HomeMy WebLinkAboutResolution Zoning 00-Z- 52
RESOLUTION NO. 00-Z-52
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING
REQUESTS OF NORTH BEACH DEVELOPMENT GROUP, INC.,
SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, North Beach Development Group, Inc., has applied to the City Commission
for approval of the following zoning modifications:
1. Deletion of a Declaration of Use recorded on May 2, 1989 in Official Records Book
14091 Pages 4733 through 4735 of Miami Dade County.
2. Non Use Variance of Floor Area Ratio (F.A.R.) to permit a proposed development with a total
F.A.R and bonuses of 3.29 (maximum 2.5 F.A.R. and possible F,A.R bonuses for a total F.A.R.
of 3.14 permitted)(30% amenities bonus pursuant to Section 33-222(4)(b)(i) is calculated in the
total bonus and floor area ratio).
3. Non Use Variance of setback requirements to permit the proposed underground parking
garage to setback 7 ft (25 ft required) from the interior side north and south property
lines.
SUBJECT PROPERTY:
North 112 of Lot 77 and all of Lot 78 of Tatum's Ocean Beach Park
Pb 5, Pg 35.
ADDRESS:
15701 Collins Avenue
And;
WHEREAS, a public hearing of the City Commission was advertised and held as
required by law and all mterested 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:
I. Modifications 1 through 3 are hereby approved subject to 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 a building permit; said plans to
include among other things but not limited to, location of structure or structures,
types, sizes and location of signs, light standards, off street parking areas, exits and
entrances, drainage, walls, etc.
b. That in the approval of the plan, the same be substantially in accordance with
that submitted for hearing entitled "Fantasy of the Isles", prepared by Manuel Perez-
Vichot AlA consisting of 12 sheets dated 8/15/00 and landscape plans entitled
Resolution No, OO-Z-52, North Beach Dev.
LMD/ch
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"Sunny Isles Beach", prepared by Brian D. Archer dated 7/14/00 except that the
applicant shall utilize only one driveway ingress and egress point.
c. That the use be established and maintained in accordance with the approved
plans.
d. That the applicant submit to the Departments for review and approval a
landscaping plan which indicates a 10 foot wide easement (such easement to be
proffered by the applicant) along Collins Avenue front setback to enable the
implementation of the streetscape master plan. The type, size of plant materials,
lighting and street furniture shall be in compliance with the streetscape master plan,
prior to the issuance of a building permit, and shall installed prior to the issuance of a
Certificate of Use and Occupancy.
e. That the applicant submit a Declaration of Restrictions acceptable to the City
which proffers the beach access and landscaping easements over, across, under and
through such easement parcels to the City, and renders the applicant responsible for
the maintenance of said easement.
f. That a recordable agreement be submitted to, and meet with the approval of,
the Planning and Zoning Departments providing for permanent and safe access for
pedestrian and vehicular traffic within the development, particularly for fire, police,
health and sanitation and other public service personnel and vehicles. Such
agreement shall be executed by the property owners and any and all parties having
an interest in the land, such as mortgagees, etc.
g. The floor area ratio bonuses for beach and bay access, pedestrian safety
program, beach-walk, beach renourishment and facility management, Collins avenue
setback, building amenities and density bonuses for local mass transit and median
landscaping listed on the hearing plan shall be granted for this development,
provided however, the applicant must present evidence of performance to the Zoning
& Code Administrator of the obligation required to qualify for any bonuses granted
prior to permitting.
h. Any Declaration of Restrictive Covenants, Unity of Title, Easement and/or
any other document required to be submitted as part of this approval must be
furnished to the Zoning & Code Administrator within fifteen (15) business days of
approval by the City Commission. If the documents are not so orovided within the
soecified time oeriod said aooroval willlaose.
i. 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 taxpayers of the City of
Sunny Isles Beach.
j. 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.
Resolution No. OO-Z-52, North Beach Dev,
LMD/ch
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k. That a management company shall manage the building at all times and shall
submit to the City's Zoning and Planning Department an annual report listing all
leasing and rental activities for each unit within the building.
1. Any zoning approvals shall expire one (1) year from the date granted, as per
Ordinance 98-52.
m. That the applicant provide 24-hour valet parking for guests.
n. That the applicant obtain a Certificate of Use and Occupancy from the City,
upon compliance with all terms and conditions, which Certificate of Use and
Occupancy shall be subject to cancellation upon violation of any of the conditions.
2. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 14th day of September, 2000.
By:
ISLES BEACH, FLORIDA
SSIon
A Tl'EST:
"' . "':.
~c.k~L~
Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE:
~f K~ moved and ~ 1~\0I'0&1~ seconded approval of the requested
zoning modifications, and upon a roll call the vote w&s :3 - - ~ in favor:
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
v;;.es_no
---'yes vno
-lLYes_no
-6es_no
---'yes Lno
Resolution No. OO-Z-52, North Beach Dev,
LMD/ch
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. 00-Z-52,
adopted by the City Commission at its meeting held on the 14th day of September, 2000.
Issued this ~ 1";iay of j"""'1 ' 2001.
~~~~.
Richard Brown-Morilla
City Clerk :. r
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LMD\ch
Resolution No. OO-Z-52, North Beach Dev.
LMD/ch
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This instrument was prepaR!d by:
Ro~ f1ll~I" Esq.
RobenFlil~I" P.A.
200 South Blscayne Boulevard, Suite 4600
Miami. Florida33131
Tel. (305) 377-2SOO
.,.
OOR593652 2000 DEe 12 09:28;!
(Space reserved for Clerk.)
DECLARA nON OF RESTRICTIONS AND GRANT OF EASEMENT
WHEREAS, the undersigned Owner holds the fee simple title to the land in the city of
Sunny Isles, Miami-Dade County, Florida, described in Exhibit "A," attached hereto, and
hereinafter referred to as the "Property," and;
WHEREAS, on April 12, 2000, the City of Sunny Isles, Department of Planning and
Zoning administratively approved proposed site plans for a 150 Wlit apartment hotel to be
constructed upon the property, subject to conditions contained therein, attached hereto as Exhibit
"B" and hereinafter referred to as the "Site Plan", and; .
WHEREAS the subject property is subject to a prior Declaration of Use, which is dated
April 10, 1989, and which is recorded at O.R. Book 14091, Page 4732 of the Public Records of
Miami-Dade County, Florida, a copy of which is attached hereto as Exhibit "e" and hereinafter
referred to as the "Covenant", and;
IN ORDER TO ASSURE the City that the representations made by the owner will be
abided by the Owners freely, volWltarily and without duress, the Owner and the City agree as
follows:
(I) Develooment in Accordance With Plans. That said Property shall be developed
substantially in accordance with the plans previously submitted, prepared by Manuel Perez- Vichot
AlA, entitled, "New Apartment-Hotel Fantasy of the Ocean", as modified, dated the Inth day of
April, 2000 and plans entitled "Preliminary Landscape Planting Plan" prepared by Brian D. J\I'Ir.~r,
dated April 1, 2000, said plans being on file with the City of Sunny Isles Department of Planning
and Zoning, and by reference made a part of this agreement. That the site plan submitted which met
the approval of the Planning and Zoning Department, upon submittal of an application for a
building pennit and/or Certificate of Use and Occupancy, shall include among other things but not
limited to the location of buildings; types, sizes and locations of signs; light standards; off-street
parking areas; exits and entrances; drainage; walls. fences, landscaping and irrigation, etc. and
traffic engineering issues.
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a. hnpact Fees, The owners shall pay all applicable impact fees at the time of application for
building permit or applicanon for Certificate of Use and Occupancy as per the City's Code.
b. UnderJrounding Utilities. Owner agrees to pay a pro rata share of the cost to the City of
undergroundins utility lines in the public rights-of-way on Collins Avenue based on linear feet of
frontage of the Owner's property in an amount not to exCeed $375 per linear foot of Owner's
frontage. This sum shall be payable prior to issuance I)f certificates of occupancy by the City. !
These funds. shall be eam1arked and segregated by the City to be applied solely for the purpose of
converting utility lines on Collins Avenue to underground facilities. The City shall determine, in
its sole discretion. the schedule for commencement of this undergrounding activity, not to exceed
five (5) years from the date.hereof. In the event the City does not proceed with this project within
said time frame, the City shall return the sum volunteered hereunder to the Owner. The Owner
reserves the right during construction to work directly with FPL and other utility companies to
underground the utitlities.
(2) Termination of Covenant. That the existing Covenant is hereby terminated and is of no
further force and/or effect.
'(3) Grant of Easement. The undersigned owner (''Grantor'') does hereby grant and convey to
the City of Sunny Isles ("Grantee") the following non-exclusive easement (Specifically described
in the attached Exhibit "D") over, across, under and through and upon the Easement Property for
the purpose of:
(3.1) Pedestrian ingress to and egress from the public beach as per approved plans.
(3.2) A 10' landscape easement running along the west property line.
(3.2) Constructing. maintaining, repairing or replacing the easement property or
improvements thereon for the use and enjoyment of the easement and for the benefit of the public
at Grantee's cost and expense.
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(3.3) Grantee shall be solely responsible for the restoration and maintenancl ".r the
easement property
(3.4) This grant of easement shall not become effective until such time as the City of
Sunny Isles Beach, Florida issues a final non appealable certificate of use and occupancy for the
development described in Section 1 Above.
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(4) Restoration of the EaSP.ml'!ftt Prooertv. After any iDstaUation by Grantee of permitted
facilities within the casementpropcrty or any subsequent repairs or maiDtenance thereof. the
Grantee, its employees, representatives or contractors sba1l remove all equipment and other
property placed on the easement property by of for the Grantee, till and level all ditches, ndS and
depressions caused by construction or removal operations, and remove all debris resultina
thereftom. The OraDtee sball aeneraI1y restore the surface of the easement Property as near to its
original conditions as may be possible, all within a reasonable time after the installation, repair
and/or maintcDance of such facilities.
(5) Use of the Easement Grantee shall have the right to do all things necessary, useful or
convenient for the full enjoyment of this Easement.
(6) Pemetual Duration. This Easement shall be perpetual in duration, and shall not be
changed, altered or amended except by an instrument in writing executed by the Owners and the
City or their respective successors and assigns,
(7) Reservations by Grantor. Grantor hereby reserves the right to use the Easement Property
for any purpose that shall not interfere with Grantee's use of and rights in the Easement Property as
set forth and created herein. Grantor shall not construct or permit to be constructed any structures
or obstructions on or over the Easement Property that would interfere with Grantee's rights under
this Easement.
(8) Indl'!lllnification. For $10.00 and other separate consideration, receipt of which is hereby
acknowlecJaed. Grantee 8gree to fully indemnitY and hold harmless grantor from and against any
and all loss grantor may sustain as a result of claims, demands, costs or judgments arising from the
granting of this easement
(9) City Insocction. As further part of this Declaration, it is hereby understood and agre..-u
that any official inspector of Miami-Dade County, br 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 determine whether or not the requirements of the building and zoning regulations and
The conditions herein agreed to are being complied with.
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(10) Covenant Runnin, with the Ymd. This Declaration on the part of the Owner sball
constitute a COYeDiDt I1IDidna with the land and may be MCOnIed. at Owncr~s expense. in the public
records of MiamiooDade County, Florida and sball remain in mu force and effect and be binding
upon the undersigned Owner, and their heirs, suc:cessors 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.
(II) Modification. Amendment. Release. This Declaration of Restrictions may be
modified. amended or released as to the land herein described, or any portion thereof, by a written
instrument executed by the then owner(s) of all of the Property, including joinders of all
mortgagees. if any. provided that the same is also approved administratively by the Director of
Planning and Zoning for the City of Sunny Isles.
Should this Declaration of Restrictions be so modified, amended or released, the Director of
the City of Sunny Isles Department of Planhing' and Zoning. or the executive officer of the
successOr. of such Department, or in the absence of such director or executive officer by his
assistant in charge of the office in his absence, shall forthwith execute a written instrument
etTcctuating and acknowledging such modification. amendment or release.
(12) Enforcement Enforcement shall be by action against any parties or person violating, or
attempting to violate, any covenants. 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 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.
(13) Authori7.8tion for City ofSunnv Isles to Withhold Permits and Inspections. In the event
the tenns of this Declaration are not being complied with, .in addition to any other remedies
available, the County is hereby authorized to withhold any further pennits, and refuse to make any
inspections or grant any approvals, until such time as this declaration is complied with.
(14) Election of Remedies, All rights, remedies and privileges granted herein shall be
deemed to be cwnulative and the exercise of anyone or more shall neither be deemed to
constitute an election of remedies, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies or privileges.
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(IS) Severability. Invalidation of anyone of these COvenants, by judgment of Court. shall
not affect any of the other provisions. which shall remain in full force and effect.
(l6)ReCofdina. This Declaration shall be tiled of record in the public records of Miami..
Dade County. Florida at the Owner's cost foUowing the adoption by the City ofSUMy Isles Board
of City Commissioners or Community Zoning Appeals Board of a resolution approving the
application.
IN WITNESS WHEREOF, the Owner ~ have executed and delivered this
Declaration of Restrictions and Grant of Easement thi ay of~OOO.
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WITNESSES:
OWNER/GRANTOR: .
,8E4C/I GP;I"
North 8boIt Development. Inc.,
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By:
Print e: ~t~
President
AA~L
WITNESSES:
GRANTEE:
City~~
By: ~
Print Name: ~.~ \f.";l",sat.
Title: tl\""t t\~cr
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State of Florida
County of Miami-Dade
The foregoina instrument was sworn to and su~bed before me this 20th day of November. 2000 by
Judy Schulman. President of NOI1h Beach Development Group, Inc.. Debtor in Possession. a Florida
COIpOI'Ition, on behalf of the corporation. He/she U is personally known to or (XJ has produced a
driver's license as identification.
[Notary Seal)
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Printed Name:
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My Commission
Expires:
State of Florida
County ofMiami~Dade
The foregoing instrument was sworn to and subscribed before me this 3IJ" day of November. 2000 by
Ow;.~ "3". ~.,....o . of the City of Sunny Isles Beach, on behalf of the city. Helshe r&J is
personally known to me or (X] has produced a driver's license as identification.
\.. ~e..J>QtIl"~ Wc:LO ta.
[Notaay Seal] Notary Public
Printed Name: t=1i~ll, -ry1~uj4~
My COmmission
Expires:
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EXHI8IT uA II
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The Nortll ~ of Lot TI. .ad all of Lot ,. ofT A TUMS OCEAN BEACH
PARK. accord.. to "'e Plat ....reof. II recorded in PI.. Book 5 Pale
3S, oldie Public Records of Mi....i Dade County, Florida, I)'inl East of
tbe followinl de.cribed Ii.e:
8.hlDi~1 290 feet W.t of tile Easterly DlODlnlen. of the South line of
Lot 71i.rtbr .roreald suJ;Jdlvisifl.. ....ce Non. II dill"" IJllli.utes.
J6ieCO..'Easrfor a di_aCe 0'611.59 reet to tbe North Jlne of Lot 81.
of ..id lubcllvllion.
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EXlDBIT "B"
Site Plan as referenced by City of Sunny Isles Beach in Resolution No. 2000-Z-S2.
STATEOF~
, HfIfEBt' a"", LORIDA, OU
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I. Htis offlce
HARVEY RUVIN. CLERK. Ci
Deputy Cle~
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See Declaration of Use annexed hereto d.ted October 6. 1988
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Prepared S1:
L~~ ~lLl~H. P,~.
1:9no Blsca~n. Bl;~.. .6G~
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1 HEREBY CERTifY thot tile toregoin jrb
original on lile in t~IS oltice.
HARVEY RUVIN, CLERK, of
Deoutv Clerk
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'!he following 1. a DeclaratlOft of D.e, pursuant to bade
County Or41aa.. ....46 lIad reol.llatiOlll adopted pur.uant thee-eto,
,-ftat.laa to the 01,...il "aob Club. located at 15701 Collln.
"venue, lIini ...ch, Dada County. rlorida. being 1I0ro partieu.
l.rly d..cribad in Exhibit .". attach,d bereto.
1. 'I'he IIOta1 u.. .hall cofttlnue to be uinta1ne. on
the ...bethidad propert.y COIIp1et.e wlth front .se.k, ex,cIltiv.
offiCI, r..t.aurant and recreatioaal .r.... .U of which .re com-
110ft to Ind nece...ry fozo lIOtel opu:.tlon.
2. "revS.tal'. .lgn.4 by g_ta ,,110 occupy unl.:.
withia tbe IIOta1. .bowing the d.te of arrival and cleparture of
g....a in aacb J:oo. t.hrougbout the paC', ,hall be _int.atHd at
aU tiM. and Mde Ivallable l!nr iuptlct.lon by the Dlrector of
8uUIlillll .nd loftino Dep.rtaent, Matropolh.n Dade COIInty, a\ any
tiM.
3. The rental of all unin 1n the IIOtel will bl
hlftdled by In enthy who ahall coUect aU .pplicable taxe.
including ..1e. 'I:d zol.ort t.axel appl1c.ble to ltC/tel room zoen-
tai.. O1\-.lte ..nage..nt will provide and 'Ilpnviae dally ...id
and llnen ..rvlce for III rOQDS that request it. Roam rate. will
be zo..80nab1e to the aark.t.
4. All unit. in the motel .ahal1 be off.red for rent to
t.he publie at all reelOoable t i.... except wMn occupied by the
own.r or 1......
5. Hot .ore than fly. 15') percent of the units 1n the
_tel .ball be Occlapi.ed 'by _the ovn.~...~!._.a!,y'. (lt~!r. .~~r~~n. .:~_~~~_
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than aix (6) \IIOnth. in anyone year, ant! IIny units ,emitted to
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be occupied for MOre ~h.n aix ($1 ~nth8 in anyone year shall be
apeclticallf idltnt if toed. Occupancy fer IlICte than six (6) llICnth.
ahAl1 llot tlct allowec! in any other ul\it.
6. ..ntal rltea shall be posted .s required by Florida
Statllt.. Ind rea.onable Cor the urket.
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O1,.,le ".ob Club
15'01 COU.... ."...
eu.. .......11. 33110
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7. Bach buytlL' or 1..... ahall be reqltlncl to execute
. atat..ant at the tlM of CiOfttnct acknow1e4glll9 not lei of thl
Deelnation of U.. all4 I\lr..ino to cOlIply thnIVith. Tha
Dec1.uaUon Ihall advile that the Code of Metropolitan Dade
Countr. Plol'ida, pL'ovicl.. penalt.t., for IItl1tution of the pro-
P'l'ty I!OL' OtML' than IIOte1 u...
8. Thl, Deelaradon shaU not be lIodlUed or nvoked
without prior appL'ov.l of ...tL'opoUtan We County al!tn public
hearing. Upon any violation of thll Dltclerltlon. tlul Dh'aj:ltoC' of,
Bl&Udlng and 'Ionino Deplrtllllnt, MetL'opoUtan Dads County, III'
t... eN!Ol'ce....t act lon, lno1udillg the revocat1an of eny appL'O-
vala or perlllltl.
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ROBERT M. PORTIER, INC. ;'f.:r:i~ 'n
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':'HIS INS'l'RUMEN'l' PREPAIlED BY I
Ult KILICll, r.l'..
11900 ai.cayne Blvd., .8~9
No. Miami. FL 3318)
13051 893-8931
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m: '.'14735
IIIDU :a:.
ucw. DllCUm. or OI.!llPIA UACII c:r.ua
.a ... ClOIDaIII.IUII
ft. IIonh on......lf ell 1/2) of Lot.,." aftd aU of Lot 78, of
'l'A'I'UII" acau IIMCII 'All, aCCOcding to the Plat the"'Mf, ..
.......... 1ft Plat 800k S, It hOe 35, of the Pvbllc "COrdi of
Da" C:01I1I1:,\', 'lol."ida.
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. STATE OF FLOR'O~,
t HEREBY CERTIfY tha~ the .IOft90I
orilJinal on tile ill "'.s olllce.
HARVEY RUVIN, CLERK,
Deputy e'er
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Exhibit tlO"
.11111111111I111111111111111111I11I1111 II.
<'1~1~"~~~11"
June 12.2000
BEACH AC(;ESS~~I!NT
LEGAL "DISCiUI'I'ION
Strips of land 25.00 feet wide, for a.ch AcceI8 E..men~, lying on the North and
South side respectively and IVlng within the boundaries of the follOWing described
p~ and being more particularly described of follows:
The North 25.00' feet of, and the Lot 78 and North 1k, of Lot 77, TAlUM'S OCEAN BEACH
PARK; BCCOrcIlng to the plat thereof, as recorded In Plat Book 5, at Page 35, of the Public
ReCords of bade County, florida,
AJlD:
The South 25.00' feet of, and the Lot 78 and North ~, of lot 77, TATUM'S OCEAN BEACH
PARK, acconIlng to the plat thereof, as recorded In Plat Book 5, at Page 35, of the Public
Records of DlCle County, florida.
~1iI~JEQIID$IClOI(
OFOV:WCClCNrv. l\aIID4.
III!CCMO 1IIIRfI\llfCl
HARVEY RUVIN
CLERIC ClRCUITCOURT
IIII
300 S.W. 1071h AWlIUI- N, No. 21~ - MlImI, FIoridll- Volce (305) 551-6000. Fax (3051221-1239
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