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HomeMy WebLinkAboutZoning Resolution 24-Z-207RESOLUTION NO. 24-Z-7-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2024-03) SUBMITTED BY BEACH CLUB ACQUISITIONS, LLC FOR THE PROJECT ENTITLED "TURNBERRY OCEAN CLUB" TO REVISE ITS LANDSCAPING PLANS TO REDUCE THE NUMBER OF STREET TREES REQUIRED ALONG COLLINS AVENUE FROM SEVEN (7) TO FIVE (5); 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, Beach Club Acquisitions, LLC (the "Applicant") is seeking approval of a Site Plan Modification (PZ2024-03) to modify the approved site plan for the Turnberry Ocean Club project which was approved by the City of Sunny Isles Beach ("City") pursuant to Resolution No. 14-Z- 143, passed and adopted July 31, 2014; and WHEREAS, pursuant to Sec. 265.71(C) of the City of Sunny Isles Beach Land Development Regulations, one street tree is required for each 30 linear feet, or portion thereof, of street frontage, thereby requiring seven (7) street trees for the Turnberry Ocean Club project; 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 revise its landscaping plans to reduce the number of street trees required on Collins Avenue from seven (7) to five (5). Legal Description: THE SOUTH 200 FEET OF TRACT "L", "AMENDED PLAT NORTH BISCAYNE BEACH" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 42, AND THAT PARCEL OF LAND LYING EASTERLY OF AND BOUNDED ON THE WEST BY THE EAST LINE OF SAID SOUTH 200 FEET OF Tract "L", AND BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID SOUTH 200 FEET OF TRACT "L", AND BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID SOUTH 200 FEET OF TRACT "L AND BOUNDED ON THE EAST BY THE EROSION CONTROL LINE OF THE ATLANTIC OCEAN, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 134 AT PAGE 47 Of THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE S.W. CORNER OF SAID TRACT "L", OF "AMENDED PLAT NORTH BISCAYNE BEACH" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 42, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 03°00'09" EAST, ALONG THE WESTERLY LINE OF SAID TRACT "L", FOR 201.17 FEET TO A POINT ON THE NORTH LINE, OF THE SOUTH 200 FEET OF SAID TRACT "'L"', THENCE NORTH 86054'29" EAST, ALONG THE PREVIOUSLY DESCRIBED LINE, FOR 490.29 FEET TO A POINT ON THE EROSION CONTROL LINE AS SHOWN ON "EROSION CONTROL LINE", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 134, PAGE 47, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02°08'23" EAST, ALONG THE PREVIOUSLY DESCRIBED LINE, FOR 200.07 FEET TO THE SOUTHERLY LINE OF SAID TRACT "L"; THENCE SOUTH 86054'29" WEST, ALONG THE SOUTH LINE OF SAID TRACT "L", FOR 508.31 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA. Address: 18501 Collins Avenue, Sunny Isles Beach, FL 33160 Folio: 31-2202-003-0190 WHEREAS, on August 15, 2024, 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 Staff 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. 2 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. 14-Z-143: To revise its landscaping plans to reduce the number of street trees required along Collins Avenue from seven (7) to five (5) 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 approved under Resolution No. 14-Z-143 to revise its landscaping plans to reduce the number of street trees required along Collins Avenue from seven (7) to five (5), is hereby APPROVED, subject to all conditions set forth in Section 4 below. Section 4. Conditions. A. That the plans shall be substantially in accordance with that submitted for public hearing, which are entitled "Boundary & Topographic Survey Turnberry Ocean Club", prepared by Fortin, Leavy, Skiles, Inc., stamped received May 9, 2024, consisting of one (1) sheet and sheet L6.00, prepare by EDSA, Inc., stamped received May 31, 2024.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. All conditions set forth in City Resolution No. 14-Z-143 approved and adopted on July 31, 2014 shall remain in effect, unless modified by this application. D. 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. E. 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. C F. That the Applicant shall make a donation of Twenty Thousand Five Hundred Dollars and No Cents ($20,500.00) to the City of Sunny Isles Beach for the purchase and installation of two 16' Medjool Date Palm trees, at a location or locations of the City's choosing, prior to issuance of the final Certificate of Occupancy (CO) for the development project. 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 S. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this ) day of August, 2024. r, CMC, City Clerk CITY OF SU�Y'TY 'S EoS BEACH, FLORIDA By its Cit Commiss on By: Lansa Svechin, Mayor LI APPROVED AS TO FORM AND LEGAL SUFFICIENCY: d& &A44W Iain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Vote: Mayor Svechin � (Yes) Vice Mayor Lama�,Q,65(Yes) Commissioner Joseph (Yes) Commissioner Stuyvesant e6es) Commissioner Viscarra / (Yes) Seconded by: �/O, �� STLV£.S'i (No) (No) (No) (No) (No)