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
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LA GORCE HOMEOWNERS ASSOCIATl N
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September , 2002
Jorge Oome%
Planning Director
City of Miami Bi-
1700 Convention ter Drive
2nd PIOOT
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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.
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Title:
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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
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SiINlidWO::l \'lI::lva
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. 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
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DfIIl',Mr. Gomez; !
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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
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ce: 'Mr, Craig Rabins -.Dacn
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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
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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