HomeMy WebLinkAboutResolution Zoning 98-Z- 8
RESOLUTION NO. 98-Z-8
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A
MODIFICATION OF SITE PLAN TO PERMIT TWO
APARTMENT HOTEL STRUCTURES AND ONE RENTAL
APARTMENT BUILDING, WITH THE HEIGHT OF A
BUILDING TO BE REDUCED BY ONE OR MORE STORIES
AS NECESSARY TO MEET THE REQUIREMENTS OF THE
CODE OF MIAMI-DADE COUNTY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Intercoastal Yacht Club Trust has applied for the following:
1. Modification of a site plan.
2. Use variance to permit proposed development with a density of 60 dwelling units per net
acre where the maximum dwelling unit density permitted by zoning code would be 50
dwelling units per net acre.
3. Non-use variance of setback requirements to permit proposed building to setback 47 feet
(84.32 feet required, 62 feet previously approved) from the interior side (north) property line.
4. Non-use variance of parking requirements to permit 993 parking spaces where 1153 were
required.
SUBJECT PROPERTY:
Tract "A" of TIlE PARTIlENON, according to the plat thereof, as recorded in Plat Book
116, at Page 21, of the Public Records of Dade County, Florida,
AND:
A Tract ofland in Sections 11 and 14, Township 52 South, Range 42 East, Dade County,
Florida, described as follows:
Commence at the NE corner of said plat of TIlE PAR TIlENON; Thence run west along the
North line of said plat of TIlE PARTIlENON for 179.04 feet; Thence S r46' 15" W for
300.35 feet to the POINT OF BEGINNING of the tract of land hereinafter described;
Thence West for 844.19 feet to a point on the most westerly line of said plat of TIlE
PARTHENON; thence S 10006'18" E along the Southerly extension ofthe most westerly
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line of said plat of THE PARTHENON for 405.25 feet; Thence S 30027'24" W for 70.80
feet to a point on the Northerly right-of-way line of State Road 826, as said right-of-way is
shown on Florida Department of Transportation right-of-way drawing for Section 87170-
2517, Sheet No.2 of 6 sheets; Thence along said Northerly right-of-way of State Road 826
for the following four (4) courses: (1) Thence S 88008'54" E for 521.63 feet to a point of
curvature of a circular curve concave to the South; (2) Thence run easterly along the arc of
said circular curve to the right having a radius of 4,696.93 feet and a central angle of
1031'26" for a distance of 124.92 feet to a point of tangency; (3) Thence S 86035'34" E for
318.78 feet; (4) Thence S 89035'34"E for 157.35 feet to a point of intersection with the
boundary line of said plat of THE PARTHENON; Thence along the boundary line of said
plat of THE PARTHENON for the following described six (6) courses: (1) Thence N
28021'15" W for 115.27 feet; (2) Thence West for 391.99 feet; (3) Thence N 43042'12" W
for 195.42 feet; (4) Thence North for 170.00 feet; (5) Thence N 75 024'50" E for 276.96 feet;
(6) Thence N r46'15" E for 20.00 feet to the POINT OF BEGINNING. Lying and being
in Dade County, Florida.
Said lands lying and being in Dade County, Florida and containing 831012.48 square feet,
(19.077 acres) more or less.
ADDRESS: North of Sunny Isles Beach Blvd. and between North Bay Road and the Intracoastal Waterway.
WHEREAS, the public hearing ofthe City Commission was advertised and held as required
by law and all interested parties concerned in the matter were heard, and upon due and proper
consideration having been given to the matter and to negative recommendations of both the Zoning
and Code Administrator and Building Official with respect to all non-use variances; and
WHEREAS, the applicant withdrew at the public hearing all of its request for non-use
variances leaving only the request for modification of site plan approval in accordance with the terms
of the Miami-Dade County Code; and
WHEREAS, the City Commission finds that the Miami-Dade County Code permits
approximately 75 units per acre for apartment-hotel use and 50 units per acre f9r all other multi-
family uses in the RU-4A zone as a matter of right, based upon substantial competent evidence
provided by the Building Official;
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, THAT:
1. The modification of site plan based on a withdrawal of all non-use variance requests and
subject to the following conditions:
A.
The height of building #1 reflected on the site plan be reduced by one or more stories
as are necessary to meet the requirements of Miami-Dade County Code;
B.
That a site plan be submitted to and meet with the approval of the Building Official
upon the submittal of an application for a building permit; said plans to include
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C.
Resolution 98-Z-8
among other things, but not limited thereto, the location of structure or structures,
type, sizes and locations of signs like standard off-street parking areas, exits and
entrances, drainage walls, etc.;
That in the approval of the plan the same be substantially in accordance with that
submitted for hearing entitled Intercoastal Yacht Club Apartments prepared by
Salvador M, CruxentJ Architect sheets 1 through 5 and 7 dated revised 2/26/98, sheet
6 and 9 dated revised 1/19/98, sheet 8 dated revised 1/22/98, and as may be revised
in accordance with this Resolution, .
D.
That the use be established and maintained in accordance with the approved plan.
E.
That the applicant submit to the Building Official for his review and approval of
landscaping plan which indicates the type and size of plant material prior to the
issuance of a building permit and to be installed prior to the issuance of a Certificate
of Use and Occupancy,
F.
That the applicant agrees that all units will be made available for rental and no more
than five percent (5%) of the individual apartment-hotel units, if approved, shall be
occupied for more than six months.
G.
That a site plan be submitted to and meet with the approval of the Building Official
upon the submittal of an application for a building permit; said plans to include
among other things but not limited thereto, location of structure or structures, types,
sizes and location of signs, light standards, off street parking areas, exits and
entrances, drainage, walls, etc.
H.
That the applicant obtain a Certificate of Use and Occupancy from the City, upon
compliance with all terms and conditions, the subject to cancellation upon violation
of any of the conditions.
I.
That a recordable agreement be submitted to and meet with the approval of the
Building Official providing for permanent and safe access for pedestrian and
vehicular traffic within the development and particularly for fire, police, health and
sanitation and other public service personnel and vehicles. Such agreement shall be
executed by the property owners and any and all parties having an interest in the
land, such as mortgages, etc. and its improvements.
J.
That in the event of multiple ownership a homeowners' association be established
in accordance with applicable regulations to assure that all common areas and
facilities for the use of the residents shall be maintained in continuous and
satisfactory manner, and without expense to the general taxpayer of the City of
Sunny Isles Beach.
K.
That the applicant comply with all conditions and requirements of the Department
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of Environmental Resources Management (DERM), the Fire Department and the
Florida Department of Transportation.
L. That restaurants or stores use ( if any )be subject to the following conditions: (a) that
the use be limited to the inhabitants of the complex, (b) that the use provide no direct
access from public roads, (c) that the use is not visible from public roads, (d) that no
signage in connection with the use be visible from public road, ( e) that the design of
the use remain an integral part of the total design, (f) that the use remain located in
the principal building, (g) that no outdoor seating in conjunction with the restaurant
be permitted without a public hearing.
M. That the applicant construct an appropriate barrier between the construction and
adjoining properties in order to minimize blowing of sand and debris.
N. That the applicant will abide by all City and County ordinances relating to the hours
of operation for construction commencement and termination.
O. That the applicant will use their best effort to minimize vibration and noise during
the construction of the project,
P. Indicate ramp slope on plans and show support columns in garage, they must remain
clear of parking stalls.
2. This Resolution shall become effective upon adoption,
PASSED AND ADOPTED this 28th day of May, 1998,
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Co
By:
ATTEST:
rJ:u--.l ~~~':~ ",ol.fI
Richard BroWJl.'Morillit(~ity Clerk
. .
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vice Mayor Turetsky moved and Commissioner Iglesias seconded approval ofthe requested zoning
modifications, and upon a roll call the vote was 5- 0 in favor:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
~es
V" yes
~es
~es
J6res
no
no
no
no
no
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STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
I, RICHARD E. BROWN, 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. 97 -Z-8 adopted by the City
Commission at its meeting held on the 28th day of May, 1998.
r1:~ ~~~:
Richard E. Brown-Morilla
City Clerk ~hO(Cf~
Resolution 98.Z-8
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