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HomeMy WebLinkAboutResolution Zoning 01-Z- 61 RESOLUTION NO. 01-Z-61 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE APPLICATION FOR MODIFICATION OF CONDITIONS AND NON-USE VARIANCES SUBMITTED BY KELCO/OCEAN POINT LLC, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, Kelco/Ocean Point, L.L.C., ("Applicant"), submitted an application to the City of Sunny Isles Beach, requesting the following modification of conditions and non-use vanances: a. 1. Modification of Condition l(B) of Resolution 00-Z-43 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 24th day of February, 2000, 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 "Ocean Point Beach Club", prepared by Brito, Cohan & Associates dated 9-23-99 consisting of 9 pages and sheet A-I dated revised 2/23/00 and sheet A-lO dated revised 2/22/00. To: Plans are on file and may be examined in the Building, Planning and Zoning Department entitled "Site Plan and Data", prepared by Brito, Cohan & Associates dated 6/29/01 consisting of 6 sheets, and plans entitled "Building Signage Site Plan, Elevations & Details", prepared by Brito, Cohan & Associates dated 4/27/01 and plans entitled "Kids Club Plan and Reflected Ceiling Plan", prepared by Brito, Cohan & Associates dated 4/09/01 consisting of3 sheets. All requests approved under Resolution 00-Z-43 shall remain in effect. 2. Deletion of Condition l(D) of Resolution 00-Z-43 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 24th day of February, 2000 reading as follows: 1(D): That the applicant voluntarily proffers a Declaration of Restrictions acceptable to the Building Official, to provide for 21 lockout units only, with strict prohibition on any sale of the lockout units as separate units. Resolution No. 01-Z-6l, Kelco, Ocean Point Legislation/Resolutions/Attorney 1 ch 3. Non Use Variance of Setback requirements to permit a proposed detached sign for the proposed development to setback zero (0) feet (15 feet required) from the front west property line. 4. Non Use Variance of Sign Regulations to permit a 48 sq ft detached sign (24 sq ft permitted). LEGAL: All that portion of the north 200' of the south 400' of Lot 3, Tatum's Ocean Park Co. Sub. Pb. 10, Pg 64. lying east of State Road AlA. Said property bounded on the east by the Erosion Control Line of the Atlantic Ocean. LOCATION: 17375 Collins Avenue; And, WHEREAS, on September 13,2001, the City Commission conducted a public hearing on the application submitted by Applicant; and WHEREAS, the Applicant requested a bifurcation and rehearing of variance requests, Numbers 3 and 4 in order to revise plans to comply with City requirements; and WHEREAS, the 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 proper consideration having been given to the matter and to the positive recommendation of the Zoning Director; and WHEREAS, the City Commission has reviewed the application, and finds substantial competent evidence to support a showing by the applicant that the modification of condition and non-use variances maintain the basic intent and purpose of the zoning, subdivision or other land use regulations, which is to protect the general welfare of the public. particularly as it affects the stability and appearance of the community, and that the non-use variances will be otherwise compatible with the surrounding land uses and would not be detrimental to the community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: II. APPROVALS. The applicant's request for modification of condition and non-use variances are hereby approved subject to the following modifications and conditions; a. Request No.1: Modification of Condition l(B) 1 (B) of Resolution 00-Z-43 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 24th day of February, 2000, is amended to read as follows: 1 (B) Plans are on file and may be examined in the Building, Planning and Zoning Department entitled "Site Plan and Data", prepared by Brito, Cohan & Associates dated 6/29/01 consisting of 6 sheets, and plans entitled "Building Resolution No. 01-Z-6l, Kelco, Ocean Point Legislation/Resolutions/ Attorney 2 ch Signage Site Plan, Elevations & Details", prepared by Brito, Cohan & Associates dated 4/27/01 and plans entitled "Kids Club Plan and Reflected Ceiling Plan", prepared by Brito, Cohan & Associates dated 4/09/01 consisting of 3 sheets. All requests approved under Resolution 00-Z-43 shall remain in effect. b. Request No.2: Deletion of Condition 1(D) of Resolution 00-Z-43 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 24th day of February 2000, is hereby deleted c. Request No.3: Non Use Variance of Setback requirements and Request No.4 for Non Use Variance of Sign Regulations are bifurcated in order to revise plans to comply with City requirements and will be brought for public hearing before the City Commission at a later date. III. CONDITIONS TO BE COMPLETED BEFORE FINAL APPROVAL OF SITE PLAN OR PLAT IS SIGNED. a. Applicant shall submit a final site plan that is consistent with revised plans submitted, at the public hearing in which the Commission approved the application. The site plan submitted shall be in the same form, as that submitted for hearing entitled, "Site Plan and Data," prepared by Brito, Cohan & Associates dated 6/29/01 consisting of 6 sheets, and plans entitled "Building Signage Site Plan, Elevations & Details", prepared by Brito, Cohan & Associates dated 4/27/01, and plans entitled "Kids Club Plan and Reflected Ceiling Plan," prepared by Brito, Cohan & Associates dated 4/09/01, consisting of 3 sheets. b. The 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 limit to, location of structure or structures, types, sizes and location of signs light standards, off-street parking areas, exits and entrances. c. Applicant shall submit to the Zoning, Planning and Building department, a landscaping plan for the site and along Collins Avenue front setback to enable the implementation of the Streetscape Master Plan or such other plan as may be approved by the City. IV. CONDITIONS TO BE COMPLETED BEFORE BUILDING PERMITS ARE ISSUED OR ANY CONSTRUCTION IS COMMENCED. a. Applicant will comply with all conditions and requirements and shall voluntarily proffer a Declaration of Restrictions, acceptable to the zoning Director, providing for only 40 lockout units, for a total of 61 lockout units for the entire development under this application, and prohibiting the sale of the lockout units as separate units. Resolution No. 01-Z-61, Ke1co, Ocean Point Legislation/Resolutions/Attorney 3 ch b. That a recordable agreement be submitted to, and meet with the approval of the Zoning, Planning and Building department, 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 and interest in the land, such as mortgagees, etc. c. Receipt of all legal documents as required by the Zoning, Planning and Building Department. v. CONDITIONS TO BE COMPLETED BEFORE ANY CERTIFICATE OF OCCUPANCY IS ISSUED. a. The applicant shall establish that the use is maintained in accordance with the approved plans and all prior resolution approvals and conditions and shall receive a Certificate of Use in accordance therewith. b. Applicant shall landscape the site and along Collins Avenue front setback, as approved by the City. The type and size of plant materials, light fixtures and street furniture shall be in compliance with the said plan, and shall be installed prior to the issuance of a Certificate of Use and Occupancy. c. Applicant must maintain 24-hour valet parking service for the development. d. Prior to the issuance of any Certificate of Occupancy, the applicant shall demonstrate that it is in compliance with all the terms and conditions of the approval granted by the City Commission, which Certificate of Occupancy shall be subject to cancellation upon violation of any ofthe conditions. e. The City Manager and/or his/her designee in the review of any application, may refer any such application presented to it to such engineering, planning, legal, technical, or environmental consultant or professional(s) employed by the City as the Manager shall deem reasonably necessary to enable him/her to review such application as required by law. Charges made by such consultant shall be in accord with the charges customarily made for such services in Miami-Dade County, and pursuant to an existing contractual agreement by and between the City and such consultant. Charges made by the City shall be in accord with the hourly rates charges by such consultants or hourly rates of employed professionals and shall be paid on submission of a City voucher. f. The applicant shall reimburse the City for the cost of such consultant or employed professional services upon submission of a copy of the voucher, within thirty (30) days of submission of a copy of the voucher and as a condition of the zoning resolution. These fees are in addition to any and all other fees required by other law, rule, or regulation of the City code. g. Escrow Accounts. At the time of submission of any application or thereafter, it is required that an escrow account be established, from which withdrawals shall be made to Resolution No. 01-Z-61, Kelco, Ocean Point Legislation/Resolutionsl Attorney 4 ch reimburse the City for the cost of professional review services. if any. The applicant shall then provide funds to the City for deposit into such account in an amount to be determined by the City Manager, based on his/her evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any City voucher for such services as they are submitted to the City. When the balance in such escrow is reduced to one-third (1/3) of its initial amount, the applicant shall deposit additional funds into such account to bring its balance up to the amount of the initial deposit. If such account is not replenished within thirty (30) days after the applicant is notified, in writing, of the requirement for such additional deposit. the City may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit or certificate of use and occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the applicant any funds remaining on deposit. h. Collection of fees. All fees required pursuant to this chapter shall be collected by the Zoning Director. VI. OTHER CONDITIONS. a. Applicant shall commence construction within two (2) years from the date of approval of this application. b. Applicant must submit to the Zoning and Planning department an annual report delineating lease and rental activities for each unit in the building, as per City Ordinance No. 2001-121. VII. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 13th day of September, 2001. ATTES:T:. rll ;.\, , .....\ ') 4 ..." .. .... "";; .'.., ~~., .. .1 "J ',- , "~,1 ~ .,~, . : "I' /', '" ) \ \#~" _, ';':',\ l.~~',- , ' , ~~.. ~.l~~~ *.z",;~~,~s~+'e'_'~>~, " ~'~. .It ..,.., f';' ~ '~ J. Resolution No. 0 l-z-t;l: k~lco, Ocean Point Legislation/Resolutions/ Attorney 5 ch 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. to Q in favor: Mayor David Samson Vice Mayor Kauffman Commissioner Edelcup Commissioner Goodman Commissioner Iglesias Resolution No. 01-Z-6l, Kelco, Ocean Point LegislationlResolutions/ Attorney ch yes V yes ---,;;7 yesV yes2 yes V 6 no no no no no STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-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-61 adopted by the City Commission at its meeting held on the 13th day of September, 2001. Issuedthis \~ daYOf~~ , 2002;, J ~.:J.' .\~ ." '~, ~c.L..~ ~r~ ....... ;~~< ~; Richard Brown-Morilla, C~ Clerk~T.,.-. ,t.:..l'r ,-, ". .... ".7 ('J. ".'4 < I' . No; ~ >,j< .. l' ,~ .~ ,.. . ","" , \ . r ;,. ~ 4 '"'\ 4"\ ~ . -ld" '." . Ii'; , ~ Resolution No. OI-Z-6l, Kelco, Ocean Point Legislation/Resolutions/Attorney 7 ch