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HomeMy WebLinkAboutZoning Resolution 23-Z-198RESOLUTION NO. 23 -Z - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE APPLICATION FOR VARIANCE (APPLICATION NO. PZ2023-03) SUBMITTED BY 252 SUNNY ISLES BLVD CU2 LLC (THE "APPLICANT") TO ALLOW THREE (3) VARIANCES FROM THE REQUIREMENTS OF §265-63.1 OF THE CITY'S LAND DEVELOPMENT REGULATIONS: (1) A VARIANCE TO INCREASE THE ALLOWABLE SIZE OF A WALL SIGN FROM 35 SQUARE FEET TO 61.4 SQUARE FEET; (2) A VARIANCE INCREASING THE ALLOWABLE SIZE OF THE LOGO ON A WALL SIGN FROM 10% TO 66.5% OF TEXT AREA; AND (3) A VARIANCE ALLOWING A UNIFORM SIGN PLAN TO HAVE MULTIPLE TYPES OF ILLUMINATION, MATERIAL, AND FABRICATION, AT THE PROPERTY LOCATED AT 150-250 SUNNY ISLES BLVD, 252 SUNNY ISLES BLVD, 3 -CU -2, SUNNY ISLES BEACH, FL 33160; 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 Beach CU2 LLC (the "Applicant") submitted a zoning variance application, numbered PZ2023-03 (the "Application"), to the City of Sunny Isles Beach, Florida ("City") requesting the following: a. Pursuant to Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a sign ordinance variance to increase the allowable size of a wall sign from 35 square feet to 61.4 square feet; b. Pursuant to Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a sign ordinance variance to increase the allowable size of the logo on a wall sign from 10% to 66.5% of text area; and c. Pursuant to Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a sign ordinance variance to allow a uniform sign plan to have multiple types of illumination, material, and fabrication. LEGAL: 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., Sunny Isles Beach, FL 33160 252 Sunny Isles Blvd., 3 -CU -2, Sunny Isles Beach, FL 33160 WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the matter and to the information contained in the City's Development Services Department Development Review Report; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, on June 15, 2023, the City Commission conducted a public hearing on the Application; and WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Development Services Department and finds that the Application meets the criteria for variance under the Land Development Regulations and the Comprehensive Master Plan of the City. 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 for a variance under the Land Development Regulations and the Comprehensive Master Plan of the City, the City Commission makes the following findings and conclusions: The application for variance approval seeking the following three (3) variances: a. a sign ordinance variance to increase the allowable size of a wall sign from 35 square feet to 61.4 square feet; b. a sign ordinance variance to increase the allowable size of the logo on a wall sign from 10% to 66.5% of text area; and c. a sign ordinance variance to allow a uniform sign plan to have multiple types of illumination, material, and fabrication. is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations. Section 3. Approval. The Applicant's request for approval of the following three (3) variances: a. a sign ordinance variance to increase the allowable size of a wall sign from 35 square feet to 61.4 square feet; b. a sign ordinance variance to increase the allowable size of the logo on a wall sign from 10% to 66.5% of text area; and c. a sign ordinance variance to allow a uniform sign plan to have multiple types of illumination, material, and fabrication. is hereby APPROVED, subject to the following conditions: 1. 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 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 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 Applicants shall be required to obtain another approval of the City Commission. 3. 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. 4. 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. 5. 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. 6. That the Applicants comply with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. Section 4. Authorization of City Manager, The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. 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 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and are hereby repealed. Section 7. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15111 day of e 202 Larisa Svechin, Mayor ATTEST: APPROVED AS TO FORM AND L SUFFICIENCY: G Mauri'c o'Betancur, MC, City Clerk Alain E. Boileau for Nabors, Giblin U & Nickerson, P.A., City Attorney Moved by: f �¢ Vmif"-7,/Im Seconded by: ,� ✓y ✓` Vote: Mayor Svechin Z(Yes) (No) Vice Mayor Joseph (Yes) — (No) Commissioner Lama/(Yes) _ (No) Commissioner Stuyvesant ✓�, (Yes) (No) Commissioner Viscarra (/� (Yes) _ (No) PZ2023-03 j�0 FL0 C'TY OF SUN P�� CITY OF SUNNY ISLES BEACH STAFF REPORT ST. TROPEZ SIGNAGE SITE PLAN MODIFICATION, UNIFORM SIGN PLAN AMENDMENT, SIGN ORDINANCE VARIANCES I. APPLICATION SUMMARY Application Number: PZ2023-03 Application Summary: The Applicant, owner of the business East of Collins, proposes to install a new wall sign on the southern facade of the St. Tropez development and directional signage for their ground floor commercial unit with frontage on the canal. Applicant/Owner: II. SITE INFORMATION Location: Property Size: Commercial Unit Area Folio: To permit 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 Site Plan Modification proposes to change the previously approved location of signage. The amendment to the St. Tropez uniform sign plan will change the location and sign type of signage previously approved. The sign ordinance variances will increase the allowable size of a wall sign, increase the allowable size of a logo on a sign subject to a uniform sign plan and allow multiple types of material and fabrication within a uniform sign plan. 252 Sunny Isles Blvd CU2 LLC 202 Sunny Isles Blvd #6 Sunny Isles Beach, FL 33160 ATTN: Carmin Tillit 150-250 Sunny Isles Blvd. 252 Sunny Isles Blvd., 3 -CU -2 126,380 sq. ft. (2.90 acres) 5,454 sq. ft. 31-2214-041-0001 (Reference) Page 1 of 8 70 PZ2023-03 31-2214-041-1000 (Unit) Legal Descriptions: 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. Future Land Use: Mixed Use — Business, Town Center South Overlay Mixed Use — Business is intended to provided services primarily for surrounding residential areas, neighboring communities and visitor populations within the City in an environment oriented to the pedestrian and adjacent public street frontages. The Town Center is encouraged to become the hub for future urban development intensification around which a more compact and efficient urban structure will evolve. The Town Center South Overlay has a base density of 75 dwelling units per acre and base FAR of 3.5. Additional density and intensity may be permitted for developments that comply with the TDRs and bonus program requirements in compliance with the City's LDRs. In no event shall the FAR intensity in the Town Center South Overlay exceed 5.20. Zoning District: Town Center District (TCD) The intent of this district is to foster land assemblage into development sites of greater than three acres in size to promote integrated mixed-use development; improved site and architectural design that promotes safe and active pedestrian environments; interrelated and compatible land uses that encourage regionally oriented business and Page 2 of 8 71 PZ2023-03 activities serving the City of Sunny Isles Beach, tourist populations and surrounding communities; and the restriction of those uses and development patterns that are in conflict with these policies and objectives. History: Initial approval of the St. Tropez mixed-use development was pursuant to Resolution 05-Z-91 for three condominium towers with a total of 283 dwelling units, a parking garage and ground floor commercial space. The St. Tropez uniform sign plan was adopted in 2017 pursuant to Resolution 2017-2687 for storefront signage facing Sunny Isles Beach Blvd. The Applicant currently leases a commercial unit on the ground floor of the St. Tropez project with frontage onto Sunny Isles Beach Blvd. The Applicant has purchased a ground floor commercial unit in the rear of the development, facing the canal waterway and the Oceania IV and V condominiums. Adjacent Properties: III. REQUESTS The Applicant has purchased a commercial unit on the ground floor of the St. Tropez development and is currently building out the interior space. The following requests will enable the Applicant to install a wall sign above the commercial unit storefront and directional signage: 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 to change the location of building signage. The request includes new tenant signage on the south facade of the building and directional signage proximate to the baywalk. 2. Amend Resolution 2017-2687 to approve St. Tropez Shops Uniform Sign Plan to include the signage on the southern facade. Page 3 of 8 72 Existing Land Use Zoning Future Land Use Ma North Recreation — Gateway ROS Recreation — Open Space Center East Mixed-use office — St. Tropez TCD Mixed Use — Business, Town development Center South Overlay Canal and high-rise South residential — Oceania IV and RMF -2 Water and Medium to High V Condominiums Density Residential West Mixed-use residential — TCD Mixed Use — Business, Town Par ue Towers Center South Overlay III. REQUESTS The Applicant has purchased a commercial unit on the ground floor of the St. Tropez development and is currently building out the interior space. The following requests will enable the Applicant to install a wall sign above the commercial unit storefront and directional signage: 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 to change the location of building signage. The request includes new tenant signage on the south facade of the building and directional signage proximate to the baywalk. 2. Amend Resolution 2017-2687 to approve St. Tropez Shops Uniform Sign Plan to include the signage on the southern facade. Page 3 of 8 72 PZ2023-03 3. Pursuant to Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a sign ordinance variance to increase the allowable size of a wall sign from 35 sq. ft. to 61.4 sq. ft. 4. Pursuant to Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a sign ordinance variance to increase the allowable size of the logo on a wall sign from 10% to 66.5% of text area. 5. Pursuant to Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a sign ordinance variance to allow a uniform sign plan to have multiple types of illumination, material, and fabrication. IV. PLANNING REVIEW: The following Comprehensive Plan policies are being met through this project: 14B. The Future Land Use Map shall identify all non-residential land as one of the following non-residential or mixed-use categories with the following characteristics and limitations as set forth in Policy 15C: Mixed Use — Business This commercial land use category is intended to provide services primarily for surrounding residential areas, neighboring communities and visitor populations within Sunny Isles Beach in an environment oriented to the pedestrian and adjacent public street frontages. Accommodated are a broad range of retail and business services, professional services, hotel, commercial and professional offices, medical buildings, entertainment, cultural facilities, public and private schools, amusements and commercial recreation establishments... Within structures, vertical mixes of residential with office and retail are encouraged to further integrate the uses. A balanced mix of primary uses including retail, office and residential should be provided within developments greater than 3 acres in size by committing not more than 70% of a project gross floor area ratio (FAR) to any one of the three uses. Diverse and innovative architectural designs and site plans are encouraged to provide visual diversity and environmental interest to create a unique sense of place and identity... Development sites with waterfront access along 167th Street are required to provide a pedestrian orientation and associated terrace, plaza and courtyard amenities to extend active uses continuously along the water's edge... [Abbreviated for clarity] Comment: With the proposed modification to the development's signage, the St. Tropez project is still consistent with the intent and purpose of the Mixed Use — Business future land use. Page 4 of 8 73 PZ2023-03 Town Center The Town Center designation is a planned development district, also known as an overlay land use, that encompasses both underlying commercial and residential land use categories in the Future Land Use Map... The Town Center is encouraged to become the hub for future urban development intensification around which a more compact and efficient urban structure will evolve... It is a primary objective of the Town Center to foster a regionally competitive business and activity center for cultural activities and entertainment, visitor services, dining, financial services, specialty goods and services, professional office and niche businesses serving the North Dade and Broward County Areas.... The Town Center is divided into two overlay development districts, the Town Center North and Town Center South Overlays, as depicted on the Future Land Use Map... [Abbreviated for clarity] Comment: With the proposed modification to the development's signage, the St. Tropez project is still consistent with the intent and purpose of the Town Center future land use overlay. V. ZONING REVIEW The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Illuminated Sign 3D Brush Aluminum Sign," prepared by Artex Design Signs & Graphics stamped received May 23, 2023, consisting of three sheets. 1. The following is a review of the relevant Land Development Regulations for installation of the wall sign above the storefront and directional signage: Sec. 265-58.J. Uniform sign plan. All signs in multitenant projects shall be subject to a uniform sign plan and shall comply with the following: (1) All signs mounted to a building shall be uniform in terms of illumination, material, fabrication and sign area. Comment: The St. Tropez uniform sign plan allows illuminated box signs with cutout letters. The proposed sign will utilize backlit channel letters. This is a different style of illumination, material, fabrication and sign than the previously approved uniform sign plan. Variance requested. (2) All lettering on signs shall be comprised of not more than one font style, except for registered trade or service marks. Logos shall comprise no more than 10% of text area. Page 5 of 8 74 PZ2023-03 Comment: Proposed lettering is a trademarked font. The logo on the proposed sign is 66.5% of the text area. Variance requested. (3) The sign plan shall be limited to no more than one color that is consistent with the surrounding architectural standards. Comment: Colors of proposed sign are black. Complies. (4) Maximum number.• one per storefront. Corner or through stores shall comply with § 265-56A and B. Comment: One sign is proposed for the commercial unit. Complies. (5) Maximum area: The requirement set forth in § 265-56B(3) shall apply. Comment: Maximum sign area is 35 sq. ft. and Applicant proposed 61.1 sq. ft. Variance requested. (6) Text shall be limited to business' trade name or franchise name and may include main product or service or alternative language text in English if sign is in a foreign language. Comment: Proposed sign includes the business name and logo. Complies. (7) Box signs: permitted only on awnings and must be flush with the awning. Comment: Not applicable (8) Sign plan shall be approved by the City Commission. Comment: Amendment to the approved uniform sign plan is presented to Commission for consideration 2. The following are the standards of review for a sign ordinance variance from code Sec. 265-63.1.C.: Review by the City Commission. The application for a variance may be granted if the City Commission finds: (1) The variance is not contrary to the public interest; (2) Special conditions and circumstances do not result from actions of the applicant; (3) A literal enforcement of the provisions of this chapter may result in unnecessary hardship. Page 6 of 8 75 PZ2023-03 Comments: See attached Letter of Intent from the Applicant and final analysis below provided by staff. VI. FINAL ANALYSIS To allow the proposed signage, the City must consider the location of the sign and the design of the sign. To allow the location, the site plan modification and uniform sign plan amendment must be approved. The proposal for the location is consistent with the Comprehensive Plan and Land Development Regulations. Notably, the Land Development Regulations do not prohibit waterfront signage. The proposed sign is facing the canal waterway and the Oceania IV and V condominiums. To allow the proposed design of the sign, the uniform sign plan amendment and three sign ordinance variances must be approved. As stated in sign ordinance purpose and intent code Sec. 265-50.8.(2), these regulations "promote positive conditions for sign communication enabling the identification of residences and business but limiting the size and number of signs and sign messages to a minimum reasonably necessary while, at the same time, avoiding nuisances to nearby properties and promoting an attractive environment and lessening visual clutter." The City's sign ordinance establishes a maximum wall sign area of 35 sq. ft. The proposed variance to increase the size of the wall sign to 61.1 sq. ft. conflicts with the purpose and intent of creating an attractive environment and lessening visual clutter. The subject property does not have a special condition or circumstance to justify the increased wall sign size, increased logo size or additional type of material and fabrication in a uniform sign plan. A literal enforcement of the provisions of the sign ordinance would allow the storefront to have signage, at a smaller scale than currently proposed. Staff has compiled the relevant facts of the requested site plan modification, uniform sign plan amendment and sign ordinance variances and recommends the application be presented to City Commission for consideration. VII. CONDITIONS If the City approves this application, the application will be subject to the following conditions set forth in Section VII. 1. 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 three sheets. Plans are subject to revisions -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 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. Page 7 of 8 76 PZ2023-03 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. 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. 4. 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. 5. 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. 6. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. (END) Page 8 of 8 77 FX L. %a IIS I v 16 - v O�.SVt4NY iso, PUBLIC HEA UNG MICR 3 1 2023 r 22023 — 03 PLANNING & ZONING DEPT. T� of svN r o City of Sunny isles Beach, FL LIGATION Hearing # Date Received Folio Number 31-2214-041-1000 I. Proposed Project Name: Exterior Installation of Sign for Commercial Unit 2. Name of Applicant 252 SUNNY ISLES BLVD CU2 LLC a. If applicant is the owner, give name exactly as recorded on deed. b. If applicant is lessee, attach copy of valid lease of one (1) year or more and Property Owners Sworn -to -Consent. c. If applicant is a corporation, partnership, limited partnership, or trustee, a separate Disclosure of Interest form must be completed. Applicant Mailing Address 202 .Sunny Isles Blvd #6 City SUNNY 1.1;1 FS RFACH State, ElLORIDA Zip 33160 Tel. # (during working hours) e-mail carmin eastofcollins.eom 4. Name of Property Owner 252 SUNNY ISLES BLVD C1 J2 LLC Mailing Address City SUNNY ISLES REACHState FLORIDA Zip 33160 Tel. # (during working hours) e-mail car m00-eastofcollins. com 5. Contact Person CARMIN TILLIT Mailing Address 202 Sunny Isles Blvd #6 City SUNNY ISLES BEACH State FLORIDA Zip 33160 Tel. #(during working hours) 754-423-6283 ____P -mail carmln@east.ofcollins.com 6. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION a. if subdivided, provide lot, block, complete name of subdivision, plat book and page number. b. if metes and bounds description, provide complete legal description (including section, township and range). c. it separate request apply to different areas, provide the legal description of each area covered by a separate request. d.attach a separate, typed sheet if necessary. Verify the legal description is correct. Unit No. 3 -CU -2, of St. Tropez on the Bay lh,_a Condominium according to the D ..la ation of Condominium recorded in Official Records Book 27838, Page 3336, Parcel Identification Number: 31-2214-041-1000. UNDIV 3.2775 INT IN COMMON ELEMENTS. 1118 STORE: CONDOMINIUM - COMMERCIAL Address or location of subject property: 252 SUNNY ISLES BLVD. 3 -CU -2. SUNNY ISLES BEACH. FL 33160 8. Size of property: 5500 SQFT ft. x NA ft.. acres NA City of Sunny Isles Beach Public Hearing Application Package Page 4 of 30 78 9. Date subject property acquiredXor leased 0 20th day of MAY 2022 term of lease NA years/months. 10. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If lengthy, please type on a sheet labeled "Contiguous Property". NO 11. Is there an option to purchase Dor lease 0 the subject property or property contiguous thereto? 0 Yes or XNo If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also). 12. Present zoning classification (s): TOWN CENTER DISTRICT (TCD) 13. REQUEST (S) COVERED UNDER THIS APPLICATION: Please check the appropriate box and give a brief description of the nature of the request in the space provided: ❑ Comprehensive Plan Amendment ❑ District Boundary Change (s) ❑ Site. Plan Approval ❑ Conditional Use variance p Plat Approval Ei Transfer Development Rights • Vested Rights ❑ Appeals VOther: Uniform Sign Plan Amendment & Site Plan Modification 14. Has a public hearing been held on this property within the, last year and a halt'? ❑ yes Vno If yes, applicants name Date of hearing Nature of hearing_ Decision of hearing_ Resolution # City of Sunny Isles Beach Public Hearing Application Package Page 5 of 30 79 15, Is this hearing being requested as,a result of violation notice? o yes X no If yes, give name to which violation notice was served Nature of violat 16. Are there any existing structures on the property? )/yes o no. If yes, briefly describe Condominium - Commericial - Retail - Residential 17. Is there any existing; use on the property? )/yes o no If yes, what is the use and when was it established? Use Condnminlllm - CnmmPririal - Reil - Residential Established_ 2010 City of Sunny Isles Beach Public Hearing Application Package Page 6 of 30 80 OWNERSHIP AFFIDAVIT FOR LIMITED LIABILITY COMPANY STATE OF FLORIDA Public Fearing No. COUNTY OF MIAMI RADE Before me, the undersigned authority, personally appeared CARMIN TILLIT - AMBR hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: Affiant is the manager, or managing member of the 252 SUNNY ISLES BLVD CU2 LLC Limited Liability Company with the following address: 252 SUNNY ISLES BLVD 3 -CU -2, SUNNY ISLES BEACH, FL 33160 2. The Limited Liability Company owns or lease (circle one) the property, which is the subject of the proposed hearing. 3. The subject property is legally described as: 4. Affiant is legally authorized to file this application for public hearing: s. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing. G. Affiant understands that the matters attached to and made part of the application are honest and true to the best of my knowledge and belief. I understand this applicatio must be complete and accurate before the application can be submitted and the ng advertized. f Witnesses: sire Signature Oxana Besedina A�%,/JQPra, Nei euu�„ ,1I Signature Chole Pinkston Print Name Sworn to and su 1 before me on theta clay of Affiant is p all .know me or has produced Identification. Commission Expires: / City of Sunny Isles Beach Public Hearing Application Package Print Name 20�, MY COMMISSION # HH 172105 EXPIRES: September 1, 2025 Banded ihru Notary public UndeWteis Page 10 of 30 81 DISCLOSURE OF INTEREST If the prope vhich is the subject of' the application is owned or leased by a CORPORATION, list the principal kholders and principal officers or stockholders consist of another corporation (s); trustee (s), partner (s) or other similar entities, further disclosures shall be required which disclosures the identity of individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). Corporation N Percentage of Stock If the property which is the subject of the application is owned or leased by a LIMITED LIABILITY COMPANY list the members or stockholders consist of another corporation (s), trustee (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). 252 SUNNY ISLES BLVD E:U2 L C LLC Name Name, Address and Office Percentage of Stock CARMIN TILLIT -AMBR -202 Sunny Isles Blvd. Ste. 6, Sunny Isles Beach, FL $3160 -50% JEEVAN B. TILLIT • AMBR -202 Sunny Islas Blvd. Ste. 6, Sunny Isles Beach, FL 33160 50% City of Sunny Isles Beach Public Hearing Application Package Page 14 of 00 82 If any contingency clause if a corporation, partnersh if applicable) Percentaae of Interest list all individuals or officers. For any changes of ownership or changes in contracts for purchase subseque-hquo the date of the application, but prior to the (late of final public hearing, a supplemental disclosure interest shall be filed. ... .......... ........................................ ................................. A...................... The above is a full disclosure of all parties of interest�il t�Plicaflon tott�ej`�e ff f my knowledge and belief. I I (Appli Sworn to and subscribed before me. This e _day Notary Public, S rida at Large My Commission Expires: q l 2 Z5 ...ulwl o. L-I!d ANASTASIAKHODUABYANMY COMMISSION # HH 172105EXPIRES: September 1, 2025f F;g"` 9onded Thru Notary Public Undenvritors a " Disclosure shall not be required of any entity; the equity interest is which are regularly traded on an established securities market in the United States or other country; or any entity, the ownership interest of which are held in a limited partnership consisting of more than 5,000 separate interest and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership. Public Nearing No: City of Sunny Isles Beach Public Hearing Application Package AMBR Page 16 of 30 a CONDOMINIUM ASSffCIATIO nit Address: This letter serves to confirm that: East of Collins RECEIVEE C MAR 3 ? 2.023 LZ z O -O PLANNING & ZONING DE ___.City of Sunny Isles Beach, FL 252 Sunny Isles Blvd Unit #3-CU2 Sunny Isles Beach FL, 33160 Has submitted proper documentation and have been approved by the St. Tropez Condominium Association. East of Collins will be doing the following work: Applying for a Uniform site plan Modification as it relates only to the "signage" with 198" length and 44" height that they are proposing for their storefront located on the south side of the building facade immediately above the stairs entrance. Should you require any further information, please contact the Management Office at 786-629-6600 or e-mail me at: Gfelice@kwpmc.com Sincerely, Giuliana'Mic'e,ttAM General Manager St. Tropez on the Bay Condominium — .- d-1 143 ,zlz of Directors, ,vr' ANASTASIA KHODZHABYAN .1611 MY COMMISSION # HH 172105 EXPIRES: September 1, 2025 Bonded Thru Notary Public Underwriters 84 RECEIVED PROPERTY OWNER'S SWORN -TO -CONSENT PZ2023-03 PERMITTING CONDOMINIUM UNIT OWNER TO FILE FOR HEARING Ma 23 2023 'ttx PLANNING & ZONING DEPT.a���� On behalf of �� •'��� � �� —P-"I_\VM C--rJOMWProperty owner of the property which is inclusive of the condominium unit or parcel legally described below, and which is the subject of the proposed hearing, does hereby grant consent to -25A a M4 %'JP Cut , as condominium unit owner, to file this application for a public hearing. L -LC. - Legal Description: �Np R-E�f 3i:u-R 'vtSl �Li So—bio 29 e "PCP -T 1 g -i C MCA- OC"'2a t`�3U -3'�(o t, a4�) 31 - 22A -091 C4 TozT r`Z. c*-� 1T -E ?f t1'T C'JW 1.C% S- 1 ZI '9& abec 4; I^ f 22.7$. 004.0200 o r -12.P-103 - oO M 12 0� 6, Witnesses: Signature Gni ✓lbtUR : et IQ Print Name ignature skwaw T///'� Print Name r Owner's^ Signature h leqeAw Print NadV Sworn to and subscribed before me on the J9 day of , 20 oG -J Affiantispersonally known to me or has produced as identification. MY COMMISSION # HH 172105 EXPIRES: September 1, 2025 Bonded Thru No4q Pubk Undwmhrs Commission Expires: 9' 7 -aWdiv City of Sunny Isles Beach Planning and Zoning Department 85 Letter of Intent for Modification to Uniform Site Plan 5/22/23 Dear City of Sunny Isles, \S LIES RECEIVED PZ2023-03 5/23/23 PLANNING & ZONING DEPT. I am writing to express my intent to apply for a Uniform Site Plan modification to include my commercial unit's signage as part of the existing Uniform Site Plan approval. Additionally, I will be seeking variances related to Illumination, Material, Fabrication, Sign Area, and the requirement that logos comprise no more than 10% of the text area. _it_has _become evident that the previous uniform site plan ._approv_al_process did_ not adequately consider____ the challenges and requirements specific to the sole commercial space on the south side of the building. Unfortunately, this oversight has now resulted in the individual commercial unit owner having to modify the uniform siteplan which is for the whole property and in turn resulted in a significant financial burden and added complexity to the process of obtaining a sign permit. The additional steps and costs involved in obtaining a sign permit have added significant strain to our resources. We are confronted with a unique challenge of creating a design that not only meets the necessary regulations but also enhances the visual appeal of the building and maintains harmony with its surroundings. We understand the importance of a proportional and aesthetically pleasing signage solution. The stark contrast between the current unsightly signage and our proposed elegant design is quite striking. On the north side of the building, the existing signage is a large, bulky, and brightly illuminated box, accompanied by channel letters that are lit from the front. In direct juxtaposition, our proposed sign exudes sophistication and simplicity. It will consist of a thin, plain matte black logo directly affixed to the building's facade, with the letters tastefully backlit. Unlike the current signage, our design does away with the need for an enclosure box, allowing the sleek and refined aesthetic of the building to shine through. The result will be a harmonious integration of the signage with the architectural features, enhancing the overall visual appeal of the building. By seeking these variances, we aim to rectify the omission in the previous site plan approval and alleviate the hardship placed upon us. It is crucial to emphasize that our intent is not to deviate arbitrarily from the regulations but to address the specific challenges we face as the sole commercial unit on the south side of the building. The variances we seek will enable us to overcome these challenges, ensuring that our signage design is proportional with the building features and blends seamlessly and harmoniously with the surrounding area. Our Uniform Site plan Modification is to include the following signage for Unit CU2 in Tower 3: 1) Main Sign on Building Facade 2) Directional Signage on side of building/bay walk 86 Variances requested: A) Increase allowable sign area from 35 SQ Ft to 61.3 Sq Ft B) Increase the allowable logo size from 10% to 66.5% C) Allowing additional material and fabrication in a uniform sign plan In addressing the three points related to the variance code Sec. 265-63.1: (1) The variance is not contrary to the public interest: Granting these variances will not only rectify the omission in the previously approved site plan approval, but also the public interest by allowing the sole signage on the south facade of the building to - -. _. — -- have a signage solution that integrates well with the overall aesthetics of the building and surrounding area. It will contribute to the visual appeal and economic growth of the community. (2) Special conditions and circumstances do not result from actions of the applicant: It is important to note that the building in question was designed and constructed with the intent of having only one commercial unit on the south side of the building. This configuration predates the applicant's ownership of the property. The circumstances and challenges we face in obtaining the variances arise from the original building design and the fact that the applicant had no influence on the development process. The previous uniform site plan was presented and approved without any input or involvement from the applicant. (3) A literal enforcement of the provisions of this chapter may result in unnecessary hardship: Enforcing the existing regulations without considering the unique circumstances of our commercial space would create an unnecessary hardship. The variances we seek are essential to overcome this hardship and design a signage solution that meets the requirements while ensuring a visually harmonious and integrated appearance. In conclusion, I respectfully request that my application for a Uniform Site Plan modification and the variances related to Illumination, Material, Fabrication, Sign Area, and the logo size requirement be considered favorably. Granting these variances will rectify the previous omission, address the challenges faced by the only commercial unit on the south side of the building, and contribute to a visually appealing and harmonious environment. Thank you for your understanding and consideration. Sincerely, Jeevay�- i lit, Member 252 Sunny Isles Blvd CU2, LLC 87 Q a �P,O H W '11l/ > cy) A zz o a r — w W M N C14 Cy O O N ,Lu04 Nns N z W z g 0 3 O 0 04 Ia '-' o-4 �. cq LO M :. 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O `m o wm D S E' o , °m �s q O o O m= a c am a g'm pm a° m 4 `o u u r mo aY 5 y c 0 m tm„3000 a m„ � ma eA QE m m3 ME y i Q a A 3acyEm o m Yj `o gaN m m c EE a „ a= mlm d e m C N 3q m L O y C H� LL t y m Q OlC Z ®4z"" U a M I WE W� 90 SJNNY Itl t A CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the David P. Samson Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on THURSDAY, JUNE 15, 2023 AT 6:30 P.M., to consider the following Zoning application: Public Hearing #: PZ2023-03 Application: Exterior Sign for Commercial Unit Applicant: 252 Sunny Isles Blvd. CU2 LLC Property Location: 150-250 Sunny Isles Beach Blvd., Sunny Isles Beach, FL 33160 Zoning District: TCD (Town Center District) Summary: The Applicant proposes new tenant signage on the south fagade of the St. Tropez building. To accommodate the signage, the Applicant has submitted a Site Plan Modification for the St. Tropez on the Bay building, located at 150-250 Sunny Isles Boulevard, an amendment to the Shops at 1631d Uniform Sign Plan and three variance requests. Requests: 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 to change the location of building signage. The request includes new tenant signage on the south fagade of the building and directional signage proximate to the baywalk. 2. Amend Resolution 2017-2687 to approve St. Tropez Shops Uniform Sign Plan to include the signage on the southern fagade. 3. Pursuant to Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a sign ordinance variance to increase the allowable size of a wall sign from 35 sq. ft. to 61.4 sq. ft. 4. Pursuant to Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a sign ordinance variance to increase the allowable size of the logo on a wall sign from 10% to 66.5% of text area. 5. Pursuant to Section §265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a sign ordinance variance to allow a uniform sign plan to have multiple types of illumination, material, and fabrication. The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Illuminated Sign 3D Brush Aluminum Sign," prepared by Artex Design Signs & Graphics stamped received May 23, 2023, consisting of two sheets. Plans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. Legal: 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. All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 or by sending an email 91 to PublicComments@sibfl.net. All comments and questions will be read into the record at the meeting. All comments and questions must be received prior to the commencement of the meeting. Maps and other data pertaining to these applications are available for public inspection during normal business hours in City Hall. The hearing on these matters may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Clerk at 305-792-1703, TTY 305-792-1589 no later than 48 hours prior to the proceedings. 92 ry OF 5VA I City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Amy Canales, Planning and Zoning Director DATE: June 15, 2023 RE: 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