Loading...
HomeMy WebLinkAboutResolution Zoning 05-Z-89 RESOLUTION NO. 05-Z-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICATION SUBMITTED BY FORTUNE OCEAN, LLLP, A FLORIDA LIMITED LIABILITY PARTNERSHIP (Z2004-09), FOR TRANSFER OF DEVELOPMENT RIGHTS ("TDRs"), IN THE AMOUNT OF 59 DWELLING UNITS AND 129,216 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 "JADE BEACH II", A 49 STORY, 256 UNIT CONDOMINIUM PROJECT, ON THE PROPERTY LOCATED AT 17121 COLLINS AVENUE, SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on October 7,2004 FORTUNE OCEAN, LLLP (the "Applicant") submitted an application to the City of Sunny Isles Beach, Florida, requesting the following: 1 Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval of the Property (hereinafter described), as a Receiving Site, for 59 dwelling units and 129,216 square feet of development rights to be purchased from a private seller, which application is attached as Exhibit "B" 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 49-story, 256-unit condominium project to be known as Jade Beach II (the "Project"). LEGAL: The North 100 feet of Tract 1, and the South 200 feet of the Lot or Tract 2, lying east of 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: 17121 Collins Avenue; WHEREAS, on February 10, 2005, 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 R05-Z-89 Jade Beach II 1 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 ofthis Resolution as if same were fully set forth herein. III. APPROVALS. A. The Applicant's request to approve the subject site as a Receiver Site for the transfer of 59 units and 129,216 square feet of development rights from those development rights approved by this Commission under Resolutions No. 2004-681 and No. 2004-685 ("the Casino TDR's") is hereby granted and the City Commission finds such transfer and approval of Receiver Site consistent with the goals, policies and objectives of the Comprehensive Plan and the express purpose of Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, as amended. B. The Applicant's request for approval of the site plan submitted for the Project known as "Jade Beach II" 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 era de or buildine permits. includine foundation permits. 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 public hearing for "Jade Beach II," and on file, entitled "Jade Beach II Condominium," prepared by Carlos A. Ott Architect, and Arc-Tech Associates, Inc., R05-Z-89 Jade Beach II 2 Architect of record, dated 12 8 04 consisting of 31 sheets, entitled "Cover Sheet and Location Map, Site and Paving Plan, Site, Site and Paving Details, Grading and Drainage Plan, Site Utilities Plan, Water and Sewer Notes", prepared by VSN Engineering Inc., dated signed and sealed 1/13/05, consisting of 5 sheets, and plans entitled "Landscape Plan, Landscape Legend Notes and Detail, Landscape Open Space Calculation, Landscape Planter Cross Section, Pedestrian Walkway Hardscape", prepared by J.F.S. Design, Inc., dated 1 10 05 consisting of 4 sheets, plans entitled "Lighting and Photometric Plans", prepared by Truglio Wei & Ramos Consulting Engineers, dated stamp received 10 22 04-and a "Boundary and Topographical Survey" prepared by Leiter Perez & Associates, Inc., dated 9 29 04 (collectively referred to as "Site Plan"). The Site Plan may be modified at public hearing only, with the exception of "minor" modification as described 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 be subject to 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 Citys Land Development Regulations and recommendations and the conditions set forth in this Resolution. Should compliance with these conditions and recommendations 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. Applicant shall demonstrate to the satisfaction of the Planning and Zoning Administrator that each pair of tandem parking spaces are assigned to a single condominium unit, and shall not be conveyed or assigned separately and such tandem parking spaces shall not be sold or transferred separately from the title to that condominium unit. 3. 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, including landscaping, brick pavers, and lighting, 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 (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. 4. That the Applicant submit a Declaration of Restrictive Covenants (the "Declaration") in recordable form, 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 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. R05-Z-89 Jade Beach II 3 5. The Declaration shall specify that the proffered twenty foot (20') wide Beach Access Easement and the Oceanfront Park shall be fully landscaped. 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. 6. 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 of the City of Sunny Isles Beach Land Development Regulations. In the event Applicant has done so prior to issuance of the 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 $ 345,800 c) Public Beach Rec. Enhancement 0.50 FAR $ 846,500 d) Collins Ave Streetscape 0.30 FAR $ 518,700 e) Sunny Isles Public Parking 0.20 FAR $ 345,850 f) Public Ocean Park 0.20 FAR $ -0- The total contribution for all Floor Area Ratio bonuses for the Project is $2,056,800, for a total increase in floor area ratio of 1.5 for a maximum floor area ratio of 4.0. 7. That pursuant to Section 267.4 of the Code of the City of Sunny Isles Beach, the City Manager and/or 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 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 contractual agreements by and between the City and such consultants and shall be a continuing obligation of the Applicant, to be paid prior to the issuance of a building permit, not including demolition or sales center permits. A building permit 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 remaining funds previously deposited with and held by the City. 8. 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 (FDOT), including, but not limited to, approvals (permits) from FDOT for any curb cuts and crosswalk on Collins Avenue, as may be applicable. 9. 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 shall abide by all City and County ordinances relating to the hours of operation for construction commencement and termination. The Applicant R05-Z-89 Jade Beach II 4 shall use its best efforts to minimize vibration and noise during the construction of the Project. lO(a). That no wall, fence, or visual obstruction of any kind shall be placed within 25 feet ofthe Collins Avenue 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 except during initial construction of the Project. 1 O(b). That paving within the front setback shall consist of pavers or other decorative materials approved by the Building Official. Under no circumstances shall asphaltic concrete or plain concrete be utilized as paving in the front setback. II(a). 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. 11 (b). That undergrounding of utilities shall be accomplished as mandated by Chapter 250, Article II and the City Streetscape Master Plan. If not otherwise funded by the Collins Avenue Streetscape contribution provided in Section IV A.5.(d) above, 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. 12. That Applicant shall submit any and all other documentation and payments required under this Resolution, and that all impact fees, bonuses, and transfer of development right monies, if applicable, and professional fees, in accordance with Section 267.4 of the Code of the City of Sunny Isles Beach and other applicable Land Development Regulations, due to the City shall have been paid. 13. That in the event of multiple ownership, a homeowners 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 shall be delivered to the City, and a copy of the recorded Resolution, the Declaration, and other recorded documents, as may be required by the City Manager, shall be included in any condominium documents recorded for this Project. B. Conditions to be completed before any Certificate of Occupancy is issued. 1. That the Applicant demonstrates that it is in compliance with all terms and conditions of this Resolution. R05-Z-89 Jade Beach II 5 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 including but not limited to Building Department review fees. 3. 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 approved Site Plan 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. 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 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, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS (IF APPLICABLE), OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HAVE BEEN TRANSFERRED. R05-Z-89 Jade Beach II 6 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 THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. V. SEVERABILITY AND EFFECTIVE DATE. I, 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 10th day of February, 2005. CITY OF SUNNY ISLES BEACH, FLORIDA " B' it , l " ATTEST:' . .~' A~ <>, '~ {' . 'Jf1~ A. HiI;es;,e{ty Clerk ~"' ,'!"', ..} " . ,li.-'" / . , I. '. J' . APPROVED AS TO FORM ~a::IENCY: Lynn M. Dannheisser, City Attorney Moved by: C n~~~ ~1\mA-tJ Seconded by: ~ U ~ t) r -r+\.ALte.. Vote: 5 -t> Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias d-(Yes) ~es) es) ~Yes) -1LcYes) _(No) _(No) _(No) _(No) _(No) R05-Z-89 Jade Beach II 7 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. 05-z-ffi adopted by the City Commission at its meeting held on the I ~ day of _F~jU\ r-' 2005. Issued: ~ 1<1)"2.OOS ~~ A/~ Jane A. Hines City Clerk .....", .,.,. , ., ~ R05-Z-89 Jade Beach II 8