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Home My WebLink AboutReso 2015-2378 RESOLUTION NO. 2015-2,378 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY SUNNY ISLES PROPERTY VENTURE, LLC ("APPLICANT") FOR A MODIFICATION OF AN APPROVED TEMPORARY SALES CENTER; APPROVING A WAIVER OF THE LANDSCAPING AND SETBACK REQUIREMENTS FOR THE TEMPORARY CONSTRUCTION FENCE; 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,the City Commission approved Resolution No.2012-1892,adopted on April, 19th, 2012 for the Chateau Beach temporary sales center("Sales Center"); and WHEREAS,the Sunny Isles Property Venture, LLC("Applicant")has obtained a site plan approval for the project commonly known as "Ritz Carlton Residences" pursuant to Zoning Resolution No. 14-Z-146 , adopted on October, 16th, 2014; and WHEREAS, the Applicant is seeking to modify the existing Sales Center to include additional property located adjacent to the Sales Center; and WHEREAS,the City Commission wishes to approved the request to modify the approved Sales Center for the Ritz Carlton Residences. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,AS FOLLOWS: Section 1. Approval of Application. Pursuant to Section 218-1 of the City Code of Sunny Isles Beach, the City Commission hereby approves the application to modify the existing Sales Center subject to the conditions set forth herein. Section 2. Waiver. The City Commission hereby approves the waiver of the landscape requirements set forth in Sections 265-68 and 265-63.3 E of the City Code of Sunny Isles Beach for the Sales Center, subject to the conditions below. Section 3. Conditions. The Applicant is required to comply with the following conditions: (1) The project shall be developed substantially in accordance with the plans submitted for administrative approval. Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the City Manager or his/her designee. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations. The Applicant f shall be required to obtain approval of the City Commission for changes that would not be considered minor. (2) Removal of the Sales Center must comply with all requirements of the City and Miami-Dade County. Removal shall occur no later than 30 days after Temporary Certificate of Occupancy for the approved site plan under Resolution No. 14-Z- 146. (3) A bond shall be posted by the Applicant for the amount $20,000 that would be necessary if the City were placed in the position of having to remove said temporary sales building or trailer and/or maintain such property. (4) That the Applicant comply with all conditions and permit requirements of the Department of Permitting, Environment and Regulatory Affairs (PERA), the Miami-Dade County Fire Department (MDFD), Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FDOT). (5) If the Applicant does not obtain a building permit within six (6) months of approval of the request to construct the modified Sales Center, this approval shall be deemed null and void. Section 4. Authority of the City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 19th day of February, 201 Georg; H. Scholl, Mayor ATTEST: Cki"- .N (liA446) Jane A. ines„MMC, City Clerk APPROVE) AS TO FORM AND lL : FFICIENCY: 4 lige A ttinot,r ity Attorney Moved by: LSO-{1 Seconded by: 1(lei? Thaypt 6-- 17n-0 Vote: 4-q - Mayor Scholl ✓(Yes) (No) Vice Mayor Gatto ✓(Yes) (No) Commissioner Aelion 1/(Yes) (No) Commissioner Goldman — PQ �, Yes) (No) Commissioner Levin ✓(Yes) (No) ot4NY,s,sf TEMPORARY USE/STRUCTURE APPLICATION c E § -14 # • Application • .al FLO R�O r"" Date Received _ JAN 292015 yF 4`r Initials cr"of tun�� Pz 20,5- od`'n PLANNING & ZONING DEPT. 1. Proposed Project Name:The Ritz Carlton Residences,Sunny Isles Beach 2. Name of Applicant Sunny Isles Property Venture LLC a. If applicant is the owner,give name exactly as recorded on deed. b. If applicant is lessee,attach copy of valid lease of one(1)year or more and Property Owners Sworn-to-Consent. C. If applicant is a corporation,partnership,limited partnership,or trustee,a separate Disclosure of Interest form must be completed. 3. Applicant Mailing Address 1300 Brickell Avenue City Miami State Florida Zip 33131 Tel.#(during working hours) 305.351.1000 Other 4. Name of Property Owner Sunny Isles Property Venture LLC Mailing Address 1300 Brickell Avenue City Miami State Florida Zip 33131 Tel.#(during working hours) 305.351.1000 Other 5. Contact Person David J.Coviello,Esq. Mailing Address 201 S.Biscayne Boulevard,Suite 1500 City Miami State Florida Zip 33131 Tel.#(during working hours) 305.415.9437 Other 4. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION a.if subdivided,provide lot,block,complete name of subdivision,plat book and page number. b.if metes and bounds description,provide complete legal description(including section,township and range). c.if separate request apply to different areas,provide the legal description of each area covered by a separate request. d.attach a separate,typed sheet if necessary. Verify the legal description is correct. See attached Exhibit"A" 5. Address or location of subject property: 15701 and 15795 Collins Avenue,Sunny Isles Beach,FL City of Sunny Isles Beach Planning and Zoning Department 1 6. Zoning District: MU-R 7. Determine type of temporary use proposed: Temporary Sales Center for the Project 8. Determine length of time of temporary use proposed,starting and ending date: April 2015 to April 2016 9. Requirements: a. Site plan drawing showing layout of the intended use/structure along with a business write-up describing dates of operation,hours of operation,parking, safety,etc. b. Emergency plan layout,if applicable. c. Non-refundable payment of$2,500.00 made to the City of Sunny Isles Beach. 11z31 ► S SIGNATURE OF OWNER(APPLICANT) DATE STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrurpent was acknowledged before me this '2 3 day of January 2015,by 'Ea U a r'Lo on behalf of Sunny Isles Property Venture LLe , a Florida (corporation) (partnership) (other) He/She is person y knto me or has produced (type of identification produced) as identification produced and did take an oath. My Commission Expires: No ry Public,Stat- of Florida at Large Prin Name: Sabi'in 1--e Wei r e' r ., 'fir SABRINA FERREIRA j;` V40::.4/1) MY COMMISSION#FF086874 EXPIRES January 27,2018 (407)399.0153 FlorldallotaryService.com afflooragasetesms City of Sunny Isles Beach Planning and Zoning Department 2 EXHIBIT A Property Address: 15701 Collins Avenue,Sunny Isles Beach, FL Legal Description: The North 1/2 of Lot 77, and all of Lot 78, TATUM'S OCEAN BEACH PARK, according to the plat thereof, as recorded in Plat Book 5, at Page 35, of the Public Records of Miami-Dade County, Florida, lying East of the following described line: Beginning 290.00 feet West of the Easterly monument of the South line of Lot 76 of the aforesaid subdivision, thence North 11°11'16" East, for a distance of 611.59 feet to the North line of Lot 81, of said subdivision. *** Property Address: 15795 Collins Avenue, Sunny Isles Beach,FL Legal Description: Lot 79 of TATUM'S OCEAN BEACH PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 35, of the Public Records of Miami-Dade County, Florida, which lies East of the Easterly right of way line of State Road A-1-A per State Road Right of Way Map Section 87060-2104, Miami-Dade County, Florida. ALSO KNOWN AS: Lot 79 of TATUM'S OCEAN BEACH PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 35, of the Public Records of Miami-Dade County, Florida, which lies East of the following described line, namely: Beginning 290 feet West of the most Easterly monument on the South line of Lot 76 of TATUM'S OCEAN BEACH PARK, North 11°11'16" East for a distance of 611.59 feet to the North line of Lot 81 of TATUM'S OCEAN BEACH PARK. EXCEPT: That portion of the aforedescribed premises hereto deeded to Miami-Dade County,Florida, for highway purposes. DISCLOSURE OF INTEREST If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and principal officers or stockholders consist of another corporation (s),trustee (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual(s)(natural persons having the ultimate ownership interest in the aforementioned entity). N/A Corporation Name Name, Address and Office Percentage of Stock If the property which is the subject of the application is owned or leased by a LIMITED LIABILITY COMPANY list the members or stockholders consist of another corporation (s), trustee (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual (s)(natural persons having the ultimate ownership interest in the aforementioned entity). Sunny Isles Property Venture LLC LLC Name Name,Address and Office Percentage of Stock Sunny Isles Venture LLC 100 DREF III FL, LLC 57.746 DREF III FL II, LLC 7.254 Chateau Investment Vehicle, LLC 25 CF Sunny Isles, LLC 10 City of Sunny Isles Beach Community Development Department MIADOCS 9709644 I r . • Recovery Cost Fee Schedule for Planning and Zoning Services Applicable Fees • Flat Application Fee $ 500.00 ❑ Flat Application Pee (Violation) $ 750.00 ❑ SITE PLAN REVIEW Residential $ 1,500.00 ❑ Commercial $ 2,000,00 ❑ Size of Property(Land) Residential • $ 300.00 ❑ Residential over an acre $ 500.00 ❑ Commercial $ 400.00 ❑ Commercial over an acre $ 800.00 0 Size of Building Residential R-1(Each 1,000 sq ft or portion thereof) $ 400.00 ❑ Residential R-TH(Each 2,000 sq ft or portion thereof) $ 200.00 ❑ • Multi-Family Residential (Each 5,000 sq ft or portion thereof) $ 100.00 • ❑ Commercial(Each 1,000 sq ft of portion thereof) $ 500.00 ❑ Number of Units Residential(Single-family/Duplex) $ 300,00 ❑ • Residential(from 3 to 20 units) $ 500.00 ❑ Residential(Over 20 units/Each additional 20 units).. $ 1,000.00 ❑ Variances Residential(Single-Family/Duplex) $ 500.00 ❑ Residential from 3 up to 20 units $1,20'0.00 ❑ Residential 20 units and above $2,000.00 ❑ Commercial $1,000.00 ❑ Conditional Uses • • Residential $1,500.00 ❑ Multifamily $2,200.00 ❑ Commercial . $4,000.00 ❑ LAND USE PLAN AMENDMENT $15,000.00 ❑ REZONING $ 7,500.00 ❑ PLAT $10,000.00 ❑ TRANSFER OF DEVELOPMENT RIGHTS $ 5,000.00 ❑ APPEALS OF ADMINISTRATIVE DECISIONS $ 3,000.00 ❑ TEMPORARY USES(BOND REQUIRED) $ 2,500.00 at After application(s) have been processed by the Planning and Zoning division a not refundable fee of$1,000.00 will be deducted from any fee submitted along with application(s). SHE S B OWEN Q LLP JAN 2 9 2015 /92?0/5 - oa Founded 1910 PLANNING & ZONING DEPT. DAVID J.COVIELLO E-MAIL ADDRESS: PARTNER dcoviello@shutts.com (305)415-9437 Direct Telephone (305)415-9837 Direct Facsimile January 29,2015 VIA HAND DELIVERY Ms.Claudia Hasbun,Zoning Administrator City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 Re: Letter of Intent—Ritz-Carlton Residences/Temporary Sales Center Property: 15701 and 15795 Collins Avenue(collectively,the"Property") Requests: Modification to Resolution No. 2012-1892 Approving a Temporary Sales Center Structure; and Waivers of certain Landscaping and Setback Requirements for Temporary Construction Fence and Temporary Sales Center Structure (collectively,the"Application") Dear Ms. Hasbun: This firm represents the applicant, Sunny Isles Property Venture LLC (the "Applicant"), in connection with its Application. As you know, the Applicant is the developer of the proposed Ritz- Carlton Residences project to be constructed on the Property. On behalf of the Applicant, we respectfully submit this Letter of Intent seeking approval of a modification to the existing,temporary sales center structure on the Property,' and waivers of certain landscaping and setback requirements. Specifically,the Applicant requests approval of the following: The existing,temporary sales center served as the sales center for the Chateau Beach residential project located at 17475 Collins Avenue. 1500 Miami Center•201 South Biscayne Boulevard,Miami,Florida 33131 •ph 305.358.6300•fx 305.381.9982•wwwshutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Ms. Claudia Hasbun, Zoning Administrator City of Sunny Isles Beach January 29, 2015 Page 2 1. In accordance with Section 218.2 of the City's Code, approval of a modification to the existing, temporary sales center structure approved pursuant to Resolution 2012- 1892; 2. Waiver of the setback and landscaping requirements for the temporary construction fence pursuant to Section 265.63.3(E)of the City's Code;and 3. Waiver of the landscaping requirements provided in Section 265-68 of the City's Code for the temporary sales center structure. Minor Modifications to Existing,Temporary Sales Center The Application requests minor exterior alterations to the existing structure pursuant to Resolution 2012-1892, including minor changes to the facade and signage. These alterations will be limited to cosmetic changes only. It is important to note that no additional square footage is proposed. The interior space will remain approximately 5,000 square feet. In addition to the alterations to the structure, the landscaping and hardscaping on the Property will be modified and expanded to accommodate additional parking and a larger lawn/event area as reflected on the enclosed site plan prepared by Arquitectonica(collectively,the"Site Plan"). Waiver of Landscaping/Setback Requirements for Temporary Construction Fence and Temporary Sales Center The Applicant requests a waiver of the landscaping and setback requirements for the temporary construction fence pursuant to Section 265-63.3(E) of the City's Code. As reflected on the Site Plan,the Applicant requests that the temporary construction fence be placed on the property line along Collins Avenue rather than at the required six (6) foot setback. The purpose of the waiver is to maximum the visibility of the approved mural for the Project, which will be affixed to the temporary construction fence. Because the fence will be placed on the property line, we also request a waiver of the required landscape buffer that would ordinarily be placed in front of the fence. The Applicant also requests a waiver of certain landscaping requirements provided in Section 265-68 of the City's Code for the temporary sales center. As reflected on the Site Plan, the landscaping and hardscaping will be modified to provide additional parking and a larger lawn/event area. Although the temporary sales center will be beautifully landscaped, the Applicant requires a degree of flexibility to accommodate the intended design. Note that the Applicant has received Field Permit from the Florida Department of Environmental Protection for the modified landscaping and hardscaping improvements, including the additional parking and larger lawn/event area. 1500 Miami Center•201 South Biscayne Boulevard,Miami,Florida 33131 •ph 305.358.6300•fx 305.381.9982•wwwshutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Ms.Claudia Hasbun, Zoning Administrator City of Sunny Isles Beach January 29, 2015 Page 3 Based on the foregoing, we respectfully request your favorable review and recommendation of the Application. In the event you have any questions or require anything further, please do not hesitate to contact me at 305-415-9437. Sincerely, Shutts&Bowen LLP David J. Coviello DJC/sm Enclosures cc: Sunny Isles Property Venture LLC MIADOCS 10390572 1 16821.0027 1500 Miami Center•201 South Biscayne Boulevard,Miami,Florida 33131 •ph 305.358.6300•fit 305.381.9982•www.shRtts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM ,s,.$:='-''''--1,1 -, O �� F. 4 ;�n ��P P9',-F L O 0. C'?'0-7573 4 ''''° CITY OF SUNNY ISLES BEACH SITE ANALYSIS REPORT TEMPORARY SALES CENTER MODIFICATION RITZ CARLTON PROJECT I. Applicant Name: Sunny Isles Property Venture, LLC 1300 Brickell Avenue Miami, FL 33131 Project name: The Ritz Carlton Residences Sales Center II. Site Information Location: 15795 and 15701 Collins Avenue. Land Use: Mixed Used-High Density Resort Zoning: Mixed Use Resort(MUR) Total Land area: 95,988 sq ft/2.2 acres Existing Use: Chateau Sales Center(15795 Collins Avenue) Old Solis -Under demolition (15701 Collins Avenue) Proposed Use: Temporary Sales Center with an expanded parking and lawn/event area. (Sales Center square footage to remain approximately 5,000 sq. ft) Landscaping: To reflect plans received dated January 29, 2015 developed by Arquitectonica. Color Palette: To reflect plans colors received dated January 29, 2015 developed by Arquitectonica. Signage: One(1) monument sign (78sq ft— 11' 6" in height) Two wall signs—not to exceed 35 square feet each. 1 Driveway Standards: Driveway access complies with the minimum driveway standards. Lighting: Lighting must comply with minimum outdoor standards at the time of building permitting. Parking requirement: Use Required Provided Business and Professional 1 space/300 sq ft. 54 Parking Spaces Offices 17 Parking Spaces 3 handicap Spaces Staff Analysis: The Applicant is requesting approval for a temporary sales center modification. The modification consists of a new façade and signage of the existing sales center structure and an expansion of the parking area and the creation of a lawn/event area. However, the square footage for the sales center remains the same as existing. Under this modification, the Applicant is requesting a waiver of the landscaping requirements and also a waiver of the landscaping and setback requirements for the temporary construction fence. Please note that the Applicant is demolishing the old Solis project and the expansion of the sales center is to be placed at that location. Conditions: (1)The project shall be developed substantially in accordance with the plans submitted for administrative approval. Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the City Manager or his/her designee. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations. Result in a change that would not be considered minor; the Applicant shall be required to obtain approval of the City Commission. (2) Removal of the sales center must comply with all City and County requirements. Removal shall occur no later than 30 days after Temporary Certificate of Occupancy for the approved site plan under Resolution No. 14- Z-146. (3) A bond shall be posted by the applicant for the amount $20,000 that would be necessary if the City were placed in the position of having to remove said temporary sales building or trailer and/or maintain such property. (4) That the Applicant comply with all conditions and permit requirements of the Department of Permitting, Environment and Regulatory Affairs (PERA), the Miami-Dade County Fire Department (MDFD), Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation(FDOT). (5) If the Applicant does not obtain a building permit within six (6) months of approval of the request to construct the modified sales center,the approval shall be deemed null and void. 2 2/12/2015 Item Coversheet kg- { "P City of Sunny Isles Beach > 'c, 18070 Collins Avenue 1; . ; Sunny Isles Beach, Florida 33160 .\" .M `J9`�.� op + (305)947-0606 City Hall �'r, �' FLo `4�y`'� (305)949-3113 Fax r" of sot+ +' MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher Russo, City Manager FROM: Claudia Hasbun, Planning and Zoning Administrator DATE: 2/19/2015 Sunny Isles Property Venture, LLC - Ritz Carlton ("Applicant") RE: Modification of Temporary Sales Center PZ2015-02 15795 and 15701 Collins Avenue RECOMMENDATION: Staff does not have any objection to the proposed sales center provided that the conditions set forth are satisfied. REASONS: The Applicant is requesting approval for a temporary sales center modification located at 15795 and 15701 Collins Avenue. The modification consists of a new façade and signage of the existing sales center structure and an expansion of the parking area and the creation of a lawn/event area. However, the square footage for the sales center remains the same as existing. Under this modification, the Applicant is requesting a waiver of the landscaping and setback requirements for the temporary construction fence. Please note that the Applicant is demolishing the old Solis project and the expansion of the sales center is to be placed at that location. ATTACHMENTS: http://sunnyisles.novusagenda.com/CoverSheet.aspx7ItemID=1570 1/2 2/12/2015 Item Coversheet Description Resolution Application Letter of Intent Staff Report Item Number: 10.C. http://sunnyisles.novusagenda.com/CoverSheetaspx?ItemID=1570 2/2