Loading...
2002-25089 Reso RESOLUTION NO. 2002-25089 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE AMENDMffiNT OF THE DECLARATIONOFRESTIUCTIONS RELATING TO THE AQUA PROJECT LOCATED ON ALLISON ISLAND, TO ALLOW THE PERMITTED HEIGHT OF HABITABLE SPACE ON THE GORLIN TOWER TO MffiET THE PERMITTED HEIGHT OF NONHABITABLE SPACE EXISTING ON SUCH BUILDING, AND AUTHORIZING THE MANAGER AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE TillS CHANGE. WHEREAS, 63n1 Street Associates, Ltd. ("Owner"), is the Owner of the property that is the subject of that certain Declaration of Restrictions, recorded in Official Records Book 9094, Page 4800 ("Declaration of Restrictions"), attached hereto as Exhibit A, containing the Aqua project on Allison Island; and WHEREAS, Owner wishes to amend the Declaration of Restrictions in order to allow an increase to the permitted height of the habitable space on the Gorlin Tower, not to exceed the height permitted for nonhabitable space; and WHEREAS,Owner has obtained the consent of the four nearby homeowners associations to amend the Declaration of Restrictions: Allison Island Homeowners' Association; Alton Road Homeowners' Association; La Gorce Island Homeowners' Association; La GorcelPine Tree Drive Homeowners' Association; and WHEREAS, on April 16, 2002, the Design Review Board and on September 6,2002, the Board of Adjustment both reviewed and approved the proposed increase in height; and WHEREAS, the Declaration of Restrictions requires that amendments to it must be approved by the City Commission after public hearing; and WHEREAS, the City Commission has considered Owner's request to amend the Declaration of Restrictions as described above at a public hearing and concludes that the Owner's request to amend the Declaration of Restrictions should be approved; and WHEREAS, all required conditions precedent to amend the Declaration of Restrictions have occurred. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT: The Owner shall be permitted to amend the Declaration of Restrictions as described above, in a document subject to the review and approval ofthe City Attorney, and the City Manager and City Clerk are hereby authorized to execute such documents as may be necessary to acknowledge the City Commission's approval of the amendment approv ereby. APPROVED AND ADOPTED THIS 11th D ATTEST: _~t r~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION f)..-).-or DATE CITY ATTORNE~ T:\AGENDA \2002\DECII02\REGULAR\AQUARESO.WPD 2 , 2002. 11-08-Z00Z 05:15PM FROM-TEW CARDENAS REBAK +3055381118 T-1ZS P,003/003 F-13Z LA GORCE HOMEOWNERS ASSOCIATl N . 00 ,-.." I" I .... ...0 September , 2002 Jorge Oome% Planning Director City of Miami Bi- 1700 Convention ter Drive 2nd PIOOT Mi "8 1. t::l_"::..I_"~'''1'> 8ml eac........._.;:!~.::J'f1 Reo' Homeowners' AssociiJlion Approval to A.mendmen/ to AqJlD De aralion of Restrictions Dear Mr. Gomez: Aqua has asked for our consent to a modification of Sections (5) an (6) of the Declaration of Restrictions governing its property, to allow an increase from the hei gti11 mit for habitable space of 120 feet for the Garlin Tower to approximately 140 feet. It is our tanding that allowing these modifications will allow approY'imJl~ly, 1 aGO square feet of uninhabita Ie space adjacent to the mechanical and eleValoi !owers to be" converted to liabitable sp'ace, and t this affects only two apartments. Additionally, we understand that neither the overall height or shape of the Godin Tower will change as a result of ~ height increase; the height increase mereI allows the conversion of uninhabitable space to habitable space. The height of the structure I not change;- only 'the mea:.'Uring point faT the height oime building as per Code will change. Base on this undemanding. we consent to Aqua's request for, a modification to the Declaration. ---.-- -. ---'---...---..- -,,- Title: . I, " t ZOO/ZOO'a: 06tt,# " sUNliawo::J w::rlio ZOf9 Irs SOE E!:!! ZOOZ.90'^O~ LA GORCElPTNETREE HOMEOWNERS ASSOClA ON P.O. BOX 403816, MlAMI BEACH, Fl. 3314 September 30, 2002 Jorge Gpmcz Pla.nning Director City of Miami 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 for the Godin Tower 0 approximately 140 feet. It is our understanding that allowing these modifications will allow pproximately 1000 square feet of uninhabitable space adjacent to mechanical and elevator to ers to be converted to habitable space, and that this affects only two apartments. Additionally, e understand that neither the overall height nor shape of the Gorlin Tower will change as a ult 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' t for the height of the building as per Code will change. Based upon this understanding, we co t to Aqua's request for a modification ofrhe above restrictions. Respectfully, and on EOO/ZOO'd /.989# SiINlidWO::l \'lI::lva ~019 lES SOE Ot:Ol ~Oo~./.O'~::lO . BO OWNEJls' ASSOCIATION OF Mr ~ JODathan D. De1oif, Presl ; 6515 AlUsOD Road l\Jiami Buch, Florida 33141 I : Home Tel: 305-861-6525 ,~ Tel: 3f5-673.U01- Qffi.cCl Fa:: 3 ; Septmabciz" 30, '2 02 Vila Fa: #305-'&73-7559 & U '. Mr. -1OtF ~ Director City, of Miami Beach P1amling~t-2-.AF1 {7()0 Convention Cc:u.1I::r Drlvc: Miami Beach. PI. 33139 Roe: HoJDeowners' AaSOdatio App~al to Amendmeu.t to Aqua n I DfIIl',Mr. Gomez; ! , , ' Aqua. bas ubd for our c~to, a ~C&tion of Sections (5) and 1(6) of the 1ara.l:ion of:Resaic'dons govemi1lg its propertY. to a110 'an increase from the heizht limit fur ~ltab1e spac of 120 fett for tht Gorllii tower to a.pproximA~ly 140 It !is our underslanding that a11o;wiJ1g thea modiiicatiODS will a1Iow :appr~tesly 1,000 square ii . of unUibabitable space adjacent to thelmecha1rlc and. elevator toWenl to be converted to babitable space, ~ that tbil affects only two apartments. Additionally we understand that neither the overall heiah1 DOt" shape of ~c Gor1i:& Tower will change as II result df II height' cres.se;!he Mipt inmease . merely allows the cotl'WrSion dlf 'm.;,,1'lIl~tab1e space to habitable space!. The . of the mucrture ~ nOl; chqe; only the measuring pPint for the height of the building lIS PF Code n chlmge. Based on this U1iclmtanding. we cousent to 's ~ for II mociificl.1io:D to w: ned:1amtion. VmyWlyy JDB/cae ce: 'Mr, Craig Rabins -.Dacn ! -vJafax . I I , I 1 ,'. . 1:00/1:00'c! L989# SllIWc!JoiIO:) 'l'cl:)va ZOt9 tl:S SOl: o~:ot ZOOZ.LO'~:)O ALTON ROAD HOMEOWNER'S ASSOCIATI N.lNC P.O. Box. 402643, Miami Beach. FI 33140 October 14,2002 Jorac Gome2 Plarmini Director City of Miami Beach 1700 Convention Center Drive ' 2M Floor . Miami Beach, F133139 RE: Consent to ModifleanOD of Aqua Restrictions Dear Mr. Gomez, Aqua has asked for our consent to modify restrictions governing its property to allow an increase from the height limit fot habitable space of 120 feet for the Gorlin Tower to proximately 140 feet. It is our understanding that allowing these modifications will allow ap rox.imately 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 Gorlin Tower will change as a result of a height increase; the height increase merely allows the conversion ofuninh bitable space to habitable space. The height of tile strUCture will not change, only the mess . g point for the height of the building as pet Code will change. Based on this understandin we consent to Aqua's request for a modification of the above restrictions. ~~ fthe Board. Bernard Schreiber, presid Alton Road Homeowner's ~.Jt.c~.\ Gc~, ~ ..4 (1C\V\ .c'v"'f! Vd y.~)'. " ~OOIZOO.d nOL# SiIWdWO:l V'd:lva ~019 1(5 50( 85:LO ~OO~.~~'~:lO I ! , ," ~ .- I' , ' :1/ j, r; 0-~.' 1',., , ~J :I .(' f ! i .I ! ;-'-\ if , .- I I II t " . . , , , t t . . , . . t t t too II _ t i= .--- ~... ~ DL I ~ I ~ ~n~~ ~ ~ ~ . I ROOf ---------/----- , " 21 -2 SKY LOFT ------ -----. , " 138 -11 GROUND fl. ~_.- A Ll ~8."..n. CITY OF MIAMI BEACH lQ NOTICE OF A PUBLIC HEARING' .... ... ~ . .-- . NonCE IS HERESY given that a public h$artng will be held by. ~ the City Commission of the City of Miami Beach. In. the . I;). Commission Chambers, 3rd floor. City Hall, 170lLConventIon ~ Center Drive. Miami Beach, Florida. on Wednesday, December 11, 2002 at 11:15 8.m., to. consider approving a modification tcr the. Declaration of Restrictions on the Aqua Project located on, Allison Island, to allow an adjustment to the height of h8bIt8bI8 space pel"!l)ltted in the development, but not to exceed the height presently permitted for nonhabitable space. INQUIRIES may be direCted to the Planning Department at (305) 673-7550. . " ALL INTERESTED PARTIes are invited to appear at this hearing or be re. prElSented by an agent. ' or to express their. views in wrIti. ng.. addressed to the City OPmmission, c/o the City Clerk; 1700. Convehtion Center Drive, 1 st Floor, City HaI!, Miami Beach. Florida 33139. This meeting ,may be continued and under such. circumstancElS additional legal notice would not be provided. Robert E. P8rc:h8r, City Clerk,' City of Miami 84!8ch Pursuant to Section 286.0105, Fla. Stat.. the City hereby IIdv\s,e$ the public that: if a person decldElS to appeal any declsionrnac19 by the City Commission with respect to any matter conslc::ltll"l'd at its meeting. or its hearing, such person. must ensure that a . verbatim record Of the proceedings is made, which. recorc:l includElS the testimony and evld~ce upon which the appeal is to be based. This notice does not constitute consent by the City for the introductiOn or admission of otherwise inadmissable or. Irrelevant evidence, nor does It authorize challenges or. aPpeals . not otherwise a1low~ by law. ' In accordance with the Americans with DisabilitiElS Act of 1990, persons needing special accommodation to participate in this proceeding .should con\8ct the City CIerk's office no later than four days prior to the proceeding. Telephone (305) 673-7411 for assistance; if hearing Impaired, telephone the Florida ReIlW. . Servlc;e.l1umbers,. (800), 9Q5-8711 (TOD). or, ~800), 95().8770. ~IGJi)11tirlll9Sistlil!lO&ii 'H' 'j.". ,~"..::, '''J,'I';.('I'.,,:,.I) (Ad 1(144) CllY OF MIAMI BEACH COMVIISSION ITEM SUMMARY m Condensed Title: A resolution authorizing the amendment of the Declaration of Restrictions relating to the Aqua Project located on Allison Island. Issue: Should the City Commission approve the conversion of 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 for the Aqua proiect? Item Summary/Recommendation: I Adopt the Resolution. Adviso Board Recommendation: Design Review Board and Board of Adjustment (April 16, 2002 and September 6, 2002, respectively) a roved the modification. ., Financiallnfonnation: Source of Amount Account Approved Funds: 1 D 2 3 4 Finance Dept. Total Ci Clerk's Office Le islative Trackin Jorge G. Gomez, Planning Department Si n-Offs: Department Director Assistant City Manager City Manager F:\CMGRIAGENDA\2002\DEC1102\REGULAR\15431st rdg sum 12-11-02.doc AGENDA ITEM DATE R7B (;2.-1/-02.... CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us To: From: Subject: CITY COMMISSION MEMORANDUM Date: December 11, 2002 Mayor David Dermer and Members of the Miami Beach City Commission Jorge M. Gonzalez \ ~ City Manager U Murray H. DubbWlJ . M (LJJ~ City Attorney I VV\ ~..- PUBLIC HEARING A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE AMENDMENT OF THE DECLARATION OF RESTRICTIONS RELATING TO THE AQUA PROJECT LOCATED ON ALLISON ISLAND, TO ALLOW THE PERMITTED HEIGHT OF HABITABLE SPACE ON THE GORLlN TOWER TO MEET THE PERMITTED HEIGHT OF NONHABITABLE SPACE EXISTING ON SUCH BUILDING, AND AUTHORIZING THE MANAGER AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE THIS CHANGE. RECOMMENDATION: Adopt the Resolution. 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 (April 16, 2002 and September 6, 2002, respectively) 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 ofthe Island. Approval ofthe 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 approves the proposed modification to the Declaration of Restrictions, 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 I December 11, 2002 City Commission Memorandum Aqua: Modification of Covenant Page 2 of 2 Homeowners' Associations before preceding with modifications to the Declaration: Allison Island Homeowners' Association, Alton Road Homeowners' Association, La Gorce Island Homeowners' Association, and La Gorce/Pine Tree Drive Homeowners' Association. Aqua has obtained the required approvals for modification. The developer has obtained approval from all four of the homeowner associations. 111- JMG/MHD/CMC/JGG/GMH T:\AGENDA\2002\NOV1302\CONSENTlAqua Memo to Comm.DOC