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HomeMy WebLinkAboutResolution Zoning 00-Z- 55 RESOLUTION NO. 00-Z-55 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING REQUESTS OF BEVERLY TOWERS, INC., SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Beverly Towers, Inc., has applied to the City Commission for the following . . ZOnIng varIances: 1. Non Use Variance of Floor Area Ratio (F.A.R.) to permit a proposed development with a total F.A.R of 4.25 (maximum 2.5 F.A.R. and a possible F.A.R bonuses for a total F.A.R. of 3.24 permitted)(30% amenities bonus pursuant to Section 33-222(4)(b)(i) is calculated in the total bonus and floor area ratio). 2. Non Use Variance of Setback requirements to permit the proposed villas to setback 0 ft (25 ft required) from the rear (east) property line and to permit a proposed decorative waterfall to setback10 ft (50 ft required) and a gatehouse to setback 30 ft (50 ft required) from the front (west) property line. 3. Non Use Variance of Setback requirements to permit the proposed parking garage to setback 20 ft (25 ft. required) from the interior side (north and south) property line. 4. Non Use Variance of Zoning Regulations requiring no structures above 15 ft M.S.L. be permitted in the view corridor; to waive same, to permit a parking garage structure. 5. Non Use Variance of Zoning Regulations as it applies to maximum building obstruction to permit proposed development to obstruct 71 % (500 ft) of the width of the site above 20ft M.S.L. (50%-350ft obstruction permitted). 6. Non Use Variance of Zoning Regulations as applied to building separation to permit a building separation of 100 ft (182 ft. required) and to permit a structure (spa) in the building separation above 20 M.S.L. LEGAL: The north 400 ft of Lot 1, Tatum's Sub Pb 10 pg 64 and the south 300 ft Lot 1 of Tatum's Sub Pb 10 pg 64 all lying east of State Road AlA (Collins Ave). ADDRESS: 16875, 16901 and 17001 Collins Avenue. And; Beverly Towers, Inc., Zoning Reso. OO-Z-55 LMD/ch Legislation/Reso/ Attorney 1 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were heard, and, upon due and property consideration having been given to the matter; and WHEREAS, the applicant has withdrawn request for a gatehouse setback variance included in request No.2 and has also withdrawn request No.3 hereinabove from consideration by the Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: I. Modifications No. I, 2 (except for gatehouse setback variance which was withdrawn), 4, 5 and 6 are hereby approved subject to the following conditions: A. As to Request No.1, approval of the F.A.R. is specifically conditioned upon the Applicant's submittal of a Declaration of Restrictive Covenants restricting the number of units permissible to 320, including 10 town homes, with a minimum gross square footage of 3133 per unit. The Declaration must state that the project shall be maintained solely as a condominium and not as an apartment/hotel. B. The Applicant must submit a recordable agreement granting a beach access of 35 feet on the north side of the project. C. Modification Request No.5 for Non Use Variance of Zoning Regulations as it applies to maximum building obstruction is hereby approved to permit proposed development to obstruct 68% of the width of the site above 20ft M.S.L. D. 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. E. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "Beverly Towers," prepared by Kobi Karp consisting of 11 sheets dated stamped received 11/02/00. F. That the use be established and maintained in accordance with the approved plans. G. 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. Beverly Towers, Inc., Zoning Reso. 00-Z-55 LMD/ch LegislationlReso/ Attorney 2 H. 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. I. 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 15 business days from draft of resolution. IF THE DOCUMENTS ARE NOT SO PROVIDED WITHIN THE SPECIFIED TIME PERIOD. SAID APPROVAL WILL LAPSE. J. 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. K. 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. 1" Any zoning approvals shall expire one (1) year from the date granted, as per Ordinance 98-52. 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. 2. This Resolution becomes effective upon adoption. PASSED AND ADOPTED this 15th day of November, 2000. CH, FLORIDA By: ATTEST: ~~~\A~ ~chard Br\,W!!:,M.Qri1l*,,: City Clerk ^, ... -J " ~ . t Beverly lowers,I~';~ning'lleso. OO-Z-55 LM.D/ch"',:c<~".' , ' Leg~tionlReS.,{ Attorney 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: 'Jiu....~~~W~ moved and ~~\~^,:h~seconded approval of the requested zoning modifications, and upon a roll call the vote was -=L - ---.l in favor: Mayor Samson Vice Mayor Kauffman Commissioner Iglesias Commissioner Morrow Commissioner Turetsky ---'yes ~o ~es_no ~es_no ~yes_no ~es_no Beverly Towers, Inc., Zoning Reso. 00-Z-55 LMD/ch Legislation/Reso/ Attorney 4 STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, RICHARD BROWN-MORlLLA, 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-55 adopted by the City Commission at its meeting held on the15th day of November, 2000. Issuedthis~*dayof No~ ,2000. -- ... ~ ...~- .. .. ~- ....." ~~~u~ Richard Brown-Mgrilla \ J._ ..', City Clerk '. \: ' . ) LMD\ch -e,"'" . -....,. ':- ~ . ." , . . (" .! f" _~"". "; Beverly Towers, Inc., Zoning Reso. 00-Z-55 LMD/ch LegislationlReso/ Attorney 5