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HomeMy WebLinkAboutZoning Resolution 23-Z-194RESOLUTION NO. 23-Z- H4, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2023-01) SUBMITTED BY POLLO OPERATIONS, INC. FOR THE SITE PLAN ENTITLED "R.K. COMMERCIAL CENTER, 17000 AND 17100 COLLINS AVENUE" TO MODIFY THE EXTERIOR PAINT PALETTE TO INCLUDE TWO COLORS NOT INCLUDED IN THE CITY'S PERMITTED COLORS AS PROVIDED IN SECTION 150-1 OF THE CITY'S CODE OF ORDINANCES; 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, Pollo Operations, Inc. (the "Applicant") is seeking approval of a Site Plan Modification (PZ2023-01) to modify the approved site plan for R.K. Commercial Center, 17000 and 17100 Collins Avenue, which was prepared by Norman M. Giller & Associates, Inc. on or about January 24, 1989, and approved by Miami -Dade County; 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 exterior paint palette. The request includes two accent colors that are not included in the City's permitted exterior colors, as provided in Section §150-1 of the City of Sunny Isles Beach Code of Ordinances, SW6453 (Cilantro) and SW7020 (Black Fox). Legal Description: 2 52 42 1152 42 6.43 AC M/L TATUMS SUB OF GOVT LOT 6 PB 10-64 E70OFT OF N40OFT OF TR 1 LYG W OF SR A -1-A LOT SIZE 280000 SQUARE FEET OR 13021-745 0986 1 F/A/U 30-2211-004-0050 Address: 17084 Collins Avenue, Sunny Isles Beach, Florida Folio: 31-2211-004-0050 WHEREAS, on April 20, 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 prepared by Norman M. Giller & Associates, Inc., on or about January 24, 1989, and approved by Miami -Dade County, to modify the exterior paint palette for the standalone building within the plaza (located at 17084 Collins Avenue), to include two colors that are not included in the City's permitted colors, as provided in Section §150-1 of the City of Sunny Isles Beach Code of Ordinances, SW6453 (Cilantro) and SW7020 (Black Fox), 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 site plan prepared by Norman M. Giller & Associates, Inc., dated January 24, 1989, and approved by Miami -Dade County, to modify the exterior paint palette for the standalone building within the plaza (located at 17084 Collins Avenue), to include two colors that are not included in the City's permitted colors, as provided in Section §150-1 of the City of Sunny Isles Beach Code of Ordinances, SW6453 (Cilantro) and SW7020 (Black Fox), is hereby approved subject to all conditions set forth in Section 4 below. Section 4. Conditions. 1. 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 Pa shall be required to obtain another approval of the City Commission. 2. That the approved site plan shall remain valid for a period of 12 -months from the date of the site plan modification approval. If no building permit is issued within the 12 -month time period, the site plan shall be considered null and void and of no force and effect. NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS. 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 qday of April, 2023. Mauricio'Betancurt CMC, City Clerk CITY OF S MNY ISL BEACH, FLORIDA By its Cit Commis on By: Larisa Svechin, Mayor 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: `"kw A14(n E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved byT ) SS 1 5A econded by: 7RSE-A Vote: 4 J Mayor Svechin (Yes) (No) Vice Mayor Joseph (Yes) (No) Commissioner Lama(Yes) (No) Commissioner Stuyvesant (Yes) V (No) Commissioner Viscarra (Yes) (No) 4 April 20, 2023 ' *FLpP s C/rr OF SUN PCO CITY OF SUNNY ISLES BEACH DEVELOPMENT REVIEW REPORT Polio Tropical Exterior Paint Palette SITE PLAN MODIFICATION I. PROJECT SUMMARY Application Number: PZ2023-01 Application Summary: The Applicant has submitted an application for a minor Site Plan Modification to the site plan titled "R.K. Commercial Center, 17000 and 17100 Collins Avenue" prepared by Norman M. Giller & Associates, Inc., dated January 24, 1989 (the "Project"). The Applicant's business, Polio Tropical, is modifying the exterior paint palette for the standalone building within the plaza (located at 17084 Collins Avenue), to include two colors that are not included in the City's permitted colors, as provided in Section §150-1 of the City of Sunny Isles Beach Code of Ordinances: SW6453 (Cilantro) and SW7020 (Black Fox). Applicant: Polio Operations, Inc. c/o Angel Gutierrez 7522 Corporate Center Drive Miami, FL 33126 Owner: 17070 Collins Ave Shopping Center, Ltd. c/o RK Associates 17100 Collins Avenue, #225 Sunny Isles Beach, FL 33160 II. SITE INFORMATION Land Area: 6.43 acres (280,000 sq. ft.) Location: 17084 Collins Avenue Folio: 31-2211-004-0050 Legal Description: 2 52 42 11 52 42 6.43 AC M/L TATUMS SUB OF GOVT LOT 6 PB 10-64 E70OFT OF N40OFT OF TR 1 LYG W OF SR A-1 -A LOT SIZE 280000 SQUARE FEET OR 13021-745 0986 1 F/A/U 30-2211-004-0050 Future Land Use: 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. Development intensity is limited to a maximum FAR of 2.0. Residential densities are limited to a maximum of twenty-five (25) units per acre. Additional density up to 85 units per acre may be obtained with density bonuses in accordance with the Land Development Regulations and the number of hotel rooms is controlled by the Floor Area Ratio. Zoning District:, Town Center District (TCD The purpose of the Town Center District (TCD) is to provide for the use and development of properties within the area designated in the Sunny Isles Beach Comprehensive Plan as the Town Center in a manner consistent with the Community Vision Statement and the policies and objectives of the Future Land Use Element of the Comprehensive Plan. The intent 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 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: Prior to City incorporation, the site plan titled "R.K. Commercial Center, 17000 and 17100 Collins 2 Avenue," prepared by Norman M. Giller & Associates, Inc., dated January 24, 1989 (the "Project") was approved by the County. The Applicant's business, Pollo Tropical, leases a 3,439 sq. ft. standalone building within the Project site, which consists of several multi -tenant commercial buildings and standalone buildings constructed between 1956 and 1996. City building permits reveal that the standalone building was previously occupied by a restaurant business called "Don Pan." In 2004, building permits were issued to renovate the building for Pollo Tropical. In 2011, building permits for painting the exterior were issued, which reflects the palette on the building today. III. 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 exterior paint palette. The request includes two accent colors that are not included in the City's permitted exterior colors, as provided in Section §150-1 of the City of Sunny Isles Beach Code of Ordinances: SW6453 (Cilantro) and SW7020 (Black Fox). IV. PLANNING AND ZONING REVIEW The Planning and Zoning Director has determined that the site plan modifications are considered "minor" and in compliance with the limitations set forth in City Code Section §265-18(1)(2) as described below: (a) The modification does not change lot coverage, setbacks, height increase or decrease, as well as density or intensity calculations set forth in a previously approved site plan. Notwithstanding the foregoing or any other provision in this section, a decrease in density and intensity of an approved site plan shall be considered a minor modification, which does not require the approval of the City Commission, where such modification results in a decrease of density or intensity of no more than five percent of the approved density or intensity calculations in the site plan; (b) The change is not an alteration that would otherwise require a variance or would not meet the requirements of the Code of the City of Sunny Isles Beach; (c) There is no change in the location, size and general site compatibility of building, lighting and signs; (d) There is no increase in the number of average daily trips; 3 (e) The change does not alter the location of any points of ingress, egress, access and vehicular and pedestrian patterns to the site; (f) The changes do not substantially decrease the value of or substantially change the character or location of any improvement or amenity; (g) Change to landscape material, location, planting techniques, species, or size as deemed. necessary by the City Manager or his/her designee due to availability or site conditions; and (h) The change does not result in a material modification or the cancellation of any condition placed upon the site plan as originally approved. Staff has no objection to the- Site Plan Modification for the new exterior paint palette, inclusive of two colors not included in the City's permitted exterior colors, as provided in Section §150-1 of the City of Sunny Isles Beach Code of Ordinances. The two colors, SW6453 (Cilantro) and SW7020 (Black Fox), are to be used as accents and are consistent with the branding of the Pollo Tropical restaurant chain. The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Polio Tropical," prepared by Angel Gutierrez stamped received February 17, 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. V. Conditions A. If the City approves this application, the application will be subject to the following conditions. prior to final inspection of the building permit: 1. 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. 2. That the approved site plan shall remain valid for a period of 12 -months from the date of the site plan modification approval. If no building permit is issued within the 12 -month time period, the site plan shall be considered null and void and of no force and effect. (END) 2 2. 3 4. 5. R1 7 8 IP 1z 0 � Sr § 65-18 F E B 1 0 2023 PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL. 'ATION APPLICATION (2) Application # Date Received Initials Project Name: ?0 0 -Tro p( oW — Name of Applicant ?0 O per a -4i D IV S ;� N G . a. If applicant is the owner, give name exactly as recorded on deed. b. The property owner and/or applicant hereby waive, release, indemnify, hold harmless, and forever discharge the City of Sunny Isles Beach from any and all claims, losses, demands, contracts, expenses, cause of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, liability as to any claims that may arise from this application. Applicant Mailing Address 15Qe4 CDr R0r Gen4e.. ' briVe- City C'u C1.nu State Fip- Zip a5l.)-6 Tel. # (during working hours) ,30$- (01 Other //'� Name of Property Owner _170`1 O Cp I It AAS UG Sl''1opoltV Q C_erjr. Mailin Address 100 i City tvn ddl State PL Zip 33f (n 0 Tel. # (during working hours) Other Contact Person -Otr r0 �CGHYtF Mai]in�A�ddress r vc IJ City Y 1�.[ OtrUA State 'FJ— Zip 5aJtL(V Tel. # (during working hours) .3 T ED I — la (0 2 Other Ad ress or location of subject p •operty: ('7 0 $ i (y �tJCJ 1 C.e.. L O Requirements: a. Letter of Intent explaining the proposed minor modification to a previously approved plan. b. Site plan drawings showing the details of the proposed minor modification. c. Non-refundable payment of $4,000.00 made to the City of Sunny Isles Beach. Information about site plan/public hearing previously approved: Applicant's name Date of hearing Nature of hearing Decision of hearing Resolution # City of Sunny Isles Beach Planning and Zoning Department 1 2 SIGNATURE O F- O� . PPLICANT) DATE STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowl d ed before me this—&7 a/day of'�fc 2033 -,by OQ t�Cj JPjC4,, on behalf of a Florida (corporation) (partnership) (other) He/She is personally known to me or has produced (type of identification produced) as identification produced and did take an oath. My Commission Expires: �l z123 Notary Public, State of Florida at Large Print Name: SAWIZ-A ju( City of Sunny Isles Beach Planning and Zoning Department 2 PROPERTY OWNER'S SWORN -TO -CONSENT PERAUTTING TENANT TO FILE FOR HEARING On behalf of { �'� �-� �al�t�..rem j�o ��.-, Property Owner of the property legally described below and which is the sub ect propertyof the proposed hearing, does hereby grant consent to as Tenant to file this application for a public hearing. Legal Description: Witnesses• Sigiure Pr ignature Print Name Property O\v%>51'gnature �L4v ;mac V-\ ( -( jz Print Name Sworn to and subscribed before me on the 3 day of I ( UA(—) 0U'Q---,20 ;�,)3_ Affiant is personally known to me or has produced Ias identification, Nc tary (Stamp/Seal) Commission Expires: L1 N—Lt City of Sunny Isles Beach Public Hearing Application Package Page 8 of 30 STATE OF COUNTY OF OWNERSHIP AFFIDAVIT FOR PARTNERSHIP Public Hearing No. Before me, the undersigned authority, personally appeared V-6 hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is the general partner of the 170+0 Nk 4 partnership, at the following address: 11-LOd Nkl -s k4 -c- g� �L' 331 c00 2. Affiant as general partner is authorized to file this application for a public hearing. 3. The partnership owns the property, which is the subject of the proposed hearing. 4. The subject property is legally described as: 5. 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. 6. 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 application must be complete and accurate before the application can be submitted and the hearing advertized. i Witnesses Xeneral Partneri Signal0 Afftai is 'mature (L'C; - 7, ri 61tile Print Name ure rY !-� 'Xco GSI Z Print Name Sworn to and subscribed before me on the Ji day of n < 20-Z-3, Affiant is personally known to me or has produced as Identification. Notary (Sttlknp/Seal) Commission Expires: za City of Sunny Isles Beach Public Hearing Application Package Page 11 of 30 RESTAUEST#-A-, I February 9, 2023 j LIFE'S BETTER UNDER THE PALM:" Polio Tropical Corporate Headquarters 7255 Corporate Center Drive, Suite C Miami, FL 33126 Tel.: (305)670-7696 Fax: (305)670-6403 The City of Sunny Isles Planning and Zoning Department 18070 Collins Avenue Sunny Isles, FL. 33160 Re: Letter of Intent for building fagade paint color change. Project Number: 82020-2349 — Polio Tropical Project Address: 17084 Collins Avenue, Sunny Isles, FL 33160 To: Amy Canales, AICP — Planning and Zoning Director Dear Ms. Canales, - rPi2aZ3 -61 RECEIVED F E B 1 0 2023 PLANNING & ZONING DEPT: City of Sunny Isles Beach, FL This is a letter of intent to change the exterior color palette of the Polio Tropical Restaurant building located at 17084 Collins Avenue, Sunny Isles. This change will be a minor modification to the site plan. The Cilantro Green and Black Fox are proposed colors that vary from the code standards. We are requesting to use these colors as they are a part of the new branding for the Polio Tropical restaurant chain. Please refer to the elevations attached for further details. If you have any questions, please feel free to contact: Ida Moralejo at 561-380-2681- imoraleio@pollotropical.com in case of any query. Sincerely, Adam Hlavaty VP Real Estate and Construction N Q W a l a I a I a l a ra J U S„NNY. li(F,�O Pollo Tropical Exterior Paint Palette Approval O� Pollo Operations Inc. '= CITY OF SUNNY ISLES BEACH Size of Property: 6.43 acres (280,000 sq ft) a � � PLOR� NOTICE OF ZONING HEARING C�Tr O! SVN n`yO 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, APRIL 20, 2023 AT 6:30 P.M., to consider the following Zoning application: Public Hearing #: PZ2023-01 Application: Pollo Tropical Exterior Paint Palette Approval Applicant: Pollo Operations Inc. Location: 17084 Collins Avenue, Sunny Isles Beach, FL 33160 Size of Property: 6.43 acres (280,000 sq ft) Zoning District: TCD (Town Center District) Summary: The Applicant has submitted an application for a Site Plan Modification for the Pollo Tropical exterior paint palette located at 17084 Collins Avenue. The Site Plan Modification is requesting approval of an exterior paint palette, including two colors that are not included in the City's permitted colors, as provided in Section § 150-1 of the City of Sunny Isles Beach Code of Ordinances. Request: 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 exterior paint palette. The request includes two accent colors that are not included in the City's permitted exterior colors, as provided in Section § 150-1 of the City of Sunny Isles Beach Code of Ordinances: SW6453 (Cilantro) and SW7020 (Black Fox). The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Polio Tropical," prepared by Angel Gutierrez stamped received February 17, 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: 2 52 42 1152 42 6.43 AC M/L TATUMS SUB OF GOVT LOT 6 PB 10-64 E70OFT OF N40OFT OF TR 1 LYG W OF SR A -1-A LOT SIZE 280000 SQUARE FEET OR 13021-745 0986 1 F/A/U 30-2211-004-0050 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 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. 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 April 20, 2023 Site Plan Modification for Pollo Tropical exterior paint palette, located within the RK Plaza at 17070 Collins Ave. (PZ2023-01) RECOMMENDATION: Adoption of resolution and approval of the site plan modification. REASONS: The Applicant has submitted an application for a minor Site Plan Modification to the site plan titlec "R.K. Commercial Center, 17000 and 17100 Collins Avenue" prepared by Norman M. Giller 8 Associates, Inc., dated January 24, 1989 ("Project"). The Applicant's business, Pollo Tropical, i modifying the exterior paint palette for the standalone building within the plaza (located at 17084 Collins Avenue), to include two colors that are not included in the City's permitted colors, as provided in Section §150-1 of the City of Sunny Isles Beach Code of Ordinances: SW6453 (Cilantro) and SW702 (Black Fox). The proposed exterior paint palette is consistent with the new branding for the Pollo Tropical restaurant chain. ATTACHMENTS: Staff Report Application and Letter of Intent Plans Public Hearing Notice Item Number: 6.A