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HomeMy WebLinkAboutResolution Zoning 05-Z-95 RESOLUTION NO. 05-Z- <1'5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY ST. TROPEZ II, LLC (THE "APPLICANT"), (Z200S-04) FOR A MODIFICATION OF PREVIOUSL Y APPROVED PLANS AND A VARIANCE OF SETBACK, ON THE PROPERTY LOCATED AT 150-260 SUNNY ISLES BOULEVARD, SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on August 1, 2005, St. Tropez II, LLC (the "Applicant") submitted an application (the "Application") No. Z2005-04 to the City of Sunny Isles Beach, Florida, requesting the following: 1. Modification of plans approved under Condition #3 of Resolution 05-Z-91 passed and adopted by the City Commission on March 22nd, 2005 reading as follows: From: 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 0 1-21-05 and plans entitled "Lighting and Landscape", prepared by EGS2 Corp dated stamped received 1-26-05. Plans may be modified at public hearing. To: That the project shall be developed substantially in accordance with the plan submitted for public hearing for "St Tropez II, LLC" and are on file with the City Zoning Department entitled "St Tropez on the Bay", prepared by prepared by Kobi Karp Architecture & Interior Design, consisting of 17 sheets dated received 8-01-05 and plans entitled "Boundary Survey", prepared by Fortin, Leavy, Skiles, Inc., dated stamped received 8-01- 05 and plans entitled "Paving and Drainage, Water and Sewer plans and details", consisting of 5 sheets prepared by Marlin Engineering dated 8-01-05 plans entitled "Sign and Paving Markings", consisting of 4 sheets prepared by Marlin Engineering dated revised 8-04-05 and plans entitled "Lighting and Landscape", consisting of 4 sheets, prepared by EGS2 Corp dated 8-01-05. Plans may be modified at public hearing. All conditions approved under Resolution 05-Z-91 shall remain in affect. The purpose of this request is to modify the previously approve plans to comply with the requirements of the Department of Environmental Resources and Management (DERM) regarding the bulkhead along the rear of the property. 2. Variance of Section 265-37 requiring the towers above the garage pedestal to setback zero St. Tropez 9/27/05 1 Verified bY:~ (0') feet from the edge of the garage pedestal (10 feet required). 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 Blvd WHEREAS, on September 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 modification of the approved site plan 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 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. INCORPORA TION 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 modification of the site plan approved under Condition #3 of Resolution 05-Z-91 passed and adopted by the City Commission on March 22nd, 2005 submitted for the Project known as "St. Tropez on the Bay" is hereby granted and said site plan is hereby approved, subject to all of the conditions provided in Section IV of this Resolution and all prior conditions approved under Resolution 05-Z-91. 2 Verified by:L St. Tropez 9/27/05 B. The Applicant's request for approval of the variance submitted in conjunction for the project known as "St. Tropez on the Bay" is hereby granted and said site plan is hereby approved, subject and to all of the conditions provided in Section IV of this Resolution and all prior conditions approved under Resolution 05-Z-91.. 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 "St Tropez II, LLC" and are on file with the City Zoning Department entitled "St Tropez on the Bay", prepared by prepared by Kobi Karp Architecture & Interior Design, consisting of 17 sheets dated received 8-01-05 and plans entitled "Boundary Survey", prepared by Fortin, Leavy, Skiles, Inc., dated stamped received 8-01-05 and plans entitled "Paving and Drainage, Water and Sewer plans and details", consisting of 5 sheets prepared by Marlin Engineering dated 8-01-05 plans entitled "Sign and Paving Markings", consisting of 4 sheets prepared by Marlin Engineering dated revised 8-04-05 and plans entitled "Lighting and Landscape", consisting of 4 sheets, prepared by EGS2 Corp dated 8-01-05. Plans may be modified at public hearing. 3. That the applicant contribute to the Off-Street Parking Fund as per Section 265-46 A (2) (b) for the buy down of 15.1 % (85 parking spaces) of the required parking spaces, for a total of $850,000 dollars. 4. Except as modified by this hearing, all other conditions and plans approved under Resolution 05-Z-91 remain in affect, as well all other regulations start-up and completion of development under Section 265.3 of the Code of the City of Sunny Isles Beach,. 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 3 Verified by: JV St. Tropez 9/27/05 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. 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 September, 2005. CITY OF SUNNY ISLES BEACH, FLORI By its City Commission ~, ; /' ., ATTEST: " . ": . . . \ .~s,k~~ :-: "J , APPROVED AS TO FORM AND A S E Y: 4 Verified by:L St. Tropez 9/27/05 VOTE: S-D Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias a;/yes ~es JLyes -LLYes -0es St. Tropez 9/27/05 Moved by: CcJ'Wm\c;~\bNE.R. ~brM.~tJ Second by: (' (,)h\~", ~$'\ otUcr R. IGLE51 A-S no _no no no _no 5 Verified by:_ ST ATE 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-95 adopted by the City Commission at its meeting held on the 220d day of September, 2005. '.. ......,- Issued: OC~. 1\)20D5 ~ \ <^;J'," 1 i'" '") ~~'A~ Jane A.~Hinesf .r ' '; City Clerk >. /- 6 St. Tropez 9/27/05 Verified by:_