HomeMy WebLinkAboutZoning Resolution 21-Z-183RESOLUTION NO. 21-Z- r ? 3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION
APPLICATION (PZ2021-15) SUBMITTED BY A3 DEVELOPMENT, LLC,
FOR THE PROJECT ENTITLED "OFF-SITE PARKING GARAGE FOR
THE ESTATES AT ACQUALINA" TO DECREASE IN THE PARKING
COUNT FROM 473 PARKING SPACES TO 432 PARKING SPACES, TO
INCREASE THE OVERALL HEIGHT FROM 105 FEET -1/2 INCHES (8
STORIES) TO 106 FEET -3 9/16 INCHES (10 STORIES), TO DECREASE
THE REAR SETBACK FROM 15 FEET TO 5 FEET, TO DEFER THE
ARTS AND PUBLIC PLACES REQUIREMENT UNTIL AFTER SITE
PLAN APPROVAL BUT PRIOR TO ISSUANCE OF TEMPORARY
CERTIFICATE OF OCCUPANCY (TCO) OR CERTIFICATE OF
OCCUPANCY (CO), TO REVISE THE DEMOLITION AND
CONSTRUCTION STAGING AND TRAFFIC. MANAGEMENT PLAN,
AND TO USE TEMPORARY MURALS AND GRAPHICS ON A
TEMPORARY CONSTRUCTION FENCE; 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") is seeking approval to modify the
approved site plan pursuant to Resolution No. 20-Z-176, passed and adopted on January 16, 2020,
which consisted of an enclosed eight (8) story parking garage with 473 parking spaces; and
WHEREAS, the Applicant is seeking approval of a site plan modification to decrease the
parking count from 473 parking spaces to 432 parking spaces, to increase the overall height from
105 feet -1/2 inches (8 stories) to 106 feet -3 9/16 inches (10 stories), to decrease the rear setback
from 15 feet to 5 feet, to defer the Arts and Public Places requirement until after the site plan
approval but prior to issuance of Temporary Certificate of Occupancy (TCO) or Certificate of
Occupancy (CO), to revise the Demolition and Construction Staging and Traffic Management
plan, and to use temporary murals and graphics on a temporary construction fence; and
WHEREAS, specifically, the Applicant's site plan modification application requests the
following:
1. Pursuant to Sections §265-18 and §265-36 of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a modification to an approved site
plan for a decrease in the parking count from 473 parking spaces to 432 parking spaces, an
increase in overall height from 105 feet -1/2 inches (8 stories) to 106 feet -3 9/16 inches (10
stories), and a rear setback decrease from 15 feet to 5 feet.
2. 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).
21-Z Site Plan Mod Offsite Parking Garage for Acqualina Page 1 of 7
3. 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 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
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: 17941 Atlantic Boulevard
Folio: 31-2211-027-0020
WHEREAS, on October 21, 2021, 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 Development
Review Report; and
WHEREAS, the City Commission reviewed the application for site plan modification, 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 an approval 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 site plan modification application should be granted, subject
to the conditions described herein.
21-Z Site Plan Mod Offsite Parking Garage for Acqualina Page 2 of 7
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 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 of the approved site plan under Resolution No. 20-Z-176, adopted on
January 16, 2020 to:
decrease the parking count from 473 parking spaces to 432 parking spaces, to
increase the overall height from 105 feet -1/2 inches (8 stories) to 106 feet -3 9/16
inches (10 stories), to decrease the rear setback from 15 feet to 5 feet, to defer
the Arts and Public Places requirement until after the site plan approval but prior
to issuance of Temporary Certificate of Occupancy (TCO) or Certificate of
Occupancy (CO), to revise the Demolition and Construction Staging and
Traffic Management plan, and to use temporary murals and graphics on a
temporary construction fence,
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 modification of the approved site
plan under Resolution No. 20-Z-176, adopted on January 16, 2020, decrease the parking count
from 473 parking spaces to 432 parking spaces, to increase the overall height from 105 feet -1/2
inches (8 stories) to 106 feet -3 9/16 inches (10 stories), to decrease the rear setback from 15 feet
to 5 feet, to defer the Arts and Public Places requirement until after the site plan approval but prior
to issuance of Temporary Certificate of Occupancy (TCO) or Certificate of Occupancy (CO), to
revise the Demolition and Construction Staging and Traffic Management plan, and to use
temporary murals and graphics on a temporary construction fence, is hereby approved subject to
all conditions set forth in Section 4 below.
Rection 4_ Conditions_
I. Conditions to be completed before demolition, 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 September 28, 2021 consisting of 31 sheets;
Landscape Plans prepared by EDSA date stamped received September 28, 2021 consisting of
4 sheets; Boundary & Topographic Survey by Fortin, Leavy, Skiles, Inc. date stamped
September 28, 2021 consisting of 1 sheet; Civil Engineering Plans prepared by Thomas
Checca, P.E. date stamped received September 28, 2021 consisting of 7 sheets; and, the
Electrical Plans prepared by Walker Consultants, date stamped received September 28, 2021
consisting of 7 sheets. Plans are subject to revision -based comments provided by zoning staff
of the City of Sunny Isles Beach. Plans are subject to modification.
21-Z Site Plan Mod Offsite Parking Garage for Acqualina Page 3 of 7
(2) Upon the submittal of an application for building permit, the plans submitted shall meet with
the approval of 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. 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. 20-Z-176 passed and adopted January 16, 2020,
shall remain in effect.
(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) bus shelter easement (ii) an access
easement in order to create a six-foot wide uncovered pedestrian safe walkway connecting
Atlantic Boulevard to Collins Avenue (iii) a parking easement to accommodate four (4) public
parking spaces. The maintenance of these easements and parking areas shall be the
responsibility of the Applicant.
(5) A Miami -Dade County tree removal permit must be secured and attached to the landscape
permit application prior to demolition. A Miami -Dade County approval is needed for the
disposition of trees on Government Center.
(6) That the Applicant provides an updated Lighting/Photometric Plan, if any changes occur prior
to building permit. The lighting plan shall reflect the location of the lighting fixture within the
garage and provide accurate photometrics for the spillage through the facade openings.
(7) 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 Resolution
18-Z-165 approved and adopted April 19, 2018 and Resolution No. 19-Z-173 approved and
adopted on November 21, 2019 and Resolution No. 21-Z-180 passed and adopted May 20th,
2021 shall remain in effect.
(8) That the Applicant shall enter into an agreement with the City of Sunny Isles Beach for the
temporary use of the City property located at 18070 Collins Avenue, for the solely purpose of
temporary staging construction activities.
(9) That the Applicant shall submit an updated Demolition and Construction Staging and Traffic
Management Plan, before commencing any construction activity, the staging plan shall provide
detailed information regarding the start and end date of construction, schedule of activities
such as, parking arrangements, lane closures, sidewalk closures, and any other required activity
that may provoke an impact at the surrounding areas to the site. The Applicant shall provide 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. from falling to private and public property. No construction activity, including
the staging of trucks and material, shall impact the daily operations of the Bank of America
and shall not block the daily usage of the eastern existing parking spaces or drive through
21-Z Site Plan Mod Offsite Parking Garage for Acqualina Page 4 of 7
entrance. The staging plan should be approved administratively by the City Manager or
designee.
(10) That the Applicant shall enter into an easement agreement for about 500 square feet of area
with the City for the use and the installation of a communication antenna on the roof of the
project, specifically for police communication. All equipment and access shall be provided to
operate and maintain such installations.
(11) 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.
(12) That the Applicant shall address comments provided by City's Engineering Consultant per the
memo dated October 5th, 2021. The City Manager or his designee shall review and provide
additional comments if necessary.
(13) That the Applicant shall address comments provided by City's Traffic Consultant per the
forthcoming memo. The City Manager or his designee shall review and provide additional
comments if necessary.
11. Other Conditions:
(1) That the Applicant shall submit an updated Demolition and Construction Staging and Traffic
Management Plan, before commencing any construction activity, the staging plan shall provide
detailed information regarding the start and end date of construction, schedule of activities
such as, parking arrangements, lane closures, sidewalk closures, and any other required activity
that may provoke an impact at the surrounding areas to the site. The Applicant shall provide 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. from falling to private and public property. No construction activity, including
the staging of trucks and material, shall impact the daily operations of the Bank of America
and shall not block the daily usage of the eastern existing parking spaces or drive through
entrance. The staging plan should be approved administratively by the City Manager or
designee.
(2) 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.
(3) If approved, and the Applicant opts to contribute to the Arts in Public Places Program, 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
21-Z Site Plan Mod Offsite Parking Garage for Acqualina Page 5 of 7
contribution, the Applicant is encouraged to pay I% of construction or reconstruction costs, or
the sum of $500,000.00, whichever is less, to the Public Art Fund prior to TCO.
(4) 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.
(5) 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 coordinate with
the City's undergrounding project for any scheduling and any conflicts.
(6) 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.
(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.
21-Z Site Plan Mod Offsite Parking Garage for Acqualina Page 6 of 7
PASSED AND ADOPTED this 21" day of October 2021.
C� Lcno'v'o
ATTEST:, APPROVED AS TO FORM
AND LE SUF ICIENCY:
MaAriA B ancur, CMC, City Clerk Edward A. Dion, City Attorney
Moved by: &MMI.„,,., /� Z4VA Seconded by:
/55/D/� ,
Y u/���� - &HW
Vote:
Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
(Yes) (No)
(Yes) (No)
(Yes) (No)
�(N
(Yes) o)
21-Z Site Plan Mod Offsite Parking Garage for Acqualina Page 7 of
City Commission
Lariso Svechin
Moyor
Jerry Joseph
Vice Mayor
Alex Lama
Commissioner
Fobiola Stuyvesont
Commissioner
Jeniffer Viscarro
Commissioner
Stan Morris
City Morwger
Mouricio Betancur
City Clerk, CMC
r/ry OF SUN ""-
March 13, 2023
Estates at Acqualina
Attention: Jules Trump
17885 Collins Avenue
Sunny Isles Beach, Florida 33160
Re: Use of the 17941 Atlantic Boulevard Parking Garage
Dear Mr. Trump:
Your request to utilize the parking garage at 17941 Atlantic
Boulevard for valet for the restaurant and day visits during evening and
weekend hours is granted. Due to safety concerns and traffic congestion,
at time of approval it was agreed that the garage would be used for long
term parking to keep the daily trips numbers down in the traffic report.
Based upon the reasoning that the restaurant operates primarily in
the evenings and on weekends when school is not in session, the number
of trips is more manageable during those times. As a result, your request is
granted. However, if we find the increased traffic flow unmanageable, we
reserve the right to revert to the original agreement.
Sincerely,
Stan Morris
City Manager
cc: Susan Simpson, Deputy City Manager
Amy Canales, Planning and Zoning Director
Office of the City Clerk