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HomeMy WebLinkAboutResolution Zoning 98-Z- 23 RESOLUTION NO. 98-Z-23 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE UNUSUAL USE TO PERMIT A HOME FOR THE AGED/NURSING HOME AND APPROVING THE SPECIAL EXCEPTION FOR SITE PLAN APPROVAL TO PERMIT A PROPOSED HOME FOR THE AGED; APPROVING NON- USE VARIANCES OF SETBACK AND SPACING REQUIREMENTS SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Residences of Sunny Isles, Inc., has applied for the following: 1. Unusual Use to permit a home for the aged/nursing home, to be operated by the Hebrew Home for the Aged. 2. Special Exception for site plan approval to permit a proposed home for the aged. 3. Non Use Variance of setback and spacing requirements to permit proposed garage to setback 10'-3" (20' required) from the front (south) property line and be spaced 15' (20' required) from the principal building. 4. Non Use Variance of parking requirements to permit 508 parking spaces ( 718 parking spaces required), SUBJECT PROPERTY: Tract "D"of Galahad Dade, (Pb 92 Pg 16 ) ADDRESS: Northwest corner of 192 street and Collins Avenue; and WHEREAS, a public hearing ofthe City Commission was advertised and held as required by law on June 11, 1998 wherein the City Commission approved an unusual use to permit a home for the aged/nursing home and a special exception for site plan approval to permit a proposed home for the aged/nursing home in accordance with Resolution No. 98-Z-12; and WHEREAS, the Residences of Sunny Isles, Inc., a Florida corporation once again came before the City Commission at a public hearing which was advertised and held as required by law all interested parties concerned in the matter were heard, and upon due and proper consideration having been given to the matter and to the positive recommendations of both the Zoning and Code Administrator and the Building Official with respect to the requests; and Resol!!!iPh No. 98.Z.23 -1- ~ fll ~ ^; WHEREAS, the City Commission made certain requests for changes in the site plan and the special exception for site plan approval to permit a home for the aged/nursing home was reopened for consideration; and WHEREAS, the applicant has withdrawn, from consideration, Item No.4, Non Use Variance of parking requirements to permit 508 parking spaces (718 parking spaces required); NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. The unusual use to permit a home for the aged/nursing home and special exception for site plan approval as amended at the October 8th City Commission meeting, be and the same is hereby approved and that the requests for Non Use Variances of setback and spacing requirements are hereby approved all of which shall be subject to the following conditions: A All garage and surface parking spaces permitted in connection with A ventura Beach Club Condominium Association, Inc., shall be specifically designated for use by either the A ventura Beach Club Condominium Association of for the Residences of Sunny Isles, Inc., in order to ensure that each entity shall have the necessary required parking. Designated parking shall be approved by the Building Official prior to the issuance of any Certificate of Occupancy for the use of the Residences of Sunny Isles, Inc. B. That the height of any future construction which may be proposed for this property be limited to 35.7 feet by a restrictive covenant acceptable to the Building Official. C. That the Residences of Sunny Isles Beach, Inc., its successors or assigns shall not be permitted to utilize the parking capacity ofthe parking garage structure for any future zoning purpose without the express consent of the A ventura Beach Club Condominium Association, Inc., and/or its successors and/or assigns and that this restriction shall be recorded in the form of a restrictive covenant acceptable to the Building Official. D. That a site plan be submitted to and meet with the approval ofthe 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. F. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "The Residences of Sunny Isles Beach" prepared by Joseph B. Kaller and Associates dated stamped received October 8, 1998, consisting of six (6) sheets. Resolution No, 98-Z.23 - 2- nUfTTifll" ...~ll <I . UJ1 .....""1;:, ..1. G. That the use be established and maintained in accordance with the approved plans. H. That the applicant submit to the Building Official for its review and approval a 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. I. That the applicant comply with all conditions and requirements of the Department of Environmental Resources Management (DERM), the Fire Department and the Florida Department of Transportation. J. That the applicant provide a covenant acceptable to the Building Official that the property will be accessible for the use of the hotel/condo 24 hours a day, that 508 parking spaces be provided for the hotel/condo and that all parking of vehicles shall be through a 24 hour valet. K. That at all times during the construction of the project, the hotel shall have access and parking at the site 24 hours a day. L. The applicant voluntarily proffer a covenant acceptable to the Building Official concerning the traffic circulation issues such as widening of the egresslingress easement and providing that all utility lines be undergrounded and providing a location for bus stop and newsstands. 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 8th day of October, 1998. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission /~ k/l; By: (:~"i.~i' "..~ .~ ,I , ~t ,. -" '. )lAmffi'EST: : ','. "J ,'} ~ 'l) ~,...",,. '~ ; ir I ,,..,...... __ .... -.-.. ~'~J\t'.,~ ij 11. "I "'.., ':';k~ ~~lM '.;" Rich~d Btown-MJfrilla, City Clerk ~~ t~ 1br/o)... . "\ it \ David Samson, Mayor ijl, . APPROVED AS TO FORM Resolution No. 98-Z.23 -3- 4....! fi IIIJJ. AND LEGAL SUFFICIENCY: VOTE: Commissioner Morrow moved and Commissioner Iglesias seconded approval of the 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 ,"""yes LYes ~es --IL.Yes -LlYes no no no no no Resolution No. 98-Z-23 -4- rllJHl.'_--_R_-"~f.-_<~_ J)lll_~l liP-lIP.:. -_I_l~ 1,1 ",""m. ,1Jlll",U LAS' STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-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. 98-Z-23 adopted by the City Commission at its meeting held on the 8th day of October, 1998. Issued this ~ day of ~ ' 2002. ., ... ". JII". II <J ~ 11 - , (,... ~ t.~' ~'~~ 'i'~~. -.. J:" ~:';: ,;t ";,. r;~ ~"".. ;~^~-~1' l. -~ ,:~.:."," .:' ~,: ~ 'I'" AI ""'_"""'~ ,i"...' #.r\~ ;;" "U, , .t..". '" \' " ,- . Richard Brown-Morilla, ~y <., " Resolution No. 98-Z-23 -5- To: From: Date: Re: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 City Commission David Samson, Mayor Danny iglesias, Vice Mayor Norman S, Edelcup. Commissioner Gerry Goodmau, Commissioner LOa Kauffman, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5 I 07 Fax Christopher J. Russo, City Manager Lyma M, Dannheisser, City Attorney Richard Brown-Morilla, City Clerk MEMORANDUM ] orge Vera Zoning Director Richard Brown-Morill~A.k City Clerk c.. ~v \ May 2, 2002 Crescent Heights: Inability to Record Declaration of Restrictions The Miami-Dade County Clerk's office has confirmed that they will not record photocopies of Declaration of Restrictive Covenants. Accordingly the two photocopied documents that you gave me yesterday: 1) Declaration of Restrictive Covenants; and 2) Declaration of Restrictions and Easements, for Crescent Heights (NW corner of 192nd Street and Collins Avenue), both dated September 28, 2000, cannot be recorded as required by Zoning Resolution No. 98-Z-23, which was issued yesterday, RBM:jah Attachments c: Christopher], Russo, City Manager Lynn M. Dannheisser, City Attorney 1'(j- ~ '2;' This Instrument prepared by: ABRAHAM A. GALBUT, ESQUIRE ABRAHAM A. GALBUT, PA 999 Washington Avenue Miami Beach, Florida 33139 DECLARATION OF RESTRICTIONS AND EASEMENTS This instrument is declared and made in Miami-Dade County, Florida thisd ~ ~ day of September, 2000 between CRESCENT HEIGHTS XLIV, INC., a Florida corporation, as Owner of the real property (the "Property") located in Miami-Dade County, Florida described as: Tract "D" of GALAHAD-DADE, according to the Plat thereof, recorded in Plat Book 92, at Page 16, of the Public Records of Miami-Dade County, Florida; Less the North 40 feet thereof. WHEREAS, on July 11, 1972, an Easement (Easement) was recorded against the Property at Official Records Book 7794, at Page 471 of the Public Records of Miami-Dade County, Florida; and WHEREAS, on August 1, 1980, a Declaration of Restrictions (Declaration) was recorded against the Property at Official Records Book 11882, at Page 890 of the Public Records of Miami-Dade County, Florida; and WHEREAS, on October 8, 1998 the City of Sunny Isles Beach (City) granted variances to the Property pursuant to Resolutions Nos. 98-Z-22 and 98-Z-23, attached as Composite Exhibit "3"; and WHEREAS, in order to satisfy the conditions of the City in the granting of the variances, the Owner wishes to grant an additional Declaration of Restrictions ("Additional Declaration") regarding the Property. NOW THEREFORE, in consideration of the granting of the additional vanances granted by the City, it is agreed as follows: 1. Upon a request from the City to relocate the sign referred to in Paragraph 2 of the Declaration the Owner agrees to cooperate and to provide a location, without any charge by or compensation to the Owner, to be mutually agreeable by the Owner and the current owner ("Owner of Tract "C") of the real property described as: Tract "c" of GALAHAD-DADE, according to the Plat thereof, recorded in Plat Book 92, at Page 16, of the Public Records of Miami-Dade County, Florida; Less the North 40 feet thereof. to relocate the sign. Such new location shall provide visibility of the sign from Collins Avenue. 2. In addition to the Easement, the Owner agrees to the following conditions: a) The owner shall provide, on the North 60' of the Property, landscaping, sidewalk and roadway easements as required by the City and as depicted on the approved site plan for Property (as reflected in Exhibit 4) subject to the modifications agreed to by the City of Sunny Isles Beach made at the public hearing of October 8, 1998, as reflected in the approved site plan and this declaration. b) The perimeter wall built by Owner on the North side of the Property shall not exceed four (4') feet in height. c) The Owner shall provide and maintain extensive mature landscaping along the Northern perimeter wall (including the area between the wall and the Easement). d) All parking valets for the A ventura each Club shall entere and exit the Property from the Easement area entrance on the North side of the Property, and that a twenty-four (24) hour attendant shall monitor compliance with this condition. e) In accord with the approved site plan, the two outside lanes on the forty (40') foot roadway easement shall be widened from ten (10) feet to eleven (11) feet and the existing transition lane shall be extended by an additional forty (40') feet to fifty (50') feet in length. 3. These covenants are to be covenants running with title to the Property and shall be enforced by and binding on all parties and all persons claiming under it, including the City of Sunny Isles Beach, including all grantees, successors and assigns, until the covenants have been modified or released by the Owner, Owner of Tract "C" and the City. IN WITNESS WHEREOF, the Owner has caused this Declaration to be executed and signed the day appearing above. WITNESSES: (/Jk.()JJtM ~~ ~:;~!~ ) OLC4J ) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this d fb day of September 2000 by RUSSELL GALBUT, as Vice-President of CRESCENT HEIGHTS XLIV, INe., a Florida corporation, who is personally known to me (or who has produced .. -"), n as i tification), and who did taken an oath. 1.\\\\l1M'1"1I111. t-'" ~'*...~\~ai\ CO/Of! .1111",- ~ ~......... ~ ~ .....\\sSlON t.:-. ~ "" .~~' -fA. ~ i ... a S>,~s\ 7, <OQ ~~... ~ ::: :~ ~ <:> cP~*= = .~ . - =* : ..... : <= -. 808 .c:::,.., ~ ~"#CC739 :~::: ~o. .0....... ~ ?-". 8onded\ll\~#."' 'N$:' %-1"1l;..~~YFain.\\I~~~~.~ ~-:;. '~ Po, .......~'(.v~" "III, 'BUe 5i" \ '!.\:":-" 11''''tII'n,,\\'\~ OWNER: CRESCENT HEIGHTS XLIV, INC., A Florida oration /'/? -"'{i' -" ,..., ~. If.l' '_ ,..,..i..... _" I)' 4.. ../ This Instrument prepared by: ABRAHAM A. GALBUT, ESQUIRE ABRAHAM A. GALBUT, P.A. 999 Washington Avenue Miami Beach, Florida 33139 DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PARENTS that the undersigned, CRESCENT HEIGHTS XLIV, INC., a Florida corporation, as the owner of the following described property (the Property) lying and situated in Miami-Dade County, Florida: Tract "D" of GALAHAD-DADE, according to the Plat thereof, recorded in Plat Book 92, at Page 16, ofthe Public Records of Miami-Dade County, Florida; Less the North 40 feet thereof. In order to assure the City Commission of the City of Sunny Isles Beach, Florida, (City) that the representations made to them by the undersigned, in connection with Resolution Nos. 98-Z-22 and 98-Z-23 will be abided by freely, voluntarily and without duress, the undersigned makes the following Declaration of Restrictive Covenants ("Declaration") covering and running with the above-described real property; and The in order to achieve approval for the proposed nursing home/adult living facility project as indicated in the site plan entitled Residences of Sunny Isles, Inc., prepared by Joseph Kallor, dated October 14, 1998 ("Approved Site Plan") on file with the City of Sunny Isles Beach Zoning Department, the undersigned, or their successors in interest, will abide by the following covenants which are voluntarily proferred: 1. Substantial Accordance with Approved Plans. The property shall be developed substantially in accordance with the spirit and intent of the Approved Site Plan, as otherwise modified by the terms of this Declaration. 2. Underground Utilities. Owner agrees to pay any necessary costs of undergrounding the two utility poles located on the northern easement area of the Owner's property prior to issuance of final certificates of occupancy issued by the City, such undergrounding to be paid by Owner only in the event that the poles are not undergrounded by the owner(s) of the property located at 19333 Collins Avenue (Ocean One) and as represented by the plans approved by Florida Power and Light under Work Order No. 7733 dated October 9, 1998. The undersigned does now waive any rights at law or in equity that it might have against the owner(s) of the property located at 19333 Collins Avenue as a result of any costs incurred by the undersigned to underground utility poles. 3. Parking Covenant. The undersigned covenants and agrees that the property located at 19201 Collins Avenue shall be permitted to utilize up to 508 parking spaces in the parking structure(s) to be constructed on the Property, subject to the following: (i) that the property located at 19201 Collins Avenue remain a hotel/condominium; (ii) that the required parking at 19201 Collins Avenue for hotel/condominium use cannot be provided on site; (iii) that any decrease in the current requirement of 393 required parking spaces at 19201 Collins Avenue shall result in a deduction of the parking to be utilized in the parking structure(s) on a 1 to 1 basis; (iv) that parking in the parking structure(s) for the property located at 19201 Collins Avenue shall be on a 24- hour valet basis exclusively, and no owner, guest, tenant or facility user of any kind for the property located at 19201 Collins Avenue, shall have access to the parking garage except through the use of the valet parking service; that only the required parking for the Property shall occur on the uncovered surface spaces on the Property, and that all parking spaces in the parking structure(s) shall be designated, reserved spots for both the Property's required parking and the required parking for 19201 Collins Avenue. Valet access to the Property shall be through the north entrance as shown on the Approved Site Plan, and no valet access shall be permitted on Collins Avenue, Owner agrees that any vertical improvements erected on the Property, except for ground level landscaping and ground level recreational areas, shall not exceed thirty-five and seven tenths (35,7") feet in height above mean sea level. In addition to any parking that may be provided for in the vertical improvements, parking shall be permitted on the roof of any improvements to be erected. 4. Covenant Running with the Land. This covenant shall be for the benefit of, and limitation upon, all present and future owner(s) of the real property and for the public welfare. This Declaration, on the part of the Owner, shall constitute a covenant running 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 the heirs, successors and assigns until such time as the same is modified or released. 5. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any provision of this Declaration, This Declaration, and the acceptance by the City, is not intended and should not be construed to confer any rights or any third parties other than the Owner and the City. The prevailing party in any action or suit pertaining to or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may order to be reasonable for the services of its attorney, at trial and appeal. This enforcement provision shall be in addition to any other remedies available by law, or in equity or both. 6. Authorization to Withhold Permits and Inspections, In the event of noncompliance with any provision, in addition to any other remedies, the City is authorized to withhold any further permits or refuse to make inspections until such time as this Declaration is compiled with or appropriately modified, amended or released, in the manner and mode set forth above. 7. Severability. Invalidation of anyone of these covenants, by judgment of a court of competent jurisdiction, shall in no way affect any of the other provisions, which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record in the public records of Miami-Dade County, Florida at the cost of the Owner. IN WITNESS WHEREOF, the Owner has caused these presents to be executed and signed in its name this ~ i day of September 2000, WITNESSES: CRESCENT HEIGHTS XLIV, INC" A Florida corpora. tion ;// B~~: ", RUSSELL W. GALBUT, Vice-President ) ) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this ~~ day of September 2000 by RUSSELL GALBUT, as Vice-President of CRESCENT HEIGHTS XLIV, INe., a Florida corporation, who is personally known to me (or who has produced_ do. as identification), and who did taken an oath. ' ~,\\\mlltl""II" ~,,\'... 'ri.,~ail Co/OIl "/~~ *- ~........ ~ ~ ..~~\\SSION /:"~" ~ :::t . "","" '7 ....,.-A. ~ ;::; :CJ" t\.~S\ ..?a ~'. ~ : :~~... ~~~ ~ = :~ :*? -*. .... .-. ..... . . <... ~ 5 ... #CC739808 ! k1 j: ~/-. 1>_ ~ 'o-;t ~ ""..<'\'. l; ucndel\(I'l #.... ':y,::::' ~r}- ..c'~.Y Faln-In~~" ~ <<'$- ~1',l'8i;C'S1~;~ ~\\~ ' "111111I1 II "'\\\\\: