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)