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Home My WebLink AboutZoning Resolution 23-Z-203RESOLUTION NO. 234- 2, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2023-10) SUBMITTED BY LA PLAYA BEACH ASSOCIATES, LLC FOR THE PROJECT ENTITLED "VARADERO SALES CENTER" TO CHANGE THE LOCATION OF BUILDING SIGNAGE; 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, La Playa Beach Associates, LLC (the "Applicant") is seeking approval of a Site Plan Modification (PZ2023-10) to modify the approved site plan for the Varadero Sales Center project, which was approved by the City of Sunny Isles Beach ("City") pursuant to Resolution No. 2015-2444, passed and adopted July 16, 2015; and 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 to change the location of building signage. The request is for two wall signs facing Collins Avenue. Legal Description: ALL OF TRACT "I", LESS THE SOUTH 216.66 FEET AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID TRACT "I", OF AMENDED PLAT 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. TOGETHER WITH THAT PARCEL OF LAND LYING EAST OF AND BOUNDED ON THE WEST BY THE EAST LINE OF SAID TRACT "I", AND BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID TRACT "I", AND BOUNDED ON THE EAST BY THE EROSION CONTROL LINE OF THE ATLANTIC OCEAN, AS RECORDED IN PLAT BOOK 134 AT PAGE 47, OF SAID PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND BOUNDED ON THE SOUTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF THE SOUTH 216.66 FEET, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID TRACT "I" OF AMENDED PLAT NORTH BISCAYNE BEACH AND THE SOUTH 200 FEET OF TRACT "H", AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID TRACT "H", OF AMENDED PLAT 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. TOGETHER WITH THAT PARCEL OF LAND LYING EAST OF AND BOUNDED ON THE WEST BY THE EAST LINE OF SAID TRACT "H", AND BOUNDED ON THE NORTH BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID SOUTH 200 FEET OF TRACT "H", AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID TRACT "H", AND BOUNDED ON THE EAST BY THE EROSION CONTROL LINE OF THE ATLANTIC OCEAN, AS RECORDED IN PLAT BOOK 134 AT PAGE 47, OF SAID PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND BOUNDED ON THE SOUTH BY THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID TRACT "H" OF AMENDED PLAT NORTH BISCAYNE BEACH. Address: 18801 Collins Avenue, Sunny Isles Beach, Florida Folio: 31-2202-003-0120 WHEREAS, on September 21, 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. 2 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. 2015-2444, adopted on July 16, 2015, to change the location of the building signage 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. 2015-2444, adopted on July 16, 2015, to change the location of the building signage, is hereby approved subject to all conditions set forth in Section 4 below. Section 4. Conditions. The plans reviewed are entitled "St. Regis Sales Center Sign" prepared by Emerald Designs, stamped received July 7, 2023, consisting of four (4) sheets and a survey entitled "La Playa Sunny Isles Beach" prepared by Fortin, Leavy, Skiles, Inc. stamped received July 7, 2023, consisting of one (1) sheet. Plans are subject to revisions -based comments provided by zoning staff of the City of Sunny Isles Beach. 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. 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. 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. 4. 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. 5. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. 3 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 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 effective upon adoption. PASSED and ADOPTED this �7-1 6T day of September, 2023. Mauric�o Betancur„ ICMC, City Clerk D LES BEACH, FLORIDA sion in, Mayor CITY OF S By its Cit 4 I By. f //�� 4 ATTESP ., L 1sa Mauric�o Betancur„ ICMC, City Clerk D LES BEACH, FLORIDA sion in, Mayor APPROVED AS TO FORM AND LE AL SUFFICIENCY: 6dv in E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Vote: Seconded by: w Mayor Svechin V (Yes) (No) Vice Mayor Joseph (Yes) (No) Commissioner Lama �(Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No)