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HomeMy WebLinkAboutReso 2014-2298RESOLUTION NO. 2014 -_, &+ &/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A REQUEST TO EXTEND THE TIME PERIOD TO PULL A BUILDING PERMIT FOR THE ZONING APPLICATION APPROVED UNDER ZONING RESOLUTION NO. 12 -Z -131 FOR CHABAD LUBAVITCH RUSSIAN CENTER OF FLORIDA, INC.; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution No.12 -Z -131, adopted on September 20, 2012, the City Commission approved a site plan for the construction of the future Jewish Community Center (the "Project ") to be located at 488 Sunny Isles Boulevard; and WHEREAS, the Owner or Applicant is required to pull a building permit within two years from the date of approval of the Project; and WHEREAS, the zoning approval under Resolution No. 12 -Z -131 shall expire on September 20, 2014 and the Applicant is requesting a two (2) year extension from the aforementioned date to proceed with a proposed new development project ; and WHEREAS, the City wishes to grant the request made by Chabad Russian Center of South Florida, Inc. to extend the time period to pull a building permit. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Extension of Time. The City Commission of the City of Sunny Isles Beach hereby approves the request to extend the time period to September 20, 2016, for Chabad Lubavitch Russian Center of Florida, Inc. to pull a building permit. Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. Page I of 2 PASSED AND ADOPTED this 181h day of September 2014. ATTEST: Jane A. Hines, MMC, City Clerk APPROV D AS TO FORM AND LEG LAUFFICIENCY: City Attorney Vote: �_o Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl orman S. Edelcup, Mayor Moved by: ®Y AELI o►li Seconded by: Cp r Sc.1 -LOLL. (Yes) (No) v7(Yes) (No) �7' Yes) No) Id (Yes) (No) Palle 2 of 2 ABAD RMWAKaOwKMw pulust 2& 201 1 ;0 Nicnaulwill M, Executive D,f-ecfor X774 RaWi MW Sr' way AMmonnor k1l's, cnwa K Ilc! 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Sender Sharmss Mr. Damel V,Wk M sac At= her Mary Zas!aysky W DmA aumv RATi C Kaller ai rr A it to RESOLUTION NO. 12 -Z- k 3k A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ( "CITY ") APPROVING THE ZONING APPLICATION SUBMITTED BY CHABAD LUBAVITCH RUSSIAN CENTER OF SOUTH FLORIDA, INC. (THE "APPLICANT "), (Z2012 -13) PURSUANT TO SECTIONS 265 -15 AND 265 -18 OF THE LAND DEVELOPMENT REGULATIONS OF THE SUNNY ISLES BEACH ( "LDRS" ), TO PERMIT THE DEVELOPMENT OF A FIVE STORY MULTI -USE JEWISH COMMUNITY CENTER CONTAINING A TOTAL OF 42,499 SQUARE FEET ON THE PROPERTY LOCATED AT 488 SUNNY ISLES BEACH BOULEVARD, SUBJECT TO CONDITIONS; AND PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, Chabad Lubavitch Russian Center of South Florida, Inc., (the "Applicant") submitted a zoning application (Z2012 -13) to the City of Sunny Isles Beach, FL, requesting the following: 1. Pursuant to Section 265 -18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for a multi -use community center which contains a total of 42,499 square feet. 2. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a parking variance and a shared parking agreement pursuant to Section 265 -46 of the City of Sunny Isles Beach Land Development Regulations. LEGAL: Lots 23 and Island No. 23, of Second Revised Plat of Bella Vista Subdivision, according to the Plat thereof, as recorded in Plat Book 50, at Page 76, of the Public Records of Miami -Dade County, Florida, less that portion of Lot 23, being more particularly described as follows: Begin at the Northeast corner of said Lot 23; thence run South 13 degrees 13 minutes 35 seconds West along the Easterly line of said Lot 23 a distance of 8.23 feet to a point of intersection with a circular curve concave to the Northeast, having a radius of 118.50 feet and a tangent bearing of North 52 degrees 42 minutes and 42 seconds West; thence run Northwesterly along said circular curve through a central angle of 07 degrees 17 minutes 51 seconds for and are distance of 15.09 feet; thence South 82 degrees 00 minutes 25 seconds East along the North line of said Lot 23 a distance of 13.40 feet to the Point of Beginning. 488 Sunny Isles Blvd. Page 1 of 7 ADDRESS: 488 Sunny Isles Boulevard, Sunny Isles Beach, Florida WHEREAS, On September 20, 2012, the City Commission conducted a public hearing on the Application; and 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 positive recommendation contained in the City's Community Development Department Review Report; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Community Development Department and all outside consultants who render reports with respect to the Application, including the recommendation conditions, and found substantial competent evidence to support a showing by the Applicant that the request for site plan approval and parking variance and parking agreement for off -site parking spaces, subject to all of the conditions set forth in this Resolution, are in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintains the basic intent and purpose of the zoning, subdivision or other land regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS SUCCESSORS OR ASSIGNS, AS FOLLOWS: II. INCORPORATION OF RECITALS. All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. III. APPROVALS. 1. The Applicant's request for approval of the site plan submitted for the Project known as "Sunny Isles Beach Jewish Community Center" is hereby granted and said site plan is hereby approved subject to all conditions set forth in Section IV below. The failure of performance of any of these conditions shall be deemed a denial of this Application. 2. The Applicant's request for a parking variance for 50 parking spaces and a shared parking agreement for 26 public parking spaces at a price of $2,200.00 (two thousand two hundred dollars) per parking space is hereby granted. 488 Sunny Isles Blvd. Page 2 of 7 IV. CONDITIONS. CONDITIONS TO BE COMPLETED BEFORE DEMOLITION BELOW GRADE OR BUILDING PERMITS ARE ISSUED. That the project shall be developed substantially in accordance with the plans submitted for public hearing on September 20, 2012, and which are on file with the City Clerk's Office, entitled "Sunny Isles Beach Jewish Community Center ", prepared by Schapiro Associates consisting of 15 sheets dated 09.10.2012 including sheet A2 -A; the survey entitled "Boundary and Topographic Survey" prepared by Fortin, Leavy, Skiles, Inc., consisting of 1 sheet dated of June 21, 2012; the Civil Plan prepared by Holland Engineering, Inc. consisting of 3 sheets signed and sealed 09.6.2012, and the Landscaping Plan prepared by Rhett Roy Landscape Architecture - Planning, P.A. consisting of 3 sheets signed and sealed on 9.5.2012. 2. If applicable, a Miami -Dade County tree removal permit must be secured and attached to the landscape permit application prior to demolition. 3. That the Applicant provides the Lighting/Photometric Plan prior to building permit. 4. That the Applicant provides the Signage and Pavement Marking Plan prior to building permit. 5. That the Applicant shall enter into an off -site parking agreement with the City for the use of 26 public parking spaces at a fee of $2,200.00 per space in public facilities located on Sunny Isles Boulevard. The City shall permit the Applicant the use of the 26 public parking spaces for a fee of $57,200.00. The aforementioned fee shall be paid upon the issuance of a building permit. 6. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Community Development 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. 7. That a plot plan be submitted to the Community Development Department for their review. The plot plan shall include all easements proffered by the Applicant to the City, including but not limited to (i) a minimum of seven -foot (7') Bay -Walk easement. The plot plan shall show the type and size of plant materials, lighting, and outdoor furniture which shall be in compliance with the Miami -Dade County Shoreline Committee. 8. That the Applicant submit a Declaration of Restrictions in recordable form acceptable to the Community Development Department and acceptable to the City Attorney prior to submittal for an application for building permit, which proffers: the Bay -walk 488 Sunny Isles Blvd. Page 3 of 7 Easement; a minimum of seven -feet (7') public Bay -Walk easement along the south edge of the project and clear from any obstruction. The Applicant shall design the Bay -Walk to ensure that the Bay -Walk easement connects with adjacent pedestrian Bay -walks located on the east and west sides of the Applicant's property. The maintenance of the easement shall be the responsibility of the Applicant. No gates or any structure shall be placed on the Bay -Walk. The Bay -Walk shall not be restricted in any way by the Applicant. 9. That the Applicant shall not use the adjacent property owned by the City for any purpose. 10. That in the event of multiple ownership, a homeowner's association be established in accordance with applicable regulations to assure that all common areas and facilities for the residents, as well as all easements dedicated to the City, shall be maintained in continuous and satisfactory manner and without expense to the general taxpayers of the City of Sunny Isles Beach. 11. That the Applicant complies with all conditions and permit requirements, including but not limited to Miami -Dade County, including environmental conditions and permitting, Shoreline Development Review Committee, the Fire and Water and Sewer Departments, Florida Department of Environmental Protection (DEP) and Florida Department of Transportation (FDOT). 12. No building permits shall be issued (except for demolition and sales trailers) unless the Applicant has submitted all documents referred to under this approval and shall have paid all impact fees, bonuses, and Transfer of Development Rights (if applicable), professional fees (as per Section 267 -5 and such other applicable Land Development Regulations) due to the City. 13. 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. Conditions to be completed before any Certificate of Occupancy is issued. 14. Pavers along Sunny Isles Boulevard must be consistent with the City Streetscape Master Plan, or existing pavers located on Sunny Isles Boulevard. 15. Pavers along public bay -walk must be consistent with the paver materials selected the bay -walks on neighboring properties or approved by the City. 16. That the Applicant shall underground all utility lines in accordance with Section 250- 12 of the City Code. 17. Under Section 267 -4, the City Manager and/or his/her designee in review of any application, may refer any such application presented to it to such engineering, planning, legal, technical, or environmental consultant or professional(s) employed by the City as the Manager shall deem reasonably necessary to enable him/her to review 488 Sunny Isles Blvd. Page 4 of 7 such application as required by law. Charges made by such consultants or professionals shall be in accord with the charges customarily made for such services in Miami -Dade County, and pursuant to an existing contractual agreement by and between the City and such consultant. Charges made by the City shall be in accord with the hourly rates charged by such consultants or hourly rates of employed professionals and shall be paid within 30 days on submission of City voucher. 18. At the time of submission of any application or thereafter, it is required that an escrow account be established, from which withdrawals shall be made to reimburse the City for the cost of professional review services, if any. The Applicant shall then provide funds to the City for deposit into such account in an amount to be determined by the City Manager, based on his/her evaluation of the nature and complexity of the application. The Applicant shall be provided with copies of any City voucher for such services as they are submitted to the City. When the balance in such escrow is reduced to one -third (1/3) of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within thirty-days (30) after the applicant is notified, in writing, of the requirements for such additional deposit, the City may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit or Certificate of Use and Certificate of Occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the Applicant any funds remaining on deposit. 19. That the Applicant shall furnish payment and performance bond in an amount determined by the Building Official to ensure Applicant's performance of public improvements required pursuant to site plan approval and in accordance with recommendations of the Building Official after review of construction plans submitted based on development approval granted herein. Any such bond shall be issued by a surety having a minimum rating of A -1 in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of written notice from the issuer of the bond of intent to cancel or not to renew ". As improvements are made the City, within its discretion, may reduce or eliminate the bond amount. These rights reserved by the City with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the City may have under this Resolution, in law or in equity. Other Conditions: 20. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the City upon compliance with all terms and conditions. The Certificate of Occupancy and Certificate of Use shall be subject to cancellation upon violation of any of the conditions. 488 Sunny Isles Blvd. Page 5 of 7 21. That the approved site plan shall remain valid for a period of 24- months from the date of 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. 22. 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 TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY (IF APPLICABLE) OR OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREIN ABOVE HAVE BEEN TRANSFERRED PROFESSIONAL FEES SECTION 267 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL OTHER 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. V. AUTHORIZATION OF CITY MANAGER AND CITY ATTORNEY. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. VI. 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 portions of this Resolution. VII. REPEALER. All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. VIII. EFFECTIVE DATE. This Resolution shall become effective upon adoption. 488 Sunny Isles Blvd. Page 6 of 7 PASSED AND ADOPTED this 20 day of September, 2012. Clerk APPROVED AS TO FORM AND CIENCY: H OttinW, Uty A orney Moved by: Cptw Sit 64e-�' Seconded by: COM m 1 C Sj ono M 41A� Vote: Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl 488 Sunny Isles Blvd. Page 7 of 7 (Yes) '!(No) ✓ (Yes) (No) ✓ (Yes) —(Yes) (No) __�7-(Yes) (No) (No) STATE OF FLORIDA ) )ss: COUNTY OF MIAMI -DADE ) I, JANE A. HINES, Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 12 -Z -131 adopted by the City Commission at its meeting held on the 201h day of September 2012. Issued this day of September, 2012. 488 Sunny Isles Blvd. Page 9 of 9 Jane A. Hines, CM)C,' City,gle SJNNY iS4 I F s V = tiF , *..F L.o � 5 e ly OF sUN PLO TO: FROM DATE; RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax (305) 947 -2150 Building Department (305)947 -5107 Fax MEMORANDUM The Honorable Mayor and City Commission Hans Ottinot, City September 18, 2014 Attorney City Commission Norman S. Edelcup, Mayor Isaac Aclion, Vice Mayor Jeanette Gatto, Commissioner Jennifer Lein, Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo City Manager Hans Ottinot, City Attorney Jane A. Hines, TIC, City Clerk Approving a Two -Year Extension for the Chabad Lubavitch Russian Center, LLC to Pull Building Permit RECOMMENDATION This Resolution is presented for your consideration. REASONS The zoning approval under Resolution No. 12-Z-131 issued to Chabad Lubavitch Russian Center, LLC for the construction of the future Jewish Community Center shall expire on September 20, 2014, and the Applicant is requesting a two (2) year extension from the aforementioned date in order to proceed with a proposed new development project.