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HomeMy WebLinkAboutResolution Zoning 05-Z-93 RESOLUTION NO. 05-Z-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICATION SUBMITTED BY MARIA I. ROS (Z2004-10), FOR SITE PLAN APPROVAL PURSUANT TO SECTION 265-18 OF THE LDRs, AND GRANTING THE VARIANCE FROM SECTION 265-71(C) REQUIRING A CONTINUOUS SEVEN FOOT LANDSCAPE BUFFER ALONG THE PERIMETER OF ALL VEHICULAR USE AREAS TO REDUCE THE REQUIRED LANDSCAPE BUFFER TO FIVE FEET 11 INCHES (5'11") ON THE PORTION ABUTTING THE REQillRED OFF STREET LOADING SPACE TO ALLOW THE DEVELOPMENT OF "BELLA CONDOMINIUM", A SIX (6) STORY SEVENTEEN (17) UNIT CONDOMINIUM PROJECT, ON THE PROPERTY LOCATED AT 225 179TH DRIVE, SUNNY ISLES BEACH, FLORIDA, SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on December I, 2004, MARIA I. ROS (the "Applicant") submitted Application No. Z2004-10 to the City of Sunny Isles Beach, Florida, requesting the following: 1 Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, (the "LDRs") the Applicant is requesting site plan approval for a six story, seventeen unit condominium project to be known as Bella Condominium (the "Project"). 2. Pursuant to Section 505 of the LDRs, the Applicant is requesting a landscape variance from Section 265-71(C) of the LDRs, which requires a continuous seven foot landscape buffer strip along the perimeter of all vehicular use areas, to reduce the required landscaped buffer to five feet eleven inches (5' 11 ") on the portion of the buffer abutting the required off-street loading space, LEGAL: The NW 25 Ft. of Lot 9 and all of Lot 10, all in Blk 5 of SUNNY ISLES SHORES SECTION A, as recorded in Plat Book 53 at Page 95 of the Public Records of Miami-Dade County, Florida (the "Property"), ADDRESS: 225 I 79th Drive, Sunny Isles Beach, Miami-Dade County, FL WHEREAS, on April 14, 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 Bella Condominium 225 1 79th Street Resolution approved 4 14 05 Reso 05 Z 93 I 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 site plan approval and landscape variance 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, III. APPROVALS. A. The Applicant's request for approval of the site plan submitted for the Project known as "Bella Condominium" is hereby granted and said site plan is hereby approved subject to all of the conditions provided in Section IV of this Resolution, B. The Applicant's request for a landscape variance from Section 265-71(C) of the City of Sunny Isles Beach Land Development Regulations, which requires a continuous seven foot landscape buffer strip along the perimeter of all vehicular use areas, to reduce the required landscaped buffer to five feet eleven inches (5' 11") on the portion of the buffer abutting the required off-street loading space, is herby granted, subject to all of the conditions set forth in this Resolution, , IV. CONDITIONS A. Conditions to be completed before below erade 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 "Bella Condominium," and on file at the Zoning Department, entitled "Boundary Survey, Site Plan, Paving Grading and Drainage: prepared by Juan Martinez and Associates, consisting of three sheets dated stamped received 2/18/05, plans entitled "Bella Condominium", prepared by Isaac Sklar Associates, consisting ofa total of 12 sheets: 8 sheets dated 321 05 and 2 sheets dated 3 5 05, and 2 sheets dated stamp received 2 18 05; and plans entitled "Point by Point Illuminance Calculations, prepared by V,S, Architectural Lighting, date sealed 2 18 05, and plans entitled "Bella Condominium Paint selection dated 3 22 05", (collectively Bella Condominium 225 179d1 Street Resolution approved 4 14 05 Reso 05 Z 93 2 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 City's 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. 3. That pursuant to Section 267.4 of the Code of the City of Sunny Isles Beach, the City Manager and/or hislher 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, 4, 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).. 5. 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 shall use its best efforts to minimize vibration and noise during the construction of the Project. 6, 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. Bella Condominium 225 179m Street Resolution approved 4 14 05 Reso 05 Z 93 3 7. No building permits shall be issued (except for demolition and sales trailers)unless the Applicant has submitted all documents required by this Resolution and has paid all impact fees, and other fees, as applicable, including professional fees in accordance with Ordinance 2001-132 and such other applicable Land Development Regulations, to the City. 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. 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, 4, 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. 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, 5. At time of filing of any application or thereafter, it is required that an escrow account b 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, Bella Condominium 225 1791ft Street Resolution approved 4 14 05 Reso 05 Z 93 4 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 (30) days after the applicant is notified, in writing, of the requirement 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. 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 BillLDING 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) AS MAY BE APPLICABLE, 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. Bella Condominium 225 179m Street Resolution approved 4 14 05 Reso 05 Z 93 5 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, day of April, 2005, PASSED and ADOPTED this 14th , ~TT~ST: "~~ A~ " Jane A, Hines, City Clerk Moved by: Co~ rfe..<;.i~s Second by: {\U '{Y\~Oy L~\~ VOTE: '5-0 Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias V"'yes_no Vyes_no ~es_no ~s no ~es_no Bella Condominium 225 179tb Street Resolution approved 4 1405 Reso 05 Z 93 6 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-93 adopted by the City Commission at its meeting held on the ~day of ---B-~ ,2005. Issued: t.o/17/05 ~~A. ~ Jane A. Hines ' , City Clerk Bella Condominium 225 I 79th Street Resolution approved 4 1405 Reso 05 Z 93 7