Loading...
HomeMy WebLinkAboutResolution Zoning 02-Z- 67 RESOLUTION NO. 02-Z-67 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING ZONING APPLICATION NO. Z2002-02, FILED BY LSB INVESTMENT, CORP., SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, LSB Investment Corp., ("Applicant"), submitted an application to the City of Sunny Isles Beach, requesting the following zoning variances: 1. Deletion of Condition 'ld' of Resolution 00-Z-42 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 24th day of February, 2000, reading as follows: (1d) That the applicant voluntarily proffers a Declaration of Restriction and a Unity of Title, acceptable to the Building Official, to provide the remainder of the required parking for the proposed commercial use on the parcel directly across Collins A venue. 2. Deletion of Condition 1 of Declaration of Restrictions and Unity of Title recorded in Official Record Book 19188 Page 2366 on July 10,2000, reading as follows: (1) That Parcel "A" and Parcel "B" shall be considered as one plot and parcel of land and that no said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land. Said parcels shall comply with approved building plans. 3. Non Use Variance of Zoning Regulations requiring a five (5) feet high masonry wall to be erected along the property line separating two districts; to waive same to omit the wall along the rear west property line. LEGAL: Lot 13 and 14 Blk. 2, Golden Shores Ocean Blvd. Est. See "D", Pb53 Pg 48 LOCA TION: 18660 Collins Ave And, WHEREAS, on March 19,2002, the City Commission conducted a public 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 Resolution No. 02-Z-67, LSB Investment, Corp. 1 JLV:ed Resolutions/Zoning Department 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, Deletion of Condition 'ld' of Resolution 00-Z-42 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 24th day of February, 2000, reading as follows: (1d) That the applicant voluntarily proffers a Declaration of Restriction and a Unity of Title, acceptable to the Building Official, to provide the remainder of the required parking for the proposed commercial use on the parcel directly across Collins A venue. b. Request No.2, Deletion of Condition 1 of Declaration of Restrictions and Unity of Title recorded in Official Record Book 19188 Page 2366 on July 10,2000, reading as follows: (1) That Parcel "A" and Parcel "B" shall be considered as one plot and parcel of land and that no said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land. Said parcels shall comply with approved building plans. c. Request No.3, Non Use Variance of Zoning Regulations requiring a five (5) feet high masonry wall to be erected along the property line separating two districts; to waive same to omit the wall along the rear west property line. III. CONDITIONS: Conditions to be completed before Buildin2 Permits are issued or any construction commenced Resolution No. 02-Z-67, LSB Investment, Corp. 2 JLV:ed Resolutions/Zoning Department 1. 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. 2. That in the approval of the plan, the same be substantially in accordance with that submitted revised plans for the hearing entitled "Millennium Plaza" prepared by Kobi Karp Architects dated stamped received 02/12/02. 3. Applicant shall submit a landscaping plan for the approval of the Zoning Director. 4. That the use be established and maintained in accordance with the approved plans and shall receive a Certificate of Use in accordance therewith. 5. That the applicant submits a Declaration of Restrictions and Unity of Title acceptable to the City modifying aforementioned restrictions and that all other conditions in the prior declaration remain in full force and effect. 6. That the applicant submit to the Departments for review and approval a landscaping plan for the site and along Collins A venue 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 installed prior to the issuance of a Certificate of Use and Occupancy. 7. 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. 8. 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. 9. That the applicant obtains all required permits from the Building Department prior to commencing improvements. 10. 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. 11. Applicant shall pay all fees related to the review of application described herein and shall have paid all other fees due to the City. 12. That all other conditions and approvals under Resolution 00-Z-42 remain in full force and effect. Resolution No. 02-Z-67, LSB Investment, Corp. 3 JLV:ed Resolutions/Zoning Department 13. That the applicant replace the chain link fence along the rear property line and close the opening in the existing wall running along the rear of the abutting parking lot. III. EFFECTIVE DATE: This Resolution shall become effective upon adoption. PASSED and ADOPTED this 19th day of March, 2002. / \,~. .,A ~ rI 'F:2:~ ..~.~41'1.jttijsr: ^ '}.~i' ';.~\t~ ';'7 ~cl,iar~/Bro,:n"~~orilla, City Clerk If(.qo'J...- David Samson, May "'''\ .:::i.. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: ~. .......""^'" ~W~ moved and \1:\4. ~ :r~<vIseconded approval of the requested zoning modificatl ns, and upon a roll call, the vote as ~ to ...l. in favor: Mayor David Samson Vice Mayor Iglesias Commissioner Edelcup Commissioner Goodman Commissioner Kauffman yes ./ yes v yes \7 yes /' yes no_ no_ no no v' no_ Resolution No. 02-Z-67. LSB Investment, Corp. 4 JLV:ed ResolutionslZoning Department 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-67 adopted by the City Commission at its meeting held on the 19th day of March, 2002. Issued this \ S-r-- day of ~ \ , 2002. J~~~~- Richard Brown-Morilla, City.-clerk .--.- Resolution No. 02-Z-67, LSB Investment, Corp. 5 JLV:ed ResolutionslZoning Department