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HomeMy WebLinkAboutResolution Zoning 04-Z-82 RESOLUTION NO. 04-Z-82 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICATIONS SUBMITTED BY FORTUNE BEACH, LLC (Z2004-02), SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, Fortune Beach, LLC (the "Applicant") submitted a application to the City of Sunny Isles Beach, Florida (the "Application") requesting the following: 1. Modification of a previously approved site plan under Resolution 03-Z-78, to permit the proposed development to incorporate cabanas within the parking garage. LEGAL: The South 300 ft of the North 400 feet of Lot or Tract 1, lying east of the State Highway A-I-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 (the "Property"). ADDRESS: 17001 Collins Avenue; WHEREAS, on May 6, 2004, the City Commission conducted a public hearing on the Applications; and WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the matter and to the positive recommendation contained in the joint memorandum from the Planning and Zoning Administrator and the Planning Consultant; and WHEREAS, notice was provided to all interested parties regarding the Applications, and WHEREAS, the City Commission reviewed the Applications, the written and oral recommendations of the Planning and Zoning Administrator and the Planning Consultant and all outside consultants who render reports with respect to the Applications, including the recommended conditions and found substantial competent evidence to support a showing by the Applicant that the requests 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 the general welfare of the public, particularly as it affects the stability and appearance of the community. Jade cabana resolution 1 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS SUCCESSORS OR ASSIGNS, AS FOLLOWS: II. INCORPORA TION OF RECITALS. All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. II. APPROV ALSIDENIALS. The application of Fortune Beach, LLC, is hereby approved as follows, subject to the following conditions: 1. Modification of a previously approved site plan under Resolution 03-Z-78, to permit the proposed development to incorporate cabanas within the parking garage. III. CONDITIONS A. Conditions to be comoleted before buildinS! oermits. includinS! foundation oermits. are issued or construction of any nature is commenced 1. That the Property be developed substantially in accordance with the site plan previously submitted for "Jade Beach", prepared by Carlos A. Ott Architect, RVL Architects, Kobi Karp Architects dated stamp received 3-10-04 on sheets consisting of 6 sheets. The Site Plan may be modified at public hearing only, unless there is a "minor" modification as outlined in Section 265.18 of the Code of the City of Sunny Isles Beach. 2. That 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 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 these conditions. Should compliance with these conditions result in a change that would not be considered "minor" in accordance with Section 265.18 of the Code of the City of Sunny Isles Beach, the Applicant shall be required to obtain another approval by the City Commission. 3. That the applicant comply with all conditions and permit requirements of the Department of Environmental Resource and Management (DERM), the Fire Department, Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FOOT). 4. That all other condition and plans approved under Resolution 03-Z-78 remain in affect, as well all other regulations start-up and completion of development under Section 265.3 of the Code of Sunny isles Beach. Jade cabana resolution 2 B. Conditions to be comoleted before any Certificate of Occuoancv is issued. 1. That the Applicant demonstrates that it is in compliance with all terms and conditions of this Resolution. 2. That the Applicant shall pay all remaining fees related to the review of the Applications described herein and shall have paid all other fees previously due to the City including Building Department review fees. 3. That in the event all required public improvements including, but not limited to, the Beach Access Easement, Oceanfront Park, Public Amenities, and Public Facilities have not been completed, the Applicant shall furnish a payment and performance bond in an amount determined by the Building Official to ensure Applicant's performance of public improvements required pursuant to the Site Plan, in accordance with recommendations of the Building Official after review of construction plans submitted and based on the approval provided in this Resolution. Any such bond shall be issued by a surety having a minimum rating of A-I in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of written notice from the issuer of the bond of intent to cancel or not to renew". As improvements are made the City, within its discretion, may reduce or eliminate the bond amount. These rights reserved by the City with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the City may have under this Resolution, in law or in equity. 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 Applicant complies with all City Ordinances applicable to development and permit approvals. 3. That the cabanas can only be sold to unit owners within the development. NO BUILDING PERMIT SHALL BE ISSUED (EXCEPT FOR DEMOLITION AND SALES CENTER) UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY (IF APPLICABLE), PROFESSIONAL FEES (AS PER SECTION 267.4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS. Jade cabana resolution 3 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 WITmN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER TmS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. 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 6th day of May, 2004. \~ ~ , J': f^. f " 1~T: ,,' ','. .~~ i ,k:- ~.~ Jane . Hines, City Clerk D AS TO FORM NCY: Moved by: (1~~ IGL<tStltl'S Second by: C1~~ ~RE.2IN \ Jade cabana resolution 4 VOTE: ~-o Mayor Norman Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler Jade cabana resolution ~yes _no 'G!.es no -v:.es_no =-yes_no K'yes_no 5 STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) I, JANE A. HINES, 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-82 adopted by the City Commission at its meeting held on the 6th day of May, 2004. \ -- ~ ~.~ Jane A. Hines, Cit-y Clerk ',_ .. Issued: -' ~ ll, 2DQ'f \ ' ./ Jade Resolution 6