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Home My WebLink AboutZoning Resolution 23-Z-205RESOLUTION NO. 234- A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2023-15) SUBMITTED BY ACA GAS, LLC FOR THE MOBILE GAS STATION LOCATED AT 18300 COLLINS AVENUE, TO ELIMINATE ONE CURB CUT ONTO 183RD STREET, CONSTRUCT NEW PARKING STALLS, REPLACE THE CAR WASH CANOPY, ADD LANDSCAPED OPEN SPACE, RENOVATE THE INTERIOR OF THE EXISTING STRUCTURE TO EXPAND THE CONVENIENCE STORE USE, AND OTHER SITE IMPROVEMENTS; 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, ACA Gas, LLC (the, "Applicant") is seeking approval of a Site Plan Modification (PZ2023-15) to modify the existing site plan for the Mobile Gas Station, located at 18300 Collins Avenue, which was approved by Miami -Dade County in 1985 prior to the incorporation of the City of Sunny Isles Beach, Florida (the "City"); 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 eliminate one curb cut onto 183rd Street, construct new parking stalls, replace the car wash canopy, add landscaped open space, renovate the interior of the existing structure to expand the convenience store use, and other site improvements.. Legal Description: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF COLLINS AVENUE (HIGHWAY A -1-A) AND THE NORTH RIGHT-OF-WAY LINE OF N.E. 183RD STREET; THENCE RUNNING NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF COLLINS AVENUE FOR A DISTANCE OF 175 FEET; THENCE RUN WEST ALONG A LINE PARALLEL TO THE NORTH RIGHT-OF-WAY LINE OF N.E. 183RD STREET FOR A DISTANCE OF 125 FEET; THENCE RUN SOUTH ALONG A LINE PARALLEL TO THE WEST RIGHT-OF-WAY LINE OF COLLINS AVENUE FOR A DISTANCE OF 175 FEET AND TO THE NORTH RIGHT-OF-WAY LINE OF N.E. 183RD STREET; THENCE RUN EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF COLLINS AVENUE AND THE POINT OF BEGINNING. LESS THAT PORTION CONVEYED BY DEED DATED AUGUST 10, 1961, FROM SIBARCO CORPORATION TO THE COUNTY OF DADE, RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: THAT PART OF TRACT "N" AMENDED PLAT OF NORTH BISCAYNE BEACH, AS RECORDED IN PLAT BOOK 44, PAGE 42, PUBLIC RECORDS OF DADE COUNTY, FLORIDA, DESCRIBED AS THE EXTERNAL AREA FORMED BY A 25 FOOT RADIUS ARE BEING CONCAVE TO THE NORTHWEST, TANGENT TO THE SOUTHERLY LINE OF SAID TRACT "N" AND TANGENT TO THE EASTERLY LINE OF SAID TRACT "N". Address: 18300 Collins Avenue Folio: 31-2202-003-0202 WHEREAS, on December 8, 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 existing site plan, adopted in 1985, to eliminate one curb cut onto 183,4 Street, construct new parking stalls, replace the car wash canopy, add landscaped open space, renovate the interior of the existing structure to expand the convenience store use, and other site improvements, 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 existing site plan, adopted in 1985, to eliminate one curb cut onto 183rd Street, construct new parking stalls, replace the car wash canopy, add landscaped open space, renovate the interior of the existing 7 structure to expand the convenience store use, and other site improvements, 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 "Mobil Sunny Isles Renovation", prepared by Ch2 design, stamped received November 21, 2023, consisting of eight (8) sheets; Landscape drawings prepared by Cabezas Alvarez Landscape Architects, Inc, stamped received November 21, 2023, consisting of two (2) sheets; and survey prepared by American Services of Miami, Corp, stamped received October 12, 2023, consisting of one (1) sheet. 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. 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. D. That the Applicant complies with all conditions and permit requirements, including but not limited to, Miami -Dade County DERM, the Fire Department, Water and Sewer Departments, etc. E. That the approved site plan shall remain valid for 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, 3 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 8th day of December 2023. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CMC, City Clerk Al in E. Boileau, for Nabors, Giblin J & Nickerson, P.A., City Attorney Moved by: r �� .V.r d1 { Seconded by:�/fSalt�iLr�' Vote: Mayor Svechin J(Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) E]