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HomeMy WebLinkAboutResolution Zoning 05-Z-91 RESOLUTION NO. 05-Z-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") CONDITIONALLY APPROVING THE ZONING APPLICATION SUBMITTED BY BENGE ENTERPRISES, INC., LSB INVESTMENTS, SUNNY ISLES BEACH ENTERTAINMENT CORP. AND FRANCO POSTERARO AND DOMENICO FIGLIA, (THE "APPLICANT"), (Z2004-07) FOR TRANSFER OF DEVELOPMENT RIGHTS ("TDRs"), IN THE AMOUNT OF 65 DWELLING UNITS AND 12,023 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, TO PERMIT THE DEVELOPMENT OF THREE CONDOMINIUM TOWERS WITH A TOTAL OF 283-RESIDENTIAL UNITS, ON THE PROPERTY LOCATED AT 150-260 SUNNY ISLES BOULEVARD, SUBJECT TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on September 14, 2004, BENGE ENTERPRISES, INC., LSB INVESTMENTS, SUNNY ISLES BEACH ENTERTAINMENT CORP. AND FRANCO POSTERARO AND DOMENICO FIGLIA, (the "Applicant") submitted Application No, Z2004-07 to the City of Sunny Isles Beach, Florida ("the Application"), 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 a Receiving Site and approval of a transfer of 12,023 square feet of development rights and 65 units to the Receiving Site. 2. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations (the LDR's") the Applicant is requesting a site plan approval for a mixed use project consisting of three condominium towers with a total of 283 residential condominium units above a four-story garage pedestal containing commercial area on the ground floor (the "Project."). 3. Pursuant to Section 265-15 of the "LDR' s", the Applicant is requesting a variance from Section 265-37.2(i) "Summary Chart B Town Center Sub-District: Building Massing by Street Type," (which requires the penthouse portion (top 3 floors) of the Project to be setback an additional 20 feet from the tower, thus requiring two stepbacks) to allow a 200 foot high building with only one stepback, between pedestal and tower; LEGAL: Lots 29 thru 34 and islands 29 thru 34 of Second Revised Plat of Bella Vista Subdivision Plat Book 50 Page 76 ADDRESS: 150-260 Sunny Isles Boulevard, Sunny Isles Beach, Florida R05-Z-91 St. Tropez 1 WHEREAS, on March 22,2005, 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 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 Receiving Site approval, transfer of development rights, site plan approval and variance are, subject to all of the conditions set forth in this Resolution, 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, and, further, found that said requests should be granted, subject to: (A) All of the conditions set forth in this Resolution; (B) City Commission approval, at a public hearing to be held April 14, 2005, of (1) The purchase price to be paid by Applicant for the TDR's based on an appraisal to be prepared for the City; (2) The color palette; (3) Clarification of the number of required disabled parking spaces for the Project; and (C) The payment to the City, within 3 days of the City Commission approval of the purchase price, of a non refundable deposit in the amount of ten percent (10%) of the approved purchase price, (the "Ten Percent Deposit") in accordance with the TDR Ordinance; WHEREAS, failure to pay the Ten Percent Deposit within three days of the approval of the purchase price on April 14, 2005, but in no event later than 5 p,m, on Monday, April 18, 2005, shall result in an automatic voiding of the Commission approval of the Receiving Site, transfer of TDR's, site plan approval, and variance, pursuant to Section 265-23.4(b)(1) of the TDR Ordinance, each element of the Application shall be deemed denied, and Applicant shall not be permitted to refile an application for development of the Property for one year, pursuant to Section 265-11 (g) of the LDR's, 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. R05-Z-91 St. Tropez 2 III. APPROVALS. The approvals set forth in this Section III are subject to (A) All of the conditions set forth in this Resolution; (B) City Commission approval, at a public hearing to be held April 14, 2005, of (1) The purchase price to be paid by Applicant for the TDR's based on an appraisal to be prepared for the City; (2) The color palette; (3) Clarification of the number of required disabled parking spaces for the Project; and (C) The payment to the City of a non-refundable deposit in the amount often percent (10%) of the approved purchase price, (the "Ten Percent Deposit"), within three days of the City Commission approval of the purchase price, but in no event later than 5 p.m. on Monday, April 18, 2005, A. The Applicant's request for approval of the Property as a Receiver Site and for approval of the transfer of 65 dwelling units and 12,023 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 conditionally granted, and, subject to all of the 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 "St. Tropez" 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 this Resolution, including but not limited to those conditions set forth in Section IV of this Resolution, The failure of performance of any of these conditions shall be deemed a denial of this Application, C, The Applicant's request for a variance is hereby granted, per site plans on file, subject to the actual transfer of the development rights, and to all of the conditions provided in this Resolution, including but not limited to payment of the Ten Percent Deposit no later than 5 p.m, on April 18, 2005, IV. CONDITIONS Conditions to be completed before below erade or buildine permits are issued. 1. 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. 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 R05-Z-91 St. Tropez 3 20, 2003; the Applicant shall be required to obtain another approval of the City Commission, 3. Plans are on file and may be examined in the Zoning Department entitled "St Tropez on the Bay", prepared by Kobi Karp Architecture & Interior Design, consisting of 17 sheets dated received 1-26-05 and plans entitled "Boundary Survey, Paving and Drainage Plans", prepared by Fortin, Leavy, Skiles, Inc., consisting of 4 sheets dated stamped received 1-26-05 and plans entitled "St Tropez on the Bay", prepared by Marlin Engineering dated 01-21-05 and plans entitled "Lighting and Landscape", prepared by EGS2 Corp dated stamped received 126-05, Plans may be modified at public hearing, 4. That a plan shall be submitted to the Zoning Director and Landscape Architect for their review, Plan shall include all easements to be proffered by the Applicant to the City, for pedestrian access to and from the bay-walk, Plans shall show the type and size of plant materials, which shall comply and be consistenC with the approved Streetscape Master PlanlJprior to the issuance of a building permit. 5. That the Applicant shall submit a Declaration of Restriction in recordable form, in a form and content acceptable to the Zoning Director, prior to the submittal of an application for a building permit. The Declaration shall proffer pedestrian access easements to and from the bay-walk, and shall provide that maintenance for all easement parcels proffered to the City shall be the responsibility of the Applicant, in perpetuity, All of the easements shall be fully accessible to the public and clearly designated, by means of signage approved in writing by the City Manager or his designee, as amenities open to all members of the public. The provision of 24-hour valet parking services for owners and their guests shall be included in the Declaration. 6.. That the Applicant shall submit evidence that the administrative transfer of the 12,023 square feet and 65 units of Transfer Development Rights (TDR's) has occurred, 7. 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. 8. That the Applicant shall 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 (FDOT). 9. No building permits shall be issued (except for demolition and sales trailers) 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), professional fees (as per Ordinance 2001-132 and such other applicable Land Development Regulations) due to the City. R05-Z-91 St. Tropez 4 10. That the Applicant contribute to the Off-Street Parking Fund as per Section 265-46 A (2) (b) for the buy down of 16.5 % (93 parking spaces) of the required parking spaces, for a total of $930,000 dollars. 11. That approval of the receiving site, the transfer of the TDR's, the site plan and the variance are subject to: (A) City Commission approval, at a public hearing to be held April 14, 2005, of (1) The purchase price to be paid by Applicant for the TDR's based on an appraisal to be prepared for the City; (2) The color palette; (3) Clarification of the number of required disabled parking spaces for the Project; and (B) Payment to the City of a non refundable deposit in the amount of ten percent (10%) of the approved purchase price, (the "Ten Percent Deposit") in accordance with the TDR Ordinance, within three days of the City Commission approval of the purchase price, but in no event later than 5 p.m, on Monday, April 18, 2005. The failure of performance of any of these conditions shall be deemed a denial of this Application, 12. That the proposed Project be developed substantially in compliance with exhibit 'A' submitted at the hearing, with specific attention to be given to compliance with the requirements regarding the exterior lighting for the development. Conditions to be comuleted before any Certificate of Occuuancy is issued 1, That the Applicant demonstrates that it is 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. Under Ordinance 2001-132, 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) R05-Z-91 St. Tropez 5 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. 5. That Applicant shall furnish payment and performance bond in an amount determined by the Building Official to ensure Applicant's performance of public improvements required pursuant to site plan approval and in accordance with recommendations of the Building Official after review of construction plans submitted based on development approval granted herein. 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. 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 applicable to development and permit approvals. 4. Failure to pay the Ten Percent Deposit within three days of the approval of the purchase price on April 14, 2005, but in no event later than 5 p.m. on Monday, April 18, 2005, shall result in an automatic voiding of the Commission approval of the Receiving Site, transfer of TDR's, site plan and variance, pursuant to Section 265-23.4(b)(2) of the TDR Ordinance, each element of the Application shall be deemed denied, and Applicant shall not be permitted to refile an application for development of the Property for one year. R05-Z-91 St. Tropez 6 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 HAVE BEEN TRANSFERREDPROFESSIONAL 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. 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. 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 22nd day of March, 2005. ATTEST: . , . ~ .1;. . ',., \ (~;., \ ..~)'\ ~dh..t.. . ' '( , Jane A::-H;i~es, City Clerk \. ',\ : '. r 1 '--'--~..-.,. ~ ~ ~ .; . . to R05-Z-91 St. Tropez 7 APPROVED AS TO FORM AN LEGAL SUFFICIENCY: VOTE: ~-\ Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias R05-Z-91 St. Tropez ~s -yes --0es -0es ~s Moved by: r.oW\rr\1'~l';UA :J(....L~JI\-~ Second by: ('o,,^"V"\I~~lb~~!SRE2JlJ no V1lo no no _no 8 STATE OF FLORIDA ) )ss: COUNTY OF 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-jl adopted by the City Commission at its meeting held on the ~';<"o. day of fY\~ , 2005 . Issued: ~ \'\ 20CS ~~-~ Jane A. Hines City clerk .. , R05-Z-91 St. Tropez 9