HomeMy WebLinkAboutResolution Zoning 97-Z-1
RESOLUTION NO. 97-Z-1
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING
WITH CONDITIONS THE APPLICATION OF OCEAN
BEACH 167TH, INC., PROVIDING FOR APPEAL
The following Resolution was offered by Vice Mayor Turetsky, seconded by Commissioner Connie
Morrow, and upon a poll of Commissioners present, the vote was 4-0-1 in favor, as follows:
Mayor Samson
Vice Mayor Turetsky
Commissioner Lila Kauffman
Commissioner Daniel Iglesias
Commissioner Connie Morrow
aye
aye
aye
abstained
aye
WHEREAS, Ocean Beach 167th Inc., applied for the following:
(1) MODIFICA nON of Condition #2 of Resolution 4-ZAB-61-90, passed and adopted by the Dade
County Zoning Appeals Board on the 28th day of February, 1990, further modified by Resolution
4-ZAB-213-93, passed and adopted by the Zoning Appeals Board on the 14th day of July, 1993, as
follows:
FROM:
"2.
TO:
"2.
That in the approval of the plan, the same be substantially in
accordance with that submitted for the hearing entitled 'Ocean Beach
167,' as prepared by Cruxent Associates, P A., dated 12-11-89, last
revised April 29, 1993, consisting of 18 pages."
That in the approval of the plan, the same be substantially in
accordance with that submitted for the hearing entitled 'Ocean Beach
167 Condominiums.' as prepared by Cruxent Associates, P .A., dated
6-24-96. "
(2) MODIFICATION of Condition #2 of Resolution 5-ZAB-236-96, passed and adopted by the
Dade County Zoning Appeals Board on the 17th day of July, 1996, as follows:
FROM:
TO:
RES97-Z-1
"2
That in the approval of the plan, the same be substantially in
accordance with that submitted for the hearing entitled 'Ocean Beach
167 Condominiums,' as prepared by Cruxent Associates, P .A., dated
44-96. "
"2.
That in the approval of the plan, the same be substantially in
accordance with that submitted for the hearing entitled 'Ocean Beach
167 Condominiums.' as prepared by Cruxent Associates, P.A., dated
6-24-96."
The purpose of the request is to convert two approved units on the uppermost floor to four units
resulting in two additional units.
(3) USE V ARIANCE to permit an existing multiple family apartment building to have a total
of 214 units and a proposed density of 59.49 units per acre where 50 units per acre are
permitted (212 units and 58.94 units per acre previously approved).
(4) NON-USE VARIANCE OF PARKING REQUIREMENTS to permit 385 parking spaces
(413 spaces required).'
The aforementioned plans are on file and may be examined in the Zoning Department. Plans may
be modified at public hearing.
SUBJECT PROPERTY: A portion of Government Lot 5, Section 11, Township 52 South, Rauge
42 East, the exterior lines being more particularly described as follows:
From the Southwest comer of Government Lot 5 in Section 11, Township 52 South, Range 42
East, run east along the south line of said Government Lot 5, (which south line is identical with
the south line of Section 11, same Township and Range) to an intersection with the high tide line
of the west shore of the Atlantic Ocean; thence meandering the said high tide line in a general
NIly direction to a point which is 143.9' due north of the south line of Government Lot 5, and
2,860' due north ofthe south line of Lot 83 of TATUM'S OCEAN BEACH PARK, Plat book 5,
Page 35, for a Point of beginning of this description.
From the Point of beginning run west along a line parallel to the south line of Government Lot 5,
366'i to an intersection with the east right-of-way line of the highway known as Golden Beach
Road or State Highway No. 140; thence in a NElly direction along said right-of-way line
405.73'i to a point in said right-of-way line which is 543.9'i due north of the south line of
Government Lot 5 and also is 3,260' due north of the south line of Lot 83 of TATUM'S OCEAN
BEACH PARK; thence east and parallel to the south line of Government Lot 5, to an
intersection with the west shore line of the Atlantic Ocean; thence meandering the shore line,
5/ly to the Point of beginning.
LESS THE FOLLOWING:
That portion of the aforesaid tract lying seaward of the erosion control line per Chapter 161.191 of
the Beach and Shore Preservation.
LESS THE FOLLOWING:
That portion of the aforesaid tract as deeded by Right-of- Way Deed, from Robert H. Gallaher joined
by his wife, Clara E. Gallaher, to Dade County, Deed Book 2976, Page 86, dated 2117/48.
RES97-Z-1
TOGETHER WITH:
That portion of State Road No.140 Right-of-Way as described in Quit Claim Deed from County of
Dade to Robert H. Gallaher, Deed Book 2971, Page 390, dated 2/5/48 (location of State Highway
No.140 in the above description being described in Deed Book 1804, Page 262, dated 2/9/37.
LOCATION: 16711 Collins Avenue, Sunny Isles Beach, Florida SIZE OF PROPERTY: 3.59 Acres
PRESENT ZONING: RU-4A (Apartments 50 unitslnet acre; hotel/motel 75 unitslnet acre)
WHEREAS, a public hearing of the City Commission of the City of Sunny Isles Beach,
Florida, was held and all interested parties concerned in the matter were heard;
WHEREAS, upon due and proper consideration having been given to the matter, it was
the opinion of the Commission, subject to conditions set forth in the recommendation, that the
approval of applicant's request, which in effect would allow the applicant to convert two larger
units into four smaller units in accordance with market demands and allow 28 parking spaces less
than the required 413 parking spaces, as the building will not be occupied all at the same time
and therefore the application would be compatible with the surrounding areas and would not
have an unfavorable impact and;
WHEREAS, this Commission has been advised that the subject application has been
reviewed for compliance with concurrency requirements for levels of services, and, at this stage
ofthe request the same was found to comply with the requirements and;
WHEREAS, the City Commission finds that with the transfer of severable use rights
(SURs) which are allocated SURs in Chapter 33-B Code of Metropolitan Dade County, to land
located within the urban development boundary, eliminate the need for the applicant to meet the
legal hardship requirements;
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, THAT THE APPLICATION IS HEREBY
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. All conditions of Resolutions 4-ZAB-61-90, 4-ZAB-213-93 and 5-ZAB-236-96,
will remain in full force and effect except as herein modified.
2. That the applicant be required to purchase and provide proof of purchase of the
requisite SURs in accordance with its application.
RES97-Z-1
PASSED AND ADOPTED this 25th day of September, 1997.
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ATTEST=
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Jonda K. Joseph, Interim City Clerk
CITY OF SUNNY ISLES BEACH, FLORIDA
BY THE c;'! COMMI~
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David Samson, Mayor
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
M. Dannheisser, City Attorney
RES97-Z-1
STATE OF FLORIDA
COUNTY OF DADE
I, Richard Brown-Morilla, City Clerk of the City of Sunny Isles Beach, Florida, do
hereby certify the above and foregoing is a true and correct copy of Resolution No. 97-Z-1,
adopted by the City Commission of the City of Sunny Isles Beach, Florida, at its meeting held
the 25th day of September, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this
day of
,1998.
Richard Brown-Morilla, City Clerk
City of Sunny Isles Beach, Florida
Motion by: Vice Mayor Turetsky
Second by: Commissioner Morrow
RES97-Z-1