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Home My WebLink AboutResolution Zoning 05-Z-97 RESOLUTION NO. 05-Z-.91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY 17315 COLLINS AVENUE, LLC (THE "APPLICANT"), (Z2005-05) FOR A MODIFICATION OF PREVIOUSLY APPROVED PLANS TO PROVIDE A DIRECT SERVICE ENTRANCE TO THE PARKING GARAGE, ON THE PROPERTY LOCATED AT 17315 COLLINS AVENUE, SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on August 15,2005, 17315 Collins Avenue, LLC (the "Applicant") submitted an application (the "Application") No. Z2005-05 to the City of Sunny Isles Beach, Florida, requesting the following: I. Modification of plans approved under Condition C of Resolution 01-Z-59 passed and adopted by the City Commission on February 22, 2001 reading as follows: From: That the approval of the plan be in accordance with that submitted for hearing entitled "Michaellangelo", prepared by Kobi Karp Architects Interior Designers dated stamped received November 21, 2000 consisting of 12 sheets, as amended/revised at public hearing to reflect the Commission's decision, as amended February 22,2001, with an additional 7 parking spaces. To: That the project shall be developed substantially in accordance with the plan submitted for public hearing for 17315 Collins Avenue, LLC and are on file with the City Zoning Department entitled "Sole:, prepared by Kobi Karp Architects Interior Designers dated revised 7-28-05 consisting of 28 sheets and plans entitled "Landscape plans" prepared by CMM dated 3-2-04 consisting of 5 sheets and plans entitled "Boundary & Topography Survey", prepared by Fortin, Leavy, Skiles, Inc. dated revised 3-14-02. All plans and conditions approved under Resolution 0 l-Z-59 remain in effect. The purpose of this request is to modify the previously approved plan to provide a direct service entrance to the parking garage. LEGAL: That portion of the North 100 feet of the South 200 feet of Lot 3 Tatum's Ocean Park Sub Pb 10 Pg 64, lying easterly of State Road AlA as shown in Pb 45 Pg 66. ADDRESS: 17315 Collins Avenue; WHEREAS, on October II, 2005, the City Commission conducted a public hearing on the Application; and R05-Z- Sole, 17315 Collins Avenue - 1 - Verified by: J 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 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. III. APPROVALS. The Applicant's request for modification of plans approved under Condition C of Resolution 01- Z-59 passed and adopted by the City Commission on February 22, 2001, submitted for the Project known as "Michelangelo" 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 01-Z-59. IV. CONDITIONS Conditions to be completed before below e:rade or buildine: permits are issued. 1. 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 "Sole", prepared by Kobi Karp Architects Interior Designers dated revised 7-28-05 consisting of 28 sheets and plans entitled "Landscape plans' prepared by CMM dated 3-2-04 consisting of 5 sheets and plans entitled "Boundary & TOP~hY R05-Z- Sole, 17315 Collins Avenue - 2 - Verified by: Survey", prepared by Fortin, Leavy, Skiles, Inc. dated revised 3-14-02. All plans and conditions approved under Resolution 01-Z-59 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 01-Z-59 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. 4. That the Applicant addresses traffic engineering comments noted in staff report submitted to the City Commission on October 11,2005. 5. That a landscape plan shall be submitted to the Zoning Director and Landscape Architect for their review addressing the landscape architects comments. Plans shall show the type and size of the plant materials, which shall coordinate with the approved streets cape Master Plan prior to the issuance of a building permit. The landscaping plans should include a 10- foot buffer along Collins A venue to be maintained by Applicant. 6. That Applicant complies with Chapter 104 (Art in PublicIPrivate Places) 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 IMP ACT 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. 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. R05-Z- Sole, 17315 Collins Avenue - 3 - Vorifioo by' J 2. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 11 day of October 2005. 'A:TTES:r: . ,/' " : '.'> . , ~ ,~ - ~ "ApPROVED AS)TO FORM ANI>' '..- FI ENCY: VOTE: ~-o Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias R05-Z- Sole, 17315 Collins Avenue Vyes vYes l:/Yes DYes --0es CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission Moved by: ~ c.. M~-r lH~R.. Second by: dW\~t.)euc..IG1.Z I ~S no _no no no _no - 4- Verified by: ~ 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. D5-Z.-Q7adopted by the City Commission at its meeting held on the 11 th day of October 2005. ~ . Issued: 0 d. '9 200 5 , ~..~' ::'A:, , . ,1 / Jane A.~in~s ...~.. City clerk, , c ./. R05-Z- Sole, 17315 Collins Avenue - 5 - Verified by: ~