a private TDR Bank account in the amount of 149,477 square
corporation.We know this erty,tax money,and lifestyle be accepted,and writers feet of development rights and 81 dwelling units for the condominium project.
from our records from the in their proposed vision of are limited to one letter 3. Pursuant to Section 265-63.3(G)of the City of Sunny Isles Beach Land Development Regulations,the Applicant
past incorporation attempt). this new city,for one thing every four weeks.Letters is requesting the use of graphics and murals on a temporary construction fence.
The article goes on to say these members are appoint- will run as space allows, The plans reviewed am on file,and may be examined,in the City Oerk's Office and are entitled"Jade 4",prepared by
that the M.A.C.is being re- ed by our local politician and may be edited for ADD,Inc.l Architecture+Design and Herzog&De Neuron as design Consultants consisting of 40 sheets stamped date
convened (with the mem- Commissioner Sally Hey- length,style and clarity. received November 26,2012;the survey entitled"Boundary&Topographic Survey",prepared by Fortin,Leavy,Slates,
hers from the original man.Food for your thoughts The deadline for letters Inc.,consisting of 2 sheets stamped date received November 26,2012;the Civil Plan prepared by VSN Engineering,Inc.
M.A.C.)which can serve as here.Are they doing this for consisting of 7 sheets stamped date received November 26,2012;and,the landscape plans by Raymond Jungles,Inc.
is noon Wednesday.
an alternative to a petition. altruistic reasons? consisting of 8 sheets stamped date received November 26,2012.
Of course,we know the ma- Please get involved and Legal: Parcel 1.All that part of the North 100 feet of the South 300 feet of Lot 1,ofTATUM'S OCEAN PARK SUBDIVISION,
on of its members come look at Sunday Neighbors tion and its associated bu- 9
jority Y �� according to the plat thereof,as recorded in Plat Book 10 at Page 64 of the Public Records of Miami-Dade
from the Highland Lakes for future meetings or call reaucratic expenses! County,Florida,extending from the Erosion Control Line of the Atlantic Ocean,said line recorded in Plat Book
area.The high density con- Miami-Dade at 305-375-1543. ALICIA PEREZ ROOK, 134 at Page 47 of the Public Records of Miami-Dade County,Florida to the East right of way of State Road
dominium area which holds Please say no to incorpora- SKY LAKE A-1-A(formerly State Road 140),as said road is shown on a Plat thereof,recorded in Plat Book 47 at Page 101,
of the Public Records of Miami-Dade County,Florida.
Parcel 2.All that part of the North 100 feet of the South 200 feet of Lot 1,of TATUM'S OCEAN PARK SUBDIVISION,
NEIGHBORS CALENDAR according to the plat thereof,as recorded in Plat Book 10 at Page 64 of the Public Records of Miami-Dade
County,Florida,extending from the Erosion Control Line of the Atlantic Ocean,said line recorded is Plat Book
=- 134 at Page 47 of the Public Records of Miami-Dade County,Florida to the East right of way of State Road
A-1-A(formerly State Read 140),as said road is shown on a Plat thereof,recorded in Plat Book 47 at Page 101,
•CALENDAR,FROM 9NE chimpanzees and orangutans.. formation that occurs when the of the Public Records of Miami-Dade County,Florida.
7 Distillery,232.9.Miami Club Rum artist "through focuses y and directs Parcel 3.The Southerly 100 feet of Lot 1,TARIM'S OCEAN PARK SUBDMSION,according to the plat thereof,
Distillery,2320 North Miami Avenue, pram"through the body out of the Y nA
novatiue tour from Compassion Wynwood.Entry is free from 11 am hands and fingers,along with as recorded in Plat Book 10 at Page 64 of the Public Records of Miami-Dade County,Florida,said property
International.Visitors will walk until 7pm.Fee may apply for special his/her individual inspired soul- described as follows:
through the stories of three impaver- events.www.facebook. consciousness,into materials such as
ished children living on three conti- com/CenterForGreatApes. pencil and paper.. Bounded on the West by the East right of way line of Ocean Boulevard(State Road A-1-A and State Road 140),
nents and will be able to see,hear Fountain Art Fair:Local Artist and 10:30 a.m.Dec.9.Rina Yoga(THE said road recorded in Plat Book 47 at Page 101 of the Public Records of Miami-Dade County,Florida;bounded
and touch their daily lives.. Art Teacher hitting the streets during ROADS),1250 CORAL WAY,Coral on the East by the Erosion Control Line of the Atlantic Ocean,said line recorded In Plat Book 134 at Page 47 of
10 am Dec 9.Calvary Chapel Art Basel! Way.PRICE:$35(Includes all Materi- the Public Records of Miami-Dade County,Florida;bounded on the North by the Northerly line of the Southerly
Kendall,16435 SW 117th Ave,.Free. Join Derek Wilson at Fountain als).305.856Yoga(9642). 100 feet of Lot 1;bounded on the South by the Southerly line of referenced Lot 1.
305-233-5433.bitly/Vgy3xY. Miami 2012 as he unveils,"Street www.rinayoga.com.
Flowers"a new series from his The Nightmare Before Christmas Size of Property: 2.487 acres(108,317 sq ft)
ARTS&CRAFTS Harriers Secret Collection.. Pabst Party:Come celebrate an
Art Miami and Context Art Miami: 7 p.m.Dec.9.Fountain Art Fair, unorthodox Christmas with Miami's Zone: Mixed-Use Resort
Art Miami and Context Art Miami will Wynwood Art District 2505 N Miami most progressive art gallery-AVE 74! All persons are belted m appear at this meeting Of be represented by an alum,or m express their views n writing addressed to the
collectively cutting-edge ledge trite pee.Miami-312-Wynw wilson-art.net. FREE 18+TO WITH COVER City Clerk,City of Sunny Isles Beach,18070 Collins Avenue,Sunny Isles Beach,Reba,33160.The cowls have ruled that it is hempen°
emerging and cutting-edge torte°- TeHe.ling of the He rtlThroughet DRINK$10 if TO PARTY,this 21+TO
porery art_ The Healing of the Heart Through DRINK$10 if you join this event on contact a City Commission member lbsbualry,either orally or in writkq about any zoning applications.Maps and other data pertaining
Damn Dec.9.The Art Miami Art with Lauranda Hook Welcome FB,OR$12 at the door.. to these applications am available for public inspection during normal business hours In City Has Any zoning hearing may be continued
Pavilion,3101 NE First Ave.,Wyn- the hidden artist within you! 9 p.m.Dec.14.Ave 74-A Miami I at t es meeting and under such circumstances,additional legal notice wont not be provided.My persons wislag to speak at a public
wood.Admission is$20;$40 for This workshop is designed to Art Gallery,4432 SW 74th Ave., hearing should register with the City Clerk prior to that item being heard.Inquiries regarding the Rem may be directed to the City Clerk
multi-day pass;$10 for students. strengthen your will&mind so that Glenvar Heights.10,00. at(305)792-1703.Please refer to the hearing number when making an kgaky.If a person decides to appeal cry decision made br the
305-934-0927.www.art•m!ami.can a you can distribute inner healing 305-666-3355. City Commission with respect to any matter considered at such meeting or hearing,they will need a record of the proceedings and,for
Eidogered-M Exhibit to benefit energies throughout your body with wwwave74artgallery.tom/. such purpose,may need to ensure that a verbatim record of the proceedings is made,which record excludes the testimony and evidence
The Canter for Great Apes:Top Heart opening&Restorative The Warrlor's Dream:Co-curated by upon which the appeal Ism be based.This notice does not constitute consent by the City for introduction or admission of otherwise
artists will show their works at a asanas the people behind Foxhole bar the inadmissible or inelevant evbense,nor does R authorize challenges or appeals rat otherwise allowed by law.
special exhibition entitled EN- Meditation NYC art collective called TWD will
DANGERED to raise funds for The Breathing Exercises transform a raw 3000sq ft space In accordance with the Amino=with DisablIMesAct•all persons who are disabled and who need special accommodaWm to participate
Center for Great Apes,a non-profit Mandela in this meeting because of that disability should contact the City Manager at 305-792-1701,no later than 48 hours prior tothe proceeding;
sanctuary that rescues and protects Experience the magical trans- •TURN TO CALENDAR,23NE if hearing impaired,please telephone the TDD line at 305.792-1590 for assistance.
Page:NabesNE_13, Pub.date:Sunday, December 9 Last user:cci
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r
ottNYfsz
ok se City of Sunny Isles Beach
I 18070 Collins Avenue vim
Sunny Isles Beach,Florida 33160
•
ye.p9''F ca•°P yw� (305)947-0606 City Hall
c`).+o: 5.4t414 ao (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: VIA: Christopher Russo,City Manager
FROM:Claudia Hasbun,City Planner
DATE: 1/8/2013
RE: Site Plan Application
Jade Signature-Sunny Isles Beach Associates,LLC.
16875& 16901 Collins Avenue
Appl.No.Z2012-16
RECOMMENDATION:
The application is consistent with the City Comprehensive Plan and with the City Land
Development Regulations.
REASONS:
The Applicant is seeking site plan approval for a proposed development encompassing a 55 story,
and 223 unit condominium with 646,978 square feet. The proposed project is intended to utilize
the maximum 2.1 Floor Area Ratio(FAR)bonuses. The Applicant is also applying for transfer of
development rights (TDRs) in the amount of 149,477 square feet of floor area and 81 dwelling
units from Private TDR Bank accounts. The Applicant is seeking approval of the use of mural
and graphics on temporary construction fencing. Finally, approval for a new median cut to allow
southbound Collins Avenue traffic to access the site is being requested.
The Applicant's property is located at 16875 and 16901 Collins Avenue. A previous site plan was
approved for a 45-story, 232-unit residential development pursuant to Resolution No. 04-Z-85,
adopted on June 17, 2004 and as modified by Resolution No. 06-Z-100 on April 11, 2006 for the
Paramount Beach project.
ATTACHMENTS:
• Zoning Hearing Notice
• Staff Report
• Application
• Letter of Intent
• Letter of Intent-Addendum
• Notice of Public Hearing Miami Herald
Agenda Item
Date I ' D' I 3