HomeMy Public PortalAbout2007-16 Approving a Site Plan SBR-Fortune Associates, LLLPRESOLUTION NO 2007-16
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A
SITE PLAN FOR AN APARTMENT BUILDING WITH
ACCESSORY FACILTIES AT 350 OCEAN DRIVE, KEY
BISCAYNE, FLORIDA, PROVIDING FOR RECORDING,
PROVIDING AN EFFECTIVE DATE
WHEREAS, SBR-Fortune Associates, LLLP (the Applicant) has applied for approval of
a site plan for an 165 unit apartment building with accessory facilities the address of 350 Ocean
Dnve, which property is legally described in attached Exhibit "A" hereto, and
WHEREAS, the Village Council has held the properly noticed public hearings required
under the Village of Key Biscayne, Flonda, Zoning and Land Development Regulations, and
WHEREAS, the Village Council finds that the proposed site plan, with certain
conditions, meets each of the applicable review cntena for approval in Section 30-80 of the
Zoning and Land Development Regulations
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS
Section 1 Recitals Adopted That the recitals set forth above are hereby adopted and
confirmed
Section 2 Site Plans Approved The Site Plan prepared by Glover Smith Bode, Inc ,
dated March 29, 2007, and consisting of pages G1 0, Al 0, Al 1, A2 0 through A2 3, A3 0, A3 1,
A4 0, A5 0 through A5 5, A6 0 through A6 5, A7 0 through A7 7, C-1 through C-6, LO 0, LO 01,
L1 00, and D-1 through D-2 is hereby approved, subject to the following conditions in Section 3
below
The Alternative Site Plan prepared by Glover Smith Bode, Inc , for "Sonesta Resort"
dated March 29, 2007, and consisting of pages G1 0, Al 0, A2 1, A2 3, A5 2, and A6 3 is hereby
approved, subject to all of the conditions set forth in Section 3 below, in particular the revisions
set forth in condition 13
Section 3 Conditions The approvals granted by this Resolution are subject to the
Applicant's compliance with the following conditions, to which the Applicant stipulated at the
public hearing
1 Pursuant to policy 1 4 1 (1) (B) of the Village of Key Biscayne Master Plan and
the Land Development Regulations This approval is subject to the condition that
the necessary parks and recreation facilities of 2 5 acres per 1,000 permanent
population are in place and available either 1) pnor to the issuance of the first
Certificate of Occupancy, 2) or construction of the facilities may begin up to one
year after the issuance of the Certificate of Occupancy if the facilities are subject
to a binding executed contract for the construction of the facilities to be completed
within one year of the time the certificate of occupancy is issued
2 A detailed Landscape Plan for the project for all site landscaping shall be
approved by the Village Building, Zoning, and Planning Director pnor to the
issuance of the first building permit for a pnncipal building,
3 A detailed Sidewalk and Walkway Master Plan with finishes shall be approved by
the Village Building, Zoning, and Planning Director prior to the issuance of the
first building permit for a principal building,
4 The Applicant shall construct a 16 inch water main on the Applicant's property
pursuant to regulatory standards and easements,
5 The Applicant shall provide written documentation from the appropnate
regulatory agencies that domestic water and fire protection needs have been
satisfied This documentation shall be approved by the Village prior to the
issuance of a building permit,
6 The Applicant shall grant the Village, as shown on the approved site plans, an
improved 25 ft wide public dedicated beach access easement, in a form
acceptable to the Village Attorney, on the north side of the property from Ocean
Dnve to the public beach pnor to the issuance of the first Certificate of
2
Occupancy Improvements in said easement shall be constructed and maintained
by the Applicant pursuant to plans approved by the Village Building, Zoning, and
Planning Director,
7 The Applicant shall grant to the Village, as shown on the approved site plans, a
improved 25 ft wide public dedicated beach access easement, in a form
acceptable to the Village Attorney, on the south side of the property from the East
Heather property line to the public beach prior to the issuance of the first
Certificate of Occupancy Improvements in said easement shall be constructed
and maintained by the Applicant pursuant to plans approved by the Village
Building, Zoning, and Planning Director,
8 As shown on the Site Plans, the Applicant shall grant to the Village an improved
dedicated easement guaranteeing perpetual public access over an area varying
from 75 — 100 ft wide (the intent being to provide the maximum amount of public
access reasonably feasible), in a form acceptable to the Village Attorney, on the
west side of the property from Sonesta Drive to East Enid Drive pnor to the
issuance of the first Certificate of Occupancy Improvements in said easement
shall be constructed and maintained by the Applicant pursuant to plans approved
by the Village Building, Zoning, and Planning Director
9 The Applicant shall construct a six foot high CBS wall containing sound buffering
and absorbing materials generally along the west property line In addition, a gate
shall be provided to each property owner abutting such wall should the owner
request a gate the archway over said gate may reach a maximum height of eight
(8) feet,
10 The Applicant shall reconstruct the improvements, including sidewalk, paving,
drainage, and landscaping on Sonesta Dnve and Ocean Dr from the project main
entrance to Crandon Boulevard The design of such improvements shall be
approved by the Village Building, Zoning, and Planning Director no later than the
last Village Council meeting in December 2007 and the owner shall construct the
improvements pnor to the issuance of the final Certificate of Occupancy for the
first building completed
11 Dunng the period of construction, Sonesta Dnve shall be primarily used for
construction vehicles, deliveries, guests, and employees as the means of accessing
the project The Village Manager may authonze the use of East Heather Dnve on
those occasions when Sonesta Drive can not reasonably be used
12 Dunng the period of demolition and construction, an eight ft high construction
fence with dust screening shall be erected along each property boundary prior to
the issuance of the first demolition permit and shall remain in place until the first
3
Certificate of Occupancy is issued or other penmeter fences or walls are erected
Said fence may be temporarily moved or removed to allow for construction of
improvements or landscaping to be placed along the property lines as required by
the approved plans or these conditions
13 If the Village Council should find that the westerly 50 ft of the Ocean Drive right
of way is not necessary for nght of way purposes after a duly noticed and properly
conducted public heanng (the "Excess Right of Way") and decides to vacate the
Excess Right of Way within 6 months of the Site Plan approval, the applicant
agrees to develop the property substantially in accordance with the Alternate Site
Plan for "Sonesta Resort" prepared by Glover Smith Bode Inc dated 3/29/07 and
last revised Apnl 13, 2007, (the "Alternate Site Plans"), which are hereby
conditionally approved as part of this Site Plan approval As shown on the
Alternate Site Plans the applicant agrees to increase the westerly tower setbacks to
100 feet and increase the width of the westerly public access easement on the
northerly 300 feet of the property
14 Whenever the term "substantially in accordance with" or "substantially in
compliance with" is used in this Resolution or any voluntary covenant or
agreement, said determination shall be made by the Building, Zoning, and
Planning Director in his/her reasonable discretion
15 The elevations presented on pages A7 0 and A7 1 shall be used for the project
16 The restaurant(s), spa, and beach bar and grill within the development shall be
accessible to the general public, subject to reasonable rules and regulations on
access
Section 4 Acceptance of Voluntary Covenant The voluntary covenant that was
proffered and executed by the Applicant on April 16, 2007, attached as Exhibit "B" to this
Resolution, is hereby accepted by the Village
Section 5 Recordmg This Resolution shall be recorded, prior to the issuance of a
building permit, by the Applicant at its expense in the public records of Miami -Dade County A
copy of the proof of recordation shall be submitted to the Building, Zoning and Planning
Department pnor to the issuance of any building permits
4
Section 6 Effective Date That this resolution shall become effective upon its
adoption
PASSED AND ADOPTED this 16th day of Apnl, 2007
VICE M YOR JORGE E MENDIA
AT
CHITA H ALVAREZ, CMC, VILLAGE CLE
APPROVED AS ► ORM AND LEGAL SUFFICIEN
VILLAGE •` TO E
5
1)
1101(10
VOLUNTARY COVENANT
SBR-Fortune Associates, LLLP, a Florida limited liability limited partnership, ("Owner")
hereby voluntarily makes, declares, and imposes on the property described below (the
"Property"), these covenants running with the title to the land, which shall be binding on the
Owner, its heirs, successors and assigns, personal representatives, mortgagees, lessees, and
against all persons claiming by, through, or under them until such time as this instrument is
released in writing as hereinafter provided,
WHEREAS, Owner holds the fee simple title to the property in Dade County, Florida,
described as follows
See Exhibit "A"
WHEREAS, Owner intends to develop the Property with 165 residential condominium
units and resort facilities, including a spa, restaurant, and beach bar and grill (the "Project"), and
WHEREAS, the Owner has filed an application for site plan approval with the Village of
Key Biscayne (the "Village"), which application has been designated with Public Hearing No
AP -17 (the "Application"), and
WHEREAS, the Owner in a spirit of community support and as a gesture of good will
has offered to make certain voluntary donations and other commitments for the benefit of the
Village and the general public, all as more particularly set forth in this Voluntary Covenant
NOW THEREFORE, in consideration of the premises and as an inducement for the
approval of the Application, the Owner covenants as follows
1 CONTRIBUTIONS The Owner voluntarily commits to make the following
monetary contributions to the Village
1
MIAMI 1299625 10 7712926862
4/16/07
1 1 Local Park and Recreation Contribution
The Owner shall contribute the sum of $7,000,000 00 to the Village to be used in
its sole and absolute discretion for park and recreation purposes for the residents of Key
Biscayne Said contribution shall be made prior to or simultaneously with the issuance of the
first Certificate of Occupancy issued for the Property or other approval allowing occupancy of
the Project, however, in no event will said contribution be made later than four (4) years from the
Effective Date under Section 3 of this Covenant so long as at the time there is no pending
judicial or administrative challenge to any development approval or development penult issued
for any principal building or principal component of the Project Further, if there are judicial or
administrative challenges filed against the permits or approvals for the major components of the
Project after the Effective Date said four (4) year timeframe shall be tolled during the pendency
of said challenges
1 2 Community Center
The Owner further agrees that it shall contribute $1,500,000 00 to the Village to
be used in its sole discretion for the (i) acquisition of land, or (ii) design and physical
construction of improvements to the Village's Community Center or facilities directly related
thereto These funds shall be payable to the Village prior to or simultaneously with the issuance
of the first full building permit for the development of the Project, not including demolition
permits or site work permits) (the "First Building Permit "), however, in no event will said
contribution be made later than four (4) years from the Effective Date under Section 3 of this
Covenant, so long as at the time there is no pending judicial or administrative challenge to any
development approval or development permit issued for any principal building or principal
2
MIAMI 1299625 10 7712926862
4/16/07
component of the Project Further, if there are judicial or administrative challenges filed against
the permits or approvals for the major components of the Project after the Effective Date said
four (4) year timeframe shall be tolled during the pendency of said challenges
(1)
1 3 Holiday Colony Sewer Installation
(1) The Owner agrees that it shall contribute $1,500,000 00 to the
Village to be used in its sole discretion for the installation, improvement, or maintenance of
sewers in the Holiday Colony neighborhood located between Crandon Boulevard and the
Property Said contribution to be made prior to the issuance of the First Building Permit,
however, in the event that the Village is prepared to commence construction of the Holiday
Colony sewer facilities prior to the issuance of the First Building Permit, the Owner agrees to
advance said contribution to the Village upon 90 days written notice from the Village Should
this advance payment be made and the development of the Project not proceed for any reason,
the amount of the advanced contribution shall remain as a credit attributable to the Property to be
applied to future or other permit fees due and owing to the Village for the future development of
the Property
2 ALTERNATE SITE PLAN The Owner hereby acknowledges that the Village
intends to consider abandonment and vacation a portion of Ocean Drive adjacent and contiguous
to the Property, specifically the west fifty feet (50') of said public right-of-way (the "Excess
ROW")
The Owner voluntarily agrees that if the Village vacates the Excess ROW on or before
December 4, 2007, the Owner will develop the Property substantially in accordance with the
3
MIAMI 1299625 10 7712926862
4/16/07
plans entitled Sonesta Resort, Alternate Site Plan, dated April 13, 2007 and consisting of 6
sheets, prepared by Glover, Smith, Bode Inc
3 EFFECTIVENESS The obligations and commitments of the Owner under this
Covenant shall become effective and binding upon the expiration of all appeal periods available
for any challenge to the approval of the Application, however, in the event that judicial or
administrative proceedings ensue which challenge the approval of the Application, the terms and
conditions contained herein shall not become effective until final adjudication, upholding the
approvals, or the issuance of the first full building permit (not including demolition permits) for
development of the Project should the Owner choose to seek issuance of such permits prior to
final adjudication For the purposes of this Section and the Covenant, the date upon which all
applicable appeal periods have expired or the date of final adjudication upholding the approval of
the Application shall be deemed the "Effective Date"
4 TERM OF DECLARATION
The provisions of this instrument shall become effective in accordance with the terms
contained herein Upon the expiration of all applicable appeal periods so that the approval of the
Application is final, this Covenant shall be recorded in the public records of Miami -Dade
County, Florida, and shall be a covenant running with the land binding upon the Owner and its
successors and assigns, and shall continue in effect for a period of thirty (30) years after the date
of such recordation, or until all of the obligations and conditions of this covenant have been
satisfied, or until the final expiration of the Approval of the Application without the development
of the Project proceeding, whichever comes first The Village agrees to release this Covenant in
writing upon the satisfaction of the obligations or the final expiration of the Approval of the
Application in writing
4
MIAMI 1299625 10 7712926862
4/16/07
5 MODIFICATION
The provisions of this instrument may be amended, added to, derogated, deleted,
modified, or changed from time to time by recorded instrument executed by the then Owner or a
majority of the owners of all of the Property, or in the event a property owners association or
other similar entity has been created by that entity, provided that such modification, amendment,
or release is also approved by the Village of Key Biscayne Council, after public hearing
Should this Voluntary Covenant be so modified, amended, or released, the Village
Manager, or his/her successor, shall forthwith execute a written instrument effectuating and
acknowledging such modifications, amendment, or release
6 ENFORCEMENT
Enforcement shall be by action at law or in equity against any parties or persons violating
or attempting to violate any covenants, either to restrain violation or to recover damages The
prevailing party in the action or suit shall be entitled to recover, in addition to costs and
disbursements allowed by law, such sum as the court may adjudge to be reasonable for the
services of his attorney
5
MIAMI 1299625 10 7712926862
4/16/07
IN WITNESS WHEREOF, these presents have been executed this
2007
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE
day of April,
SBR-FORTUNE ASSOCIATES, LLLP a Florida
limited liability limited partnership
By Fortune KB GP, LLC a Florida limited liability
company, General Partner
By Fortune International Manageme t Inc
a Florida, .:.• ora r e n its ► anager
B
y 11
Name dgaro Defortuna
Title Preside i t
Date April / 692007
Signa ure of Applicant Sworn to (or affirmed) and subscribed before me this
, 200 7 , by Q au
making\statement)
Orx
re of Nota ublic - S
day of
name of person
f Florida
Print, Type, or Stamp
Commissioned Name of Notary Public
OR Produced Identification
ion Produced
6
ft:1Y1,4.�, Suthan Perez
f4 �`• `�= Commission #DD2955B4
of a�`E Expires MAR 02 2008
,' WIT/ A'90NNOTARYcom
MIAMI 1299625 10 7712926862
4/16/07
ACKNOWLEDGMENT AND ACCEPTANCE
BY VILLAGE OF KEY BISCAYNE
KNOW ALL MEN BY THESE PRESENTS that
The Village of Key Biscayne acknowledges and accepts the foregoing Voluntary
Covenant, and each and all of the terms and provisions contained therein, made by SBR-
ASSO TES, LLLP, a Florida limited liability limited partnership dated
and attached hereto
ay of
Village Clerk
STATE OF FLORIDA
COUNTY OF DADE
ae
VILLAGE OF KEY BISCAYNE
The foregoin AS -7'.4- ent was acknowledged before me this a day o i,o
�� r7
2007, by,,, �t�
06-0, V� 0szy 0he Village of Ke ed to b led
Village Clerk, of the Village of Key Biscayn who are personally known t me, or produced
Florida Driver's Licenses as identification
7
N • ARY PUBLIC
ifyi-efA eto
Typed or Printed Name
err pp fQ g ON # DD 483059
:a 4 EXPIRtS October 18 2009
�''tpr mod'' Bonded Thru Notary Public Underwriters
MIAMI 1299625 10 7712926862
4/16/07
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL I
ALL THAT PIECE, PARCEL OR LOT OF LAND SITUATE, LYING AND BEING IN THE
SW 1/4, SECTION 32 AND FRACTIONAL SECTION 33, TOWNSHIP 54 SOUTH, RANGE
42 EAST, IN THE CITY OF KEY BISCAYNE, COUNTY OF MIAMI-DADE, STATE OF
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCE AT THE S W CORNER OF TRACT 6, SUBDIVISION OF A PORTION OF
MATHESON ESTATE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 46 PAGE 86 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, THENCE
RUN ALONG THE SOUTH LINE OF TRACT 6, EAST FOR A DISTANCE OF 1200 00 FEET
TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND,
SAID POINT OF BEGINNING ALSO BEING THE S E CORNER OF THE PLAT OF
HOLIDAY COLONY AS RECORDED IN PLAT BOOK 50 AT PAGE 87, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, THENCE CONTINUE EAST FOR A
DISTANCE OF 761 0 FEET MORE OR LESS TO THE MEAN HIGH WATER LINE OF THE
ATLANTIC OCEAN, THENCE MEANDER NORTHWESTERLY, NORTHERLY AND
NORTHEASTERLY ALONG THE MEAN HIGH WATER LINE OF THE ATLANTIC
OCEAN FOR A DISTANCE OF 518 3 FEET MORE OR LESS TO A POINT LYING 500 00
FEET NORTH OF THE SOUTH LINE OF TRACT 6 EXTENDED EAST AS MEASURED AT
RIGHT ANGLES, THENCE RUN WEST ALONG A LINE 500 00 FEET NORTH OF, AND
PARALLEL TO, THE SOUTH LINE OF SAID TRACT 6, AS MEASURED AT RIGHT
ANGLES, FOR A DISTANCE OF 631 9 FEET MORE OR LESS TO A POINT, THENCE
RUN SOUTH 0°38'55" WEST FOR A DISTANCE OF 327 79 FEET TO A POINT, THENCE
RUN NORTH 89°24'30" WEST FOR A DISTANCE OF 157 55 FEET TO A POINT OF NON -
TANGENCY WITH A CIRCULAR CURVE CONCAVE TO THE WEST, THE CENTER OF
WHICH BEARS NORTH 89°51'26" WEST FROM THE AFOREMENTIONED POINT OF
NON -TANGENCY, SAID POINT ALSO BEING A POINT ON THE EASTERLY LINE OF
BLOCK 5 OF THE PLAT OF HOLIDAY COLONY, AS RECORDED IN PLAT BOOK 50,
PAGE 87 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, THENCE RUN
SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE HAVING FOR ITS
ELEMENTS A CENTRAL ANGLE OF 3°14'04" AND A RADIUS OF 3081 59 FEET FOR A
DISTANCE OF 173 96 FEET TO THE POINT OF BEGINNING
AND
8
MIAMI 1299625 10 7712926862
4/16/07
PARCEL 2
ALL THAT PIECE PARCEL OR LOT OF LAND SITUATE, LYING AND BEING IN THE
SW 1/4, SECTION 32, TOWNSHIP 54 SOUTH, RANGE 42 EAST, IN THE CITY OF KEY
BISCAYNE, COUNTY OF MIAMI-DADE, STATE OF FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCE AT THE SW CORNER OF TRACT 6, SUBDIVISION OF A PORTION OF
MATHESON ESTATE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 46, PAGE 86 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
THENCE RUN ALONG THE SOUTH LINE OF TRACT 6, EAST FOR A DISTANCE OF
1200 00 FEET TO A POINT OF NON -TANGENCY WITH A CIRCULAR CURVE
CONCAVE TO THE WEST, THE CENTER OF WHICH BEARS NORTH 86°37'22" WEST
FROM THE AFOREMENTIONED POINT OF NON -TANGENCY, SAID POINT ALSO
BEING THE SE CORNER OF THE PLAT OF HOLIDAY COLONY, AS RECORDED IN
PLAT BOOK 50, PAGE 87 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
THENCE RUN NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE, HAVING
FOR ITS ELEMENTS A CENTRAL ANGLE OF 3°14'04" AND A RADIUS OF 3081 59 FEET
FOR A DISTANCE OF 173 96 FEET TO THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED PARCEL OF LAND, THENCE CONTINUE NORTHERLY AND
NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE HAVING FOR ITS
ELEMENTS A CENTRAL ANGLE OF 10°46'23" AND A RADIUS OF 3081 59 FEET FOR A
DISTANCE OF 579 42 FEET TO A POINT, SAID POINT ALSO BEING A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF EAST DRIVE, THENCE RUN ALONG THE SAID
RIGHT WAY LINE, EAST FOR A DISTANCE OF 160 62 FEET TO A POINT OF
CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST, THENCE RUN
ALONG THE ARC OF SAID CURVE HAVING FOR ITS ELEMENTS A CENTRAL ANGLE
OF 80°19'47" AND A RADIUS OF 25 00 FEET FOR A DISTANCE OF 35 05 FEET TO A
POINT OF COMPOUND CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE
WEST, SAID POINT ALSO BEING A POINT ON THE WESTERLY RIGHT OF WAY LINE
OF OCEAN BOULEVARD, THENCE RUN SOUTHERLY ALONG THE SAID WESTERLY
RIGHT OF WAY LINE ON THE ARC OF THE CIRCULAR CURVE HAVING FOR ITS
ELEMENTS A CENTRAL ANGLE OF 4°03'53" AND A RADIUS OF 3260 29 FEET FOR A
DISTANCE OF 231 29 FEET TO A POINT, THENCE LEAVING THE SAID RIGHT OF
WAY LINE, RUN WEST 1 87 FEET TO A POINT, THENCE RUN SOUTH 0°38'55" WEST
FOR A DISTANCE OF 327 79 FEET TO A POINT, THENCE RUN NORTH 89°24'30" WEST
FOR A DISTANCE OF 157 55 FEET TO THE POINT OF BEGINNING
9
MIAMI 1299625 10 7712926862
4/16/07