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HomeMy WebLinkAboutResolution Zoning 02-Z- 66 RESOLUTION NO. 02-Z-66 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING ZONING APPLICATION NO. Z2001-09, FILED BY FIVE SEAS INVESTORS, INC., SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, Five Seas Investors, Inc.} ("Applicant"), submitted an application to the City of Sunny Isles Beach, requesting the following zoning variances: 1. Modification of Condition 1B of Resolution 00-Z-53 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 21 st of September, 2000 reading as follows: From: That in the approval of the plan the same be in accordance with that submitted for the hearing entitled "Newport Beach Tower", prepared by Kobi Karp consisting of 14 sheets dated stamped received 9/21/2000, as amended at public hearing, and the conditions of this resolution. To: That in the approval of the plan the same be in accordance with that submitted for the hearing entitled "Cornerstone Newport Beach", prepared by Kobi Karp consisting of 12 sheets dated stamped received 01/03/2002, plans entitled "Newport Beach Tower", prepared by Witkin Design Group consisting of 3 sheets dated sign and sealed 11/20/01, plans entitled "Sketch of Survey", prepared by Vicente Villa P.E. P.L.S. consisting of 1 sheet dated 01/17/00. 2. Use Variance to permit the proposed condominium development with a density of 86 units per acre (80 units per acre permitted). 3. Non Use Variance of Floor Area Ratio to permit proposed development with a 5.10 floor area ratio (4.0 floor area ratio permitted). 4. Non Use Variance of Setback requirements to permit proposed building to setback 53.3 ft (75 ft required) from the front (west) property line and setback 5.67 ft (50 ft required) from the interior side (south) property line. 5. Non Use Variance of Zoning Regulations requiring the maximum width of a building measured parallel to Collins Avenue to be 250 ft wide to waive same to permit a 365 ft wide building measured parallel to Collins Avenue. Resolution No. 02-Z-66, Five Seas Investors, Inc. 1 LMD:ch Legislation/Resolutions/ Attorney 6. Non Use Variance of Parking requirements to permit two way driveway aisles width varying from 18 ft to 20 ft within the parking garage (22 ft driveway aisle required). 7. Non Use Variance of Landscaping requirements to permit 23% landscaping open space (40% landscaping open space required). LEGAL: A PORTION OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF COLLINS AVENUE (STATE ROAD A-I-A) AND SUNNY ISLES OCEAN BEACH BOULEVARD; THENCE NORTH 86d 20'46" EAST ALONG THE CENTERLINE OF SAID SUNNY ISLES OCEAN BEACH BOULEVARD, FOR 50.65 FEET; THENCE NORTH 05d 33'21" EAST FOR 67.88 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, HAVING FOR ITS ELEMENTS A RADIUS OF 4083.34 FEET AND A CENTRAL ANGLE OF 02d 42'18", SAID POINT BEING THE POINT OF BEGINNING OF A PARCEL OF LAND HEREINAFTER DESCRIBED, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID COLLINS AVENUE; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY RIGHT-OF-WAY FOR AN ARC DISTANCE OF 192.78 FEET, TO THE POINT OF TANGENCY OF SAID CURVE, THENCE NORTH 02d 51'03" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE FOR 21 1.01 FEET (201.53 FEET, DEED); THENCE NORTH 85d54'46" EAST FOR 407.34 FEET TO A POINT ON THE EROSION CONTROL LINE AS SHOWN IN PLAT BOOK 134, PAGE 47 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE RUN SOUTH 01d09'30" EAST (SOUTH 00d09'46" EAST PB 134,PG47) ALONG SAID EROSION CONTROL LINE FOR A DISTANCE OF 289.23 FEET: THENCE RUN SOUTH 06d10'51" WEST PB 134, PG 47 ) ALONG SAID EROSION CONTROL LINE FOR A DISTANCE OF 145.90 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF SUNNY ISLES OCEAN BEACH BOULEVARD (76' R.O.W ), THENCE RUN SOUTH 86d20'46" WEST ALONG THE NORTHERLY RIGHT OF WAY LINE OF AFOREMENTIONED SUNNY ISLES BOULEVARD, FOR A DISTANCE OF 395.05 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 99d12'35"; THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 43.29 FEET, TO THE POINT OF BEGINNING. SAID PROPERTY BEING HISTORICALLY DESCRIBED AS: ALL THAT CERTAIN TRACT OF LAND LYING IN GOVERNMENT LOT 1 OF FRACTIONAL SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DESCRIBED AS FOLLOWS: START AT POINT, DESIGNATED BY AN IRON PIPE, WHICH IS LOCATED AT THE EAST END OF A BASE LINE THAT IS 16.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD, AS SHOWN ON AMEND PLAT OF BELLA-VISTA SUBDNISION, AS RECORDED IN PLAT BOOK 8, AT PAGE 128, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA RUN 152.00 FEET WEST ALONG SAID BASE LINE; THENCE BY AN ANGLE DEFLECTING 90 DEGREES TO THE RIGHT, A DISTANCE OF 60.00 FEET TO A POINT OF BEGINNING; THENCE CONTINUING ALONG THE SAME LINE, BEING THE EAST LINE OF THE COUNTY ROAD KNOWN Resolution No. 02-Z-66, Five Seas Investors, Inc. 2 LMD:ch Legislation/Resolutions/ Attorney AS GOLDEN BEACH ROAD, A DISTANCE OF 230.00 FEET MEASURED DUE NORTH AND SOUTH TO THE NORTH PROPERTY LINES; THENCE EAST ON A LINE PARALLELING THE AFORESAID BASELINE A DISTANCE OF 300.00 FEET MORE OR LESS TO THE HIGH WATER MARK OF THE ATLANTIC OCEAN; THENCE SOUTH ALONG THIS MEANDERING HIGH WATER MARK A DISTANCE OF 230.00 FEET MORE OR LESS, TO THE INTERSECTION OF SAID LINE WITH A LINE PARALLELING SAID BASE LINE AND 60.00 FEET NORTH OF SAME; THENCE WEST PARALLELING SAID BASE LINE A DISTANCE OF 273.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; TOGETHER WITH ALL THAT PART OF GOVERNMENT LOT 5 OF SECTION 11 AND GOVERNMENT LOT 1 OF SECTION 14, IN TOWNSHIP 52 SOUTH, RANGE 42 EAST, DESCRIBED AS FOLLOWS: START AT A POINT ON THE NORTH BOUNDARY LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD 76.00 FEET NORTH OF THE NORTHEAST CORNER OF LOT 36, OF BELLA-VISTA SUBDNISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, AT PAGE 128, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE EAST ALONG THE NORTH LINE OF SAID SUNNY ISLES OCEAN BEACH BOULEVARD PRODUCED EASTERLY A DISTANCE OF 134.00 FEET TO A POINT; THENCE REFLECTING TO THE LEFT AT AN ANGLE OF 80d47'25", RUN NORTHEASTERLY 233.06 TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ON THE SAME COURSE A DISTANCE OF 201.53 FEET; THENCE DEFLECT TO THE RIGHT AT AN ANGLE OF 80d21'25", A DISTANCE OF 309.00 FEET MORE OR LESS TO THE HIGH WATER MARK OF THE ATLANTIC OCEAN; THENCE MEANDERING THE HIGH WATER MARK OF THE ATLANTIC OCEAN IN A SOUTHERLY DIRECTION TO A POINT WHERE THE HIGH WATER MARK OF THE ATLANTIC OCEAN WILL BE INTERSECTED BY A LINE DRAWN PARALLEL TO AND 230.00 FEET NORTH FROM THE NORTH LINE OF SUNNY ISLES OCEAN BOULEVARD PRODUCED EASTERLY; THENCE IN A WESTERLY DIRECTION ALONG SAID LINE PARALLEL TO AND 230.00 FEET DUE NORTH FROM THE NORTH LINE OF SUNNY ISLES OCEAN BEACH BOULEVARD, PRODUCED EASTERLY 272.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, SAVE AND EXCEPT CERTAIN PORTIONS OF THE ABOVE- DESCRIBED LANDS PREVIOUSLY DEEDED BY SUNNY ISLES CLUB, INC. TO THE COUNTY OF DADE FOR PUBLIC HIGHWAY PURPOSES WHICH SAID PORTIONS OF THE ABOVE-DESCRIBED LAND STILL HELD BY THE COUNTY OF DADE AND HAVE NOT BEEN RECONVEYED TO SAID SUNNY ISLES CLUB, INC. SAID LAND SITUATED, LYING AND BEING IN DADE COUNTY, FLORIDA CONTAINING 4.16 ACRES, MORE OR LESS. LOCATION: 16701 Collins Ave And, WHEREAS, on January 29,2002, the City Commission conducted a public hearing on the application submitted by Applicant which hearing was continued on February 5, 2002; and Resolution No. 02-Z-66, Five Seas Investors, Inc. 3 LMD:ch Legislation/Resolutions/ Attorney WHEREAS, the Applicant requested a withdrawal of the variance requests, Numbers 2 and 7; 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 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 zoning variances are hereby approved subject to the following modifications and conditions: a. Request No.1, Modification of Condition 1B of Resolution 00-Z-53 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 21 st of September, 2000, is amended to read as follows: "That in the approval of the plan the same be in accordance with that submitted for the hearing entitled "Cornerstone Newport Beach", prepared by Kobi Karp consisting of 12 sheets dated stamped received 01/0312002, plans entitled "Newport Beach Tower", prepared by Witkin Design Group consisting of 3 sheets dated sign and sealed 11120/01, plans entitled "Sketch of Survey", prepared by Vicente Villa P.E. P.L.S. consisting of 1 sheet dated 01/17/00." b. Request No.3, Non Use Variance of Floor Area Ratio to permit proposed development with a 5.10 floor area ratio. c. Request No.4, Non Use Variance of Setback requirements to permit proposed building to setback 53.3 ft from the front (west) property line and setback 5.67 ft from the interior side (south) property line. e. Request No.5, Non Use Variance of Zoning Regulations requiring the maximum width of a building measured parallel to Collins Avenue to permit a 365 ft wide building measured parallel to Collins Avenue. f. Request No.6, Non Use Variance of Parking requirements to permit two-way driveway Resolution No. 02-Z-66, Five Seas Investors, Inc. 4 LMD:ch Legislation/Resolutions/ Attorney aisles width varying from 18 ft to 20 ft within the parking garage. III. CONDITIONS: 1. Conditions to be completed before Buildin2 Permits are issued or any construction commenced a. 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. b. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "Cornerstone Newport Beach", prepared by Kobi Karp consisting of 12 sheets dated stamped received 01/03/2002, plans entitled ''Newport Beach Tower", prepared by Witkin Design Group consisting of 3 sheets dated sign and sealed 11/20/01, plans entitled "Sketch of Survey", prepared by Vicente Villa P.E. P.L.S. consisting of 1 sheet dated 01/17/00. c. That the use be established and maintained in accordance with the approved plans. d. 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, light fixtures and street furniture shall be in compliance with the Streetscape Master Plan, prior to the issuance of a building permit, and shall be installed prior to the issuance of a Certificate of Use and Occupancy. e. That the applicant submits a Declaration of Restrictions acceptable to the City which proffers the beach access, public oceanfront park 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. That the applicant proffers to relocate the existing parking spaces at Pier Park to the proposed parking garage and provide a minimum of 29 parking spaces to the general public at Pier Park within the proposed parking garage. f. That the applicant must present evidence of performance to the Zoning Director for the obligation required to qualify for the bonuses granted under this application. Unless modified at time of hearing the applicant will be responsible for the following Floor Area Ratio bonuses; Beach Access Trust Fund ($232,960), Public Beach Recreational Enhancement ($582,400), Collins Avenue Public Streetscape Enhancement ($349,440), Sunny Isles Public Parking Bonus ($232,960) and the Public Oceanfront Park and Open Space Enhancement required per Ordinance 2001-121 as shown on the hearing plan. Resolution No. 02-Z-66, Five Seas Investors, Inc. 5 LMD:ch Legislation/Resolutions/ Attorney g. That a recordable agreement be submitted to and meet with the approval of the Zoning Department, providing for permanent and safe access for pedestrian and vehicular traffic within the development and Pier Park, particularly for fire, police, health and sanitation and other public service personnel and vehicles. The property owners and any and all parties having an interest in the land, such as mortgages, etc, shall execute such agreement. h. 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 (FDOT). 1. That the applicant receives an approval from FDOT for any curve cuts on Collins Avenue. J. No building permits shall be issued unless the applicant has submitted all documents referred in this resolution and shall have paid all impact fees and bonuses (if applicable) due to the city. 2. Conditions to be completed before any Certificate of Occupancy is issued a. Prior to the issuance of any Certificate of Occupancy, the applicant shall provide two (2) copies of all necessary approvals from all governmental agencies to the Building Department. The applicant shall demonstrate that it is in compliance with all terms and conditions ofthe approval granted by the City Commission. b. Applicant shall pay all fees related to the review of the application described herein and shall have paid all other fees due to the City. c. The City Manager and/or hislher designee in 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 himlher to review such application as required by law. Charges made by such consultants or professional 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. 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 hislher 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 Resolution No. 02-Z-66, Five Seas Investors, Inc. 6 LMD:ch Legislation/Resolutions/ Attorney 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. e. All fees required pursuant to this chapter shall be collected by the Zoning Director. 3. Other Conditions: a. Any Zoning approvals shall expire two (2) years from the date granted by the City Commission. b. That the applicant obtains a Certificate of Occupancy from the City, upon compliance with all terms and conditions, with Certificate of Occupancy shall be subject to cancellation upon violation of any of the conditions. c. 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 of approval bv the City Commission. d. That in the event of multiple ownerships, 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. e. That the applicant provides 24-hour valet parking for the guests. f. That the applicant obtains 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 ofthe conditions. IV. EFFECTIVE DATE: d. This Resolution shall become effective upon adoption. Resolution No. 02-Z-66, Five Seas Investors, Inc. 7 LMD:ch Legislation/Resolutions/ Attorney PASSED and ADOPTED this 5th day of February, 2002. CITY OF SUNNY ISLES BEACH By its City APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: ~\~ ~~ moved and \J\~ llo..uDv ~~ seconded approval of the requested zoning modIfications, and upon a ~ to .Q... in favor: Mayor David Samson Vice Mayor Iglesias Commissioner Edelcup Commissioner Goodman Commissioner Kauffman yes V no yes ----'L. no yes V no yes---1L no yes~ no Resolution No. 02-Z-66, Five Seas Investors, Inc. 8 LMD:ch Legislation/Resolutionsl Attorney 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. 02-Z-66 adopted by the City Commission at its meeting held on the 5th day of February, 2002. Issued this LdayOf f".e-l:, )~ 2002. ~~~ , Richard Brown-Morlllai" :;;<~ -...... ~O Resolution No. 02-Z-66, Five Seas Investors, Inc. 9 LMD:ch Legislation/Resolutionsl Attorney