2002-25061 Reso
RESOLUTION NO. 2002-25061
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH
SETTING A PUBLIC HEARING TO CONSIDER
APPROVING A MODIFICATION TO THE
DECLARATION OF RESTRICTIONS ON THE AQUA
PROJECT LOCATED ON ALLISON ISLAND, TO
ALLOW AN ADJUSTMENT TO THE HEIGHT OF
HABITABLE SPACE PERMITTED IN THE
DEVELOPMENT, BUT NOT TO EXCEED THE HEIGHT
PRESENTLY PERMITTED FOR NON HABITABLE
SPACE.
WHEREAS, 63rd Street Associates, Ltd. ("Owner"), is the Owner of property
that is subject to that certain Declaration of Restrictions, recorded in Official Records
Book 9094, Page. 4800, of the Public Records of Miami-Dade County, Florida
("Declaration"); and
WHEREAS, Owner wishes to amend the Declaration to allow an increase in
the height of habitable space, but not to exceed the height presently permitted for
nonhabitable space such that the increase will not be visibly noticeable; and
WHEREAS, Owner has obtained the consent to amend the Declaration of
Restrictions from three of the following four interested Homeowners' Associations:
Allison Island Homeowners' Association; Alton Road Homeowners' Association; La
Gorce Island Homeowners' Association; La Gorce/Pine Tree Drive Homeowners'
Association, as required by the Declaration; and
WHEREAS, the Declaration requires that any modification to the Declaration
be approved by the City Commission after public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; that a public hearing to
consider the proposed modification to the Declaration of Restrictions on the property for
the Aqua project, as described above, is hereby scheduled on December 11 2002
at 11: 15 AM in the City Commission Chambers at 1700 Convention Center Drive, Miami
Beach, Florida, and the City Clerk is hereby authorized and directed to publish and
distribute the appropriate public notice of the public hearing at which time all interested
parties will be heard,
PASSED and ADOPTED this 13th day of
ATTEST:
~' <0-~
~ITY CLERK
Resolution No. 2002-25061
,2002.
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
T:\AGENDA\2002\NOV1302\CONSENTlAqua resa to set public hearing.wpd
2
10... :?b ..()?-
Date
.~#
,-
This instrument was prepared by and
when recorded should be returned to:
Santiago D, Echemendia, Esq.
Tew Cardenas Rebak Kellogg
Lehman DeMaria & Tague, L,L,P,
Miami Center, 26" Floor
20 I South Biscayne Boulevard
Miami, FL 33131
~H I 9094 p~ 4800
OOR212 13 1 2000 MAY 03 15:H
DECLARATION OF RESTRICTIONS
The undersigned, as Owner of the following described real property (the .Property.), lying, being
and situated in Miami-Dade County, Florida, and legally described as follows:
See attached Exhibit. A."
IN ORDER TO ASSURE the City Commission of tire City of Miami Beaclr that the representations made
to them by the Owner will be abided by, the Owner, its successors and/or assigns freely, voluntarily and
without duress makes the following Declaration of Restrictions covering and running with the Property:
(1) That this Declaration shall become final and shall be recorded at Owner's cost in the Public
Records of Miami-Dade County conditional upon the final, non-appealable approvals of
the following pending applications by the City Commission of the City of Miami Beach,
Florida ("City Commission"):
a. File No, 1391A: Zoning Map Change
b, File No, 139IB: Future Land Use Map Change
c, File No, 1392A: RM-PRD2 Land Development Regulations
d, File No, 1392B: Comprehensive Plan Text Amendment
In the event that approvals of any of the foregoing applications are appealed to the Florida
Department of Community Affairs ("DCA") or other body or court with jurisdiction over
the matter, this Declaration shall become final and shall be recorded upon the resolution of
such appeals affirming the City Commission's approvals, Finality and recordation shall
determine the effective date of this Declaration ("Effective Date"),
Upon failure to obtain a final, non-appealable approval from the City Commission, or
failure to obtain affirmation of City Commission approval for any of the foregoing
applications, this Declaration sh,all automatically terminate and be of no further force and
effect.
(2) That the Owner shall demolish and remove from the Property within 12 months of the
Effective Date all remaining hospital structures with the exception of the Morris Tower.
(3) Total maximum Accessory Commercial Space on the Property shall be limited to 1000
Square Feet.
(4) There will be a maximum of one hundred eighty (180) dwelling units on-the Property.
(5) No amendments to this Declaration of Restrictions shall be pcrmincd without approval
from any thrce of the four following Homcowners' ^ssociations:
J~?
:~-.
~~~ I 9094PG 480'
. .
(i) Allison Island Homeowners' Association
(ii) Alton Road Homeowners' Association
(iii) La Gorce Island Homeowners' Association
(iv) La Gorce/Pine Tree Drive Homeowners' Association
Owner may apply for modification for up to five (5) percent of any particular provision of
this Declaration of Restrictions without approval of the aforelisted homeowners'
associations, Notwithstanding the foregoing, Owner covenants not to seek increases for the
following provisions:
(i) 1000 square foot limit for total maximum accessory commercial space,
(ii) Height limit of 120 feet.
(iii) Maximum of 180 dwelling units on the Property,
(6) The height limitations for the habitable space of the townhouses and apartments as
approved under File No, 1392A shall not be modified.
(7) The proportionate allocations of the Property for townhouses and apartments, as approved
under File No, 1392A, shall not be modified;
(8) A maximum of20% of townhouses shall have a width of eighteen (18) feet. The remaining
townhouses shall have a width of twenty-four (24) feet or greater,
(9) There shall be one view corridor ofa minimum of forty (40) feet between newly constructed
buildings on the current location of the East Tower,
(10) Owner shall submit a landscape plan to the Design Review Board for approval. Owner shall
send each Homeowners Association listed in Paragraph 5 a copy of the landscape plan prior
to the landscape plan's consideration by the Design Review Board,
(II) Owner shall have the right to continue to use all occupied office space of the Morris Tower
for office use from the date of final, non-appealable approval of all applications listed in
Paragraph I, for a period of up to twenty-four (24) months, After the expiration ofthe
twenty-four (24) month period, the Morris Tower shall be limited to residential purposes
and accessory commercial purposes on the first floor.
(12) Ingress and egress to and from the Property will be aligned such that a single traffic light
shall control both Allison Island North and Allison Island South. Owner shall make good
faith efforts to make a right turning lane available for the South side of Allison Island at this
intersection. Any such improvements are subject to the approval of the Florida Department
of Transportation and the City of Miami Beach.
(13) The Property shall be developed in phases. The first phase of development shall include
construction of the apartments, as approved under File No. 1392A, and shall include the
equivalent of one block of townhouses.
Inspection. It is hereby understood and agreed that an)' official inspector of tire City of Miami
Beach or its agents duly authorized, may have the privilege at any time during normal working hours of
entering and investigating the use of the premises to determine whether or not the requirements of the
Building and Zoning regulations and the conditions of this declaration are being complied with.
..
"
m 19094;h 4802
Application of Declaration, These restrictions during their lifetime shall be for the benefit of, and
. limitation upon, all present and future owners of the Property and for the public welfare,
. This Declaration on the part of Owner shall constitute a covenant running with the land, shall be
recorded in the public records of Miam i-Dade County, Florida, and shall remain in full force and effect and
be binding upon the undersigned, their heirs, successors and assigns,
Term of Declaration. This Declaration on the part of the Owner shall run with the land and shall
be binding upon the undersigned, heirs, successors and assigns for an initial period of thirty (30) years from
the date of this Declaration is recorded in the Public Records of Miami-Dade County, Florida, and shall be
extended automatically for successive periods of ten (10) years each, thereafter, unless an instrument
executed by the, then, fee-simple owner(s) of the Property has been recorded agreeing to change the covenant
in whole, or in part, provided that the Declaration has first been modified, amended or released as set forth
in the modification paragraph below.
Presumption of Compliance. Where construction has occurred on the Property or any portion
thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy
given by the City, then such construction, inspection and approval shall create a rebuttable presumption that
the buildings or structures thus constructed comply with the intent and spirit ofthis Declaration,
Modification, Amendment, and Release. This Declaration, or any portion thereof, may be
modified, amended, or released, by a written instrument executed by the then owner(s) of the Property,
subject to the terms of Paragraph (5) above, provided that the same is also approved by the City Commission
of the City of Miami Beach, Florida, after public hearing,
Should this Agreement be so modified, amended or released, the Director of the Planning
Department, or the executive officer of the successor of such office, or in the absence of such director or
executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written
instrument effectuating and acknowledging such modification, amendment or release,
Enforcement. Enforcement shall be by action against any parties or persons violating, or attempting
to violate, any of these covenants. The prevailing party in any action or suit pertaining to or arising out of
this d.eclaration 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,
This enforcement provision shall be in addition to any other remedies available at law or in equity
or both,
Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be
cumulative and the exercise of anyone or more shall neither be deemed to constitute an election of remedies,
nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or
privileges,
Severability, Invalidation of anyone of these covenants, by judgment of Court, in no way shall
affect any of the other provisions which shall remain in full force and effect.
fMl,AflEilY A~(JfMiallli Beach
Daled: '3 z-n.
r"
I" ~ ~
" .
~[~ 19094p'c 4803
IN WITNESS WHEREOF, 63nl STREET ASSOCIATES, LTD. has caused these presents to be
signed in their name this LM day of ~( n. ,1m, 2-000.
~~~~2~
By:
Witnesses:
~7
P'N ~' ·
rant ame: VV\ /Ir-' LA-,"S\JS
Its:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
-",,,
The foregoing instrument was acknowledged by me this ) -w/ day of )I..~ ,1-999, by
Crai~ Robins, President of63nl Street Associates, Ltd" who is Bpersonally known to me or who 0 produced
as identification and who did take an oath,
My Commission Expires:
U'~ (7~~
Notary Public I
...-:1l\\'~~ Rhoda -....':
I<fl'"]. -'>,to, Golden.
E*! ,*i MY COMMISSIOIH CC i81125 I'ti
. EXPIRES: JanIlalY 8, 2003
8ancIod Thru 1'IcNnl__ Agonct r
.
~
"
~~~ /9094 ~~ 4804 '
JOINDER BY MORTGAGEE
-Miami Beach HealthCare Group, Limited
The undersigned, - , Mortgagee under t!J!t...~~ mortgage from 6301 Street
Associates, Ltd., dated the Istdayof February , 1999~fn~d'tcfea in Official Records Book
18458 ,Page 4637 of the Public Record~fMiami-Dade County, Florida, in the
original amount of $7,525,000.00 covering a portion of the property described in the foregoing
agreement, does hereby acknowledge that the terms of this agreement are and shall be binding upon the
undersigned and its successors in title,
Witnesses:
its IN WIlNESS WHEREOF, M:lrtgagee , has caused these presents to be signed
in their name this 15th day of I>farch , )..999,2000.
Miami Beach Healthcare Group Limited
By: Colunbia Hospital Corporation of Florida,
General Partner
By: l/fYJ../..~l';:1: p;.--:t/Co14-
Its: ..orp
Howard K. Patterson
Vice President
~w#~
Print Name: & IAI. ~e.
Print Name: \
Tennessee
STATEOF~A )
COUNTY OF ~ ) * Howard K. Patterson, Vice President of
Davidson Columb!a Ho~~tallCR.rw~atio~ m Mi~~l~Flori~
The foregoing instrument ~ffi~~~~~gt?dbifo~e nfel)t.~ ~". alTU;,.;,; ,c :". care Fl~~i~
~ ,on behalf of the Limited Partnership Lirni1eC
He/She is epersonally known to me or who 0 produced as identification and partnershi]
who did take an oath,
Witness my signature and official seal this 15t:Jaay of March
County and State aforesaid,
2000
. 1-999. in the
My Commission Expires:
~ l,\,J. c..DC\~~
Notary Public
8~ ~'\I ae:o~
\\. t...\ e r\ U \. (' I~ K..
Print Name
c:\ WlNDOWS\TEMPlSTFRANCI. WPO
""'U'",,
.", H ~ ""
" (;;.1. "
,.' () · · · · .. ~A ~"'"
~~.. .....,,-:..
~~. ... .L.~
~~. .-0'0 .~':
=c",. G:::;.\ e. :
.0. <. ~ 'E . .
=z. ';Q~~'a .0:
: · .... Cl .0:
.("). ~ ..
':. o. ,p · 0 :
~c;.. .~.
..~.. ..~-..
". /"'; ..... ......
.... . r~NN ..,
I" l; .. t'.
.............
~~~ 19094 rG 4805
EXHIBIT "A"
Parcell: A portion of ALLISON ISLAND, and Island in INDIAN CREEK between Government Lot
6 and Government Lot 7, in Section 1 I, Township 53 South, Range 42 East, in the City of Miami Beach,
Dade County, Florida, more particularly described as follows:
All of the South 558 feet (measured along the center line of Island) of Allison Island, being that
portion of Allison Island lying South of a line 37.5 feet South of and parallel to the center line of
Allison Island bridges and the Street 75 feet wide crossing Allison Island, this center line further
described as follows:
From a point of intersection of a the North line of Lot 21, in Block I, and the baseline as shown
upon a plat of the Second Ocean Front Subdivision of Miami Beach, Bay Shore Company, as
recorded in Book 8, at Plats page 125, of the Public Records of Miami-Dade County, Florida, run
South along said base line a distance of 255 feet to a pipe monument said pipe monument being
located on the center line, produced Easterly, of the Street 75 feet wide, crossing Allison Island, and
on the center line of bridges; thence deflecting to the right an angle of 80 degrees 28 minutes along
the aforesaid center line, a distance of 863,3 feet to the outside face of the East concrete seawall of
Allison Island; thence continuing along said course a distance of 500 feet, more or less, to the
outside face of the West concrete seawall of Allison Island; LESS the following described property:
Beginning at a point which is the intersection of the Southerly line of West 63rd Street and the
Westerly line of Allison Island; thence run Easterly along said Southerly line of West 63rd Street
a distance of 500 feet, more or less, to a point on the Easterly line of said Allison Island; thence
Westerly along a line to a point which is on the Westerly line of Allison Island and 5 feet Southerly
of the said Southerly line of West 63rd Street thence run Northerly along said Westerly line of
Allison Island for a distance of 5 feet to the Point of Beginning as the said West 63rd Street is
designated in an instrument of dedication recorded in Deed Book 965, page 174 of the Public
Records of Miami-Dade County, Florida. (LESS that portion of the above described property
hereinafter described as Parcel 2).
Parcel 2: A portion of Allison Island and Island in Indian Creek between Government Lot 6 and
Government Lot 7, in Section 11, Township 53 South, Range 42 East, in the City of Miami Beach, Dade
County, Florida, more particularly described as follows:
Commence at the Southwest comer of Section II, Township 53 South, Range 42 East, Miami-Dade
County, Florida; thence North I degrees 38 minutes 00 seconds West, along the West line of the
said Section II, for a distance of 536.06 feel to ilS intersection with the centerline of West 63rd
Street as the same in shown on the Plat of Beach View Addition, Plat Book 16, page 10, of the
Public Records of Miami-Dade County, Florida; thence North 81 degrees 14 minutes 00 seconds
East, along the centerline of the said West 63rd Street, for a distance of 1632.69 feet to a point on
the East line of the Plat of Indian Creek Subdivision, Plat Book 31, page 75, of the Public Records
of Miami-Dade County, Florida; thence South 8 degrees 44 minutes 15 seconds East along the East
line of Allison Island, for a distance of 37.50 feet to a point on the South right-of-way line of West
63rd Street and the Point of Beginning of the tract of land herein described; thence continue South
8 degrees 44 minutes 15 seconds East along the East I ine of Allison Island for a distance of 166.13
feet; thence South 81 degrees 15 minutes 45 seconds West for a distance of 145.08 feet; thence
South 8 degrees 44 minutes 15 seconds East for a distance of 33.67 feet; thence South 81 d~recs
15 minutes 45 seconds West for a distance of 29.17 feet: thence North 8 degrees 44 minutes 15
seconds West for a distance of 31.67 fect; thencc South 81 degn:es 15 minutes 45 seconds Wesl for
I :II.EIIlACII A \SI"""Cis\OCOP.CITY.OO4. wpd
A-I
~
'.
~~~ 19094~ 4806 .
a distance of 30,08 feet; thence North 8 degrees 44 minutes 15 seconds West for a distance of 24,00 '
feet; thence South 81 degrees 15 minutes 45 seconds West for a distance of 39.58 feet; thence North
8 degrees 44 f!linutes 15 seconds West for a distance of 141.57 feet to a point on the South right-of-
way line of West 63rd Street; thence North 80 degrees 39 minutes 42 seconds East, along the South
right-of-way line of West 63rd Street, for a distance of 243,92 feet to the Point of Beginning.
Parcel 3: The interest granted to SI. Francis Hospital, Inc, pursuant to Dedication from the Trustees
of the Internal Improvement Fund of the State of Florida dated January 31, 1964, filed in Official Records
Book 11674, page 142, Public Records of Miami-Dade County, Florida, in and to the following:
A parcel of formerly submerge'd land in Indian Creek in Section II, Township 53 South, Range 42 East,
Miami-Dade County, Florida, more particularly described as follows:
Commence at the SW comer of Section 11, Township 53 South, Range 42 East, Miami-Dade
County, Florida; thence run North 1 degrees 38 minutes 00 seconds West along the West line of
Section 11 for a distance of 536,06 feet to its intersection there of with the centerline of West 63rd
Street; thence run North 81 degrees 14 minutes 00 seconds East along the center line of West 63rd
Street for a distance of 1,131.69 feet to a point of intersection thereof with the West line of Allison
Island also being the West line of the Plat entitled INDIAN CREEK SUBDIVISION, according to
the Plat thereof recorded in Plat Book 31, page 75, of the Public Records of Miami-Dade County,
Florida, said West line being established as the Dade County Bulkhead Line by the Board of County
Commissioners of Dade County, Florida, by Resolution No, 2025 passed and adopted September
2, 1958; thence run South 8 degrees 44 minutes 15 seconds East along the said West line of Allison
Island and also being along the prolongation Southerly of the said West line of the said Plat entitled
INDIAN CREEK SUBDIVISION, for a distance of 344,87 feet to the beginning of a tangential
circular curve; thence run in a Southeasterly direction along said curve to the left having a radius
of 250,5 feet, through a central angle of 12 degrees 16 minutes 58,5 seconds for an arc distance of
53,70 feet to the Point of Beginning of the tract of submerged land herein described; thence run
South 21 degrees 01 minutes 13.5 seconds East for a distance of 441.40 feet to the beginning of a
tangential circular curve; thence run in a Southeasterly, Easterly, Northeasterly and Northerly
direction along said curve to the left having a radius of 135 feet through a central angle of 143
degrees 19 minutes 06.5 seconds for an arc distance of 337,69 feet to the end of said curve; thence
run North 15 degrees 39 minutes 40 seconds East for a distance of 303.86 feet to a point; thence run
North 3 degrees 21 minutes 53.5 seconds West for a distance of212,39 feet to a point of intersection
thereof with the East line of the Allison Island and being a point on a circular curve whose center
bears South 86 degrees 38 minutes 06.5 seconds West therefrom; thence run in a Southwesterly,
Westerly and Northwesterly direction along the Southerly line of the said Allison Island and along
said curve to her right having a radius of 250.50 feet through a central angle of 162 degrees 20
minutes 40 seconds for an arc distance of 709,78 feet to the Point of Beginning.
RECCJF(lED1N cYFtCIAL RECORDS 80()1<
cY DADE CO<NTY, RCRD'\.
RECORD vERrFIEO
HARVEY RUVIN
CLERK ClRc/J,r r:(JlJR7
I:ILEII>ACKA 151 F,ancis'DeOI'.CITY .001. wrxJ
A-2
LA GORCElPlNETREE HOMEOWNERS ASSOClA ON
P.O. BOX 403816, MIAMI BEACH, FL. 3314
September 30, 2002
Jorge Gpmez
Planning Director
City ofMiarni Beach
1700 Convention Center Drive
2nd Floor
Miami Beach, FL. 33139
RE: Consent to modification of Aqua restrictions
Dear Mr. Gomez:
Aqua has asked for our consent to modify restrictions governing its pro to allow an increase
from the heiiht limit for habitable space of 120 feet fOt'the Gorlin Tower 0 approximately 140
feet. It is our understanding that allowing these modifications will allow pproximately 1000
square feet ofuninhabitable space adjacent to mechanical and elevator to ers to be converted to
habitable space, and that this affects only twO apartJ:nents. Additionally, e understand that
neither the overaU height nor shape of the Gorlin Tower will change as a suit ofa height
increase; the height increase merely allows the conversion ofuninhabitab space to habitable
space. The height of the strUCture will not change; only the measuring po' for the height of the
building as per Code will change. Based upon this understanding, we co nt to Aqua's request
for a modification of the above restrictions.
tOOnOO"d L989#
SiINVdWO:) "1rd:)va
Z019 1tS SOt 0':01 ZOOZ,LO'~:)O
,
,
,
. DO O~I ASSOCIADON OF
Mr~ JODatbu D. Beloff., Presl
: 6525 AlUsOD Road
~ B6acll, Plorida 33141
I ; Home Tel: 30S-861-6525
~Ie Tel: 3f5-673-1l01- Office Fa:s:3
, I
Septm:nbcir 30, 2 02
" .
VIa Fa: #305..:673-7559 & U.
" Mr. ']'OrF ~ Dirtctor
Ciw. ClfMilmi Beach
P1am\i1l(~t- Z"'Flo .
1700 Convention Center Drive:
Miami Beach. PL 33139 j"
,
I
R.e: l[o~wners' A8SOCialio App~a1 to AmeDdm.e>>.t to Aqo.a
I
I
D.,Mr. Gomez: !
, , '
Aq\U. ba.s iLslasd for O\IJ' ~to, a ~di:ficatian of Sections (5) llnd (G) of the ilamticm or Ilo5tricdDns
gove:miDg; its propeny, to allo 'an ~ :from the beizht limit fw ba~i1able sp of 120 feet for ~ Gor:wi
towet to a.pptOXimA~ly 140 It!is OUl' tmdc:rstanding that aUqwiJIg the$ mOdi%icatiODB will a1Icw
: a~~t:e1y 1,000 square fi . of uni:dhabitable apace adjacant tel the~~ lmecbatli and elevator toWenI to be
converted to habitable space, ~ that tbiI affec1S only two apertm.e;nts. 'tionally WCl understand that neither
the overall heiaht nIX' shape of ~ ~ Tower 'I'til1 cbmge as a result f a height i cres,se; the Might inmease
. merely alloWll the cOXl'\l'!:rSion tpf 1,.,,;.,,'k..~tab1e space to habitable space!. The of '!be SlJIl4ture ~ not
chl!zise; only the measuring ~t for the Might of the buildm.s as P.=r Code n change. Based on lhis
U1idmtanding. we consent to 's ~ for a modification to ~ :oe.bJamtion.
Very truly
lOB/cae
ee: Mr. Craig Robins -,Dacra
p-;afu
" . .
EOO/EOO'i1 L9B9#
SiIN'iilWO::l W::lva
~Ot9 tEg gOE ot:Ot ~OO~,LO'~::lO
ALTON ROAD HOMEOWNER'S ASSOCIATI N, INe
P.O, Box 402643. Miami Beach, FI 33140
OctOber 14, 2002
Jorp Gome%
Plannin, Director
City of Miami Beacb
1700 Convention Center Drive,
'J!A Floor '
Miami Beach, F133139
RE: Consent to Modification of Aqua Resnictions
Dear Mr. Gomez,
Aqua has asked for our consent to modify restrictions governing its property Ul allow an increase
from the height limit fO\' habitable space of 120 feet for the Oorlin Tower to pproximately 140
feet. It is our understanding that allowing these modifications will allow ap ximately 1000
square feet of uninhabitable space and that this affects only two aparnnents. Additionally, we
understand that neither the overall height nor shape of the GorJin Tower wil chaniC as a result of
a height increase; the height increase merely allows the conversion of uninh bitable space to
habitable space. The height of the stnlCture will not change, only the mess 'g point for the
height of the building as per Code will change. Based on this understandin we consent to
Aqua's request for a modification of the above restrictions,
Bernard Schreiber, Presid
Alton Road Homeowner's
ftbeBoard.
Respectfully and on
~~
b.Jl.,c~,\
CA,~ '
JL:.s ...4-
d~\
.c,~
Vd
Y.~)'
I....,J;/
=-<...~
"
.
,-' .....
./" .
(';OOIZOO'd nOL#
SllIN'<ldHO::l V'd::l'lfO
(';Ot9 tEg gOE ag:LO (,;OO(';I(';(';'~::lO
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
-
Condensed Title:
A resolution setting a public hearing to consider a modification to the Declaration of Restrictions on the
Aqua development on Allison Island to permit a limited increase in height of habitable space.
Issue:
Whether to set a public hearing to allow consideration of a height increase of 18 feet to the Gorlin Tower
building on the northern portion of the Aqua project, where the increase was approved by the Design
Review Board and Board of Adjustment, and the increase will be lower than previously approved non-
habitable space and architectural projections,
Item Summary/Recommendation:
Adopt the resolution setting the public hearing,
Advisory Board Recommendation:
The Design Review Board and Board of Adjustment have approved the height increase.
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
F:IA TTOIHELGIResolutionslAQUAICommission Summary,doc
j:
AGENDA ITEM Co 70
DATE //-/3-02-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
WNW.cLmiami-beach.fl.us
CITY COMMISSION MEMORANDUM
From:
Date: November 13,2002
To:
Jorge M, Gonzalez
City Manager
Subject:
Murray H, Dubbi~lI
City Attorney I VVl
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH SETTING A PUBLIC HEARING TO CONSIDER
APPROVING A MODIFICATION TO THE DECLARATION OF
RESTRICTIONS ON THE AQUA PROJECT LOCATED ON ALLISON
ISLAND, TO ALLOW AN ADJUSTMENT TO THE HEIGHT OF HABITABLE
SPACE PERMITTED IN THE DEVELOPMENT, BUT NOT TO EXCEED
THE HEIGHT PRESENTLY PERMITTED FOR NON HABITABLE SPACE.
RECOMMENDATION:
Adopt the Resolution setting the public hearing,
ANALYSIS:
The Aqua project, located on Allison Island, is subject to a Declaration of Restrictions,
which imposes certain design limitations on the project. In applications to the Design
Review Board and Board of Adjustment the developer of Aqua, Craig Robbins, sought and
obtained approval to convert 1,000 sq, ft. of previously approved non-habitable mechanical
space to habitable space on the Gorlin Tower, at the northern end of the Island, Approval
of the conversion is subject to a restriction in the Declaration that limits habitable space to
120 feet in height. The restriction is subject to modification after public hearing by the City
Commission, This resolution sets the public hearing necessary for the Commission to
consider the proposed modification, which would permit the increased height.
The proposed modification would allow an additional 18 feet added to the height of
habitable space of development on the Gorlin Tower building, Such increase, however, is
not expected to be noticeable, as the permitted height of non-habitable space and
architectural projections already exceeds the 120 feet height allowed,
The Declaration requires the developer to obtain approval of three of four of the following
Homeowners' Associations before preceding with modifications to the Declaration: Allison
Island Homeowners' Association, Alton Road Homeowners' Association, La Gorce Island
November 13, 2002
City Commission Memorandum
Aqua: Modification of Covenant
Page 2 of 2
Homeowners' Association, and La Gorce/Pine Tree Drive Homeowners' Association, Aqua
has obtained the required approvals for modification, A copy of the Declaration is attached
for you r review,
#J-
JMG/MHD/JGG/GMH
T:\AGENDA\2002\NOV1302\CONSENT\Aqua Memo to Comm.DOC