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MEMORANDUM <br /> To: City Commission <br /> Front Jorge L. Vera <br /> Zoning and Code Administrator <br /> Date: September 17, 1998 <br /> Subject: FIVE SEAS INVESTORS, INC. ( Z98-12) <br /> RECOMMENDATION <br /> Staff recommends approval with conditions of the applicants request for a special exception for site plan <br /> approval for a condominium hotel. <br /> REASONS <br /> The proposed project is located between Collins Avenue and the Atlantic Ocean, north of Sunny Isles Blvd. <br /> and consists of 5.3 acres. The property is zoned BU2 and is currently being used as a hotel site. The 2005- <br /> 2015 Comprehensive Development Master Plan (CDMP) designates the property as Business and Office use. The <br /> Land Use Element of the CDMP permits,residential uses and the mixing of residential use with commercial, office <br /> and hotel uses within the Business/Office land use designation. <br /> The property has a history consisting of several public hearings. The property owner requested variances <br /> from the zoning code as well as modification of plans, when it was under the jurisdiction of Miami Dade <br /> County. After a review of previous resolutions and plan approval that the county had on record, staff <br /> concluded that the County never approved a plan which showed the entire subject property with all its <br /> amenities. Although there is a legal argument from the property owner that the proposed tower can be built <br /> as of right, it is staff's opinion that the applicant has to come before the City for site plan review and <br /> approval for the proposed building. <br /> The applicant is requesting a special exception for site plan approval to permit a 40 story condominium hotel. <br /> The proposed new structure is to be located along the southern portion of the property abutting the existing <br /> 11 story hotel. The parcel to the south of the subject property has 3 existing towers of 29 stories each. The <br /> parcel to the north has a 24 story tower. While the applicant is proposing a building which is 11 stories <br /> higher than the structures in the adjoining property, staff acknowledges the fact that the proposed and <br /> existing buildings on the site do not require any variances from the code. The proposed tower is providing <br /> a greater setback, less mass and area than the buildings on the properties to the north and south. <br /> Staff recommends approval with conditions of the applicants request. The proposed building does not create <br /> an unfavorable effect to the economy of City of Sunny Isles Beach while meeting the levels of service <br /> required by the County. The proposed and existing buildings on the site are compatible with other buildings <br /> along the Collins Avenue corridor. Staff's review of the site plan will ensure the City that the proposed and <br /> existing structures on site are under full compliance of the code, thereby eliminating any previous <br /> discrepancies that had occur under previous resolutions. <br />