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HomeMy WebLinkAboutZoning Resolution 26-Z-220RESOLUTION NO. 264- 2'W A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2025-16) SUBMITTED BY ST. TROPEZ BEACH DEVELOPERS, LLC FOR THE MULTI -PHASED PROJECT ENTITLED "ST. TROPEZ" TO INCREASE THE NUMBER OF MONUMENT SIGNS PERMITTED FOR PHASE III (MILTON TOWER) FROM ONE (1) TO TWO (2); 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, St. Tropez Beach Developers, LLC (the "Applicant") is seeking approval of a Site Plan Modification (PZ2025-16) to modify the approved site plan for the multi -phased St. Tropez project, which was originally approved by the City of Sunny Isles Beach ("City") pursuant to Resolution No. 05-Z-91, adopted March 22, 2005, and subsequently modified pursuant to Resolutions 06-Z-101, 12-Z-133, 13-Z-137, 15-Z-11, 19-Z-174, and 19-Z-175; and WHEREAS, the Applicant's site plan modification application requests the following: 1. A Site Plan Modification to increase the number of monument signs permitted for Phase III of the project (Milton Tower) from one (1) to two (2), pursuant to Section §265-18 of the City of Sunny Isles Beach Land Development Regulations. Legal Description: Lot 35 and all of Island 35, Lot 36 and Lot A, of BELLA VISTA SUBDIVISION, SECOND REVISED, according to the plat thereof as recorded in Plat Book 50, Page 76, less that part of Lot A conveyed by Deed dated June 5, 1947, recorded in deed Book 2026, Page 297 for right of way for State Road No. 140 and less that portion of Lot 36 and Lot A as described in Condemnation Proceeding Civil Case No. 86-02173, of the Public Records of Miami - Dade County, Florida. Also described as: Lot 35 and all of Island 35, Lot 36 and Tract A, of BELLA VISTA SUBDIVISION, SECOND REVISED, according to the plat thereof as recorded in Plat Book 50, Page 76, less that part of Tract A conveyed by Deed dated June 5,1947, recorded in deed Book 2026, Page 297 for right of way for State Road No. 140 and less that portion of Lot 36 and Tract A as described in Condemnation Proceeding Civil Case No. 86-02173, of the Public Records of Miami - Dade County, Florida. 372 Address: 16690 Collins Avenue, Sunny Isles Beach, Florida Folio: 31-2214-007-0350 WHEREAS, on January 15, 2026, 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 information contained in the City's Staff Report; and WHEREAS, the City Commission reviewed the application for site plan modification, the written and oral information provided by the Planning and Zoning 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 under Resolution No. 05-Z-91, adopted March 22, 2005, and subsequently modified pursuant to Resolutions 06-Z-101, 12-Z- 133, 13-Z-137, 15-Z-11, 19-Z-174, and 19-Z-175, to increase the number of monument signs permitted for Phase III of the project (Milton Tower) from one (1) to two (2), 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 under Resolution No. 05-Z-91, adopted March 22, 2005, and subsequently modified pursuant to Resolutions 06-Z-101, 12-Z-133, 13-Z-137, 15-Z-11, 19-Z-174, and 19-Z-175, to increase the number of monument signs permitted for Phase III of the project (Milton Tower) from one (1) to two (2), is hereby APPROVED subject to all conditions set forth in Section 4 below. K 373 Section 4. Conditions. That the plans in the approval be substantially in accordance with that submitted for public hearing, which are entitled "Monument Sign Milton Tower Rose Cafe" prepared by Ferrin Signs, consisting of five (5) sheets date stamped December 30, 2025. Plans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of 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. Should revisions in the plans 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. 3. 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. 4. 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. 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. lea 374 Section 8. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this day of 6JanuaL,6. CITY OF SUEACH, FLORIDA By its City C By: Larisa Svec in, Mayor A Mauricio Betan�ur, CIVIC, City Clerk APPROVED AS TO FORM AND LE ALSUF ICIENCY: AI in E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: WA 144 Seconded by0�0jt/ #s51 flNG�'- Vote: Mayor Svechin v1 (Yes) (No) Vice Mayor Lama -� (Yes) (No) Commissioner Joseph ✓ (Yes) (No) Commissioner Stuyvesant ✓ (Yes) (No) Commissioner Viscarra (Yes) �(No) 4 W-1