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HomeMy WebLinkAboutReso 2015-2484 1 RESOLUTION NO. 2015- 214 a- A RESOLUTION OF THE CITY COMMISSION OF THE CITY.OF SUNNY ISLES BEACH,AMENDING RESOLUTION NO. 12-Z-126 TO MODIFY THE REQUIREMENT FOR UNDERGROUNDING UTILITY LINES TO REQUIRE THE DEVELOPER OF THE CHATEAU BEACH RESIDENCES PROJECT TO PAY THE COSTS OF THE UNDERGROUNDING DIRECTLY TO THE CITY OF SUNNY ISLES BEACH; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Zoning Resolution No. 12-Z-126 ("Resolution"), adopted on March 1, 2011, the City of Sunny Isles Beach approved a site plan application filed by the Applicant of the Chateau Beach Residences Project for the property located on 17475 Collins Avenue; and WHEREAS, Section 250-12 of the City Code requires developers of new construction projects to underground utility lines along the front of their properties; and WHEREAS, the Applicant is required to pay its pro-rata share for the undergrounding of utility lines along the frontage of its property pursuant to the Resolution and City Code; and WHEREAS, the Applicant has agreed to pay the City the cost of the undergrounding of the utility lines within one hundred twenty (120) days from the date of approval of this Resolution; and WHEREAS, the City Commission wishes to modify Resolution No. 12-Z-126 to permit the Applicant to pay directly to the City the costs for undergrounding of the utility lines. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Amendment. The City Commission hereby approves the amendment to Resolution No. 12-Z-126 to modify the requirement for the undergrounding of utility lines to require the Applicant/Developer of Chateau Beach Residences to pay the costs of the undergrounding directly to the City of Sunny Isles Beach, subject to the conditions set forth in Section 3 below. Section 2. Authorization of City Manager and City Attorney. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. 82015-Chateau Beach Undergrounding Page 1 of 2 Section 3. Conditions. The Applicant is required to comply with the following conditions: (1) The Applicant/Developer shall pay the amount of$147,795.00 to the City for the cost of undergrounding in accordance with Section 250-12 of the City Code and the approval Resolution within one hundred twenty (120) days from the adoption of this Resolution. (2) If the Applicant/Developer fails to pay the amount set forth above, or actual cost if less than amount set forth above, the City has the right to take certain actions to collect the required amount for the undergrounding of utility lines including but not limited to revoking the certificate of occupancy issued for the Chateau Beach Residences or filing a lien against the property located at 17475 Collins Avenue. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED and ADOPTED this 19th day of November 2015. George . Scholl, Mayor ATTES Jane A. Hints, MMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 42112.-- Hans Ottinot, City Attorney Moved by: Seconded by: Al �.y„ T D Vote: S—b Mayor Scholl V (Yes) (No) Vice Mayor Gatto ✓(Yes) (No) Commissioner Aelion ( ,(Yes) (No) Commissioner Goldman j es) (No) Commissioner Levin (Yes) (No) R2015-Chateau Beach Undergrounding Page 2 of 2 1 Item Coversheet Page 1 of 1 r,,-- �S,F City of Sunny Isles Beach .:;'fir City Sunny • 18070 Collins Avenue IZ Sunny Isles Beach,Florida 33160 ••per' L.-! QP �, ,�v,o"s ; (305)947-0606 City Hall '''.•o.i..i.,''' (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo,City Manager FROM: Claudia Hasbun, Planning and Zoning Administrator DATE: 11/19/2015 RE: Request to Modify Undergrounding Utility Lines for the Chateau Beach Project RECOMMENDATION: This request is presented for your consideration. REASONS: The Chateau Beach Project is required to underground their utilities (Electricity, cable, phone) in front of their property. The project is requesting instead to pay to the City the pro-rata share fee for the undergrounding since the City has started efforts for the undergrounding of utilities. ATTACHMENTS: Description Resolution Item Number: 10.L. A. http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1798 11/12/2015