HomeMy WebLinkAboutResolution Zoning 01-Z- 63
RESOLUTION NO. 01-Z-63
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING CERTAIN ZONING
VARIANCES, SUBMITTED BY PLAZA ISLES, L.L.C., SUBJECT TO
CERT AIN CONDITIONS; PROVIDING AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, Plaza Isles, L.L.C., ("Applicant"), submitted an application to the City of
Sunny Isles Beach, requesting the following non-use variances:
1. Non Use Variance of Landscaping Regulations to permit the existing commercial
development with 15.51 % oflandscaping (18% required).
2. Non Use Variance of Parking requirements to permit 28 parking spaces (46 parking
spaces required).
3. Non Use Variance of Parking requirements to permit a two-way driveway aisle to be 20
feet in width (22 feet required).
4. Non Use Variance of Parking Regulations requiring parallel parking stalls to be 9'x 20'
(8' x 23' required).
5. Non Use Variance of Parking Regulations requiring a continuous extensively planted 5
foot wide greenbelt along all property lines abutting an official right of way line; to waive
same to omit the required greenbelt along a portion of the front (east) property line.
6. Non Use Variance of Zoning Regulations requiring a 5-foot high masonry wall on the
side (north) and rear (west) property lines where it abuts an RU district; to waive same to
omit the required wall.
LEGAL:
All that of Lots 93,94, 95 and 96 Tatum's Ocean Beach Park pb 5 pg 35;
Bounded on the southerly side by a line drawn parallel to and 1299.39 feet south
measured at right angles to the Brown's base line as shown on the plat of Sunny
Isles Base line and tie-ins, according to plat book 34 page 95, of the public
records of Miami-Dade County, Florida. Bounded on the easterly side by the
westerly right of way of State Road A-I-A, as shown on the plat thereof, as
recorded in plat book 45 at page 39, of the public records of Miami Dade County,
Florida; bounded on the westerly side by the face of sea wall constructed along
the easterly bank or shore line of Ocean Canal as shown on the plats of Atlantic
Island, Sunny Isles, as recorded in plat book 34 page 17 and Poinciana Island,
Sunny Isles, recorded in plat book 34 at page 100.
ADDRESS: 16204 -28 Collins Avenue
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WHEREAS, on September 13, 2001, the City Commission conducted a public hearing
on the application submitted by Applicant which hearing was continued on November 15, 2001;
and
WHEREAS, on November 15, 2001, the Applicant submitted revised plans prior to the
continued hearing to address concerns raised at the Commission Meeting on September 13,2001,
which revised plans were reviewed by the Zoning and Planning Director; and
WHEREAS, the Applicant requested a withdrawal of the variance requests, Numbers 3,
4 and 5; 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 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 requests for non-use variances are hereby approved subject to the following
modifications and conditions;
a. Request No. 1, Non Use Variance of Landscaping Regulations to permit the
existing commercial development with 15.51 % oflandscaping.
b. Request No.2, Non Use Variance of Parking requirements to permit 28 parking
spaces.
c. Request Nos. 3, 4 and 5 were withdrawn from consideration by Applicant.
d. Request No.6, Non Use Variance of Zoning Regulations requiring a 5-foot high
masonry wall on the side (north) and rear (west) property lines where it abuts an RU
district; to waive same to omit the required wall is hereby denied. Applicant is
hereby instructed to apply for a building permit to construct the wall, with
construction to be completed within 180 days from the date of approval of this
resolution.
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III. CONDITIONS:
Conditions to be completed before Buildin2 Permits are issued or any construction is
commenced.
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 revised plans for the hearing entitled "Sunny Isles Shopping Center",
prepared by Multiworks Design and Construction, Inc. dated stamped received
10/23/01.
c. Applicant shall submit a landscaping plan for the approval of the Zoning Director.
d. That the use be established and maintained in accordance with the approved plans and
shall receive a Certificate of Use in accordance therewith.
e. That the applicant submit a Declaration of Restrictions acceptable to the City which
proffers a landscaping easement(s) over, across, under and through such easement
parcels to the City, and renders the applicant responsible for the maintenance of said
easement(s)
f. That the applicant submit to the Departments for review and approval 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. The
type, size of plant materials, light fixtures and street furniture shall be in compliance
with the said plan, prior to the issuance of a building permit, and shall be installed prior
to the issuance of a Certificate of Use and Occupancy.
g. 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.
h. No building permits shall be issued unless the applicant has submitted all documents
referred in this resolution and shall have paid all impact fees due to the City, if
applicable.
1. That the applicant obtains all required permits from the Building Department prior to
commencing improvements.
J. The applicant shall provide two (2) copies of all necessary approvals from all
governmental agencies to the Building Department. Applicant shall demonstrate that it
is in compliance with all the terms and conditions of the approval granted by the City
Commission.
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k. Applicant shall pay all fees related to the review of application described herein and
shall have paid all other fees due to the City.
IV. OTHER CONDITIONS:
a. Applicant shall provide proof of payment for outstanding code enforcement
violations, prior to the issuance of a buil~ing permit.
b. Applicant shall provide a fence gate with slats obscuring the front of the existing
dumpster.
c. Applicant shall apply for all permits within 90 days from date of approval of this
Resolution.
V. EFFECTIVE DATE.
This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 15th day of
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- '/ Richard'~rowrl-Morilla, City Clerk
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AND LEGAL SUFFICIENCY:
VOTE:
Mayor Samson moved and Commissioner Edelcup 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
yes~ no
yes v no
yes V no
yes V no
yes L/ no
Resolution No, 01-Z-63; Plaza Isles, llC
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STATE OF FLORIDA )
)55:
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-63 adopted
by the City Commission at its meeting held on the 15th day of November, 2001.
Issued this ~ day of ~~~
, 2002.
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Resolution No. Ot-Z-63; Plaza Isles. LLC
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