HomeMy WebLinkAboutZoning Resolution 21-Z-182RESOLUTION NO. 21-Z- 10 2-
A
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SITE PLAN APPLICATION (PZ2021-06) SUBMITTED BY
18401 DEVELOPERS LLC, FOR THE PROJECT ENTITLED "BENTLEY RESIDENCES"
CONSISTING OF A SIXTY-TWO (62) STORY RESIDENTIAL CONDOMINIUM TOWER
WITH 616,185.18 SQUARE FEET OF FLOOR AREA RATIO (FAR) AND 216
RESIDENTIAL DWELLING UNITS; 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, 18401 Developers, LLC (the "Applicant") submitted a site plan application
(PZ2021-06), to the City of Sunny Isles Beach, Florida ("City"), for the project entitled ""Bentley
Residences" ("Application") requesting the following:
1. Pursuant to Section §265-18 and §265-35 of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a Site Plan Approval for the project
"Bentley Residences" consisting of a sixty-two (62) story residential condominium tower
with a total of 616,185.18 square feet of Floor Area Ratio (FAR) and a total of 216
residential dwelling units. The aforementioned FAR and dwelling units consist of
257,602.5 sq ft of FAR and 118 dwelling units from base, 216,386 sq ft of FAR and 70
dwelling units from bonuses, and 142,196.58 sq ft of FAR and 28 dwelling units from
TDRs.
2. Pursuant to Section §265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting approval for the purchase and assignment of
TDRs in the total amount of 127,035.58 square feet of FAR and 63 dwelling units, as
follows: TDRs from the Private TDRs account owned by NDPRE#14, LLC in the amount of
114,471 sq ft of FAR and 51 dwelling units and TDRs from the City's TDRs Bank in the
amount of 12,564.58 sq ft and 12 dwelling units.
3. Pursuant to Section §265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting approval for the assignment of 15,161 square
feet and 7 dwelling units from the private TDRs Bank, Dezer Universal LLC.
4. Pursuant to Section §33-257 of the Code of Ordinances of Miami -Dade County, the
Applicant is requesting approval for a Declaration of Restrictive Covenants to define the
plot of land as Parcel 1, a 201.15 -foot -wide lot (2.366 acres), to develop the proposed
the Bentley Project; and Parcel 2, a 50 -foot -wide lot (0.597 acres), to be used as a
construction staging lot and thereafter to be set as a park -like vacant lot.
5. Pursuant to Section §150 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a waiver for the exterior color palette proposed by the project
from the City's allowed exterior color palette.
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6. Pursuant to Section §265-35 D. (8) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a waiver of the requirements for a beach access
to be combined when next to an existing beach access and providing the required beach
access on the southern boundary of the project.
7. Pursuant to Section §165-11(N)(2) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a payment agreement for the requested bonuses
and City's TDR's, not paid -in kind over a period of time and on terms approved by the
City Commission.
8. Pursuant to Section §104-4.2 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting to defer the work of art requirement from the
Arts in Public Places Program to after the site plan approval but prior to issuance of
Temporary Certificate of Occupancy (TCO) or Certificate of Occupancy (CO).
9. Pursuant to Section §265-63.3(G) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of murals and graphic designs on a
temporary construction fence.
Legal Description: A Proposed Parcel 1— Bentley Residences Project Site
Tract "M", less the South 350 feet as measured at 900 to the
Southerly boundary, AMENDED PLAT OF NORTH BISCAYNE BEACH,
according to the plat thereof, as recorded in Plat Book 44 at Page 42,
of the Public Records of Miami -Dade County, Florida. All the property
thereon is bounded on the East by the Erosion Control Line of the
Atlantic Ocean, said line recorded in Plat Book 134 at Page 47, of the
Public Records of Miami -Dade County, Florida.
Legal: Proposed Parcel 2 —50 Ft Parcel
The North 50 feet of the South 350 feet of Tract "M" as measured at
900 to the Southerly boundary, AMENDED PLAT OF NORTH BISCAYNE
BEACH, according to the plat thereof, as recorded in Plat Book 44 at
Page 42, of the Public Records of Miami -Dade County, Florida. All the
property thereon is bounded on the East by the Erosion Control Line
of the Atlantic Ocean, said line recorded in Plat Book 134 at Page 47,
of the Public Records of Miami -Dade County, Florida.
Address: 18401 Collins Avenue, Sunny Isles Beach, Florida
Folio: 31-2202-003-0210
WHEREAS, on September 14, 2021, the City Commission conducted a public hearing
on the 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
Services Department Review Report; and
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WHEREAS, notice was provided to all interested parties regarding the Application; and
WHEREAS, the City Commission reviewed the Application, the written and oral
recommendations of the Development Services 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 Application and the
standards for approval of a site plan under the City's Land Development Regulations, the City
Commission hereby finds and concludes:
A. The Application is in compliance with the City's Land Development Regulations
and there is substantial competent evidence to support approval of the Application.
B. The Application is consistent with the Comprehensive Plan and Land Development
Regulations of the City.
Section 3. Approval.
A. The Applicant's request for a sixty-two (62) story residential condominium tower with
a total of 616,185.18 square feet of Floor Area Ratio (FAR) and a total of 216
residential dwelling units, consisting of 257,602.5 sq ft of FAR and 118 dwelling units
from base, 216,386 sq ft of FAR and 70 dwelling units from bonuses, and 142,196.58
sq ft of FAR and 28 dwelling units from TDRs, is hereby approved, subject to all
conditions set forth in Section 4, below.
B. The Applicant's request for the purchase and assignment of TDRs in the total amount
of 127,035.58 square feet of FAR and 63 dwelling units as follows: TDRs from the
Private TDRs account owned by NDPRE#14, LLC in the amount of 114,471 sq ft of FAR
and 51 dwelling units and TDRs from the City's TDRs Bank in the amount of 12,564.58
sq ft and 12 dwelling units, is hereby approved, subject to all conditions set forth in
Section 4, below.
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C. The Applicant's request for the assignment of 15,161 square feet and 7 dwelling units
from the private TDRs Bank, Dezer Universal LLC, is hereby approved, subject to all
conditions set forth in Section 4, below.
D. The Applicant's request for approval a Declaration of Restrictive Covenants to define
the plot of land as Parcel 1, a 201.15 -foot -wide lot (2.366 acres), to develop the
proposed the Bentley Project; and Parcel 2, a 50 -foot -wide lot (0.597 acres), to be
used as a construction staging lot and thereafter to be set as a park -like vacant lot, is
hereby approved, subject to all conditions set forth in Section 4, below.
E. The Applicant's request of a waiver for the exterior color palette proposed by the
project from the City's allowed exterior color palette, is hereby approved, subject to
all conditions set forth in Section 4, below.
F. The Applicant's request for a waiver of the requirements for a beach access to be
combined when next to an existing beach access and providing the required beach
access on the southern boundary of the project, is hereby approved, subject to all
conditions set forth in Section 4, below.
G. The Applicant's request for a payment agreement for the requested bonuses and
City's TDR's, not paid -in kind over a period of time and on terms approved by the City
Commission, is hereby approved, subject to all conditions set forth in Section 4,
below.
H. The Applicant's request to defer the work of art requirement from the Arts in Public
Places Program to after the site plan approval but prior to issuance of Temporary
Certificate of Occupancy (TCO) or Certificate of Occupancy (CO), is hereby approved,
subject to all conditions set forth in Section 4, below.
I. The Applicant's request for the use of murals and graphic designs on a temporary
construction fence, is hereby approved, subject to all conditions set forth in Section
4, below.
Section 4. Conditions.
A. 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, and may be examined, in the City Clerk's Office and are entitled
"Bentley Residences", prepared by Sieger Suarez Architects stamped received August
17th, 2021, consisting of 37 sheets, Landscaping sheets prepared by EGS2 stamped
received August 17th, 2021 consisting of 11 Sheets, Electrical sheets prepared by MGE
Engineering stamped received August 17th, 2021 consisting of 2 sheets, Civil Sheets
prepared by Langan Engineering and Environmental Services Inc stamped received
August 17th, 2021 consisting of 10 sheets, and Survey prepared by Fortin, Leavy,
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Skiles, Inc stamped received June 22nd, 2021 Plans are subject to revisions based on
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 a building permit, the plans submitted shall
be approved by the Development Services 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 a site pan modification approval of the
City Commission.
3. That a plot plan be submitted to the Development Services Department for
review. The plot plan shall include all easements proffered by the Applicant to the
City, including but not limited to (i) a minimum of ten -foot (10') landscape easement
along the west side of the property, (ii) one (1) bus shelter easement and relocation,
(iii) a 10,000 square foot Public Oceanfront Park easement and (iv) a 20 -foot beach
access easement. 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.
4. That the Applicant submit a Declaration of Restrictions in recordable form acceptable
to the Development Services Department and acceptable to the City Attorney prior
to submittal for an application for building permit, which proffers: (i) a minimum of
ten -foot (10') landscape easement along the west side of the property and (ii) one (1)
bus shelter easement and (iii) a 10,000 square foot Public Oceanfront Park easement
and (iv) a 20 -foot beach access easement. Additionally, the Declaration shall provide
that the Applicant (v) provide 24-hour valet parking services for owners and guests
and (vi) include that the ownership assignment of any cabana shall be strictly to an
owner or owners of a unit within the Bentley Residences project. Cabanas shall not be
used as a dwelling unit and shall not be rented or leased to any person other than an
owner or owners of a unit within the condominium. The maintenance of these
easements, parking areas and cabanas shall be the responsibility of the Applicant.
5. That the Applicant submit a Declaration of Restrictive Covenants in recordable form
acceptable to the Development Services Department and acceptable to the City
Attorney prior to submittal for an application for building permit for the subdivision
of the property.
6. That the Applicant complies with all conditions and permit requirements, including
but not limited to, Miami -Dade County DERM, environmental conditions and
permitting, the Fire and Water and Sewer Departments, and Florida Department of
Transportation (FDOT), Miami -Dade DTPW, Miami -Dade Aviation, Florida Department
of Environmental Protection (FDEP), etc.
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7. 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, professional
fees (as per Section §267-5 and such other applicable Land Development Regulations)
due to the City.
8. A Miami -Dade County tree removal permit must be secured and attached to the
landscape permit application prior to demolition.
9. That palms along Collins Avenue be at least 12' clear -wood Medjool Palms or shall
match adjacent palms' heights, to be consistent with the City Streetscape Master Plan.
If the Applicant is to remove Medjool's Palms before or during construction, the
Applicant is responsible for the relocation of the palms to a selected location by the
City Manager.
10. That the Applicant pursue Florida Department of Transportation (FDOT) and Miami -
Dade County DTPW approvals and any other required external agency's approval, to
address traffic improvements or modifications either on-site or within public rights-
of-way, including, but not limited to, roadway adjustments, traffic control devices or
mechanisms and access restrictions to control on-site traffic flow or divert traffic as
needed to mitigate the negative impacts of development generated traffic on
neighborhood streets as warranted, feasible and consistent with City Regulations. The
City will assist to coordinate with all the Applicant's efforts to obtain such approvals.
If Applicant fails to obtain approvals as described, a site plan modification is required
to be approved at a public hearing by City Commission.
11. That the Applicant must present evidence of performance to the Development
Services Department of the obligation required to qualify for the Floor Area Ratio
bonus. In the event that the Applicant has done so and prior to issuance of a building
permit, the Applicant shall acquire the following floor area ratio bonuses:
a)
Beach Access Trust Fund
0.20 FAR
$1,892,800.00
b)
Beach Access Easement
0.10 FAR
$ 0.00 (*)
C)
Public Beach Rec. Enhancement
0.60 FAR
$5,678,400.00
d)
Collins Ave Streetscape Enhanc.
0.60 FAR
$5,678,400.00
e)
SIB Public Parking Bonus
0.20 FAR
$1,892,800.00
f)
Public Oceanfront & Open Space
0.20 FAR
$ 0.00 (*)
g)
Educational and Cultural Bonus
0.20 FAR
$1,892,800.00
(*) non -monetary floor area ratio bonus
The FAR bonus program consists of participation units, which in this case are equal to
36 participation bonus units (where each participation unit has a value of 0.05 FAR).
In detail, the bonus formula is the lot size (acres), times the participation units, times
the price tag of the participation unit, for this case is as follows:
2.366 (acres) x 36 (participation units) x $200,000 (price tag/participation unit) _
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$17,035,200.00
The total contribution for all Floor Area Ratio bonuses for the development is
$17,035,200.00 for a total increase of 2.1 FAR or 216,386.10 square feet of FAR and
70 dwelling units. The Applicant shall provide the City with a non-refundable deposit
in the amount of ten percent (10%) of the approved purchased price of
$17,035,200.00 for the FAR bonuses acquired from the City. The total amount of the
deposit is $1,703,520.00. Failure to pay the required deposit within the three (3)
working days of approval of the Application shall result in an automatic voiding of the
City Commission site plan approval. The Applicant is proposing to enter into an
installment payment plan in accordance with the City Code for the remaining balance
(90%), if approved, this agreement shall be executed prior to below grade or master
building permit of the project.
12. That the Applicant submit evidence of purchase of the required 114,471 square feet
of FAR and 51 dwelling units of Transfer Development Rights (TDRs) purchased from
the NDPRE # 14, LLC ("Navarro") Private Bank. The total contribution for these TDRs
is $14,308,875.00. The Applicant shall provide the City with a non-refundable deposit
in the amount of ten percent (10%) of the approved purchased price of
$14,308,875.00 for the TDRs. The total amount of the deposit is $1,430,887.50.
Failure to pay the required deposit within the three (3) working days of approval of
the Application shall result in an automatic voiding of the City Commission site plan
approval. The Applicant is required to pay the remaining balance of ninety percent
(90%) in accordance with the Assignment and Hold Harmless Agreement.
13. That the Applicant shall submit evidence of purchase subject of the required
12,564.58 square feet of FAR and 12 dwelling units of Transfer Development Rights
(TDRs) purchased from the City's Public TDR's Bank. That the Applicant provides the
City with a non-refundable deposit in the amount of ten percent (10%) of the
approved purchased price of $1,570,572.50 for the TDRs. The total amount of the
deposit is $157,057.25. Failure to pay the required deposit within the three (3)
working days of approval of the TDRs application and Application shall result in an
automatic voiding of the City Commission approval of the Receiving Site, transfer of
TDRs, and site plan approval.
14. That the Applicant shall assign to the Bentley Residences project, 15,161 square feet
of FAR and 7 dwelling units from the private TDRs bank, Dezer Universal, LLC.
15. That the Applicant shall submit an updated Demolition and Construction Staging and
Traffic Management Plan, to include the remaining 50 -foot -wide parcel (proposed
Parcel 2) on the south side of the property, before commencing any construction
activity. The staging plan shall provide a schedule of activities such as, parking
arrangements, lane closures, sidewalk closures, any other required activity that may
provoke an impact at the surrounding areas and a plan to implement perimeter
scaffolding, catch platform system or construction safeguards, intended to prevent
people, materials, debris, concrete spillage, dust, paint, construction material etc.
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from falling to private and public property. The staging plan shall include
arrangements to mitigate against construction trucks idling, driving through, or
parking in the Golden Shores neighborhood. The parking arrangements set forth in
the staging plan shall provide that construction personnel shall not park their private
vehicles nor walk through the Golden Shores neighborhood to access the project. The
staging plan should be approved administratively by the City Manager or designee.
16. That the Applicant complies with all conditions and permit requirements from Miami -
Dade County, the City, and any other external agencies, for the relocation of the
existing bus shelter. The Applicant shall provide an easement agreement for the
relocated bus shelter.
17. That the Applicant shall address comments provided by City's Traffic Consultant
regarding Traffic and vehicular issues per the memo dated August 23rd, 2021. The City
Manager or his designee shall review and provide additional comments if necessary.
All comments are to be addressed prior to issuance of building permit.
18. That the Applicant shall address comments provided by City's Engineering Consultant
regarding civil engineering and site issues per the memo dated August 20th, 2021. The
City Manager or his designee shall review and provide additional comments if
necessary. All comments are to be addressed prior to issuance of building permit.
19. 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.
20. That the Applicant provide the Lighting/Photometric Plan prior to building permit.
21. That the Applicant provide the Signage and Pavement Marking Plan prior to building
permit.
22. 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.
23. That Applicant shall obtain an active concurrency review approval from Miami -Dade
County School Board. School Concurrency Determination Letter issued date
05/10/2021, Application No. SP3121042600206.
B. Conditions to be completed before any Certificate of Occupancy is issued.
1. The Applicant shall meet all requirements pursuant to the Arts in Public Places
Program. The Applicant shall schedule the hearing with the Public Arts Advisory
Committee (PAAC) for review of the work of art, not less than 120 days prior to
issuance of Temporary Certificate of Occupancy (TCO) or Certificate of Occupancy
(CO), whichever comes first. If Applicant does not receive approval from the PAAC
prior to TCO or opts to make a voluntary monetary contribution, the Applicant shall
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be required to pay 1% of construction or reconstruction costs, or the sum of
$500,000.00, whichever is less, to the Public Art Fund prior to TCO.
2. That the Applicant underground all utility lines adjacent to the proposed project,
and at the time of undergrounding the utility lines for the project, the Applicant shall
also install decorative sidewalk pavers consistent with decorative sidewalk pavers
installed by the City provided that such pavers have not been installed by the City.
The decorative sidewalks shall be installed from the northern boundary of the
property to the southwestern boundary of the property.
3. 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.
4. 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.
5. 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:
1. That in the event of multiple ownership, a homeowner's association be established
in accordance with applicable regulations to assure that all common areas and
facilities for the residents, as well as all easements dedicated to the City, shall be
maintained in continuous and satisfactory manner and without expense to the City
of Sunny Isles Beach.
2. If approved, after the construction of the project, the Applicant must bring the
remaining 50 -foot parcel into a park -like secured vacant lot to meet the minimum
vacant lot requirements pursuant to Ordinance 2021-565.
3. That the Applicant, during construction, shall provide a perimeter scaffolding, catch
platform system or construction safeguards, intended to prevent people, materials,
debris, concrete spillage, dust, paint, construction material etc. from falling to
private and public property. The Applicant shall implement a catch platform or
construction safeguard to be installed at no less than two story below the active
work zone level. If multiple level are active work zones, multiple catch platform shall
be installed. The Applicant shall be responsible for decreasing and preventing
materials, debris, concrete spillage, dust, paint, construction material etc. from
falling to private and public property.
4. All sand excavated from the property including sand from the western side of the
Coastal Construction Control Line ("CCCL") shall be cleaned and shall remain on the
beach for re -nourishment purposes in a location to be determined by Miami -Dade
County Regulatory and Economic Resources ("RER") (formerly Miami -Dade County
Department of Environmental Resources Management "DERM").
5. 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.
6. That the approved site plan approval shall remain valid for a period of 24 -months
from the date of this site plan modification approval. If no building permit is issued
within the 24 -month time period, the site plan modification shall be considered null
and void and of no force and effect.
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7. 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 14th day of Sep tuber 2 21.
Larisa Svechin, Mayor
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.1
ATTEST:
Mauri6io Bet0cur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Edward A. Dion, City Attorney
• -• by: iii - • •-• by: 6MM14m
Vote:
Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
V (Yes)
(Yes)
—7(Yes)
V7 (Yes)
(No)
_Z(No)
(No)
(No)
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