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HomeMy WebLinkAboutZoning Resolution 19-Z-172 RESOLUTION NO. 19-Z- I el Z A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA APPROVING A VARIANCE TO INSTALL AN ADDITIONAL WALL SIGN FOR PUBLIX SUPER MARKETS, INC.; 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, Publix Supermarkets, Inc. (the "Applicant") is seeking approval to install an additional wall sign on its parcel where two (2) wall signs are the maximum number allowed per parcel; and has submitted a variance application(Application No. PZ2019-06)to the City of Sunny Isles beach, requesting the following: Pursuant to Section 265-63.1 of the City of Sunny Isles Beach Code of Ordinance to increase the number of wall signs to allow three (3) wall signs, whereas two (2) is allowed per Section 265-56(B). The Applicant has provided two options for the location of the proposed sign, requesting approval on one of the two proposed locations. Legal Description: Legal description of a part of the South 300 Feet of Tract "N" amended Plat of North Biscayne Beach, as recorded in Plat Book 44, at Page 42, of the Public Records of Dade County, Florida, described by Metes and Bounds as follows: Commence at the Southeasterly corner of said Tract "N" and run N. 90 degrees W. Along as assumed bearing along the Southerly line of Tract "N" along the Northerly right-of-way line of North 183`d Street a distance of 125.00 Feet to the point of Beginning (POB) of Parcel 1: Thence continue along the last mentioned course a distance of 342.17 feet; Thence run N. 0 degree E. a distance of 300 feet to the Northerly line of the South 300 feet of Tract"N"; Thence run N. 90 degrees E. along said Northerly line a distance of 499.26 feet to the Easterly line of Tract"N" also being the Westerly right-of-way line of Collins Avenue a distance of 126.71 feet; thence run N. 90 degrees W. a distance of 125 feet; thence run S. 63 degrees 06' 20" W. (DEED), S. 6°06'20" W. (FIELD), a distance of 175 feet to the point of beginning (POB). Address: 18320 — 18330 Collins Avenue Folio: 31-2202-003-0201; 31-2202-003-0203; 31-2202-003-0204 WHEREAS, on November 21, 2019, the City Commission conducted a public hearing on the variance 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 Development review report; and WHEREAS, the City Commission reviewed the variance application, the written and oral recommendations of the Planning and Zoning Staff and Consultants of the Planning and Zoning Department included the recommended conditions, and hereby finds competent substantial evidence to support a showing by the Applicant that the request for a variance 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 theg eneral 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 variance application and the standards for approval of a sign variance under the City's Land Development regulations, the City Commission hereby finds and concludes that the Applicant's request for a variance for an additional wall sign on its parcel is consistent with the Comprehensive Plan and the Land Development Regulations. Section 3. Approval. The Applicant's request for a variance for an additional wall sign on its parcel is hereby approved subject to all conditions set forth 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 "Publix", prepared by Atlas Branding the World; consisting of 5 sheets dated July 23,2019; Plans are subject to revisions-based comments provided by zoning staff of the City of Sunny Isles Beach. (2) Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Planning and Zoning Department and be consistent with the specific 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. (3) That the approved plan shall remain valid for a period of 24-months from the date of the site plan modification 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. (4) 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, 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 c Nove' ber 2019. c'� George . Scholl, Mayor ATT D T: ' 1 . s,.'. Mauric.e,,Betai cur, CMC, City Clerk L, ,yy APPROVED AS TO FORM AND LEGAL SUFFI ,NCY: L. . Lii • Edward A. Dion, City Attorney Moved by: eAtAr II SStor4 a- Seconded by: COMP Scrtorg - Lprovp, Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin (Yes) ✓ (No) Commissioner Goldman I (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra ✓ (Yes) (No)