HomeMy WebLinkAboutResolution Zoning 98-Z- 15
RESOLUTION NO. 98-Z-15
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, FOR 17070
COLLINS AVENUE SHOPPING CENTER LTD., FOR
APPROVAL OF TWO TWENTY-THREE STORY TOWERS
ON THE WEST PROPERTY AND ONE 15-STORY TOWER
ON THE EAST PROPERTY TO BE REFLECTED IN THE
SITE PLAN SUBMITTED AT THE MEETING OF JULY 16,
1998, SUBJECT TO CERTAIN TERMS AND CONDITIONS.
WHEREAS, 17070 Collins Avenue Shopping Center, Ltd., has applied for the following:
1. Modification of plans approved pursuant to Resolution 4-ZAB-83-92 , passed and adopted
by the Zoning Appeals Board on the 26th day of February, 1992 reading as follows:
From: Plans entitled" R.K. Apartments #1," as prepared by Norman M.
Giller & Associates, Inc., consisting of3 sheets, dated received 9-6-
91; and survey as prepared by Zurwelle Whittaker, Inc., dated last
revised 4-8-91.
To: Plans entitled "Aventura Beach Marina Apartments", prepared by
Kobi Karp Architect dated 11/18/97 and a survey by Fortin, Leavy,
Skiles, Inc. dated 7/23/97 and landscape plan by Witkin Design
Group sealed 12/13/97.
2. Modification of Condition #2 of Resolution 4-ZAB-308-92, passed and adopted by the
Zoning Appeals Board on the 14th day of October, 1992 reading as follows:
From #2:
That in the approval ofthe plan, the same be substantially in accordance with
that submitted for the hearing entitled" R.K. Apartments North Bay Rd..
Sunny Isles," as prepared by Giller & Giller, Inc., consisting of 7 sheets,
dated received 6-17-1992; landscape plan as prepared by O'Leary design
Associates, dated last revised 6-5-92; and survey as prepared by Zurwelle
Whittaker, Inc., dated last revised 4-8-91.
To #2:
That in the approval ofthe plan, the same be substantially in accordance with
that submitted for the hearing entitled "A ventura Beach Marina Apartments",
prepared by Kobi Karp Architect dated 11/18/97 and a survey by Fortin,
Leavy, Skiles, Inc. dated 7/23/97 and landscape plan by Witkin Design
Group sealed 12/13/97.
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The purpose ofthese requests is to allow the applicant to submit new plans for a proposed apartment
development.
3. Special Exception for site plan approval to permit an apartment development.
4. Use Variance to permit a density of 75 units per acres ( 50 units per acre permitted).
5. Non Use Variance of floor area ratio to permit proposed development with an F.A.R. of
2.67 ( 2.0 F.A.R. permitted ).
6. Non Use Variance oflot coverage requirements to permit a lot coverage of 56% ( 40 %
permitted ).
7. Non Use Variance of setback requirements to permit the proposed structure to setback
varying from 24.75 ft to 28.33 ft (50 ft required) from the front (east) property line, setback
varying from 55.93 ft to 64.25 ft ( 131.93 ft required) from the rear (west) property line,
setback 59 ft from the (north) property line and setback 120 ft from the (south) property line
( 156.08 ft required) from both property lines.
8. Non Use Variance of Zoning Regulation to permit all accessory buildings and uses
( tennis court, basketball court, shallow pool and club house) on a site without a principal
building ( not permitted ).
SUBJECT PROPERTY:
Parcel 1
That part ofthe North 100 feet of Lot 2 of TATUM'S SUBDIVISION, also known as TATUM'S
OCEAN PARK, and also known as SUBDIVISION OF GOV'T. LOT 6 SEC. 2-52-42 & GOV'T
LOTS 1,2,4 & PORTIONS OF 5 & 6 SEC. 11-52-42, according to the Plat thereof, recorded in Plat
Book 10, Page 64, of the Public Records of Dade County, Florida, lying West of State Road A-I-A
(fronting Collins Avenue and running in a Westerly direction to North Biscayne Bay), LESS the East
400 feet thereof, and excepting therefrom that portion lying within the right-of-way of the
INTRACOASTAL WATERWAY, as shown in Plat Book 37, Page 4, ofthe Public Records of Dade
County, Florida;
TOGETHER WITH:
Parcel 2
Lot 14 through 18, of SOUTH SHORE ESTATES, according to the Plat thereof, recorded in Plat
Book 52, Page 69, ofthe Public Records of Dade County, Florida;
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TOGETHER WITH:
Parcel 3
All ofthe South 300 feet ofthe North 400 feet of Lot 2 of TATUM'S SUBDNISION, also know
as TATUM;S OCEAN PARK, and also know as SUBDNISION ofGOV'T. LOT 6 SEC. 2-52-42
& GOV'T. LOTS 1,2,4 & PORTIONS OF 5 & 6 SEC. 11-52-42, according to the Plat thereof,
recorded in Plat Book 10, Page 64, ofthe Public Records of Dade County, Florida, lying contiguous
with and Westerly of, the West lines of lots 15, 16, and 17, of SOUTH SHORE ESTATES, as
shown in Plat Book 52, Page 69, ofthe Public Records of Dade County, Florida, and lying Easterly
of the East right-of-way line of the Intracoastal Waterway, as shown in Plat Book 37, Page 4, of the
Public Records of Dade County, Florida;
TOGETHER WITH:
Parcel 4
All ofthe North 100 feet of the South 300 feet of Lot 2 of TATUM'S SUBDNISION, also know
as TATUM'S OCEAN PARK, and also known as SUBDIVISION ofGOV'T. LOT 6 SEC. 2-52-42
& GOV'T. LOTS 1,2,4 & PORTIONS OF 5 & 6 SEC. 11-52-42, according to the Plat thereof,
recorded in Plat Book 10, Page 64, ofthe Public Records of Dade County, Florida, lying Westerly
of a line constituting as extension Southerly for a distance of 100 feet to the line dividing Lots 13
and 14 of SOUTH SHORE ESTATES, as shown on the Plat recorded in Plat Book 52, Page 69, of
the Public Records of Dade County, Florida, and lying Easterly of the right-of-way line of the
INTRACOASTAL WATERWAY as shown on Plat Book 37, Page 4, of the Public Records of Dade
County, Florida;
LESS:
The following described property taken in eminent domain proceedings by DADE COUNTY,
FLORIDA, a political subdivision of the State of Florida, pursuant to that Notice of Lis Pendens in
County Eminent Domain Proceedings in Case Number 78-17398, recorded October 23, 1978, in
Official Records Book 10192, Page 226; Certificate of Payment recorded January 8, 1979, in Official
Records Book 10262, Page 1819; and Order of Taking recorded January 8, 1979, in Official Records
Book 10262, Page 1820:
That portion ofthe North 100 feet of the South 300 feet of Lot 2 of TATUM'S SUBDNISION, also
known as TATUM'S OCEAN PARK, and also known as SUBDNISION of GOV'T LOT 6 SEC.
2-52-42 & GOV'T LOTS 1,2,4 & PORTIONS OF 5 & 6 SEC. 11-52-42, according to the Plat
thereof, recorded in Plat Book 10, Page 64 of the Public Records of Dade County, Florida, which
lies within a strip of land 60.00 feet in width, 30.00 feet on each side of the following described
center line:
COMMENCE at the Southwest corner of Lot 14 of SOUTH SHORE ESTATES, according to the
Plat thereof, recorded in Plat Book 52, Page 69, of the Public Records of Dade County, Florida;
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thence run West along the South boundary line of the aforesaid Plat of SOUTH SHORE ESTATES
and along the North line of the South 300 feet of said Lot 2, for a distance of 25.03 feet to the
POINT OF BEGINNING of the herein described center line; thence run South of right angles to the
last described line, for a distance of 300 feet to the Point ofIntersection with the South line of said
Lot 2 at a point which is 1,522.64 feet West of the Westerly right-of-way line of State Road A-I-A,
as shown on the State of Florida Road Department Right-of-Way Map, recorded in Plat Book 46,
Page 40, of the Public Records of Dade County, Florida, said Point ofIntersection also being END
of the herein described center line.
Parcel 5
That part of the South 200 feet of Lot 2 of TATUM'S SUBDIVISION, also known as TATUM'S
OCEAN PARK, and also known as SUBDIVISION of GOV'T. LOT 6 SEC. 2-52-42 & GOV'T
1,2,4 & PORTION of 5 & 6 SEC. 11-52-42, according to the Plat thereof, recorded in Plat Book 10,
Page 64, ofthe Public Records of Dade County, Florida, lying West of State Road A-I-A (fronting
Avenue and running in a Westerly direction to North Biscayne Bay), Less the East 769.76 feet
thereof, and excepting therefrom that portion lying within the right-of-way ofthe INTRACOASTAL
WATERWAY, as shown in Plat Book 37, Page 4, of the Public records of Dade County, Florida,
and excepting therefrom that portion of the South 300 feet of Lot 2 of TATUM'S SUBDIVISION,
also known as TATUM'S OCEAN PARK, and also known as SUBDIVISION of GOV'T. LOT 6,
SEC. 2-52-42 & GOV'T. LOTS 1,2,4 & PORTIONS OF 5 & 6 SEC. 11-52-42, according to the Plat
thereof, recorded in Plat Book 10, Page 64, of the Public Records of Dade County, Florida, which
lies within a strip of land 60.00 feet in width, 30.00 feet on each side of the following described
centerline:
COMMENCE at the southwest corner of Lot 14 of SOUTH SHORE ESTATES, according to the
Plat thereof, recorded in Plat Book 52, Page 69, of the Public Records of Dade County, Florida;
thence run West along the South boundary line ofthe aforesaid Plat of SOUTH SHORE ESTATES
and along the North line of the South 300 feet of said Lot 2, for a distance of 25.03 feet to the
POINT OF BEGINNING ofthe herein described center line; thence run South of right angles to the
last described line, for a distance of300 feet to the Point of Intersection with the South line of said
Lot 2 at a point which is 1,522.64 feet West of the Westerly right-of-way line of recorded in Plat
Book 46, Page 40, of the Public Records of Dade County, Florida, said Point of Intersection also
being the END of the herein described center line.
ADDRESS: West side of North Bay Road between 172 St and theoretical 170 St. and East of
North Bay Road.
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 the recommendations of both the Zoning and
Code Administrator and the Building Official with respect to all requests;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, THAT:
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Except for Items 4, 5, 6, 7 & 8, which were voluntarily withdrawn by Applicant, all other requests
be and the same are hereby approved in accordance with the following conditions:
1. 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 plan to include among other things
but not be limited to, location of structure or structures, types, sizes and location of signs,
light standards, off-street parking areas, exits and entrances, drainage, walls, fences,
landscaping, etc.
2. That in the approval of the plan, the same be substantially in accordance with that submitted
for the July 16th Commission hearing, entitled "A ventura Beach Marina Apartments"
prepared by Kobi Karp, consisting of 16 pages dated stamped received 7/31/98.
3. That the use be established and maintained in accordance with the approved plan.
4, That the applicant submit to the Building Department for its review and approval a
landscaping plan which indicated 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.
5. 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 right of access for fire, police, health, and sanitation and
other public service personnel and vehicles. The agreement, which shall be a covenant
running with the land, shall also include a stipulation that the streets, or access ways, shall
be installed and maintained by the applicant, including, but not limited to, sidewalks,
drainage facilities, water, sewers and fire hydrants, meeting with the approval ofthe Building
Official and the Superintendent of the Public Works Department. Such agreement shall be
executed by the property owner and any and all parties having an interest in the land, such
as mortgagees, etc., and its improvements.
6. That the applicant either deed over or deliver, in acceptable form, an easement agreement
with the appropriate legal description designating a lineal park area along the canal,
approximately 100' wide by 1,345' long to be utilized by the City and the public as a scenic
and park easement.
7. That the applicant prepare and perpetually maintain the seawall along the western and
northern portions of the property.
8. That the applicant utilize its best efforts to pursue the issuance of permits for a foot bridge
which would connect the south end of 174th Street across the canal to interconnect with the
scenic easement.
9. The Building Official may issue permits in accordance with the terms of this Resolution.
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10. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 16th day of July, 1998.
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.-\: Richard ~ro)M1-Morilla, City Clerk
By:
UNNY ISLES BEACH, FLORIDA
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vice Mayor Turetsky moved and Commissioner Morrow seconded approval of the requested zoning
modifications, and upon a roll call the vote was 4 - 1 in favor:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
--yes
~es
~es
LYes
~es
~no
no
no
no
no
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