HomeMy WebLinkAboutResolution Zoning 04-Z-81
RESOLUTION NO. 04-Z-81
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING
APPLICATION SUBMITTED BY MPSI USA CORP. (Z2003-12)
SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN
EFFECTIVE DATE.
I. RECITALS.
WHEREAS, MPSI USA Corp., submitted an application to the City of Sunny Isles Beach,
Florida requesting the following:
1. Conditional Use pursuant to Section 265-35(c)(3) of the Code of the City of Sunny Isles
Beach, to permit a nightclub in the Mixed Use Resort District (MU-R).
LEGAL DESCRIPTION: The South 300 ft ofthe North 400 feet of Lot or Tract 1, Lying east ofthe
State Highway A-1-A (Collins Avenue) as shown on the plat entitled "Subdivision of
Government Lot 6, in Section 2, Township 52 South, Range 42 East, and Government Lots 1,2,4
and portions of Lots 5 and 6, Section 11, Township 52 South, Range 42 East made by Tatum's
Ocean Park Co., according to the map or plat thereof, as recorded in Plat Book 10 at Page 64 of
the Public Records of Miami-Dade County, Florida.
and
That part of the North 54.00 feet of the West 21.00 feet of Track "N", amended Plat of Biscayne
Beach, a subdivision recorded in Plat Book 44, at page 42, of the public Records of Dade County,
Florida, more particularly described as follows:
Commence (P.O.C.) at the Northeast comer of Tract "N" said comer being on the Westerly Right-
of-Way line of State Road A-I-A. Also known as Ocean Boulevard or State Road 140, and run
Due West along the Northerly line of said Tract "N" along a line of 185tb Street, a distance of
375.67 feet; thence run Due South, a distance of 20.00 feet to the Southerly line of 185tb Street, to
the Point of beginning (P.O.B.); thence run Due South, a distance of 34.00 feet; thence run Due
West along a line parallel to and 54.00 feet distance South of the Northerly line of said Tract "NO',
a distance of 210.00 feet to the face of a concrete bulkhead cap on the Easterly shore of North
Biscayne Bay, thence run Northwesterly along the face of said bulkhead cap, having a Chord
distance of 54.46 feet, Bearing N.70 28' 10" W., to the Northerly line of said Tract "N". Thence
run pue East along the Northerly line of Tract "N", a distance of 154.55 feet to a Point of
Curvature of a Circular Curve concave Northeasterly and having a Radius of 20.00 feet; thence
run Southeasterly along the Arc of said Curve, along the Westerly boundary of 185tb Street,
through a Central Angle of 900, a distance of 31.42 feet to the Point of Tangency (P.T.) on the
Southerly line of 185tb Street; thence run Due East along the Southerly line of 185th Street,
parallel to and 20.00 feet distant from the Northerly line of Tract "N", a distance of 42.53 feet to
the Point of Beginning (P.O.B.)s
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LOCATION: 18401Collins Avenue;
And,
WHEREAS, on Aprill, 2004, 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
proper 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, notice has been provided to all interested parties and a neighboring
jurisdiction regarding the application; 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 conditional use is
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 the 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. INCORPORATION OF RECITALS.
All Recitals are incorporated into the body of this Resolution as if same were fully set forth
herein.
III. APPROV ALSIDENIALS.
The application of MPSI USA Corp, is hereby resolved with modifications as follows:
Approved:
The applicant is requesting a Conditional Use to permit a nightclub in the Mixed Use
Resort District (MU-R).
IV. CONDITIONS
The approval and all conditions listed below are transferable to applicant's successor, buyers or
assignee and subject to the conditions set forth below being performed to the satisfaction of the
City.
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A. Conditions to be comoleted before below S!rade or buildinS! oermits are issued.
1. Upon submittal of an application for a building permit, the plans submitted shall meet
with the approval of the Zoning Director. Plans shall include among other things but not
be limited thereto, site plan depicting zoning legend, location of structure or structures,
building elevations, drainage plan, lighting plan, landscaping and irrigation plan, off
street parking areas, exists and entrances, traffic analysis, signage, etc.
2. That in the approval of the plan, the same be substantially in accordance with that
submitted for ''Thunderbird Hotel Enlarge Floor Plan", prepared by Kobi Karp Architects dated
09-08-03 consisting of 2 sheets. Plans may be modified at public hearing.
B. Conditions to be comoleted before any Certificate of Occuoancy 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 hislher 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 him/her 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. 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 of submission of City
voucher.
C. Other Conditions:
1. That the applicant shall obtain a Certificate of Use and Certificate of Occupancy from the
City upon compliance with all terms and conditions. The Certificate of Use and
Certificate of Occupancy shall be subject to cancellation upon violation of any of the
conditions.
2. That the applicant provides valet parking services for the patrons of the restaurant I
nightclub during hours of operation.
3. In the event the proposed nightclub use results in increase police activity, owner shall
take appropriate measures, at Owners sole expense, as determined and directed by the
City Manager, including but not limited to the use of off-duty police officers or other
security personnel, to ensure that no additional demand is placed on the City's Police
Department.
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4. That the nightclub use operate in conjunction with the restaurant use and maintain the
same hours of operation of the restaurant or close by 2:00 A.M., whichever is earliest.
V. 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.
2. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 1st day of April, 2004.
CITY OF SUNNY ISLES BEACH, FLORID
By its City Commission
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J~ne A. Hines;Ctty Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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Lynn M. Dannheisser, City Attorney
Moved by:
V\6l W\~~.y' ~~iW
CeVv\m..\ ~~ \J)I\JCl~ I...!ML <CJ<.
Second by:
VOTE: S-D
Mayor Norman Edelcup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
yes V
yes V
yes V
yes V
yes-lL
no_
no_
no_
no_
no_
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STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
I, JANE A. IDNES, City 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-81 adopted by the
City Commission at its meeting held on the .r:day of April, 2004.
Re -Issued: A~,~ \~) -ZOOt..!
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Jane A. Hines, City Clerk
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