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HomeMy WebLinkAboutResolution Zoning 01-Z- 62 RESOLUTION NO. 01-Z-62 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE APPLICATION FOR NON-USE VARIANCES OF SETBACK AND SIGNAGE REGULATIONS, SUBMITTED BY KELCO/OCEAN POINT LLC, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on September 13, 2001, Kelco/Ocean Point, L.L.c., ("Applicant"), submitted an application to the City of Sunny Isles Beach, which was continued on October 16, 2001", at which hearing certain items were bifurcated for rehearing on November 15, 2001, which requested non-use variances of setback and sign regulations as follows:' 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 November 15,2001, the City Commission conducted a public re-hearing on the application submitted by Applicant; 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; Resolution No. 0 l-Z-62, Kelco, Ocean Point Signage Legislation/Resolutions/Attorney ch 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: II. APPROVALS. The applicant's requests for non-use variances are hereby approved subject to the following modifications and conditions; 1. The applicant shall modify the detached sign to comply with the proposed Land Development Regulations as follow: The detached sign shall have a; maximum copy area of 32 square feet; minimum setback from right of way 8 feet and 34 feet from interior side. III. CONDITIONS TO BE COMPLETED BEFORE FINAL APPROVAL OF SITE PLAN OR PLAT IS SIGNED. a. That a site plan be submitted to and meet with the approval of the Zoning Director 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 "Street Sign Elevation", prepared by Brito, Cohan & Associates dated 11/05/01. All requests approved under Resolution 00-Z-43 shall remain in effect. IV. CONDITIONS TO BE COMPLETED BEFORE BUILDING PERMITS ARE ISSUED OR ANY CONSTRUCTION IS COMMENCED. a. Applicant will comply with all other conditions and requirements of Resolution No. 01- Z-61. b. 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. c. 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. Resolution No. 01-Z-62, Kelco, Ocean Point Signage Legislation/Resolutions/ Attorney ch 2 These fees are in addition to any and all other fees required by other law, rule, or regulation ofthe City code. d. 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 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 (113) 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. e. Collection of fees. All fees required pursuant to this chapter shall be collected by the Zoning Director. v. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 15th day of November, 2001. CITY OF SUNNY ISLES BEACH By its Ci .~ David Samson, Mayor ATTEST: ~ . ., .. " p ,." , ~~~.~l{~ Ri,6kai,d Bro~.;Morilla; ,9~ty Clerk ~ .v. '. J r'~) \.-, '000 i/' ~ ' " , "\ - .... \ ., .~ ~.t;'"":_ " ~ ,.'., .:: .) \' ~~.,- 'I'!.r" _t". -P.;1r .'. \ ,.,..., I" . ~_':" .... ~ -"";.:Ii , .....;~..,. ~ -"," ~ ,~ ~\ Resolution No. 01-Z-62, Kelco, Ocean Point Signage Legislation/Resolutions/ Attorney ch 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: Commissioner Goodman moved and Vice Mayor Iglesias 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 Iglesias Commissioner Edelcup Commissioner Goodman Commissioner Kauffman Resolution No. 01-Z-62, Kelco, Ocean Point Signage LegislationlResolutions/ Attorney ch yes V yes V yes V yes 'C/ yes_ 4 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-62 adopted by the City Commission at its meeting held on the 15th day of November, 2001. Issued this 2 tf-r- day of -.:J.. ........0 , 2002. .' r.... : "f"" );'" ~; { , " .., ,..-," ~ , ~ .1::.f .....". ,f,r- ~ F~" ,"- ;'1\ :: ~"':7~'-;';::~ ~~:_:,;:;;~<~"" ""-...t~~.-'t . ':.;. \j#-' ,,," .,< ' .ft,) - ~ ".< .~_ :';l~.;~,4 '1'- . (' ..-. ..,1;,,.., ",.J,;. """.J~' 1t .. ~ \ ., ....> Resolution No. OI-Z-62, Kelco, Ocean Point Signage LegislationIResolutions/ Attorney ch 5