HomeMy WebLinkAboutResolution Zoning 03-Z-73
RESOLUTION NO.03-Z-73
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING
APPLICATION SUBMITTED BY S & G OF MIAMI BEACH, INC.,
(Z2003-01), SUBJECT TO CERTAIN CONDITIONS; PROVIDING
FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on January 17,2003, S&G of Miami Beach, Inc., submitted an application
to the City of Sunny Isles Beach, Florida requesting the following:
1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development
Regulations the Applicant is requesting to transfer 18,000 square feet of development
rights from the City.
2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations
the Applicant is requesting a site plan approval for a 14 story, 88-unit condominium.
3. Conditional Use to permit temporary construction parking.
LEGAL:
All of Lots 5, 6, and 7, Block 9, Sunny Isles Shores Section "B", according to the
plat thereof as recorded in Plat book 65 Page 47 of the public records of Miami-
Dade County, Florida.
ADDRESS: Northeast comer of Atlantic Blvd and 175 Terrace;
And,
WHEREAS, on February 20, 2003, the City Commission conducted a public hearing on
the application submitted by Applicant; and
WHEREAS, the public hearing of the City Commission was advertised and held as
required by law and all interested parties concerned in the matter were heard, and upon due and
property consideration given to the matter and to the positive recommendation of the joint
memorandum from the Planning and Zoning Administrator and Planning Consultant; and
WHEREAS, the City Commission has reviewed the application, and finds substantial
competent evidence to support a showing by the Applicant that the request for site plan approval
and for the Transfer of Development Rights are in compliance with the Land Development
Regulations and the Comprehensive Master Plan of the City and maintain the basic intent and
purpose of the zoning, subdivision or other land use regulations, which is to protect keep in
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general welfare of the public, particularly as it affects the stability and appearance of the
community;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
II. APPROVALS.
The Applicant's request for a Transfer of Development Rights, Site Plan Approval and
Conditional Use to permit construction parking is hereby approved subject to the conditions set
forth below being performed to the satisfaction of the City and subject to all procedures to be
adopted relating to that transfer.
III. CONDITIONS
A. Conditions to be completed before buildine permits are issued or any
construction commenced
1. The Applicant shall submit an up to date appraisal of the property (current to within 60
days) approved by the City and shall pay the amount determined by the City for the
transfer of Eighteen Thousand Square Feet (18,000 sq. ft.) of development rights from
the City (a Sender Site) to the subject property described hereinabove (Receiver Site) as
approved by the City Commission in this Resolution. The Applicant shall submit any and
all other documentation and payments required by the City to effectuate the transfer of
development rights.
2. Upon the submittal of an application for a building permit, the plans submitted shall meet
with the approval of the Planning and Zoning Administrator 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 Ordinance 2003-167 adopted March
20, 2003, the Applicant shall be required to obtain another approval of the City
Commission.
3. That in the approval of the plan, the same be substantially in accordance and consistent
with site plan presented at the City Commission hearing on February 20, 2003, entitled
"The King David at Sunny Isles", prepared by Kobi Karp Architects Interior Designer
consisting of 12 sheets dated 1/14/03 and plan entitled "King David Boundary Survey
and "Conceptual Paving, Drainage, Water and Sewer Plan" and "Existing Driveway
Location", prepared by Fortin, Leavy, Skiles, Inc., consisting of three sheets dated
revised 2/12/03, 1/06/03 and1/06/03 and plans entitled "The King David at Sunny Isles
Lighting Plan", prepared by Franyie Engineers Inc. date sealed 2/12/03 and plans entitled
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"King David at Sunny Isles Landscape", prepared by EGS2 Corp dated 2/12/03. Plans
may be modified at public hearing.
4. That a plan be submitted to the Planning and Zoning Administrator, Landscape Architect
and Planning Consultant including their in-house experts, for their review. Plans shall
include all easements to be proffered by the Applicant to the City, including but not
limited to beach access easements, ten-foot (10') landscaping streetscape easement as per
Streetscape Master Plan, if applicable. Plans shall show the type and size of plant
materials, which shall coordinate with the approved Streetscape Master Plan prior to the
issuance of a building permit. The Applicant shall specifically include in its landscaping
plans 31 Royal Palm trees, as represented to the City Commission, to be provided by
Applicant.
5. That the Applicant submits a Declaration of Restriction in recordable form acceptable to
the Planning and Zoning Administrator prior to submittal for an application for building
permit, which proffers 24-hour valet parking services for owners and guests, among other
things.
6. That the Applicant shall present evidence of performance to the Planning and Zoning
Administrator of the obligation required to qualify for the Floor Area Ratio bonus under
Section 703.9.5 of the code.
a) Enclosed Parking Bonus OAOFAR $ - 0-
c) Sunny Isles Public Parking Bonus 0.25 FAR $ 61,600
d) Collins Ave Streetscape 0.30 FAR $ 73,920
e) Site Assembly Bonus 0.05 FAR $ -0-
Total 1.00 FAR $ 135,520
7. The Applicant shall pay to the City the total contribution for all Floor Area Ratio bonuses
for the development in the amount of One Hundred Thirty-Five Thousand Five
Hundred Twenty and No/lOO ($135,520.00) for the total increase in floor area ratio of
1.0 for a maximum floor area ratio of3.0.
8. The Applicant shall contribute to the Off-Street Parking Fund in an amount equal to the
elimination of 7.5% or ten (10) of the required parking spaces, in accordance with
Section 801.1.2(b).
9. That in the event of multiple ownership, a homeowner's association be established in
accordance with applicable regulations to assure that all common areas and facilities for
the residents, as well as all easements dedicated to the City shall be maintained in
continuous and satisfactory manner, and without expense to the general taxpayers of the
City of Sunny Isles Beach.
10. That the Applicant comply with all conditions and requirements of the Department of
Environmental Resource and Management (DERM), the Fire Department, Water and
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Sewer Department, Department of Environmental Protection (DEP), Florida Department
of Transportation (FDOT).
11. No building permits shall be issued unless the Applicant has submitted all documents
referred under this approval and shall have paid all impact fees, bonuses and Transfer of
Development Rights (if applicable) due to the City.
12. Prior to submitting for building permit the Applicant shall provide a traffic and queuing
analysis acceptable to the City's traffic engineer for their review and comply with
comments from the traffic engineer dated February 14,2002.
13. Prior to submitting for building permit the Applicant shall submit plans to the Planning
and Zoning Department complying with the planning consultants comments.
B. Conditions to be completed before any Certificate of Occupancy is issued.
1. That the Applicant demonstrates that they are in compliance with all terms and
conditions under this approval.
2. 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.
3. The City Manager and lor his/her designee in review of any application, may refer any
such application presented to it to such engineering, planning, legal, technical, or
environmental consultant or professional(s) employed by the City as the Manager shall
deem reasonably necessary to enable himlher to review such application as required by
law. Charges made by such consultants or professionals shall be in accord with the
charges customarily made for such services in Miami Dade County, and pursuant to an
existing contractual agreement by and between the City and such consultant. Charges
made by the City shall be in accord with the hourly rates charges by such consultants or
hourly rates of employed professionals and shall be paid within 30 days on submission of
City voucher.
4. At the time of submission of any application or thereafter, it is required that an escrow
account be established, from which withdrawals shall be made to reimburse the City for
the cost of professional review services, if any. The Applicant shall then provide funds to
the City for deposit into such account in an amount to be determined by the City
Manager, based on his/her evaluation of the nature and complexity of the application.
The Applicant shall be provided with copies of any City voucher for such services as they
are submitted to the City. When the balance in such escrow is reduced to one-third (1/3)
of its initial amount, the Applicant shall deposit additional funds into such account to
bring its balance up to the amount of the initial deposit. If such account is not
replenished within thirty-days (30) after the Applicant is notified, in writing, of the
requirements for such additional deposit, the City may suspend its review of the
application. An application shall be deemed incomplete if any amount shall be
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outstanding. A building permit or Certificate of Use and Occupancy shall not be issued
unless all professional review fees charged in connection with the Applicant's project
have been reimbursed to the City. Once all pertinent charges have been paid, the City
shall refund to the Applicant any funds remaining on deposit.
5. The Planning and Zoning Administrator shall collect all fees required pursuant to the
Land Development Regulations.
C. Other Conditions
1. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the
City upon compliance with all terms and conditions. The Certificate of Occupancy and
Certificate of Use shall be subject to cancellation upon violation of any of the conditions.
2. That the temporary construction parking to be terminated within 60 days from the date of
this resolution.
3. That the approved site plan shall remain valid for a period of24 - months from the date of
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.
4. That the one of the detach signs at the entrance to the development be eliminated.
5. That the Applicant complies with all City Ordinances.
6. That the Applicant shall submit a Declaration of Restrictions, in recordable form,
acceptable to the Planning and Zoning Administrator prior to submittal for an application
for building permit, which proffers the maintenance of the landscape in the swale area
along the frontage ofthe property.
7. That the Applicant shall remove two (2) surface parking spaces located on the south side
and provide landscaping in the area.
8. That the Applicant shall install "No Parking" signs to be located on the swale area at the
front ofthe property.
9. That the condominium documents shall contain this Zoning Resolution and all other
documentation applicable to this zoning approval.
IV. SEVERABILITY AND EFFECTIVE DATE.
1. If any section, subsection, clause of provision of this Resolution is held invalid, the
remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions
in conflict herewith shall be and hereby are repealed.
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2. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 20th day of February 2003.
,ATTEST: f
" . - ~
.'-..2J~ ~~ fA:.-
JmeA. Hines, Acting City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE: ~-O
Mayor Samson
Vice Mayor Edelcup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffinan
~~es _no
~yes_no
~yes_no
~es_no
LYes_no
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CITY OF SUNNY ISLES BEACH, FLORIDA
::ltSC:lf~
David Samson, Mayor
Moved by: Co huy~.V~l\_\n~ Goo~mtW
Second by: ~~M\ s.s, 0 pJ~ \(-A-t.t.F~mMJ
6
STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
I, JANE A. HINES, Acting Clerk of the City of Sunny Isles Beach, Florida, do hereby certify
that the above and foregoing is a true and correct copy of Resolution No. 03-Z-73 adopted by the
City Commission at its meeting held on the :zO~ day of t:' ~ 2003.
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Issued: ~ 2-g~2.003
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Jane . Hines;- ,'. '.'A. ;' ~.: ,'.
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JLVI ed 2/21/03
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