HomeMy WebLinkAboutZoning Resolution 20-Z-176 RESOLUTION NO. 20-Z- 74
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING A SITE PLAN APPLICATION
(PZ2019-09) SUBMITTED BY A3 DEVELOPMENT, LLC, FOR THE
PROJECT ENTITLED "ESTATES AT ACQUALINA OFF-SITE PARKING
GARAGE" CONSISTING OF AN ENCLOSED EIGHT(8) STORY PARKING
GARAGE WITH 473 PARKING SPACES; 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, A3 Development, LLC (the "Applicant") submitted a site plan application
(PZ2019-09), to the City of Sunny Isles Beach, Florida, for the project entitled "Estates at
Acqualina Off-site Parking Garage" consisting of an enclosed eight (8) story parking garage; and
WHEREAS, the parking lot wherein the parking garage is to be developed has been long
associated with the eastern lots now known as the Estates of Acqualina, and has a covenant in lieu
of unity of title to provide off-site parking requirements for the Acqualina's properties (Recorded
under MDC # CFN: 20170522177); and
WHEREAS, the Applicant's site plan application requests the following:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations,the Applicant is requesting a site plan approval for an enclosed eight(8) story
parking garage with approximately 473 parking spaces and a Floor Area Ratio of zero (0)
square feet. Of the 473 parking spaces, 199 are to meet the minimum parking requirements
for the Estates of Acqualina, 28 spaces are for the Estates of Acqualina sales center, 100
parking spaces will be for employees of the three Acqualina's properties, and the
remaining 146 parking spaces are overflow for potential leasing opportunities.
2. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting approval of an access easement in order to create
a six-foot wide pedestrian safe walkway connecting Atlantic Boulevard to Collins Avenue,
in order to create the walkway,the Applicant would have to realign certain parking spaces
and curbing at City Hall parking lot.
Legal Description: A portion of Tract "A" of THE PEOPLES PROPERTY
according to the plat thereof, as recorded in Plat Book 106,
Page 37 of the Public Records of Miami-Dade County,
Florida, less and except the South 125.00 feet of said Tract
"A" being more fully described as follows: Begin at the
Northwest corner of said Tract "A"; thence on a bearing of
East along the North line of said Tract "A" for 200.00 feet to
the Northeast corner thereof;thence continue on a bearing of
South 06°06'20" West along the Easterly line of said Tract
"A" for 60.00 feet; thence on a bearing of East along the
Northerly line of said Tract"A" for 50.00 feet to the East line
of said Tract "A"; thence South 06°06'20" West along the
East line of said Tract"A" for 74.29 feet;thence on a bearing
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of West along a line parallel with and 125.00 feet North of
as measured at 90°00'00" from the South line of said Tract
"A" for 250.00 feet to a point on the West line of said Tract
"A"; thence North 06°06'20" East along said West line of
said Tract "A" for 134.28 feet to the Point of Beginning
Subject to the Easement described in that certain Warranty
Deed recorded in Official Records Book 12000, Page 92 of
the Public Records of Miami-Dade County, Florida.
Address: 125 178 Street, Sunny Isles Beach, FL
Folio: 31-2211-027-0020 (Reference)
WHEREAS, on January 16, 2019, the City Commission conducted a public hearing
on the site plan 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 application, the written and oral
recommendations 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 site plan approval 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 application and
the standards for approval of a site plan under the City's Land Development Regulations, the City
Commission hereby finds and concludes:
That the Applicant's request for approval of an enclosed eight (8) story parking garage
with approximately 473 parking spaces and a Floor Area Ratio of zero (0) square feet, is
in compliance with the Comprehensive Plan and the Land Development Regulations of
the City of Sunny Isles Beach, and there is substantial competent evidence to support
approval of the application.
Section 3. Approval. The Applicant's request for a site plan approval for an enclosed eight(8)
story parking garage with approximately 473 parking spaces and a Floor Area Ratio of zero
(0) square feet, is hereby approved subject to all conditions set forth in Section 4 below
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Section 4. Conditions.
A. Conditions to be completed before below grade or building permits are issued.
(1) The plans reviewed are on file, and may be examined, in the City Clerk's Office and
are entitled "Estates at Acqualina Parking Garage Building", prepared by Cohen,
Freedman, Encinosa & Associates Architects, P.A date stamped received December
24, 2019 consisting of 16 sheets; Civil Engineering Plans prepared by Thomas Checca,
P.E. date stamped received December 24, 2019 consisting of 5 sheets;Landscape Plans
prepared by EDSA date stamped received December 24, 2019 consisting of 3 sheets;
and, the Survey prepared by Fortin, Leavy, Skiles, Inc. date stamped received
December 24, 2019 consisting of 1 sheet. Plans are subject to revision-based comments
provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to
modification.
(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) If applicable, a Miami-Dade County tree removal permit must be secured and attached
to the landscape permit application prior to demolition. Per the approval for the
construction staging on adjacent City site, a Miami-Dade County approval is needed
for the disposition of trees on adjacent City property.
(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) 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)bus shelter easement and(ii) an access easement in order
to create a six-foot wide pedestrian safe walkway connecting Atlantic Boulevard to
Collins Avenue. The plot plan shall show but is not limited to,the type and size of plant
materials, lighting,and City approved furniture, signage,paver design specification and
maintenance.
(7) That the Applicant and the City shall enter into a temporary construction easement
agreement to facilitate the construction of the pedestrian pathway, the reconstruction
of parking spaces at City Hall parking lot, and the reconstruction of any other affected
areas on City's property.
(8) That the Applicant shall enter into an easement agreement with the City for the use the
Government Center for ingress and egress to the main entrance of the proposed parking
garage.
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(9) 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.
(10) All conditions set forth in City Resolution No. 14-Z-144 approved and adopted on
September 18, 2014 and Resolution No. 15-Z-153 approved and adopted on April 16,
2015 and Resolution 18-Z-165 approved and adopted on April 19`h, 2018 shall remain
in effect.
(11)That the approved site plan shall remain valid for a period of 24-months from the date
of this site plan 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.
B. Conditions to be completed before any Certificate of Occupancy is issued.
(12) Under Section 267-4, 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.
(13) 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.
(14) 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 City, and shall
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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.
Other Conditions:
(15) 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.
(16) The main entrance to the Acqualina Off-Site Parking garage shall be from the
alley. The secondary garage exit/entry located on Atlantic Boulevard shall be
restricted to emergency entrance/exit use during School Zone operating hours for
Norman S. Edelcup/Sunny Isles Beach K-8, which is 30 minutes before and after the
school's posted times of operation.
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.
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Section 8. Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 16th day of January 2020.
CITY OF SU L.LES BEACH, FLORIDA
t^;r1r,
., O 'rGeorge H. Scholl, Mayor
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6-4' !Iau ici• Beta� �c,(i CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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Edward A. Dion, City Attorney
Moved by: V(t l(dr2 SvEatinl
Seconded by: GOMIS re.lONte— 1.444-4 p_
Vote:
Mayor Scholl 1 (Yes) (No)
Vice Mayor Svechin (Yes) (No)
Commissioner Goldman ✓ (Yes) (No)
Commissioner Lama I (Yes) (No)
Commissioner Viscarra / (Yes) (No)
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