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HomeMy WebLinkAboutResolution Zoning 01-Z- 59 RESOLUTION NO. 01-Z-59 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING REQUESTS OF BLUE SEAS ASSOCIATES, LLC., SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Blue Seas Associates, LLC., has applied to the City Commission for approval of the following zoning modifications: 1. Non Use Variance of Floor Area Ratio (F.A.R.) to permit a proposed development with a total F.A.R and bonuses of3.70 (maximum 2.5 F.A.R. and a possible F.A.R bonuses for a total F.A.R. of 3.163 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 Floor Area Ratio (F.A.R.) requiring single floors 20 feet above grade not to exceed 0.20 F.A.R. to waive same; to permit single floors with a 0.21 floor area ratio. 3. Non Use Variance of Setback requirements to permit the proposed tower building to setback 25 ft (33.42 ft required) from the interior side (north) property line, setback 20 ft (33.42 ft. required) from the interior side (south) property line and to permit a proposed decorative waterfall to setback 28.75 ft (50 ft required). 4. Non Use Variance of Setback requirements to permit the proposed parking garage structure below 20 feet from grade to setback 0 ft (20 ft. required) from the interior side (north and south) property lines. 5. Non Use Variance of Zoning Regulations to permit a view corridor width of20 feet (25 feet required) 6. Non Use Variance of Zoning Regulations as it applies to maximum building obstruction to permit proposed development to obstruct 55% (55 ft) of the width of the site 20 ft above grade (50%-50ft obstruction permitted). 7. Non Use Variance of Parking Regulations to permit 165 parking spaces (229 spaces required). 8. Non Use Variance of Parking Regulations to permit 28% tandem parking (20 % tandem parking permitted) 9. Non Use Variance of Parking Regulations to permit a one way isle width of 12.16 feet (14 feet required). 10. Non Use Variance of Parking Regulations requiring driveway isles width with parking on either side to be 22 feet; to waive same to permit 15.91 feet driveway isle. Resolution No. OI-l-59, Blue Seas Associates 1 LEGAL: That portion of the North 100 feet of the South 200 feet of lot 3 Tatum's Ocean Park Sub. Pb 10 Pg 64, lying easterly of State Road AlA as shown in Pb 45 Pg 66. ADDRESS: 17315 Collins Ave And; WHEREAS, the applicant withdrew from consideration Modifications No.2, 9 and 10; 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. Modifications 1 and 3 through 8 are hereby approved subject to the following conditions: (a) As to Modification request No.1, Non Use Variance of Floor Area Ratio, is hereby modified and approved for a Floor Area Ratio (F.A.R) to permit the total F.A.R. and bonuses of3.62 and a total of 147 units. (b) 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. (c) That in the approval of the plan, the same be in accordance with that submitted for hearing entitled "Michaellangelo", prepared by Kobi Karp Architects Interior Designers dated stamped received November 21,2000, consisting of 12 sheets, as amended/revised at public hearing to reflect the Commission's decision, as amended February 22,2001, with an additional 7 parking spaces. (d) That the use be established and maintained in accordance with the approved plans. (e) 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. (f) 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. Resolution No, OI-l-59, Blue Seas Associates 2 (g) That plans 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 (h) Unless modified at time of hearing, 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. 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 and the applicant shall contribute $60,000.00 for Beach Renourishment, $60,000.00 for Pedestrian Safety, $100,000.00 to Median Landscape. Impact fees will be due and payable to the Building Department prior to the issuance ofthe building permit. (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 30 business days after expiration of the appeal period. 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) 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. (m) That the applicant provides 24-hour valet parking for the guests. (n) Any zoning approvals shall expire one (1) year from the date issued unless a building permit is issued by the City. (0) 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. (P) That the applicant will abide by all City and County ordinances relating to the hours of operation for construction commencement and termination. Resolution No. OI-Z-59, Blue Seas Associates 3 (q) That the applicant will use its best effort to minimize vibration and noise during the construction ofthe project. (r) That the applicant agrees to pay the pro-rata share of under grounding utilities along the frontage of the property as per City Ordinance. 2. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 22nd day of February, 2001. ~...'" '" ~ CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission By: Af~~ David Samson, Mayor ATTEST: ~ ,,' . ":'-"l. ,.," ~~oV.~ 'Ri~hard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: Commissioner Iglesias moved and Vice Mayor Kauffman seconded approval of the requested zoning modifications, and upon a roll call the vote was 2. - Q in favor: ~es_no vyes_no ~yes_no ~s no Jt:yes_no Mayor Samson Vice Mayor Kauffman Commissioner Iglesias Commissioner Morrow Commissioner Turetsky Resolution No. OI-Z-59. Blue Seas Associates 4 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. 01-Z-59, adopted by the City Commission at its meeting deferred from the 18th day of January, 2001, and held on the 22nd day of February, 2001. Issued this t ,1"-day of ~ l , 2001. ~~ ~...:J.lQ. Richard Brown-Morilla City Clerk LMD\ch Resolution No, OI-Z-59, Blue Seas Associates 5 This instrument was prepared by: Name: Mark A. Rothenberg, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRlCTI03S AND GRANT OF EASEMENT WHEREAS, the undersigned Owner holds the fee simple title to the land in Miami-Dade County, Florida, described in Exhibit "A", attached hereto, and hereinafter called the "Property," located at 17315 Collins Avenue, which is supported by the attorney's opinion attached as Exhibit "B", and; IN ORDER TO ASSURE the City of Sunny Isles Beach ("City or Grantee") that the representations made by the Owner during consideration of Resolution No. 2001-Z-59 will be abided by the Owner freely, voluntarily and without duress makes the following Declaration of Restrictions and Grant of Easement ("this Declaration") Declaration covering and running with the Property: (1) Development in Accordance With Plans. That the Property shall be developed substantially in accordance with the plans previously submitted, prepared by Kobi Karp Architects Interior Designers entitled, "Michaellangelo", dated stamped received on the 21st day of November, 2000, consisting of 12 sheets, as amended and revised at public hearing to permit a total Floor Area Ratio, with bonuses, of 3.62, and a total of 147 units. (2) Grant of Easement. The undersigned owner ("Grantor") does hereby grant and convey to the Grantee the following non-exclusive easements: (i) Pedestrian ingress to and egress from the public beach, specifically described on the attached Exhibit "C', over, across and upon the Property ("the Access Easement"); and (ii) a ten (10) foot landscape easement along 'the western Property line ("the Landscape Easement"). The Landscape Easement shall permit such reasonable and necessary penetrations for driveways and pedestrian access as approved by the City Zoning and Code Administrator, over, across, and upon the Access Easement and the Landscape Easement (collectively hereinafter referred to as the "Easement Property"). (3) Promptly upon substantial completion of the construction of improvements upon the Property, Grantor, at the Grantor's expense, will plant and thereafter maintain landscaping on the Easement Property as may be reasonably required by Grantee pursuant to the applicable requirements of the streetscape master plan of the City or as otherwise approved by Grantee. (4) Grantor shall be solely responsible for the maintenance of the Easement Property at the Grantor's eXpc,j'3e. (5) These grants of easement shall not become effective until the City issues a final non-appealable certificate of use and occupancy for the development described in Section 1 above. (6) Restoration of the Easement Property. After any installation by Grantee of permitted facilities within the Easement Property or any subsequent repairs or maintenance thereof, the Grantee, its employees, representatives or contractors (collectively, "Grantee's Party") shall remove all equipment and other property placed on the Easement Property by or for the Grantee, fill and level all ditches, ruts, and depressions caused by Grantee's Party and remove all debris resulting therefrom. The Grantee shall restore the surface of the Easement Property, as applicable, as near to its original conditions as may be possible, all within a reasonable time after the installation, repair and/ or maintenance of such facilities. (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 the Easement Property as set forth and created herein including, without limitation, the right to grant further easements on, over, under, or across the Easement Property. Grantor shall not construct or permit to be constructed any structures on or over the Easement Property that would interfere with the Grantee's use under this Easement. (8) Indemnification. For $10.00 and other separate consideration, receipt of which is hereby acknowledged, Grantee hereby indemnifies and agrees to defend and fully indemnify anJ hold harmless Grantor from and against any and all liabilities, damases, claims, demands, costs, and expenses (including reasonable attorney's fees and court costs at all trial and appellate levels) arising from or in connection with the use of the Easement Property by the Grantee and by all citizens, residents, visitors, and guests of the Grantee. (9) City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City Sunny, 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 determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. (10) Covenant Running with the Land. This Declaration shall constitute a covenant running with the land and shall be recorded, at the Owner's expense, in the Public Records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and their successors and assigns until such time as the same is modified or released, as provided herein. (11) Modification, Amendment, Release. The easements granted in this Declaration shall be perpetual in duration, and shall not be changed, altered or amended except by an instrument in writing executed by the Owner and the City or their respective successors and assigns, provided that the same is also approved by the City Commission after public hearing. Should this Declaration of Restrictions be so modified, amended, or released, the Director of the City Department of Planning and Code Administration, 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 effectuating 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 its attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. (13) Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given the City, then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration. (14) Authorization for City to Withhold Permits and Inspections. In 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 is complied with. (15) Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative 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. (16) Severability. Invalidation of anyone of these covenants, by judgment of the court, shall not affect any of the other provisions, which shall remain in full force and effect. (17) Recording. This Declaration shall be filed of record in the public records of Miami-Dade County, Florida at the Owner's cost following the adoption by the City Commission of a resolution approving the application. SIGNATURE PAGES TO FOLLOW .." . Witnesses: \ Print Name ~ . ~ atu . \l",^~'>-l> ~ ~7$e~ ~ Signature [j~M JnV1f' LJz,(+~ Print Name COUNTY OF DADE ) ) ) SS: / STATE OF FLORIDA I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in thi ~tate ~~ CO}lnty aforesaid to take acknowledgements, personally appeared G-;b~ Y"'t tJf1l1lk;lII~ as manager of Atlantic Blue Seas, L.C, a Florida limited liability company, as authorized general partner, and that he/ she acknowledged executing the foregoing document, freely and voluntarily. Said person is '--- personally known to me, or _ has produced (specific type of identification, i.e., driver's license and number, state of issue, etc.) and who_did, or L--did not, take an oath. WITNESS my hand and official seal in the County and State last aforesaid thisOl~ay of ;Tu ,.e'\\\\I\I~".-~0.'Qh.' . L~ ,~{ ,~, ;:~ ': 1/" II/. . ':~~""<~'\..~-.~f.....li"':"/.>~~_ ~ ,..- ..~:;'~<.vv~, ,.~,,~(,r::~i(.;,''I r.,>~'"'' ~:.... . / . jPrint. ofStl:U'DP;"Narne: .;.: :;: "t.-' (I) ~~t::;: ~}~ \ j;r~~i~:;!"l .;;, Notary Public, State of Florida at Large "';()." , C .. N ;:;~'~.'....' 1';;riA';::',"."" ommISSIon 0.: ":t,,:; 'i:;'.:~'.'l'~\\<, My Commission Expires: /. .J, I,' .'\t\,~ ,', ': "i.;;;;II'\'\\\\\\\\\ . ... JOINDER BY MORTGAGEE The undersigned Ocean Bank, Mortgagee, under that certain mortgage from Blue Seas Associates, a Florida limited liability company, dated the 8th day of July, 1999 and recorded in Official Records Book 18696 at Page 1842 of the Public Records of Miami- Dade County, Florida, in the original amount of ~, 587, 500.00vering all/ or a portion of the property described in the foregoing agreement, does hereby acknowledge that the terms of this agreement are and shall be binding upon the undersigned and its successors in title. IN WITNESS THEREOF, these presents have been executed this 19 June ,2001. day of ~.tn so ~ ' . ~ Sign / F. CAVl Na i tN , GUSTAVa PHILIPS, Sr. Vice President NFTnA VAT.nF~ Print Name COUNTY OF DADE ) ) ) 55: STATE OF FLORIDA The foregoing instrument was acknowledged before me by GUSTAVa PHILIPS, as Sr., Vice President , to me personally known or produced , as identification and who acknowledged the foregoing instrument for the purposes therein contained, and that he/:.L; was authorized on bel1alf of Ocean Bank. Witness my signature and official seal this ~ ,_ day of June ,2001, in the County and State aforesaid. My Commission expires: Print Name tJ."~ ENl F. CALVINO ~w~ MY COMMISSION" cc 825855 '\., EXPIRES: 05/1812003 1..::::arAFf'{ FIe. Notary SeMC8' eonding Co EXHIBIT A Legal Description That portion ofthe North 100 feet ofthe South 200 feet oflot 3 Tatum's Ocean Park Sub. Pb 10 Pg 64, lying easterly of State Road AlA as shown in Pb 45 Pg 66. ~.. _ ,....,..- EXHIBIT I 3 OPINION OF TITLE TO: MIAMI-DADE COUNTY With the understanding that this Opinion of Title is furnished to Miami-Dade County (the "County"), as inducement for acceptance of a Declaration of Restrictions covering the real property, hereinafter described, it is hereby certified that I have examined Fidelity National Title Insurance Company's Title Policy No. 5332-74144, and Attorney's Title Insurance Fund Title Computer Printouts covering the period from the beginning through May 7,2001, at 11:00 p.m. (the "Effective Date"), of the following described real property: That portion of the North 100 feet ofthe South 200 feet of Lot 3, of Tatum's Ocean Park Subdivision, according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida, lying easterly of State Road A-I-A, as shown in Plat Book 45, at Page 66, ofthe Public Records of Miami- Dade County, Florida. I am ofthe opinion that on the last mentioned date, the fee simple title to the above-described real property was vested in: BLUE SEAS ASSOCIATES, a Florida general partnership Subject to the following encumbrances, liens and other exceptions (If "none" please indicate): 1. RECORDED MORTGAGES: Mortgage Deed executed by Blue Seas Associates, in favor of Ocean Bank, dated July 8, 1999, recorded July 8, 1999, in Official Records Book 18696, at Page 1842. 2. RECORDED CONSTRUCTION LIENS. CONTRACT LIENS AND JUDGMENTS: NONE 3. GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Any lien, or right to a lien, for service, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes or special assessments which are not shown as existing liens by the public records. 6. Any claim that any portion of said lands are sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands and lands accreted to such lands. 7. . Taxes and Assessments for the year 2001 and subsequent years. - 4. SPECIAL EXCEPTIONS: 1. Easement Deed in favor of United St<:.i zs of America, dated May 28, 1931, recorded on July 30, 1931, recorded in Deed Book 1450, at Page 328. 2. Declaration of Use dated September 2, 1986, recorded on July 20, 1987 in Official Records Book 13351, at Page 160. 3. That certain Bill of Sale (re: waterlines) between Blue Seas and City of North Miami Beach, dated June 18, 1991, recorded on July 2, 1991, in Official Records Book 15090, at Page 1493. 4. The premises herein described being artificially filled-in land in what was formerly navigable waters. Subject to the rights ofthe United States Government and/or of the State of Florida, arising by reason ofthe United States Government's control over navigable waters in the interest of navigation and commerce, and the inalienable rights of the State of Florida, in the lands and/or water of such character. 5. Survey JamesD. Reeves, PresidentofZurwelle Whittaker, Inc. RLS No. P.S.M. 2194, dated February 26, 1999, Job No. 81532-99 discloses: a. Concrete Walk along West Side of the premises; b. 0.13' Wall encroachment in the Northwest Comer of the premises; c. Wood power Pole in the Northwest Comer of the premises; d. Wall and Chain link fence alOlig the North Side of the premises; e. Coastal Construction Control line crosses the premises in a North/South direction near center of premises; f. Erosion Control Line crosses the premises in a North/South direction between the Atlantic Ocean and the improvements; g. Atlantic Ocean borders East line of the premises; h. Bulkhead, fence, wall along the South line of the premises; 1. Concrete Walk along South Side of the premises. 6. Mortgage Deed executed by Blue Seas Associates, in favor of Ocean Bank, dated July 8, 1999, recorded July 8, 1999, in Official Records Book 18696, at Page 1842. 7. Assignment of Leases, Rents and Profits between Blue Seas Associates and Ocean Bank, dated July 8, 1999, recorded July 8, 1999 in Official Records Book 18696, Page 1851. 8. UCC-l Financing Statement executed by Blue Seas Associates in favor of Ocean Bank, recorded July 15, 1999 in Official Records Book 18696, Page 1855. II 9. UCC-l Financing Statement executed by Blue Seas Associates in favor of Ocean Bank, filed July 16, 1999 under Florida Secretary of State's File No. 990000160599. ALL OF THE RECORDING REFERENCES ARE TO THE PUBLIC RECORDS OF MIAMI-DAD~ COUNTY, FLORIDA UNLESS OTHERWISE NOTED. I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions. Therefore, it is my opinion that the following party must join in the plat in order to make the agreement a valid and binding covenant on the lands described herein. Name Interest Special Exception Number Ocean Bank Mortgagee 6 The following is a description of the aforementioned abstract and its continuations: Company Certifying Period Covered Fidelity National Title Insurance Company Owner's Policy of Title Insurance No. 5332-74144 Beginning through July 15, 1999 @ 11:00 p.m. Attorneys' Title Insurance Company Computer Updates July 15, 1999 @ 11:00 p.m. through May 7, 200 I @ 11:00 p.m. I HEREBY CERTIFY that the legal description contained in this Opinion of Title coincides with, and is the same as, the legal description in the proffered, recordable declaration ofrestrictions. This opinion is intended solely for the benefit of Miami-Dade County (the "County") and can only be relied on by the County for the purposes set forth herein and by no other person and for any other purpose. This Opinion is given as of the Effective Date and we assume no obligation as to any facts, circumstances or instruments that may hereafter be placed in the public records or come to our attention or any changes in law that may hereafter occur. I, the undersigned, further certify that I am an attorney-at -law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this 21 st day of May, 2001. G:\Shamira\R\Rado\Blue Seas\OpinTitleDecRest. wpd BERMAN WOLFE RENNERT VOGEL & MANDLER, P.A. B: J y. Mandler, Esq. No. 310883 100 outheast 2nd Street, Suite 3500 Miami, Florida 33131 Exhibit C Pedestrian Access Easement Beginning at the southern property line and extending 20 feet north of property described as that portion of the North 100 feet of the South 200 feet of Lot 3, TATUMS OCEAN PARK SUBDIVISION, Plat Book 10, Page 64, lying easterly of State Road A 1 A.