HomeMy WebLinkAboutResolution Zoning 05-Z-96
RESOLUTION NO. 05-Z-!1k
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE
ZONING APPLICATION SUBMITTED BY WILLIAMS ISLAND
OCEAN CLUB, INC. (THE "APPLICANT"), (Z2005-03) FOR A
MODIFICATION OF PREVIOUSLY APPROVED PLANS TO
PERMIT THE EXPANSION OF A SPA, SUBJECT TO CERTAIN
CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on July 22, 2005, Williams Island Ocean Club, Inc. (the "Applicant")
submitted an application (the "Application") No. Z2005-03 to the City of Sunny Isles Beach,
Florida, requesting the following:
I. Modification of plans approved under Condition B of Resolution 00-Z-46 passed
and adopted by the City Commission on April 13, 2000 reading as follows:
From: That the approval of the plan be substantially in accordance with that submitted
for hearing entitled "Williams Island Sunny Isles Condominium," prepared by
Robert M, Swedroe Architects - Planners date stamped received 3/20/200
consisting of 26 sheets. Plans may be modified at public hearing.
To: That the project be developed substantially in accordance with the plan submitted
for public hearing for Williams Island Ocean Club and are on file with the City
Zoning Department entitled "The Spa at Acqualina", prepared by STA
Architectural Group dated revised 3-8-05 consisting of 6 sheets. All plans and
conditions approved under Resolution 00-Z-46 remain in effect.
The purpose of this request is to modify the previously approved plan to permit the expansion of
a previously approved spa located within the Acqualina development.
LEGAL:
All of the portion of Tracts "A" & "B" of the subdivision of GULF STREAM
PARK, Plat Book 35, Page 51, and the portion of Collins Avenue shown of said
Plat of GULF STEAM PARK which was vacated by Plat of OCEAN
BOULEV ARD STATE ROAD 140, Plat Book 44, Page 2, and above described
property being contained in the south 500' of Tract 5 of Subdivision of
Government Lot 6, Section 2, Township 52 South, Range 42 East, Government
Lots 1,2, 4 and portions of Government Lots 5 & 6, Section 11, Township 52
South, Range 42 East, Plat Book 10, Page 64, more particularly described as
follows, to wit: That portion of the north 200' of the South 500' of Tract 5 of
Subdivision of Government Lot 6, Section 2, Township 52 South, Range 42 East
and Government Lots I, 2, 4 and portions of Government Lots 5 & 6, Section 11,
Township 52 South, Range 42 East, Plat Book 10, Page 64, measured at right
angles to the South line of said Tract 5, lying between the East right-of-way line
of State Road A-I-A, Plat Book 45, Page 39, and the high water line of the
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Atlantic Ocean, together with all of the Seller's interest and title in the riparian
rights appertaining.
and
All of the portion of Tracts "A" and "B" of the subdivision of GULF STREAM
PARK, Plat Book 35, Page 51 and that portion of Collins Avenue shown on said
plat of GULF STREAM PARK which was vacated by Plat of OCEAN
BOULEV ARD STATE ROAD 140, Plat Book 44, Page 2, said above described
property being contained in the South 500' of Tract 5 of Subdivision of
Government Lot 6, Section 2, Township 52, South, Range 42 East and
Government Lots I, 2, 4 & portions of Government Lots 5 & 6, Section II,
thereof, Plat Book 10, Page 64, more particularly described as follows, to wit:
That portion of the North 200' of the South 300' of Tract 5 of subdivision of
Government Lot 6, Section 2, Township 52 South, Range 42 East and
Government Lots 1, 2, 4 and portions of Government Lots 5 & 6, Section II,
Township 52 south, Range 42 East, Plat Book 10, Page 64, measured at right
angles to the South line of said Tract 5, lying between the east right-of-way line of
State Road A-I-A, Plat Book 45, Page 39, and the high water line of the Atlantic
Ocean, together with all of the seller's interest and title in the riparian rights
appertaining.
ADDRESS: 17875 Collins Avenue
WHEREAS, on October 11,2005, 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 jeiflt
memorandum from the Planning and Zoning Administrator; 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 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. INCORPORATION OF RECITALS.
All recitals are incorporated into the body of this Resolution as if same were fully set forth herein.
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III. APPROVALS.
1. The Applicant's request for modification of plans approved under Condition B of
Resolution 00-Z-46 passed and adopted by the City Commission on April 13,
2000 submitted for the Project known as "The Spa at Acqualina" 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 00-Z-46.
IV. CONDITIONS
Conditions to be completed before below 2rade or buildin2 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 "The
Spa at Acqualina", prepared by STA Architectural Group dated revised 3-8-05
consisting of 6 sheets. All plans and conditions approved under Resolution OO-Z-
46 remain in effect. Plans may be modified at public hearing.
3. Except as modified by this hearing, all other conditions and plans approved under
Resolution 00-Z-46 remain in effect, as well all other regulations relating to
+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
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
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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 II day of October 2005.
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CITY OF SUNNY ISLES BEACH, FLORIDA
By it Cit Commission
By: . 4
orman S. Edelcup, N1ayor
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I" j&p.e':A, Hin~s;<~ity Clerk
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VOTE: 5-D
Mayor Norman Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
Moved by: ~Mh\l c;.~\orV~ &E2.JN
Second by: ~L)tv\vw.k\'D1\) ~ :C(oL~~)~
Vyes
vYes
V)res
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no
_no
no
no
_no
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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. 05-2- 't ~ adopted by
the City Commission at its meeting held on the II th day of October 2005.
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Issued:
0<=*. ,q 2005
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Jane A. 'Hines' /'
City Clerk .-
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