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Home My WebLink AboutResolution Zoning 99-Z- 34 RESOLUTION NO. 99-Z-34 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A REQUEST FOR A DISTRICT BOUNDARY CHANGE FROM BU-IA AND BU-l TO BU-3 WITH A COVENANT TO EXCLUDE SPECIFIED USES AS SET FORTH IN EXlDBIT "D" AND UPON CERTAIN CONDITIONS; APPROVING AN UNUSUAL USE TO PERMIT A TEMPORARY COMMERCIAL PARKING LOT TO SERVE A SHOPPING CENTER FOR OVERFLOW PARKING SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 17070 Collins Avenue Shopping Center, Ltd., has applied for the following: District Boundary Change from BU-IA and BU-l to BU-3; and Unusual Use to permit temporary commercial parking lot to serve a shopping center for overflow parking; SUBJECT PROPERTY: Request 1- Boundary Change Exhibit A The East 700' of that part of the North 400' of Lot I of "Tatum's Ocean Park", according to the plat thereof as recorded in Plat Book 10 at Page 64 of the public records Dade County, Florida. Lying West of State Road A.l.A (Collins Avenue) the aforesaid property is a parallelogram land. The Easterly and Westerly line thereofbeing 401.92 feet and the Northerly and Southerly lines thereof being 700.0 feet. Exhibit B The East 773'-6" of that portion of the South 200.0 feet of Lot 2, Tatum's Subdivision, recorded in Plat Book 10 at Page 64 of the public records of Dade County, Florida, lying Westerly of the Westerly Right-of-Way line of State Road A.I.A (100.0 feet wide and also known as Collins Avenue and/or Ocean Boulevard), as said Road is recorded in Plat Book 46 at Page 40 of the public records of Dade County, Florida, said south 200.0 feet or Lot 2 Bounded on the West by the Easterly Line of the Intracoastal Waterway (Florida East Coast Canal), as said Waterway is recorded in Plat Book 37 at Page 4 of the public records of Dade County, Florida. Resolution No. (34 -1- Request 2 - Temporary Commercial Parking Lot Exhibit C The East 893'-6" of that portion of the South 200.0 feet of Lot 2, Tatum's Subdivision, recorded in Plat Book 10 at Page 64 of the public records of Dade County, Florida, lying Westerly of the Westerly Right-of-Way line of State Road A. LA (100.0 feet wide and also known as Collins Avenue and/or Ocean Boulevard), as said Road is recorded in Plat Book 46 at Page 40 of the public records of Dade County, Florida, said south 200.0 feet or Lot 2 Bounded on the West by the Easterly Line of the Intracoastal Waterway (Florida East Coast Canal), as said Waterway is recorded in Plat Book 37 at Page 4 of the public records of Dade County, Florida. ADDRESS: 17070 - 171 00 Collins Avenue; and WHEREAS, a public hearing of the 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 upon the agreement of the applicant to exclude certain specified uses from the BU -3 approval to be submitted in accordance with a non-modifiable covenant which shall be attached to this Resolution as Exhibit "D"; NOW THEREFORE, BE IT RESOL VED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. The request to permit a district boundary change from BU-IA and BU-l to BU-3 onthe property described in Exhibits A and B above, is approved subject to the terms of the covenant, excluding the uses specified therein, attached as Exhibit "D" and permitting only the following uses: All uses permitted in BU-I, BU-IA and BU-2 districts (except that residential uses shall not be permitted), bakeries, retail and wholesale; dry cleaning and dyeing establislunents; locksmiths, sharpening and grinding shops; second hand stores for the disposal of furniture, fixtures and tools; television and broadcasting station, including studio, transmitting station and power plants and other incidental and unusual uses permitted to such a station; upholstery and furniture repairs; wholesale, sales and storage rooms; other similar uses as approved by the Director of the Building, Planning and Zoning Department. 2. The unusual use to permit temporary commercial parking lot to serve a shopping center for overflow parking; is approved as to the property listed in Exhibit "C" hereinabove, subject to the following conditions: 1. That a site plan be submitted to and meet with the approval of the Building Official upon Resolution No. 98-Z-34 -2- 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, lighting standards, off street parking areas, exits and entrances, drainage, walls, etc. 11 That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "Site Plan", prepared by Kobi Karp Architects Interior Designers dated 5/17/99. Plans may be modified at public hearing. 111 That the use be established and maintained in accordance with approved plans. IV That the parking area be temporary in nature and any underlying approved plans on the property shall remain in effect. The use of said parking area for the shopping center will be in effect for so long as the City of Sunny Isles Beach occupies the Government Center located in the subject shopping center. Upon vacation of the City Hall, the lot shall no longer be used as parking for the shopping center. v That the parking lot be paved and a chain link fence with landscaped be provided along the west property line of the temporary parking area. VI That the applicant comply with all conditions and requirements of the Department of Environmental Resource Management (DERM). 3. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of July, 1999. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission By: ATTEST: Resolution No. 98-Z.34 -3- f1- ~C;;-" i:'::"~'~~~~ / ,'.~chardBrOWt,t-Morilla, City Clerk .. ' ~, ,~ '" " ; \ \ ;,;. f"oJ , . . , ' <,I . APPkOVEDAS TO FORM ANFl.oLE(jAL SUFFICIENCY: VOTE: ~moved and "~~~ \~~COnded approval of the requested zoning modifications, and upon a roll call the ote was....s:.- ~ III favor: Mayor Samson ~yes no Vice Mayor Turetsky .0es no Commissioner Iglesias vyes no Commissioner Kauffman vyes no Commissioner Morrow Jyes no Resolution No. 98-l-34 -4- E.~"'~\"\+ )> This insttumcllt Willi prepl~ by: Name: Stanley B. Price, Esq. Address: 200 S. BiscByne Blvd., #2500 Mill/nit l"L 33131 (SpIce reserved for Clerk) DECLARATION OF RESTRICTIONS WHEREAS, the undersigned Owner holds the fee simple title to the land in the City of Sunny Isles Beach. Miami-Dade County, Florida, known as 17070-17100 Collins Avenue, described in Exhibit "A," attached hereto, and hereinafter called the "Property," whieh is supported by the attorney's opinion attached as Exhibit "B," and IN ORDER TO ASSURE the City that the representations made by the owner during consideration of Publie Hearing resulting in Zoning Resolution No. 99-Z~34 will be abided by the Owner freely, voluntarily and without duress makes the following Declaration. ofRcstrictions covering and running with the Property: (1) The Owner shall be permitted to utilize the property in the following manner only: All uses pennitted in BU-t, BU-A and BU-2 districts (except that residential uses shllll not be permitted), bakeries, retail and wholesale; dry cleaning and dyeing establishmenUi; lockS1IJiths, sharpenittg and grinding shops; second hand stores fOf the disposal of furniture, fixtures and tools; television an.d broadeasting station, including studio, transmi Lting station and power plants and other incidental and unusual uses permitted to such a station; upholstery and fumiture repairs; wholessle, sales and storage rooms; other similsr uses 8S approved by the Director of the Building, Planning and Zotting Department. Cit\' InsDcctioD. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City, or its agents duly authorized., may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to detel1J1in.e whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. ~ Co\'cnant RunalD, with the Land. This Declaration on the part of the owner sba11 constitute a covenant tWl11ing with the land and may be recorded, at Owner's expense~ in the public records of Miami-Dade County, Florida and shall remain in full force attd eff~t iI11d be binding upon the undersigned Owner, and theit heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. a;\~\'3314'~b302'02i'~1B.Ol ll/:ilz/U9!J (Public Hl:lrlIIBJ lOO 'd ~6SL H~ SO~: 13! ** ** ** **1V '!3 'ml3BWnS 'N 1 211 B I~:OI (NOW)66,ll-'AON Dl:darllloll uCRrsh1cIlOIIS I'qe 1 :Inrn.. This Declaration is to nm with the land and shall be binding on all parties and aU persons claiming W1der it for a period of thirty (30) years from the date this Declaration i5 recorded after which time it shall be extended automaticEllly for successi~e periods often (10) years each. unless an instrument signed by the, then. owncr(s) of the Property has been recorded agreeing to change the covenant in whole. or in part, provided that the Declsrntion has first been modified or relensed by tlte City. Modification. Amendment. Release. This Declaration of Restrictions may be modified. amended or released as to the lnnd herein described, or any portion thereot by Q written instrwnent executed by the, then. owner(s) of all or the Property, including joinders of all mortgagees, if any. provided that the same is also approved by the City Commission, after public hearing. Should this Declaration of RestrictioDS be so modified, amended or released, the City Manager. or in the absence of such Msnager or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effecwating and acknowledging such moditication, amendment or release. EnfoJUmcnt. Enforcement shall be by action against any parties or person violatinM, or attempting to violate, any co~enant9. The prevailing party in any action or suit pertaining to or arising out of Lhis declaration shall be entitled to recover. in addition to costs and disbursements allowed by law. suell sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. Authorization for Sunny Isles Beach to Withhold Permit. and IDspedionl. 1n the event the terms of this Declaration are not being complied with, in addition to any other remedies available. the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this declaration i5 complied with. Election of ReUledicl. All rights. remedies and privileges granted herein shall be deemed to be cumulative and Ute exercise of anyone or mote shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exel'Cising such other additional rights, remedies or privileges. Presumption of ColllJllance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and appro~al of occupancy gi~en by the. City, theo such construction, inspedion and approval shall create a rebuttable presumption that the buildings or structures thus oo11Sttucted comply with tite intent and spirit of this Declaration. GI\DMS\7Jll~\10302\0268918.01 11/22/19911 (JtublIc Hearing) ~oo 'd ~6SL H~ SO~: 13~ ********1V '~3 'n~3SWnS 'N1211S l~: 01 (NOW) 66 ,ll- 'AON Decl.ratla. ur RI:Ilrldl... '111:3 Sevel'lIbilitv. Invalidation of anyone of these covenant!, by judgment of COl1rL. !lull not atTect any of the other provisions which shall remain in full force and effect. Recordinl. This Declaration shall be filed of record In the public rewrds of Miami-Dade COunt)', Florida tit the cost to the Owner following the adoption by Ute CiLy of a resolution approving the appti . ott. ed, witnessed" executed and acknowledged. this _ day ofNovem.ber, 1999. 17070 Coltlng Avenue Shopping Center, Ltd. B[\~~~ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument W89 acknowledged before me this ~y of November, 1999 by Raanan Katz, who is personally known to me or produced a valid driver's license as identification. My commission expires: G:\DMS\73314\10302\02&B91B,Ol 11/22/U99 (Public HlllItIn;) too 'd ~6SL tL~ SO~: 13l ********1V 'l3 'n~38MnS 'NIZ118 ~~: 0 1 (NOM) 66 ,ll- 'AON