HomeMy WebLinkAboutResolution Zoning 00-Z- 53
RESOLUTION NO. 00-Z-53
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING ZONING
MODIFICATIONS REQUEST OF FIVE SEAS INVESTORS, INC.,
SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Five Seas Investors, Inc., applied for the following zoning modifications:
1. Modification of Condition 1 (B) of Resolution 98-Z-21 passed and adopted by the City
Commission of the City of Sunny Isles Beach on the 17th of September, 1998 reading as
follows:
From 1 (B): That in the approval of the plan the same be in accordance with that
submitted for the hearing entitled "Westgate Condominium" prepared by
Kobi Karp consisting of 31 sheets dated 7/10/98 and landscape plans
prepared by Witkin Design Group dated 7/14/98 consisting of 3 sheets.
To: That in the approval of the plan the same be in accordance with that
submitted for the hearing entitled "Newport Beach Tower", prepared by
Kobi Karp consisting of 14 sheets dated stamped received 9/21/00.
2. Non Use Variance of Landscaping requirements to permit 14% landscaping (17.22%
landscaping required).
SUBJECT PROPERTY:
A PORTION OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE
INTERSECTION OF COLLINS AVENUE (STATE ROAD A-I-A) AND SUNNY ISLES OCEAN
BEACH BOULEVARD; THENCE NORTH 86d 20'46" EAST ALONG THE CENTERLINE OF SAID
SUNNY ISLES OCEAN BEACH BOULEVARD, FOR 50.65 FEET; THENCE NORTH 05d 33'21"
EAST FOR 67.88 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE
LEFT, HAVING FOR ITS ELEMENTS A RADIUS OF 4083.34 FEET AND A CENTRAL ANGLE OF
02d 42'18", SAID POINT BEING THE POINT OF BEGINNING OF A PARCEL OF LAND
HEREINAFTER DESCRIBED, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY
LINE OF SAID COLLINS AVENUE; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
AND ALONG SAID EASTERLY RIGHT-OF-WAY FOR AN ARC DISTANCE OF 192.78 FEET, TO
THE POINT OF TANGENCY OF SAID CURVE, THENCE NORTH 02d 51'03" EAST ALONG SAID
EASTERLY RIGHT OF WAY LINE FOR 21 1.01 FEET (201.53 FEET, DEED);THENCE NORTH
85d54'46" EAST FOR 500 FEET TO A POINT ON THE SEASONAL HIGH WATER LINE EL.=5.47
N.G.V.D. AS SHOWN IN PLAT BOOK 134, PAGE 47 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA; THENCE RUN SOUTH ALONG SAID SEASONAL HIGH WATER LINE FOR
A DISTANCE OF 435 FEET PLUS OR MINUS, TO A POINT ON THE NORTHERLY RIGHT OF
WAY LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD (76' R.O,W.), THENCE RUN
SOUTH 86d20'46' WEST ALONG THE NORTHERLY RIGHT OF WAY LINE OF
AFOREMENTIONED SUNNY ISLES OCEAN BEACH BOULEVARD, FOR A DISTANCE OF 488
Resolution No, 00-2-53 -- Five Seas Investors, Inc. 1
FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING FOR
ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 99d 12'35"; THENCE
WESTERLY AND NORTHERLY ALONG THE ARC OF A CURVE FOR AN ARC DISTANCE OF
43.29 FEET, TO THE POINT OF BEGINNING, TOGETHER WITH AND INCLUDING THAT
PORTION OF SAID PREMISES KNOWN AS THE FISHING PIER AS THE SAME EXTENDS
EASTWARD AND OUTWARD INTO THE ATLANTIC OCEAN. SAID PROPERTY BEING
HISTORICALLY DESCRIBED AS: ALL THAT CERTAIN TRACT OF LAND LYING IN
GOVERNMENT LOT 1 OF FRACTIONAL SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST,
DESCRIBED AS FOLLOWS: START AT POINT, DESIGNATED BY AN IRON PIPE, WHICH IS
LOCATED AT THE EAST END OF A BASE LINE THAT IS 16.00 FEET NORTH OF AND
PARALLEL TO THE SOUTH LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD, AS
SHOWN ON AMENDED PLAT OF BELLA-VISTA SUBDIVISION, AS RECORDED IN PLAT
BOOK 8. AT PAGE 128, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, RUN 152.00
FEET WEST ALONG SAID BASE LINE; THENCE BY AN ANGLE DEFLECTING 90 DEGREES TO
THE RIGHT, A DISTANCE OF 60.00 FEET TO A POINT OF BEGINNING; THENCE CONTINUING
ALONG THE SAME LINE, BEING THE EAST LINE OF THE COUNTY ROAD KNOWN AS
GOLDEN BEACH ROAD, A DISTANCE OF 230.00 FEET MEASURED DUE NORTH AND SOUTH
TO THE NORTH PROPERTY LINES; THENCE EAST ON A LINE PARALLELING THE
AFORESAID BASELINE A DISTANCE OF 300.00 FEET, MORE OR LESS, TO THE HIGH WATER
MARK OF THE ATLANTIC OCEAN, THENCE SOUTH ALONG THIS MEANDERING HIGH
WATER MARK A DISTANCE OF 230.00 FEET MORE OR LESS, TO THE INTERSECTION OF
SAID LINE WITH A LINE PARALLELING SAID BASE LINE AND 60.00 FEET NORTH OF SAME;
THENCE WEST PARALLELING SAID BASE LINE A DISTANCE OF 273.00 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING; TOGETHER WITH ALL THAT PART OF GOVERNMENT
LOT 5 OF SECTION 11 AND GOVERNMENT LOT 1 OF SECTION 14, IN TOWNSHIP 52 SOUTH,
RANGE 42 EAST, DESCRIBED AS FOLLOWS: START AT A POINT ON THE NORTH
BOUNDARY LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD 76,00 FEET NORTH OF
THE NORTHEAST CORNER qF LOT 36, OF BELLA VISTA SUBDIVISION, ACCORDING To THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, AT PAGE 128, OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA; THENCE EAST ALONG THE NORTH LINE OF SAID SUNNY
ISLES OCEAN BEACH BOULEVARD PRODUCED EASTERLY A DISTANCE OF 134.04 FEET TO
A POINT, THENCE DEFLECTING TO THE LEFT AT AN ANGLE OF 80d47'25", RUN
NORTHEASTERLY 233.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
NORTHEASTERLY ON THE SAME COURSE A DISTANCE OF 201.53 FEET, THENCE DEFLECT
TO THE RIGHT AT AN ANGLE OF 80d21'25", A DISTANCE OF 309.00 FEET MORE OR LESS TO
THE HIGH WATER MARK OF THE ATLANTIC OCEAN, THENCE MEANDERING THE
HIGHWATER MARK OF THE ATLANTIC OCEAN IN A SOUTHERLY DIRECTION TO A POINT
WHERE THE HIGH WATER MARK OF THE ATLANTIC OCEAN WILL BE INTERSECTED BY A
LINE DRAWN PARALLEL TO AND 230.00 FEET DUE NORTH FROM THE NORTH LINE OF
SUNNY ISLES OCEAN BEACH BOULEVARD PRODUCED EASTERLY, THENCE IN A
WESTERLY DIRECTION ALONG SAID LINE PARALLEL TO AND 230.00 FEET DUE NORTH
FROM THE NORTH LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD, PRODUCED
EASTERLY 272.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, SAVE AND
EXCEPT CERTAIN PORTIONS OF THE ABOVE DESCRIBED LANDS PREVIOUSLY DEEDED
BY SUNNY ISLES CLUB, INC. TO THE COUNTY OF DADE FOR PUBLIC HIGHWAY PURPOSES
WHICH SAID PORTIONS OF THE ABOVE DESCRIBED LAND ARE STILL HELD BY THE
COUNTY OF DADE AND HAVE NOT BEEN RECONVEYED TO SAID SUNNY ISLES CLUB, INC.
TOGETHER WITH AND INCLUDING THAT PORTION OF SAID PREMISES KNOWN AS THE
FISHING PIER AS THE SAME EXTENDS EASTWARDS AND OUTWARD INTO THE ATLANTIC
OCEAN. SAID PROPERTY SITUATE, LYING AND BEING IN DADE COUNTY, FLORIDA
CONTAINING 230,942 SQ. FT OR 5.3 ACRES MORE OR LESS.
Resolution No. OO-Z-53 -- Five Seas Investors, Inc. 2
ADDRESS:
16701 Collins Ave
And;
WHEREAS, the applicant has withdrawn Item No.2 from consideration; 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:
1. Modification of Condition 1B of Resolution No. 98-Z-21 is 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 "Newport Beach Tower" prepared by Kobi
Karp consisting of 14 sheets dated stamped received 9/21/00, as amended at
public hearing, and the conditions of this Resolution.
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
be installed prior to the issuance of a Certificate of Use and Occupancy.
e. That the applicant proffers a Unity of Title acceptable to the Zoning and
Planning Departments to provide offsite parking on the existing parcel
currently used for parking by the hotel across Collins Avenue. That said
parking garage conforms with plans and conditions approved under
Resolution 98-Z-10, that applicant submit a modified application with respect
to the parking garage provided that the number of spaces, previously
approved, shall remain the same and that a Certificate of Use and Occupancy
will not be provided to the proposed Newport Beach Tower development
until the parking garage is completed. The Unity of Title may be released
only after approval at a public hearing.
Resolution No. OO-Z-53 -- Five Seas Investors, Inc. 3
f. That any Declaration of Restrictive Covenants, Unity of Title, Easement
and/or any other document required to be submitted as part of this approval,
such documents must be furnished to the Zoning & Code Administrator
within 30 business days of approval by the City Commission. If the
documents are not so orovided within the soecified time oeriod said
aooroval willlaose.
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
taxpayers ofthe City of Sunny Isles Beach.
1. That the applicant complies with all conditions and requirements of the
Department of Environmental Resources Management (DERM), the Fire
Department and the Florida Department of Transportation.
J. 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.
k. Any zoning approvals shall expire one (1) year from the date granted, as per
Ordinance 98-52.
1. That the applicant provides 24-hour valet parking for the guests.
m. 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.
n. That the development meets all the requirements of Chapter 33 of the Miami
Dade County Code and that the parking complies with the hotel standards as set
forth under City Ordinance 99-84.
o. Applicant shall provide additional landscaping along the southern fayade of the
building to buffer the structure from the public area, to include palm trees and
trellises with vines.
p. Applicant shall reconfigure in its plans all of the parking along the southern side
of the public area to create the potential for a wider landscaping buffer along the
northern edge
q. Applicant shall plant a cluster of palm trees to the east of the parking area to
enhance the visual corridor, as well as, to buffer the pedestrian access point to the
beach from the abutting structures.
r. Applicant shall restructure the permit agreement so that the parking space fees
would better serve the public recreation users, particularly in terms of short term
parking for beach goers.
Resolution No. OO-Z-53 -- Five Seas Investors, Inc. 4
s. Applicant shall limit the ingress and egress of trucks and service vehicles into the
loading area of the hotel that in the proposal is through the public area to times
such as early weekday hours to create less of an impact on the public who utilize
the beach.
t. Applicant shall articulate and enhance of the exterior walls housing the utility
areas of the hotel adjacent to the pier access pathway to be in better conformity
with other exterior fayade treatments.
u. Applicant shall screen the ramp areas into the garage structure with landscaped
trellises and palm trees and the plans shall so reflect.
v. Applicant shall enhance screening of the garage fayades through expanded glass
mosaic panels.
w. Applicant shall supply proof to the City that the waterfall will create the desired
aesthetic effect as currently proposed and assurances that wind blown water will
not pose a nuisance or potential hazard to public access areas adjacent to the
structure.
2. The withdrawal by the Applicant of the Non Use Variance of Landscaping request is
hereby accepted by the City.
3. This Resolution becomes effective upon adoption.
PASSED AND ADOPTED this 21st day of September, 2000.
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Co
By:
ATTEST:
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~cJ@iQ- Bt~Morimi;, C:ity Clerk
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Resolution No. 00-Z-53 -- Five Seas Investors, Inc. 5
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE:
~~t~ moved and V,u..~W' A4WtW seconded approval of the requested
zoning modificatIons, and upon a roll call tn vote was 5' -~ in favor:
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffinan
Commissioner Turetsky
v'yes_no
~es_no
LYes_no
LYes_no
~es_no
Resolution No. OO-Z-53 -- Five Seas Investors, Inc.
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-53 adopted
by the City Commission at its meeting held on the21 st day of September, 2000.
Issued this ~,.L day of ::\...... '""":) , 2002. ·
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Resolution No. OO-Z-53 -- Five Seas Investors, Inc. 7