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HomeMy WebLinkAboutResolution Zoning 04-Z-85 RESOLUTION NO. 04-Z-85 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY SUNNY ISLES DEVELOPMENT COMPANY LLC., (THE "APPLICANT"), (Z2003-16) FOR TRANSFER OF DEVELOPMENT RIGHTS ("TDRs"), IN THE AMOUNT OF 50 DWELLING UNITS AND 126,737 SQUARE FEET OF FLOOR AREA, PURSUANT TO SECTION 265-23 OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR's), AND SITE PLAN APPROVAL, PURSUANT TO SECTION 265-18 OF THE LDR's, AND THE UTILIZATION OF 1.50 BONUSES OF FLOOR AREA RATIO (FAR) TO PERMIT THE DEVELOPMENT OF "SEA", A 45 STORY, 236-UNIT CONDOMINIUM PROJECT, ON THE PROPERTY LOCATED AT 16901 COLLINS AVENUE, SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, SUNNY ISLES DEVELOPMENT COMPANY LLC. (the "Applicant") submitted an application to the City of Sunny Isles Beach, Florida ("the Application") (Z2003-16), requesting the following: 1 Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a transfer of 126,737 square feet of development rights and 50 dwelling units from the City TDR Bank to the Project. 2 Pursuant to Section 265-18, of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for a 45 story 236-unit condominium project named "SEA" (the "Project"). LEGAL: Parcell All that part of the North 100 feet of the South 300 feet of Lot 1, of TATUM'S OCEAN PARK SUBDIVISION, according to the plat thereof, as recorded in Plat Book 10 at Page 64 of the Public Records of Miami-Dade County, Florida, extending from the Erosion Control Line of the Atlantic Ocean, said line recorded in Plat Book 134 at Page 47 of the Public Records of Miami- Dade County, Florida, to the East right of way of State Road A-1-A (formerly State Road 140), as said road is shown on a Plat thereof, recorded in Plat Book 47 at Page 101, of the Public Records of Miami-Dade County, Florida. Parcel 2 All that part of the North 100 feet of the South 200 feet of Lot 1, of TATUM'S OCEAN PARK SUBDIVISION, according to the plat thereof, as recorded in Plat Book 10 at Page 64 of the Public Records of Miami-Dade County, Florida, extending from the Erosion Control Line of the Atlantic Ocean, said line recorded in Plat Book 134 at Page 47 of the Public Records of Miami- 04-Z-85 SEA 1 Dade County, Florida, to the East right of way of State Road A-I-A (formerly State Road 140), as said road is shown, on a Plat thereof, recorded in Plat Book 47 at Page 101, of the Public Records of Miami-Dade County, Florida. Parcel 3 The Southerly 100 feet of Lot 1, of TATUM'S OCEAN PARK SUBDIVISION, according to the plat thereof as recorded in Plat Book 10 at Page 64 of the Public Records of Miami-Dade County, Florida, said property described as follows: Bounded on the West by the East right of way line of Ocean Boulevard (State Road A-I-A and State Road 140), said road recorded in Plat Book 47 at Page 101 of the Public Records of Miami- Dade County, Florida; bounded on the East by the Erosion Control Line of the Atlantic Ocean, said line Recorded in Plat Book 134 at Page 47 of the Public Records of Miami-Dade County, Florida, bounded on the North by the Northerly line of the Southerly 100 feet of Lot 1; bounded on the South by the Southerly line of referenced Lot 1. ADDRESS: 16901 Collins Avenue; WHEREAS, on June 17, 2004, the City Commission conducted a public hearing on the Application; 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 Application; and WHEREAS, the City Commission reviewed the Application, 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 Application, including the recommended conditions, and found substantial competent evidence to support a showing by the Applicant that the requests for the transfer of development rights and for site plan approval 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. 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. INCORPORATION OF RECITALS. All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. 04-Z-85 SEA 2 III. APPROVALS. A. The Applicant's request for approval of the Property as a receiver site and for approval of the transfer of 50 dwelling units and 126,737 square feet of development rights from the City's TDR Bank to the Property, pursuant to Section 265-23 of the LDR's, is hereby granted, and, subject to conditions outlined herein, the City Commission finds such transfer consistent with the goals, policies and objectives of the Comprehensive Plan and the expressed purpose of Section 265-23 of Code of the City of Sunny Isles Beach as further amended by Ordinance No.2004-200. B. The Applicant's request for approval of the site plan submitted for the Project known as "SEA" is hereby granted and said site plan is hereby approved, subject to the actual transfer of the development rights, and to all of the conditions provided in Section IV of this Resolution. IV. CONDITIONS A. Conditions to be completed before below grade or building permits, including foundation permits, are issued or construction of any nature is commenced 1. That the Applicant shall submit any and all other documentation and payments required by the City to effectuate the transfer of development rights and further procedures being developed to effectuate this program, notwithstanding the fact that such procedures may be formally adopted subsequent to this particular approval, prior to submitting for building permit. 2. That in the approval of the plan be substantially in accordance with that submitted for public hearing. Plans are on file entided "SEA", prepared by The Seiger Suarez Architectural Partnership consisting of 26 sheets dated 2-16-04 and 5 sheets dated revised 3-10-04, sheet C-01 dated 10-31-03, sheet PH 1 dated 3-11-03, for a total of 33 sheets. Plans may be modified at public hearing. 3. 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 shall 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 and these conditions. Should compliance with these conditions and recommendations result in a change that would not be considered "minor" in accordance with Section 265-18 (I) Code of the City of Sunny Isles Beach, the Applicant shall be required to obtain another approval by the City Commission. 4. That a plot plan be submitted to the Planning and Zoning Administrator, Landscape Architect and Planning Consultant including their in-house experts, for their review. The plot plan shall include all easements proffered by the Applicant to the City, including but not limited to (i) a beach access easement exactly as shown on the Site Plan and as represented by the Applicant to the City Commission (the "Beach Access Easement"), (ii) a ten-foot (10') landscaping streetscape easement as per the City Streetscape Master Plan (the "Streetscape Easement"), and (iii) the 10,000 square foot public oceanfront park 04-Z-85 SEA 3 (the "Oceanfront Park") and, if applicable, other amenities. The plot plan shall show the type and size of plant materials, which shall be in compliance with the City's Streetscape Master Plan. 5. That the Applicant submit a Declaration of Restrictive Covenants (the "Declaration") in recordable form, in accordance with the provisions of Section 265-23.7.1(e) of the Code of the City of Sunny Isles Beach, acceptable to the Planning and Zoning Administrator, prior to submittal of an application for a building permit. The Declaration shall proffer the Beach Access Easement, the landscaping Streetscape Easement, and the Oceanfront Park, and easements over, across, under and through all of these easements, all of which shall be fully accessible to the public and clearly designated, by means of signage approved in writing by the City Manager or its designee, as amenities open to all members of the public. The provision of twenty-four (24) hour valet parking services for owners and their guests shall be included in such Declaration. 6. The Declaration shall specify that the proffered Beach Access Easement and the Oceanfront Park, shall be fully landscaped and equipped with public amenities including, but not limited to, benches and lighting (the "Public Amenities") and including a shower at the beach end of the beach access. The Applicant shall maintain all of the easement parcels, including but not limited to the Beach Access Easement, Landscaping Streetscape Easement, and Oceanfront Park, in perpetuity, to a standard reasonably acceptable to the City Manager. 7. That the applicant submit evidence of purchase of the required 126,737 square feet of TDR's (50 Dwelling Units) for the approval of the City administration, which shall then, in accordance with Section 265-23.7.2, of the Code of the City of Sunny Isles Beach, advise the City Commission that this condition has been met and which shall at the same time submit a resolution for approval of a revised Bank Statement, adjusted to reflect the approved site and the units ofTDR's attributable to the SEA, which Bank Statement shall also reflect all approved sites and the units of TDR' s attributable to each site. 8. That the Applicant shall present evidence of performance to the Planning and Zoning Administrator of the obligations required to qualify for the following Floor Area Ratio bonuses under Section 265-35(D)(9)[2](c) of the Code of the City of Sunny Isles Beach. In the event Applicant has done so prior to issuance of building permit, the Applicant shall acquire the following Floor Area Ratio Bonuses: a) Beach Access Easement 0.10 FAR $ -0- b) Beach Access Trust Fund 0.20 FAR $ 348,180 c) Public Beach Rec. Enhancement 0.50 FAR $ 870,450 d) Collins Ave Streetscape 0.30 FAR $ 522,270 e) Sunny Isles Public Parking 0.20 FAR $ 348,180 f) Public Ocean Park 0.20 FAR $ -0- The total contribution for all Floor Area Ratio bonuses for the Project is $2,089,080 for a total increase in floor area ratio of 1.5 for a maximum floor area ratio of 4.0. If 04-Z-85 SEA 4 development is permitted in phases, the bonus contribution shall be pro rated for each phase. 9. That the Applicant shall comply with all conditions and requirements of the Department of Environmental Resource and Management (DERM), the Fire Department, Water and Sewer Department, Department of Environmental Protection (DEP), and Florida Department of Transportation (FOOT). 10 The Applicant will abide by all City and County ordinances relating to the hours of operation for construction commencement and termination. The Applicant will use its best efforts to minimize vibration and noise during the construction of the Project. 11. That all overhead utilities adjacent to the public right-of-way on the Project site shall be placed underground in order to insure the public safety during an evacuation procedure and to insure the ability of the City to restore public utility service subsequent to a storm event. 12. That under grounding of utilities shall be accomplished as mandated by Section 250-09 thru 250-16 of the Code of the City of Sunny Isles Beach and the City Streetscape Master Plan. If not otherwise funded by the Collins Avenue Streetscape contribution provided in Section 265-35, this shall include the purchase, replacement and installation of light poles that conform to Streetscape Master Plan requirements. The Applicant shall coordinate with the City Manager on this issue. 13 That the Applicant shall submit plans for the construction of an appropriate barrier between the construction site and adjoining properties in order to minimize blowing of sand and debris. The Applicant will abide by all City and County ordinances relating to the hours of operation for construction commencement and termination. The Applicant will use its best efforts to minimize vibration and noise during the construction of the Project. 14. That no wall, fence, or visual obstruction of any kind shall be placed within 25 feet of the Collins A venue public right of way and no such wall or fence shall in any way obstruct the Beach Access Easement. No portion of the Beach Access Easement shall be utilized for vehicular access to the parking garage or to main structure loading docks. 15. That paving within the front setback shall consist of pavers or other decorative materials approved by the Building Official. Under no circumstances shall asphalt concrete or plain concrete be utilized as paving in the front setback. 16. That Applicant has submitted all documents required under this Resolution and all impact fees, bonuses, and transfer of development right monies, if applicable, and professional fees in accordance with Section 267 of Code of the City of Sunny Isles Beach and other applicable Land Development Regulations due to the City have been paid. 04-Z-85 SEA 5 17. That in the event of multiple ownership, a homeowner's association or, if the Property is submitted to condominium regime, a condominium association, shall be established in accordance with applicable regulations to insure that all common areas and facilities for the residents, as well as all easements dedicated to the City hereunder shall be maintained in a continuous and satisfactory manner, without expense to the general taxpayers of the City of Sunny Isles Beach. A copy of this Resolution shall be recorded at the expense of the Applicant, a copy of the recorded Resolution delivered to the City, and a copy of this Resolution and other recorded documents shall be included in any condominium documents recorded for this Project. 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 Application described herein and shall have paid all other fees previously due to the City. 3. That pursuant to Section 267 of Code of the City of Sunny Isles Beach, the City Manager and lor his/her designee in review of any application, may continue to refer the subject 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, and pursuant to a contractual agreement by and between the City and such consultants and shall be a continuing obligation of the Applicant. Charges made by the City shall be in accord with the hourly rates charged by such consultants or hourly rates of employed professionals and shall be paid within 30 days of 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 hislher 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 (113) 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 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. 04-Z-85 SEA 6 5. 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 approval, 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 shall obtain 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 Site Plan approval shall remain valid for a period of 24-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. 3. That the Applicant shall comply with all City Ordinances. 4. That this Resolution and all conditions contained herein shall be binding upon Applicant, its successors and/or assigns. 5. That all median openings are approved by the City prior to commencement and that the median openings meet the requirements of the Sunny Isles Beach Median Closing Traffic Study as approved by City Resolution 2003-598. 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) OR OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HA VE BEEN TRANSFERRED PROFESSIONAL FEES SECTION 267 OF CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS. 04-Z-85 SEA 7 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 WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER TIDS 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 17th day of June, 2004. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission ~' ATTEST: '.' .~~ , Jane A. HInes, City Clerk VOTE: S-D Second by: ~~~~~~ZltV ~~W-6~ ~~~[~ Moved by: Mayor Norman Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler ~es ~ I~ es _no _no _no _no _no 04-Z-85 SEA 8 STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, JANE A. lllNES, 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. 04-Z-85 adopted by the City Commission at its meeting held on the ~day of ~\.;"'V'0L- , 2004. Issued: ~~ ':1. ~ ;1.-00t-4 \ '~(W.Aw~' . , . Jane A. Hines". City Clerk 04-Z-85 SEA 9