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HomeMy WebLinkAboutResolution Zoning 00-Z- 49 RESOLUTION NO. 00-Z-49 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE REQUEST OF OCEAN TWO LIMITED PARTNERSHIP FOR MODIFICATION OF CONDITION 1C OF RESOLUTION NO. 98-Z-28 AND CERTAIN NON USE VARIANCES, SUBJECT TO CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ocean Two Limited Partnership, has applied for the following: 1. Modification of Condition 1 C of Resolution 98-Z-28 passed and adopted by the City of Sunny Isles Beach on the 17th December, 1998 reading as follows: From: Plans are on file and may be examined in the Building, Planning and Zoning department entitled "A ventura Beach Chateau Resort Condominium", prepared by Kobi Karp Architects, Interior Designers dated 7-1-98 consisting of 10 pages, plans entitled "Survey for Dezer Properties Co.", prepared by Zurwelle Whittaker, Inc. dated stamped received 7-1-98 and plans entitled "Aventura Beach Chateau Resort Condominium I" prepared by Witkin Design Group dated 8-11-98 consisting of 2 pages. Plans may be modified at public hearing. To: Plans are on file and may be examined in the Building, Planning and Zoning department entitled "Ocean Two", prepared by the Seiger Suarez Architectural Partnership dated stamped received 4/14/00 consisting of 29 sheets. 2. Non Use Variance of Floor Area Ratio to permit an apartment development with a floor area ratio of 3.40 (2.5 floor area ratio permitted) (2.97 floor area ratio approved). 3. Non Use Variance of Zoning Regulations as it applies to building obstruction to permit proposed development to obstruct 80% (406 ft.) of the width of the site above 20 ft. MSL (50%- 256 ft. obstruction permitted). 4. Non Use Variance of Parking Regulations to permit a total of 450 parking spaces (475 spaces required). 5. Non Use Variance of Zoning Regulations to permit a view corridor width of 81 feet (100 feet wide required). SUBJECT PROPERTY: Tract 'D' of Amended Plat of North Biscayne Beach Pb 44 Pg 42 of the Public Records of Dade County, measured at right angles to the South line of said Tract; AND that strip of land lying between the Dade County Bulkhead Line and High- water line of the Atlantic Ocean and lying between the prolongation East of the North and South boundary Resolution No. OO-Z-49 LegislationIResolutions/ Attorney 1 lines of the parcel of land together with all common law and statutory riparian rights and/or littoral rights appertaining thereto. ADDRESS: 19111 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 property consideration having been given to the matter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: 1. Based upon positive recommendations of staff, the Applicant's request for Modification of Plans and Non Use Variances, Items 1 through 5 hereinabove, are hereby approved, subject to the conditions of Resolution No. 98-Z-28 (as reiterated by Items C through X below) as well as the following conditions: A. The Modification of Condition 1C of Resolution 98-Z-28 is as follows: "Plans are on file and may be examined in the Building, Planning and Zoning Department entitled "Ocean Two," prepared by the Seiger Suarez architectural Partnership dated stamped received 4/14/00 consisting of29 sheets." B. That the streetscape plans for Collins Avenue be incorporated into this project, through a cooperative effort with City staff and the authorized consultant and providing an easement for between six (6') and ten (10') on Collins Avenue, as necessary, for streetscape and undergrounding of utility purposes. C. 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. D. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "Ocean Two," prepared by the Seiger Suarez architectural Partnership dated stamped received 4/14/00 consisting of29 sheets. E. That the use be established and maintained in accordance with the approved plans. F. 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. Resolution No. OO-Z-49 LegislationlResolutions/ Attorney 2 G. That the applicant provides plans meeting with the approval of the Zoning Director 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. H. 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. 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 constructs an appropriate barrier between the construction and adjoining properties in order to minimize blowing of sand and debris. K. That the applicant will abide by all City and County ordinances relating to the hours of operation for construction commencement and termination. 1" That the applicant will use its best effort to minimize vibration and noise during the construction of the project. M. That the applicant proffer a covenant to provide a pro-rata share of undergrounding utilities along the frontage of the property on the public right of way, pro-rata share for Collins Avenue beautification and for dedication of easement for beach access. N. The developer should be required to provide landscape improvements at and within the AlA right of way corridor to increase the effectiveness of the buffer zone between this development and the low density residential district located directly to the west of this project. Such improvements should be consistent and compatible with plans prepared by the City's Landscape Architect. O. No parking garage structure which exceeds 1/2 story or 6 feet above the public sidewalk grade should be permitted within 75 feet ofthe Collins Avenue property line. (It is important to note that, under the existing Dade County zoning code as adopted by the City, parking garages are not counted towards FAR. There impact is, therefore, in excess of the FAR granted for the main structure. Consequently, it is necessary to insure that this increased building bulk is properly distributed and adequately buffered so that it does not create incompatible scale differentials at the right of way which will tend to dwarf pedestrian activities and otherwise render the right of way inhospitable. Additionally, it is necessary for the City to insure that the configuration of the parking garage does not nullify the setback buffers and other development features intended to protect the community as a whole from the impacts of this developments bulk and scale. Resolution No. 00-Z-49 Legislation/Resolutions/ Attorney 3 P. No parking garage structure should be permitted within any proffered easement. Q. No portion of the proposed parking garage structure should be visible from the Collins Ave right of way. The entire front setback should be bermed and fully landscaped to insure that the front setback provides an adequate buffer necessary to mitigate the impacts of the increased bulk and scale of the proposed structure from adjacent pedestrian activities as well as from the low density residential property to the west. R. Pedestrian safety improvements including, but not limited to traffic lights, additional crosswalks, safety fencing, signage and the like within the public right of way should be mandated to insure the accessibility of the proffered ~asement and to insure the safety of the residents who wish to utilize the proffered access easements. (This condition is especially important due to the location of the northern easement at the confluence of two major roadways (i.e. Collins Ave & The William Lehman Causeway). S. No wall, fence or visual obstruction of any kind shall be placed within 25 feet of the Collins Ave. public right of way and no such wall or fence shall in any way obstruct an access easement. No portion of an access easement shall be utilized for vehicular access to the parking garage or to main structure loading docks etc. T. Paving within the front setback shall consist of pavers or other decorative materials approved by the Building Official. Under no circumstances shall asphalted concrete or plain concrete be utilized as paving in the front setback. (This is intended to mitigate the visual impacts of so large a scale development upon the adjacent land uses). U. The proffered access easements shall be fully landscaped and public facilities including, but not limited to benches, lighting, public restrooms and foot showers shall be provided or constructed by the developer therein according to a plan approved by the Building Official. The developer shall not be required to pay for the use of electricity or water by the public after the completion of initial construction but, he will construct the necessary infrastructure to including water lines, plumbing and electrical service as will be necessary to make the easement fully operational. (By law, the grant of any FAR bonus based upon the grant of access to the ocean or the bay shall consist of improved access easement/s). V. The developer must agree to finance his pro-rata share of long-term beach re- nourishment costs which may be required as a consequence of the impacts that this development will have upon the erosion of the adjacent public beach. W. No walls or fences shall be constructed within 15 feet of the public beach along the rear property line unless the wall or fence is buffered from the beach by a transition boardwalk at least 15 feet in width running from side property line to side property line along the rear property line. The buffer may be constructed within the public right of way at the developers sole cost provided he obtains permission from all necessary public authorities. Alternately, if permission cannot be obtained at the time of construction, the developer may opt to escrow an appropriate sum equal to the cost of the buffer so that the Resolution No. 00-Z-49 Legislation/Resolutions/ Attorney 4 City can construct the boardwalk buffer at a later date when permission can be obtained. Should permission not be obtainable within a twenty (20)-year period of the commencement of construction, the funds would be returned to the developer along with any accrued interest that the escrowed funds may have earned during that period. This provision is deemed necessary to insure that the bulk and scale of this proposed project does not intrude upon the usability of the beach, to improve north-south accessibility for handicapped individuals using the access easement to the beach and, to insure that there is an appropriate transition between the beach and the built environment. X. This project site is located within the Coastal High Hazard Area in a Class I evacuation zone. It is therefore necessary for the developer to mitigate adverse impacts, which this project may have upon the feasibility of the City's Coastal Hazard Mitigation Strategy. All overhead utilities adjacent to the public right of way should be placed underground in order to insure the public safety during an evacuation procedure and to insure the ability of the City to restore public utility service subsequent to a storm event. Y. That the applicant will use its best efforts to provide tandem parking, if possible. 2. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 15th day of June, 2000. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Co By: ;..._J," '"' :.t .'" 'ATTEST: ,.,0- .. " . '~~~tt" Richard Brown-Mprilla, City Clerk Resolution No. 00-2-49 Legislation/ResolutionsJ Attorney 5 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: oved and~~\~l~ seconded approval ofthe requested d upon a roll call the vote as 5"" - ~ in favor: Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky ~es_no Vyes_no ~es_no -Des_no .JLyes_no Resolution No. OO-Z-49 LegislationlResolutions/ Attorney 6 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. 00-Z-49, adopted by the City Commission at its meeting held on the15th day of June, 2000. Issued this \'2.<'" day of t'..J"y~ ,2002. LMD/ch Resolution No. OO-Z-49 LegislationlResolutionsl Attorney 7