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HomeMy WebLinkAboutResolution Zoning 05-Z-92 RESOLUTION NO. 05-Z-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY TRIUMPH DEVELOPMENT LLC., (THE "APPLICANT"), (Z2004-01) FOR SITE PLAN APPROVAL, PURSUANT TO SECTION 265-18 OF THE LDR's, TO PERMIT THE DEVELOPMENT OF A SIX (6) STORY CONDOMINIUM TOWER WITH A TOTAL OF 17-UNITS, ON THE PROPERTY LOCATED AT 220 - 180 DRIVE, SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on January 12, 2004, TRIUMPH DEVELOPMENT LLC., (the "Applicant") submitted an application to the City of Sunny Isles Beach, Florida ("the Application") (Z2004-01), requesting the following: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting a site plan approval for six (6) story, 17 unit condominium. LEGAL: Lots 6 and the NW 25 Ft. of Lot 7 as measured along the NE boundary thereof, all in Blk 5 of Sunny Isles Shores Section A PB 53 Pg 95 ADDRESS: 220 - 180 Drive 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 request for site plan approval 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 ofthe community. Triumph LLC 3/24/05N gmmREV331 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. INCORPORATION OF RECITALS. All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. III. APPROVALS. I. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting a site plan approval for six (6) story, 17 unit condominium. IV. CONDITIONS Conditions to be completed before below e:rade or buildine: permits are issued. I. 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 20, 2003; the Applicant shall be required to obtain another approval of the City Commission. 2. Plans are on file and may be examined in the Zoning Department entitled "Condominium for Edmar Builders" prepared by Hervin Romney Architect, consisting of 7 sheets dated stamped received 1/26/05, plans entitled "Map of Boundary Survey", prepared by Caribbean Land Surveyors Inc. ., consisting of 1 sheet dated 1-18-05. and plans entitled "Parking Area Paving, Grading & Drainage Plan, prepared by Develotec Inc. dated sealed 1-22-05. Plans may be modified at public hearing. 3, That in the event of multiple ownership, a condominium owner'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. Triumph LLC 3/24/05JV gmmREV331 2 4. 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 (FDOT). 5, 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. Conditions to be completed before any Certificate of Occupancy is issued I. 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. 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) 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. Triumph LLC 3/24/05JV gmmREV331 3 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 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 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 complies with all City Ordinances applicable to development and permit approvals. 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 IMP ACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY (IF APPLICABLE), PROFESSIONAL FEES PURSUANT TO 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 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 THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. Triumph LLC 3/24/05JV gmmREV331 4 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 22 day of March, 2005. -.;.. ..." ~",!'. ~ .- f ! ~ l '-'- "', .....' ( II {~.' ,#' ': ") .:.."... "';; AltTEsT: ~ ". ". f' "'- ,~::.~" -.....'. " ," . . :~~A,~ ',,~~e' A. Hines, City Clerk , :~... Moved by: ~CJt yY\~oV'~~ Second by: C()~1~C10AJfR. :LG>LEtJ PrS' VOTE: 5-0 Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias vYes Vyes ~es VVes qes no _no no no _no Triumph LLC 3/24/05JV gmmREV331 5 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-92 adopted by the City Commission at its meeting held on the 22nd day of March, 2005. Issued: ~ '2.') 'l.CJ)S Triumph LLC 3/24/05JV gmmREV33I 6 ~~!*'.W2i; r ..' ,. I' Jane A. rliqes .~ ,I. r {;.', . ~ C't CI'!'" ......,'. . . I Y e~~ ,," ,~_' j .i' , / It ....,;~ -"r ,1 ....... .'\.") \...' ;, ~ p' ... ., /I ' . '\-.. ,F; ~ ,~., .~,..,' &< ....:._.. '1.'