HomeMy WebLinkAboutZoning Resolution 18-Z-169 RESOLUTION NO. 18-Z - 1(0 9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING A SITE
PLAN APPLICATION NO. i PZ2018-10 SUBMITTED BY D. P.
MONACO, LLC (THE "APPLICANT") FOR A THREE (3) STORY
HOTEL, CONSISTING OF 113 HOTEL UNITS, A RESTAURANT, A
GAME ROOM, AND A POOL, LOCATED AT 17501 COLLINS
AVENUE; APPROVING GRAPHICS ON THE TEMPORARY
CONSTRUCTION FENCE; PROVIDING THE CITY MANAGER
WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING
FOR AN EFFECTIVE DATE.
I. RECITALS
WHEREAS, D. P. Monaco, LLC (the "Applicant") submitted a site plan application
(Application No. PZ2018-10) to the City of Sunny Isles Beach, Florida requesting the following:
1. Pursuant to Section 265-35 of the City of Sunny Isles Beach Land Development
Regulations,the Applicant is requesting site plan approval for a three(3) story hotel located
at 17501 Collins Avenue commonly called the"Monaco Hotel"(the"Project"). The Project
consists of 113 hotel units with a proposed total of 50,408 square feet of floor area. In
addition, amenities such as a restaurant, a game room, and a pool are located within the
proposed hotel project.
2. Pursuant to Section 265-14 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of graphics and murals on a temporary
construction fencing.
ADDRESS: 17501 Collins Avenue
Sunny Isles Beach, Fl 33160
FOLIO: 31-2211-004-0300
LEGAL DESCRIPTION: ALL OF THAT PORTION OF TRACT 4 OF THE SUBDIVISION
OF GOVERNMENT LOT 6, SECTION 2, TOWNSHIP 52 SOUTH, RANGE 42 EAST AND
GOVERNMENTAL LOTS 1, 2, 4 AND PORTIONS OF GOVERNMENT LOTS 5 AND 6,
SECTION 11, TOWNSHIP 52 SOUTH, RANGE 42 EAST AS RECORDED IN PLAT BOOK
10 AT PAGE 64 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
18-Z-to917501 Collins Ave 1
ALL OF TRACT 4 EXCEPT THE NORTH 500 FEET THEREOF MEASURED AT RIGHT
ANGLES TO THE NORTH LINE OF THE SAID TRACT 4 OF THE SUBDIVISION OF
GOVERNMENT LOT 6, SECTION 2, TOWNSHIP 52 SOUTH, RANGE 42 EAST AND
GOVERNMENT LOTS 1, 2, 4 AND PORTIONS OF GOVERNMENT LOTS 5 AND 6,
SECTION 11, TOWNSHIP 52 SOUTH, RANGE 42 EAST AS RECORDED IN PLAT BOOK
10 AT PAGE 64 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
LYING BETWEEN THE EAST RIGHT-OF-WAY LINE OF STATE ROAD A-1-A AS SHOWN
BY PLAT THEREOF RECORDED IN PLAT BOOK 45 AT PAGE 39 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND BOUNDED ON THE EAST BY
THE EROSION CONTROL LINE OF THE ATLANTIC OCEAN PER PLAT BOOK 134 AT
PAGE 47 OF SAID MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, on December 20, 2018, the City Commission conducted a public hearing on
this site plan application; and
WHEREAS, the public hearing of the City Commission was advertised and held as
required by law, all interested parties concerned in the matter were heard, and due and proper
consideration was given to the matter and to the positive recommendation provided by the
Planning and Zoning Director; and
WHEREAS, notice was provided to all interested parties regarding the site plan
modification application; and
WHEREAS, the City Commission reviewed the site plan application, the written and oral
recommendations of the Planning and Zoning Director, including the recommended conditions,
and finds substantial competent evidence to support a showing by the Applicant that the site plan
is in compliance with the Land Development Regulations and the Comprehensive Master Plan of
the City and maintains the basic intent and purpose of the zoning, subdivision or other land use
regulations, which is to protect the general welfare of the public, particularly as it affects the
stability and appearance of the community; and, further finds that said request should be granted,
subject to the conditions described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
II. INCORPORATION OF RECITALS
All recitals above are incorporated into the body of this Resolution as if same were fully set forth
herein.
18-Z-M 17501 Collins Ave 2
• III. FINDINGS AND CONCLUSIONS:
Based on an analysis of the application and the standards for approval for a site plan under the
Land Development Regulations, the City Commission makes the following findings and
conclusions:
A. The Applicant's request for site plan approval for a three (3) story hotel project, consisting
of 113 hotel units, a restaurant, a game room, and a pool, is consistent with the Land
Development Regulations and Comprehensive Master Plan of the City of Sunny Isles
Beach.
IV. APPROVAL
A. The Applicant's request for a three (3) story hotel project located at 17501 Collins Avenue
called the "Monaco Hotel" consisting of 113 hotel units, a restaurant, a game room, and a
pool is hereby approved subject to all conditions set forth in Section V below.
B. The Applicant's request for the use of graphics and murals on a temporary construction
fencing pursuant to Section 265-46 of the City of Sunny Isles Beach Land Development
Regulations is hereby approved.
V. CONDITIONS
A. Conditions to be completed before demolition, below grade or building permits are
issued.
1. That the plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "Monaco Hotel ", prepared by Sieger Suarez Architects LLC stamped received
November 27, 2018 consisting of 16 sheets, landscaping plans prepared by EGS2 Corp.
stamped received November 27, 2018 consisting of 5 sheets, civil plans prepared by Fortin,
Leavy, Skiles, Inc. stamped received November 27, 2018 consisting of 9 sheets, and survey
prepared by Fortin, Leavy, Skiles, Inc. stamped received November 27, 2018 consisting of 1
sheet. Plans are subject to revisions-based comments provided by zoning staff of the City of
Sunny Isles Beach. Plans are subject to modification.
2. If applicable, a Miami-Dade County tree removal permit must be secured and attached to the
landscape permit application prior to demolition.
3. That palms along Collins Avenue be at least 12' clear-wood Medjool Palms to be consistent
with the City Streetscape Master Plan.
4. That the Applicant provides the Lighting/Photometric Plan prior to building permit.
5. That the Applicant provides the Signage and Pavement Marking Plan prior to building permit.
6. Upon the submittal of an application for a building permit, the plans submitted shall be
18-Z-t0 17501 Collins Ave 3
approved by the Planning and Zoning Department and be consistent with the specific site plan
approved by the City Commission. Plans shall include all the required elements of the site
plan pursuant to the City's Land Development Regulations and recommendations. Should
compliance with recommendations result in a change that would not be considered "minor"
in accordance with Section 265-18 of the City Code; the Applicant shall be required to obtain
another approval of the City Commission.
7. That a plot plan be submitted to the Planning and Zoning Department for their review. The
plot plan shall include all easements proffered by the Applicant to the City, including but not
limited to (i) a ten-foot (10') landscaping streetscape easement as per the City Streetscape
Master Plan(the "Streetscape Easement"). The plot plan shall show the type and size of plant
materials, lighting, and outdoor furniture which shall be in compliance with the City of Sunny
Isles Beach Streetscape Master Plan.
8. That the Applicant submit a Declaration of Restrictions in recordable form acceptable to the
Planning and Zoning Department and acceptable to the City Attorney prior to submittal for
an application for building permit, which proffers: (i)a ten-foot(10') landscaping streetscape
easement as per the City Streetscape Master Plan (the "Streetscape Easement"). The
maintenance of the easement shall be the responsibility of the Applicant.
9. That the Applicant shall pay the required contribution to the Art in Public Places Fund in the
amount equal to 1% of the construction cost but not to exceed $487,224.00 in lieu of the
required artwork. The Applicant shall provide the City with a non-refundable deposit in the
amount of ten percent (10%) of the contribution amount of$487,224.00. The total amount of
the deposit is $48,722.47. Failure to pay the required deposit within the three (3) working
days of approval of the site plan application shall result in an automatic voiding of the City
Commission site plan approval.
10. That the Applicant complies with all conditions and permit requirements, including but not
limited to Miami-Dade County, including environmental conditions and permitting, Shoreline
Development Review Committee, the Fire and Water and Sewer Departments, Florida
Department of Environmental Protection (DEP) and Florida Department of Transportation
(FDOT).
11. No building permits shall be issued (except for demolition and sales trailers) unless the
Applicant has submitted all documents referred to under this approval and shall have paid all
impact fees, bonuses, and Transfer of Development Rights (if applicable), professional fees
(as per Section 267-5 and such other applicable Land Development Regulations) due to the
City.
12. That the Applicant shall underground all utility lines in front of the proposed Project. At the
time of underground utility lines for the project, the Applicant shall also install decorative
sidewalk pavers consistent with decorative sidewalk pavers installed by the City. Any
damages to existing pavers shall require a full new paver sidewalk. The decorative sidewalks
shall be installed from the northern boundary of the property to the southern boundary of the
property.
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13. That the Applicant shall address comments provided by City's Traffic Consultant regarding
Traffic and vehicular issues per the memo dated December 06, 2018. The City Manager or
his designee shall review and provide additional comments if necessary.
14. If approved, the Applicant must submit a separate building permit prior any installation of
murals or graphics on temporary construction fencing to be approved administratively by the
City Manager or designee.
15. The Applicant shall pay all fees related to the review of the application described herein and
shall have paid all other fees due to the City.
B. Conditions to be completed before any Certificate of Occupancy is issued.
16. Under Section 267-4 of the City Code, the City Manager and/or his/her designee in review of
any application, may refer any such application presented to it to such engineering, planning,
legal, technical, or environmental consultant or professional(s) employed by the City as the
Manager shall deem reasonably necessary to enable him/her to review such application as
required by law. Charges made by such consultants or professionals shall be in accord with
the charges customarily made for such services in Miami-Dade County, and pursuant to an
existing contractual agreement by and between the City and such consultant. Charges made
by the City shall be in accord with the hourly rates charged by such consultants or hourly rates
of employed professionals and shall be paid within 30 days on submission of City voucher.
17. At the time of submission of any application or thereafter, it is required that an escrow account
be established, from which withdrawals shall be made to reimburse the City for the cost of
professional review services, if any. The Applicant shall then provide funds to the City for
deposit into such account in an amount to be determined by the City Manager,based on his/her
evaluation of the nature and complexity of the application. The Applicant shall be provided
with copies of any City voucher for such services as they are submitted to the City. When the
balance in such escrow is reduced to one-third (1/3) of its initial amount, the applicant shall
deposit additional funds into such account to bring its balance up to the amount of the initial
deposit. If such account is not replenished within thirty-days (30) after the applicant is
notified, in writing, of the requirements for such additional deposit, the City may suspend its
review of the application. An application shall be deemed incomplete if any amount shall be
outstanding. A building permit or Certificate of Use and Certificate of Occupancy shall not
be issued unless all professional review fees charged in connection with the applicant's project
have been reimbursed to the City. Once all pertinent charges have been paid, the City shall
refund to the Applicant any funds remaining on deposit.
18. That the Applicant shall furnish payment and performance bond in an amount determined by
the Building Official to ensure Applicant's performance of public improvements required
pursuant to site plan approval and in accordance with recommendations of the Building
Official after review of construction plans submitted based on development approval granted
herein. Any such bond shall be issued by a surety having a minimum rating of A-1 in the
Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the
•
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City, and shall provide that "this bond may;not be cancelled or allowed to lapse until 30 days
after receipt by the City, by certified mail, return receipt requested, of written notice from the
issuer of the bond of intent to cancel or not to renew". As improvements are made the City,
within its discretion, may reduce or eliminate the bond amount. These rights reserved by the
City with respect to any construction bond established pursuant to this section are in addition
to all other rights and remedies the City may have under this Resolution, in law or in equity.
C. Other Conditions.
19. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the City
upon compliance with all terms and conditions. The Certificate of Occupancy and Certificate
of Use shall be subject to cancellation upon violation of any of the conditions.
20. That the approved site plan shall remain valid for a period of 24-months from the date of
approval. If no building permit is issued within the 24-month time period, the site plan shall
be considered null and void and of no force and effect.
21. That the Applicant complies with all City Ordinances, County, State and Federal Laws and
Regulations applicable to development and permit approvals.
NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS
SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND
SHALL HAVE PAID ALL IMPACT FEES,:BONUSES AND PROFESSIONAL FEES (AS
PER SECTION 267-4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND
ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND
DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO
THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS (IF APPLICABLE),
OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED
PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION IV HEREINABOVE
HAVE BEEN TRANSFERRED.
FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS
DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS
SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN
FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO
STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY
ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL
THESE TERMS AND CONDITIONS.
VI. AUTHORIZATION OF CITY MANAGER
The City Manager is hereby authorized to do all things necessary to effectuate this Resolution.
18-Z-(017501 Collins Ave 6
VII. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason,
held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be
deemed a separate,distinct, and independent provision and such holding shall not affect the validity
of the remaining portions of this Resolution.
VIII. REPEALER
All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed.
IX. EFFECTIVE DATE
This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 20th day of December, 2018.
CITY OF SU 1 LES BEACH, FLORIDA
By its City C.mmis on
By:
George "Bud" Scholl, Mayor
, a 71`
c
•
MATT .•
r •- '
% I
'., iMauricio Betanc ir, CMC, City Clerk
APPROVED AS TO FORM
AND . GAL UFFICIENCY:
44107-61 _
11.ns Ottinot, Cil ' Attorney
Moved by: cOANl ° E C4-T1 D
Second by: avVitili SrtOPJEIR-
18-Z-t( 17501 Collins Ave 7
VOTE:
Mayor Scholl '7yes no
Vice Mayor Goldman dyes no
Commissioner Gatto /yes no
Y
Commissioner Svechin yes no
Commissioner Viscarra •/ yes no
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
I, MAURICIO BETANCUR, Clerk of the City of Sunny Isles Beach, Florida, do hereby certify
that the above and foregoing is a true and correct copy of Resolution No. 18-Z- I(01 adopted by
the City Commission at its meeting held on the 20th day of December, 2018.
•Issued this 7-4" day of beCEMP � , 2018. c ter, °
, k I c,
`..`-y� 1' isi r /, 7, j
Mauricio It etancu , CMC;'City,Clerk� • "
18-Z-W9 17501 Collins Ave 8