HomeMy WebLinkAboutResolution Zoning 02-Z- 68
RESOLUTION NO 02-Z-68
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING ZONING
APPLICATION OF THE SEA BREEZE OCEAN DEVELOPERS,
LLC Z2001-05; SUBJECT TO CERTAIN CONDITIONS
PROVIDING FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, Sea Breeze Ocean Developers, LLC ("Applicant") submitted an application
to the City of Sunny Isles Beach requesting the following zoning variances:
WHEREAS, on May 14, 2002, the City Commission of the City of Sunny Isles Beach
passed and adopted at public hearing, Resolution No.02 -Z-68, approving the zoning application
of Sea Breeze Ocean Developers, LLC,; and
1. Special Exception to permit the temporary storage of fill, storage containers on site.
2. Unusual Use to permit temporary parking for construction personnel in a zone more
Restrictive than the use it serves.
3. Non-Use Variance of Sign Regulations to permit 2 detached signs 72 square feet each
(2 detached signs 24 square foot each permitted).
LEGAL:
All that of Lots 89, 90, 91, 92, 93, 94 and 95 Tatum's Ocean Beach Park
according to the plat thereof, as recorded in Plat Book 5, at Page 35, of
the public records of Miami-Dade County, Florida, bounded on the West
by the East right of way line of State Road AlA, as shown on the Florida
Department of Transportation right of way map, Section no. I 87170-
2517, sheets 4 and 6, dated January 2, 1986, said State Road A-I-A also
recorded in Plat Book 45, at Page 39 of the public records of Miami-
Dade County, Florida, bounded on the East by the Erosion Control Line
for Sunny Isles Beach (established as the Mean High Water Line),
according to the plat thereof, recorded in Plat Book 134 at Page 47, of
the public records of Miami-Dade County, Florida, bounded on the
North by a line1129.16 feet South of and Parallel with "Browns Base
Line", as shown on the plat of "Sunny Isles base lines and the tie-ins",
according to the plat thereof as recorded in Plat Book 34, at Page 95, of
the public records of Miami-Dade County, Florida, and bounded on the
South by the South line of said lot 89, all being more particularly
described as follows: Begin at the intersection of the easterly right of
Resolution No. 02-Z-68 Sea Breeze. JL V:ed 1
way line of said State Road A-1-A with a line 1129.16 feet South of and
parallel with said "Browns Base Line"; thence North 87 deg. 19 min. 24
sec. East, along said parallel line, for 373.40 feet; thence South 01 deg.
28 min. 41 sec. West along said Erosion Control Line, for 574.83 feet;
thence South 00 deg. 31 min. 46 sec. East , continuing along said
Erosion Control Line, for 66.98 feet; thence South 86 deg. 53 min. 24
sec. West, along the South line of said lot 89, for 371.01 feet; thence
North 01 deg. 02 min. 19 sec. East along said easterly right of way line,
for 644.41 feet to the Point of Beginning. Said lands lying in fractional
Section 14, Township 52 South, Range 42 East, Miami-Dade County,
Florida.
SIZE OF PROPERTY:
6.3 Acres
ZONE:
MU-R
LOCATION:
16275 Collins Avenue, Sunny Isles Beach, Fl. 33160
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 applicant requested a withdrawal without prejudice of the variance request,
number #3 (Non-Use Variance of Sign Regulations) submitted by Applicant; 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
a. Special Exception to permit the temporary storage of fill, storage
containers on site.
b. Unusual Use to permit temporary parking for construction personnel
in a zone more restrictive than the use, it serves.
Resolution No. 02-Z-68 Sea Breeze. JL V:ed
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c. Non Use Variance of Sign Regulations was Withdrawn without prejudice from
consideration by Applicant
CONDITIONS
Conditions to be completed before BuUdin!! 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 "Seabreeze Resort Property" prepared by Turnberry
Associates dated stamp received 07/31/01.
c. That the use be established and maintained in accordance with the approved plans.
d. That the applicants comply with all conditions and requirements of the Department of
Environmental Resources Management (DERM), the Fire Department and the Florida
Department of Transportation (FDOT).
e. That the applicant receives an approval from FDOT for any curve cuts on Collins
A venue.
f. 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.
g. That the parking and storage of materials is temporary and shall be removed upon the
completion of the construction of the building located across Collins A venue in the
Oceania development.
h. Such use shall be only for the use of the construction occurring in the Oceania
development across Collins Avenue.
1. That the applicant will comply with the requirements of the City Ordinance 2002-153.
J. That the Applicant shall wet the existing fill daily or as it may be determined by the
Zoning and Code Licensing Director.
k. The Applicant shall install a fence around his property pursuant to the regulations
adopted by the City.
Resolution No. 02-Z-68 Sea Breeze. JL V :ed
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Conditions to be completed before any Certificate of Occupancy is issued
a. 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.
b. The City Manager and/or his/her 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 rate charges
by such consultants or hourly rates of employed professionals and shall be paid on
submission of a City voucher.
c. 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 (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
d. The Zoning Director shall collect all fees required pursuant to this chapter.
Resolution No. 02-Z-68 Sea Breeze. JL V:ed
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III. EFECTIVE DATE:
This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 14th day of May 2002.
CITY OF SUNNY ISLES BEACH
By its City Commission
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE:
\JiLL ~ TF(.\.4 moved and ~~~~seconded approval
requested zoning modifications, and upon a roll call, the vote was S- to J.2... in favor:
of the
Mayor David Samson
Vice Mayor Iglesias
Commissioner Ede1cup
Commissioner Goodman
Commissioner Kauffman
yesV'
yes v
yes V
yes ...JL.
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no_
no_
no_
no_
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Resolution No. 02-Z-68 Sea Breeze. JL V:ed 5
ST A TE 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-68 adopted
by the City Commission at its meeting held on the 14th day of May, 2002.
Issued this 'J...'sJr day of ~ ,2002.
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Resolution No. 02-Z-68 Sea Breeze. JL V :ed 6