HomeMy WebLinkAboutZoning Resolution 19-Z-174 RESOLUTION NO. 19-Z- i 14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, GRANTING A WAIVER OF
ORDINANCE NO. 2019-541 SUBMITTED BY ST. TROPEZ
DEVELOPERS, LLC TO PERMIT CONSIDERATION OF A SITE
PLAN MODIFICATION APPLICATION SUBMITTED FOR THE ST.
TROPEZ OFFICE TOWER (PHASE III); 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.
WHEREAS, the City Commission of the City of Sunny Isles beach adopted Ordinance
No. 2019-541 on September 19, 2019 which imposed a moratorium on all building and zoning
approvals in the Town Center District (the "Ordinance"); and
WHEREAS, St. Tropez Developers, LLC (the "Applicant") is seeking a waiver of the
building and zoning moratorium imposed by the Ordinance to permit the City Commission to
review the Applicant's application to modify the approved site plan under Resolution No. 12-Z-
133 adopted on November 15, 2012, Resolution No. 13-Z-137 adopted on October 17, 2013; and
as amended by Resolution No. 15-Z-151 adopted April 16, 2015; and
WHEREAS, the application for the requested waiver was received by the City within
forty-five days from the effective date of the Ordinance, in accordance with the provisions of said
Ordinance; and
WHEREAS, on November 21, 2019, the City Commission conducted a public hearing
on the waiver application; and
WHEREAS, the public hearing was duly advertised and held as required by law, all
interested parties concerned with the matter were heard, and due and proper consideration was
given to the matter and to the positive recommendation contained in the City's Review Report;
and
WHEREAS, the City Commission reviewed the waiver application, the written and oral
recommendations of the Planning and Zoning Staff and Consultants of the Planning and Zoning
Department, including the recommended conditions, and hereby finds competent substantial
evidence to support a showing by the Applicant that the request for a waiver of Ordinance No.
2019-541 is in compliance with the City's Land Development Regulations and the Comprehensive
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and
confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Findings and Conclusions. Based upon an analysis of the waiver application the
standards for approval of the same in accordance with the provisions of the Ordinance, the City
Commission hereby finds and concludes that the Applicant's request for a waiver of the operation
of the Ordinance is consistent with said Ordinance, the Comprehensive Plan and the Land
Development Regulations, and would not detrimentally affect or be inconsistent with the
regulations that will be created and adopted and will not impair the public health, safety or welfare
of the community at large.
Section 3. Approval. The Applicant's request for a waiver of the provisions of Ordinance No.
2019-541 is hereby approved for the sole purpose of considering the Applicant's application for
modification of prior site plan approval as set forth above.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Sections. 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 provisions and such
holding shall not affect the validity of the remaining potions of this Resolution.
Section 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and
are hereby repealed.
• Section 7. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 21' day of N. - )er 2019.
a
George ''Sch• I, Mayor
4► f
4 4111,
` - Maur 'o I:etafi',ur, CMC, City Clerk
-16
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
fiAAW•
Edward A. Dion, City Attorney
Moved by: CAW lSs4o,4t(2 6oLtrevA
Second by: COAAMtc1.A0N4512- VISGA-u 4
Vote:
Mayor Scholl I/ (Yes) (No)
Vice Mayor Svechin (Yes) 'I(No)
Commissioner Goldman —1—(Yes) (No)
Commissioner Lama V (Yes) (No)
Commissioner Viscarra 1 (Yes) (No)