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HomeMy WebLinkAboutZoning Resolution 23-Z-197RESOLUTION NO. 234-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2023-03) SUBMITTED BY 252 SUNNY ISLES BLVD CU2 LLC FOR THE PROJECT ENTITLED "ST. TROPEZ SHOPS" TO CHANGE THE LOCATION OF BUILDING SIGNAGE TO THE SOUTH FACADE OF THE BUILDING AND DIRECTIONAL SIGNAGE PROXIMATE TO THE BAYWALK; 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, 252 Sunny Isles Blvd CU2 LLC (the "Applicant") is seeking approval of a Site Plan Modification (PZ2023-03) to modify the approved site plan for the St. Tropez Shops project which was approved by the City of Sunny Isles Beach ("City") pursuant to Resolution No. 5-Z-91 passed and adopted!?i ZZ� )wand WHEREAS, the Applicant's site plan modification 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 Modification to an approved site plan for a change to the location of building signage to the south fagade of the building and directional signage proximate to the baywalk. Legal Description: UNIT NO. 3 -CU -2, OF ST. TROPEZ ON THE BAY III, A CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 27838, PAGE 3336, AND ALL EXHIBITS AND AMENDMENTS THEREOF, OF THE PUBLIC RECORDS OF MIAMI, DADE COUNTY, FLORIDA. AS PART OF: LOT 31 AND 32 AND ISLANDS 31 AND 32 OF SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 50, PAGE 76 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LOT 34 AND ISLAND 34, SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 50, PAGE 76 OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. LOT 33 AND ISLAND 33 REVISED PLAT OF BELLA VISTA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 50, PAGE 76 OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. Address: 150-250 Sunny Isles Blvd. 252 Sunny Isles Blvd., 3 -CU -2 Folio: 31-2214-041-0001 (Reference) 31-2214-041-1000 (Unit) WHEREAS, on June 15, 2023, 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 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 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. 5-Z-91, adopted on , to change to the location of building signage to the south fagade of the building and directional signage proximate to the baywalk, 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. 5-Z-91, adopted on� to change to the location of building signage to the south facade of the building and directional signage proximate to the baywalk, is hereby approved subject to all conditions set forth in Section 4 below. Section 4. Conditions. A. That the plans in the approval be substantially in accordance with that submitted for public hearing, which are entitled "Illuminated Sign 3D Brush Aluminum Sign," prepared by Artex Design Signs & Graphics, stamped received May 23, 2023, consisting of 3 sheets. Plans are subject to revisions -based comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. B. 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 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 another approval of the City Commission. C. Upon the submittal of an application for a building permit, the City will only issue a building permit for this proposed project following written approval from the St. Tropez on the Bay III Condominium Association. D. That 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. E. That the approved site 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. F. 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, THE 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 provision 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 9(ffective upon,idoption. PASSED AND ADOPTED this 151h dab of June risa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:4"� Seconded by: IIIQ, �/" :M2E]�4 Vote: Mayor Svechin (Yes) (No) Vice Mayor Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) PLO FAY 4F 6'Ph h{A TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305)949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Stan Morris, City Manager Amy Canales, Planning and Zoning Director June 15, 2023 St. Tropez Tenant Signage: Site Plan Modification, Uniform Sign Plar Amendment and Sign Ordinance Variances RECOMMENDATION: Staff has compiled the relevant facts, presented in the attached staff report, and recommends the application be presented to City Commission for consideration. REASONS: The Applicant, owner of the business East of Collins, proposes to install a new wall sign on the southern fagade of the St. Tropez development and directional signage for their ground floor commercial unit with frontage on the canal. To allow the proposed installation and design, the Applicant has submitted applications for a Site Plan Modification, uniform sign plan amendment and sign ordinance variances for the St. Tropez development located at 150-250 Sunny Isles Beach Blvd.The St. Tropez project approval in 2005 allowed signage on the north facade, facing Sunny Isles Blvd. The Applicant proposes additiona storefront signage for their commercial unit on the south facade of the building, facing the canal. The Uniform Sign Plan for St. Tropez was approved in 2017 for the storefront signage facing Sunny Isle: Blvd., which is the black, illuminated cabinet style signs that are on the building today. The Applicant proposes an amendment to the Uniform Sign Plan to allow the storefront sign on the south facade of the building with a new style of fabrication (back -lit channel letters). Finally, the proposed tenant signage requires three sign ordinance variances to increase the allowable size of a wall sign from 35 Item Number: 6.0 68 square feet to 61.1 square feet, increase the allowable size of a logo on a wall sign from 10% to 66.5% of the text area, and to allow a uniform sign plan to have multiple types of illumination, material and fabrication. ATTACHMENTS: Staff Report Application Packet Letter of Intent Proposed Plans Public Hearing Notice Item Number: 6.0 69