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Home My WebLink AboutZoning Resolution 19-Z-175 RESOLUTION NO. 19-Z- (15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION SUBMITTED BY ST. TROPEZ BEACH DEVELOPERS, LLC, FOR THE ST TROPEZ OFFICE TOWER (PHASE III) TO REDUCE THE WIDTH SIZE OF TWENTY-FIVE PARKING SPACES IN ITS PARKING GARAGE AT NO LESS THAN EIGHT FEET SIX INCHES; 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, St. Tropez Beach Developers, LLC (the "Applicant") is seeking approval 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 is seeking approval of a site plan modification to reduce the width size of twenty-five(25)parking spaces out of 280 total required parking spaces in its parking garage from the required nine feet to no less than eight feet six inches in width; and has submitted a site plan modification application(Application No. PZ2019-10)to the City of Sunny Isles Beach, requesting the following: A modification of the approved site plan pursuant to Resolution No. 12-Z-133 adopted on November 15, 2012, 2014; Resolution No. 13-Z-137 adopted on October 17, 2013; and as amended by Resolution No. 15-Z-151 adopted April 16, 2015; to reduce the width size of 25 parking spaces out of 280 total required parking spaces in its parking garage, from nine feet in width to no less than eight feet six inches in width. Legal Description: Phase III: 2nd Rev Bella Vista PB 50-76 Lot 35 & Island 35 Lot size irregular F/A/U 30-2214-007-0350 COC 26209-4264 02 2085 5 or 26209- 4264 0208 01. 2"d Rev Bella Vista PB 50-76 Lot 36 & TR A Less Beg NW cor of Lot 36 TH 3 106.26ft Ely Sely & Sly Ad 43.22 FT Swly Ad 172.96FT W42.93F N127.65F N:Y Ad 45.97FT. Location: 16690 Collins Avenue Folio: 31-2214-007-0360; 31-2214-007-0350 WHEREAS, on November 21, 2019, the City Commission conducted a public hearing on the site plan modification 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 Community Development Department Review Report; and WHEREAS, the City Commission reviewed the site plan modification 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 site plan modification is in compliance with the City's Land Development Regulations and the Comprehensive Plan, 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 the variance application 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, 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 site plan modification application and the standards for approval of a site plan modification under the City's Land Development Regulations, the City Commission hereby finds and concludes that the Applicant's request for a site plan modification to reduce the width size of twenty-five parking spaces on its parcel is consistent with the Comprehensive Plan and Land Development Regulations of the City of Sunny Isles Beach. Section 3. Approval. The Applicant's request for a site plan modification of the approved site plan under Resolution No. 14-Z-144 adopted on September 18, 2014; and later modified by Resolution No. 15-Z-153 adopted on April 16, 2015; and as later modified by Resolution No. 18- Z-165 adopted April 19, 2018 to reduce the width size of twenty-five parking spaces from nine feet in width to no less than eight feet six inches in width on its parcel is hereby approved subject to all conditions set forth in Section 4 below. The site plan approval under Resolution No. 14-Z- 144 adopted on September 18, 2014; and later modified by Resolution No. 15-Z-153 adopted on April 16,2015;and as later modified by Resolution No. 18-Z-165 adopted April 19,2018is deemed modified by the plans set forth in Condition No. 1 in Section 4 below. Section 4. Conditions. Conditions to be completed before demolition, below grade or building permits are issued: (1) That the plans in the approval be substantially in accordance with that submitted for public hearing, which are entitled "St. Tropez Office Tower" prepared by Axioma3 Architects; consisting of 7 sheets date stamped October 24th, 2019. Plans may be modified at Public Hearing. (2) Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of 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. Should revisions in the plans 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. (3) All conditions set forth in City Resolution No. 12-Z-133 approved on November 15, 2012, Resolution No. 13-Z-137 approved on October 17, 2015 and Resolution No. 15- Z-151 approved April 16, 2019 shall remain in effect (4) 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. (5) That the twenty-five parking spaces thus reduced in width shall be used solely for valet parking. 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, OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH 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. Section 5. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 6. 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 7. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and are hereby repealed. Section 8. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 21st day of Nov-tuber 019. George H. :choll, Mayor '. J r ATTEST: ' o trei.,, ;{ Mauricio Bketancur, C C, City Clerk f t 'Jr APPROVED A;S TO FORM AND LEGAL-SUFFICIENCY: Edward A. Dion, City Attorney Moved by: CyffilCSaDrf6t2 .1:1L,blyvAS Seconded by: Cfit4GtA,J62 Utcciin{!.- Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman i/ (Yes) (No) Commissioner Lama v (Yes) (No) Commissioner Viscarra I (Yes) (No)