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HomeMy WebLinkAboutResolution Zoning 98-Z- 13 RESOLUTION NO. 98-Z-13 A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A DELETION OF CONDITIONS NOS. 3,4 AND 10, OF RESOLUTION 4-ZAB-149-92, PASSED AND ADOPTED BY THE ZONING APPEALS BOARD OF MIAMI-DADE COUNTY ON THE APRIL 29TH, 1992, REQUIRING A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Golden Bay Club Associates, Ltd., has applied for the following: 1. A deletion of conditions number 3,4 and 10 of Resolution 4-ZAB-149-92 consisting of: a. A covenant stating that occupants ofthe unit be limited to transient use only. b, That the use will be strictly for a homogenous type of development and the entire building will be timeshare and c. That the units are to be for transient use based on the applicant's desire to create a condominium that is not transient in nature and that would allow the applicant to sell the residential units to serve as the purchasers' primary residence. SUBJECT PROPERTY: PARCEL A: That portion ofthe North 400 feet of Lot 1, "SUBDIVISION OF GOV'T. Lot 6, Sec. 2-52-42 and Gov 't. Lots 1, 2, 4 and portion of 5 and 6, Sec. 11-52-42," according to the Plat thereof as recorded in Plat Book 1 0 at Page 64 ofthe Public Records of Dade County, Florida, being more particularly described as follows: Commence at a point of intersection ofthe Easterly projection ofthe North line of said Lot 1 with the centerline of State Highway A-I-A (also known as Collins Avenue); thence proceed on an assumed bearing of due West along the North line of said Lot 1 and its Easterly projection for 750.24 feet; thence S. 5038'00"W, along a line 746.62 feet Westerly of and parallel with, as measured at right angles to the centerline of said State Highway A-I-A for 401.94 feet; thence due West for 813.17 feet to the Point of Beginning of the herein described parcel ofland; thence continue due West for 177.58 feet to a point on the centerline of a concrete bulkhead as existing on June 22, 1971; thence N. 2039'20"E. along the centerline of said bulkhead and its Northeasterly projection for 400.43 feet; thence due East along said North line of Lot 1 for 158.93 feet; thence due South along the proposed right-of-way of North Bay Road, according to Dade County Subdivision Control, for 400.00 feet to the Point of Beginning, lying and being in Dade County, Florida. Resolution 98.Z-13 -1- PARCEL B: A parcel of submerged property described as follows: That portion of the North 400 feet of Lot 1, "SUBDIVISION OF GOV'T. Lot 6, Sec. 2-52-42 and Gov't. Lots 1,2,4 and portion of5 and 6, Sec. 11-52-42," according to the Plat thereof as recorded in Plat Book 10 at Page 64 of the Public Records of Dade County, Florida, being more particularly described as follows: Commence at a point of intersection of the Easterly projection ofthe North line of said Lot 1 with the centerline of State Highway A-I-A (also known as Collins Avenue); thence proceed on an assumed bearing of due West along the North line of said Lot 1 and its Easterly projection for 750.24 feet; thence S. 5038'00"W., along a line 746.62 feet Westerly of and parallel with, as measured at right angles to, the centerline of said State Highway A-I-A for 401.94 feet; thence due West for 990.75 feet to the Point of Beginning of the herein described parcel ofland; thence continue due West for 913.60 feet to a point on the Easterly right-of-way line of the Intracoastal Waterway as shown on the Plat of the Florida East Coast Canal as recorded in Plat Book 37 at Page 4 of the Public Records of Dade County, Florida; thence N. lOo06'24"W. along said Easterly right-of-way line ofthe Intracoastal Waterway for 406.30 feet; thence due East, along the North line-of said Government Lot 1, for 1003.5 feet; thence S. 2039'20"W. parallel with the centerline and its Northeasterly projection of a concrete bulkhead as existing on June 22, 1971 for 400.43 feet to the Point of Beginning, lying and being in Dade County, Florida. ADDRESS: West side of North Bay Road, at theoretical 170 Street 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 the positive recommendations of both the Zoning and Code Administrator and the Building Official; and WHEREAS, the City Commission finds that the request for the deletion of conditions 3, 4 and 10 of the prior Dade County Resolution eliminating the transient use of the project will be compatible to surrounding properties which is virtually made up of condominium projects of a similar nature and that a non-transient use will alleviate the impact to, not only the road but to neighboring properties and is in harmony with the general purpose and intent of the regulations and the health, safety and welfare of the citizens of this City; NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, that: 1. Conditions 3, 4 and 10 of Resolution 4-ZAB-149-92 be and the same is hereby approved on the following conditions: a. That a site plan be submitted to and meet with the approval of the Building Official upon the submittal of an application for building permit; said plans to include among other things, but not limited to, the location of structure or structures, type, sizes and locations of signs like standard off-street parking areas, exits and entrances, drainage walls, etc.; Resolution 98-Z-13 -2- b. That the use be established and maintained in accordance with the approved plan; c. That the applicant voluntarily proffer a Declaration of Restrictive Covenants acceptable to the Building Official restriction the use of the units to serve as purchasers permanent residence and if State law requires, that a unit can only be leased for a maximum period of six months during the year in order to be considered non-transient, that the Declaration of Restrictive Covenants so provide. The Restrictive Covenants shall also require that valet parking be maintained upon the premises at all times unless and until sufficient parking spaces are provided at the site in the opinion of the Building Official to comply with the minimum parking requirements for multi-family residential structures; and d. Finally, that the applicant eliminate all facilities within the structure which are designed or intended to service transient occupancy, including but not limited to, a lobby check-in counter, maid service facilities and the like. 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 11th day of June, 1998. . . (J"~'~ .. "-~...... t.~' 'a: ~ \:.) .. '.' 'J;; ~ \'''';''' "( tI.' . J1< ' ,.~~ ~ ~.~. ~< \I '.I " oj,: r ...... ." By: \.;1 .... ~'/~~";,, 1.1 ....J . ','......,"., ~r " , ., ~, .F" I~, ~ :;"; AlTT T: .. ; "toq '. \ l " '\ . j . ':.~.~dW\-~Hc. o.(lI/qa ',: ~~h~d IfroWn-Morilla, City Clerk .. a ... APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~-~ - M. DannheIsser, CIty Attorney Commissioner Morrow moved and Vice Mayor Turetsky seconded approval of the requested zoning modifications, and upon a roll call the vote was 4- 0-1 in favor: Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow ~es .Des ~es -yes ~es no no no no no ~ absent Resolution 98-Z-13 -3- STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, RICHARD BROWN-MORILLA, 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-13 adopted by the City Commission at its meeting held on the 11 th day of June, 1997. _.., ~:~~ (;, ~~ ~~~;tt.. ,<, <,~ Richard Brown-Mo~a ""-" J t~; i. _4.f) i City Clerk ': ~~''!......~J ~.'.."i.:J" :'," ,:. ':""'" c " ',': ~~..~' i~ \ ~ ""- '-i,. . f,,:, :,'"'":5'\ :..., "'\,..:,~ (~ '. .- Resolution 98-Z-13 -4- .uff: .I 879/ PC4397 99R491078 199" SEP 22 18:2+ This instrument prepared by and when recorded return to: Brian S. Adler, Esq. Bilzin Sumberg Dunn Price & Axelrod, LLP 2500 First Union Financial Center 200 S. Biscayne Boulevard Miami, Florida 33131-2336 (Space Above For Recorder's Use Only) COVENANT RUNNING WITH THE LAND IN FAVOR OF THE CITY OF SUNNY ISLES BEACH The undersigned, being the present owner(s) of the following real property (hereinafter called "the Property"), located at 17050 North Bay Road, Sunny Isles Beach, Miami-Dade County, Florida, lying, being and situated in Miami-Dade County, Florida, to wit: SEE EXHIBIT A in order to satisfy requirements set forth by the City of Sunny Isles Beach pursuant to Resolution 98- Z-13, hereby submits this executed Covenant running with the land in favor of Sunny Isles Beach, Florida: 1. Pursuant to Resolution 98-Z-13, adopted on June 11, 1998 by the City of Sunny Isles Beach, Florida, the sale of units are restricted to serve as the permanent residences of the purchasers. Nothing contained herein shall restrict the utilization of the individual residential units in conformance with the laws of the State of Florida. 2. The sale of units are further restricted so that the units can be leased, subleased, conveyed or sold in conformance with the laws of the State of Florida. 3. The building shall maintain valet parking until such time as sufficient parking spaces are provided at the site. Sufficient parking shall be defined as compliance with the minimum parking requirements for multi-family residential structures. Said compliance is to be determined by the Building Office of Sunny Isles Beach. 4. This Covenant shall run with the land and shall be recorded in the Public Records of Miami- Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned, and their heirs, successors, grantees and assigns until such time as the same is modified or released in writing by the City of Sunny Isles Beach, Florida. G:\DMZ\ 73260\10599\0251607,01 August 24, 1999 )7 Wtb: r 879Jrb4398 5, This Covenant shall be subject to specific enforcement by the City of Sunny Isles Beach. Florida. In the event that thc provisions of tbe Covenant are not complied with by thc undersigned or their heirs. successors. grantees. and assigns. an action at taw or in equity may be commenced by the City against any person violating, causing, permitting. allowing or sufferilli tbe violations of said Covenant. 6. This Covenant may be modified, amended. or relensed as Lo the land herein descrjbed~ or any portion thereof, by written instrument executcd by the then owner(s) of all the property, including joinders by all mortgagees, provided that the same is also approved by a majority vote of the City Commission with respect Lo the amendment or termination. IN WITNESS WHEREOF, the undersigned have caused this Covenant to be executed this d1 day o;t!}o);t9. Witnesses: Parties: Sign Print GOLDEN BAY CLUB ASSOCIATES, LTD., a Florida limited partnership '. By: Golden Bay Club, Inc.. a Florida corporation, sole general partner STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me thiscllt/f'J.ay o~ /99, by L . oulanger, ~ident "fOOM,," 'R~y CI~ Inc.. as sole general partner ofOolden bny lub Asso . tcs. Lt~ ~rsonallI known J.sunUr who has produced as identification and did take an oath. State of Florida at Large (Scal) My Commission Expires: O:\DMZ\73260\ 1 0599\0251607.0 I Augllsl24.1999 2 Rf[: 1879/ PC4399 EXHIBIT "A" RECORDED IN OFFICIAL RECORDS BOOK OF DADE COUNTY, FLORIDA. RECORD VERIFIED HARVEY RUVIN CLERK CIRCUIT COURT URCEL A: That portion of the North 400 feet of Lot I, "SUBDIVISION OF GOY'T. Lot 6, Sec. 2-52-42 and Gov't. Lots 1, 2, 4 and portion of S and 6, Sec. 11-S2r42," according to the Plat thereof as recorded in Plat Book 1 0 at Page 64 of the Public Records of Dade County, Florida, being more particul8;fly described as follows: Commence at a point ofintersection ofthe Easterly projection ofthe North hne of said Lot 1 with the centerline of State Highway A-I-A (also known as Collins Avenue); thence proceed on an assumed bearing of due West along the North line of said Lot 1 and its Easterly projection for 750.24 feet; thence S. SCl38'OO"W, along a line 746.62 feet Westerly of and parallel with, as measured at right angles to the centerline of said State Highway A-I-A for 401.94 feet; thence due West for 813.17 feet to the Point of Beginning of the herein described parcel of land; thence continue due West for 177.58 feet to a point on the centerline of a concrete bulkhead as existing on June 22. 1971; thence N. Z039'20"E. along the centerline of said bulkhead and its Northeasterly projection for 400.43 feet; thence due East along said North line of Lot 1 for 158.93 feet; thence due South along the proposed right-of-way of North Bay Road, according to Dade County Subdivision Control, for 400.00 feet to the Point of Beginning, lying and being in Dade 'County, Florida. PARCEL B: A parcel ofsubmergcd property described as follows: That portion of the North 400 feet of Lot 1, "SUBDIVISION OF GOV'T. Lot 6, Sec. 2-52-42 and Gov 't. Lots 1, 2, 4 and portion of S and 6. Sec. 11-52-42," according to Ule Plat thereof as recorded in PI~t Book 10 at Page 64 of the Public Records of Dade County, Florida, being more PartiCUlarly descnbed as follows: Co~cnce at a point of intersection of the Easterly projection of the North line of said Lot I with the centerline of State Highway A-I-A (also known as Collins Avenue); the~ce ~rocccd on an assumed bearing of due West along the North line of said Lot 1 and its Easterly projection for 750.24 feet; thence S. SCl38'OO"W., along a line 746.62 feet Westerly of and parallel with, as measured at right angles to, the centerline of said State Highway A-I-A for 401.94 feet; thence due West for 990.75 feet to the Point ofSeginning of the herein described parcel of land; thence continue due West for 913.60 feet to a point on the Easterly right-or-way line of the Intracoastal Waterway as shown on the Plat ofthe Florida East Coast Canal as recorded in Plat Book 37 at Page 4 of the Public Records of Dade COWlty, Florida; thence N. IOQ06'24"W. along said Easterly right-of-way line of the Intracoastal Waterway for 406.30 feet; thence duc East, along the North line-of said Government Lot 1, for 1003.5 feet; thenee S. 2Q39'20"W. parallel with the centerline and its Northeasterly projection of a concrete bulkhead as existing on June 22, 1971 for 400.43 feet to the Point of BegitUling, lying and being in Dade County, Florida. ADDRESS: West side of North Bay Road, at theoretica1170 Street