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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. 18-Z-1V( 17501 Collins Ave 4 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 • 18-Z-tVi 17501 Collins Ave 5 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