HomeMy WebLinkAboutResolution Zoning 03-Z- 75
RESOLUTION NO. 03-Z-75
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING
APPLICATION SUBMITTED BY LA MANSION L.L.C., (Z2003-06),
SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN
EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on April 25, 2003, La Mansion L.L.C., submitted an application to the City
of Sunny Isles Beach, Florida requesting the following:
1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development
Regulations the Applicant is requesting to transfer 38,847 square feet of development
rights from the City.
2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations
the Applicant is requesting a site plan approval for a 42 story, 40-unit condominium.
LEGAL: Lots 1, 2 and 3 of a Replat of Blk 1 Venicetta Beach, Plat Book 44, page 4
ADDRESS: 19505 Collins Avenue
And,
WHEREAS, on July 17, 2003, 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 given to the matter and to the positive recommendation of the joint
memorandum from the Planning and Zoning Administrator and Planning Consultant; and
WHEREAS, notice has been provided to all interested parties and a neighboring
jurisdiction regarding the application.
WHEREAS, the City Commission has reviewed the application, and finds substantial
competent evidence to support a showing by the Applicant that the request for site plan approval
and for the Transfer of Development Rights are in compliance with the Land Development
Regulations and the Comprehensive Master Plan of the City and 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.
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NOW THEREFORE, BE IT RESOL VEn BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
II. PRELIMINARY APPROVALS.
The Applicant's request to accept this site as a receiver site for the Transfer of Development
Rights from a City owned sendor site, Site Plan Approval is hereby approved as follow:
1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development
Regulations, the applicant is requesting to transfer 38,847 square feet of
development rights from the City. This approval is subject to a hearing in which the
City Commission will consider the application for transfer of development rights.
This approval is also subject to the acceptance of an appraisal amount on a square
footage basis that will be determined by an MAl appraisal acceptable to the City
Manager, taking into account the new zoning approval in accordance with this
resolution, and further procedures being developed to effectuate this program,
notwithstanding the fact that such procedures may be formally adopted subsequent
to this particular approval. Upon approval of the application for transfer of
development rights, the development approval shall become final. H the application
for development rights is denied by the City Commission, this approval shall not
become final.
2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development
Regulations the applicant is requesting a site approval for a 42 story, 40-unit
condominium.
The approval and all conditions listed below are transferable to applicant's successor, buyers or
assignee and subject to the conditions set forth below being performed to the satisfaction of the
City and subject to all procedures to be adopted relating to that transfer.
III CONDITIONS
A. Conditions to be completed before buildine permits are issued or any
construction commenced
1. Assuming approval at the hearing set forth in Section II above, an up to date appraisal of
the property (current to within 60 days) be approved by the City. The City Manager shall
agree on the transfer of development rights ("TDRs"). value before issuance of any
building permits (demolition, sales trailer permit does not constitute a building permit).
The applicant shall pay the amount determined by the City based on the appraisal for the
transfer of thirty-eight thousand eight hundred forty-seven square feet (38,847sq.ft.)
of development rights from the City (a Sender Site) to the subject property described
hereinabove (Receiver Site) as approved by the City Commission in this Resolution. The
Applicant shall submit any and all other documentation and payments required by the
City to effectuate the transfer of development rights and further procedures being
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developed to effectuate this program, notwithstanding the fact that such procedures may
be formally adopted subsequent to this particular approval.
2. Upon the submittal of an application for a building permit, the plans submitted shall meet
with the approval of the Planning and Zoning Administrator and be consistent with the
specific site plan approved by the City Commission. Plans shall include all the required
elements of the site plan pursuant to the City's Land Development Regulations and
recommendations. Should compliance with recommendations result in a change that
would not be considered "minor" in accordance with Ordinance 2003-167 adopted March
20, 2003, the Applicant shall be required to obtain another approval of the City
Commission.
3. That in the approval of the plan, the same be substantially in accordance and consistent
with site plan presented at the City Commission hearing on July 17, 2003, entitled
"Regalia Tabular Data" and "Lobby and Garage Level Lighting Plan", prepared by The
Sieger Suarez Architectural Partnership dated revised 7-1-03 consisting of three sheets,
plans entitled "Regalia", prepared by The Sieger Suarez Architectural Partnership
consisting of 25 sheets dated revised 4/04/03 and plan entitled "Conceptual Paving,
Drainage, Water and Sewer Plan", prepared by Fortin, Leavy, Skiles, Inc., consisting of
one sheet date signed 4/07/03, plan entitled "Existing Driveway Location", prepared by
Fortin, Leavy, Skiles, Inc., dated 2/13/03.Plans may be modified at public hearing.
4. That a plan be submitted to the Planning and Zoning Administrator, Landscape Architect
and Planning Consultant including their in-house experts, for their review. Plans shall
include all easements to be proffered by the Applicant to the City, including but not
limited to beach access easements exactly as represented to the City Commission by site
plan drawing and oral representation, ten-foot (10') landscaping streetscape easement as
per Streetscape Master Plan, if applicable. Plans shall show the type and size of plant
materials, which shall coordinate with the approved Streetscape Master Plan prior to the
issuance of a building permit.
5. That the applicant submit a Declaration of Restriction in recordable form acceptable to
the Zoning Director prior to submittal for an application for building permit, which
proffers the beach access, landscaping, easements over, across, under and through.
Maintenance for such easement parcels proffered to the City, shall be the responsibility of
the applicant, including 24-hour valet parking services for owners and guests, among
other things.
6. That the Applicant shall present evidence of performance to the Planning and Zoning
Administrator of the obligation required to qualify for the Floor Area Ratio bonus under
Section 703.9.5 of the code.
a)
b)
c)
Public Beach Rec. Enhancement
Collins Ave Streetscape
Sunny Isles Public Parking
0.50 FAR
0.30 FAR
0.20 FAR
$, 166,460
$ 99,876
$ 66.584
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Total 1.00 FAR
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$ 332,920
The total contribution for all Floor Area Ratio bonuses for the development is $332,920
for a total increase in floor area ratio of 1.0 for a maximum floor area ratio of 3.5. If
development is permitted in phases the bonus contribution shall be pro rated for each
phase.
7. That the applicant contribute to the Off-Street Parking Fund as per Section 801.1.2(b) for
the buy down of 10% (6 parking spaces) of the required parking spaces.
8. That in the event of multiple ownership, a homeowner's association be established in
accordance with applicable regulations to assure that all common areas and facilities for
the residents, as well as all easements dedicated to the City shall be maintained in
continuous and satisfactory manner, and without expense to the general taxpayers of the
City of Sunny Isles Beach.
9. That the Applicant comply with all conditions and requirements of the Department of
Environmental Resource and Management (DERM), the Fire Department, Water and
Sewer Department, Department of Environmental Protection (DEP), Florida Department
of Transportation (FDOT).
10. No building permits shall be issued unless the Applicant has submitted all documents
referred under this approval and shall have paid all impact fees, bonuses and Transfer of
Development Rights (if applicable), professional fees (as per Ordinance 2001-132 and
such other applicable Land Development Regulations) due to the City.
11. Under Ordinance 2001-132, the City Manager and lor his/her designee in review of any
application, has and may continue to 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 consultants or
professionals 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 prior to the issuance of a building permit (demolition, sales trailer permit
does not constitute a building permit).
12. At the time of submission of any application for building permit, after the development
order has been approved, applicant shall fund an escrow account be established, from
which withdrawals would be made to reimburse the City for the cost of professional
review services, if any. The applicant shall provide funds to the City for deposit into
such account in an amount to be determined by the City Manager or his designee, 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
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thirty-days (30) after the Applicant is notified, in writing, of the requirements 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 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.
B. Conditions to be completed before any Certificate of Occupancy is issued.
1. That the Applicant demonstrates that they are in compliance with all terms and conditions
under this approval.
2. 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. Other Conditions
1. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the
City upon compliance with all terms and conditions. The Certificate of Occupancy and
Certificate of Use shall be subject to cancellation upon violation of any of the conditions.
2. That the approved site plan shall remain valid for a period of 24 - months from the date of
approval. If no building permit is issued within the 24 -month time period, the site plan
shall be considered null and void and of no force and effect.
3. That the Applicant complies with all City Ordinances applicable to development and
permit approvals.
4. That the Applicant shall submit a Declaration of Restrictions, in recordable form,
acceptable to the Planning and Zoning Administrator prior to submittal for an application
for building permit, which proffers the maintenance of the landscape in the swale area
along the frontage of the property.
FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE
CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE
APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH
CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY
RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT
CONDITION IS MET.
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IV. SEVERABILITY AND EFFECTIVE DATE.
1. If any section, subsection, clause of provision of this Resolution is held invalid, the
remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions
in conflict herewith shall be and hereby are repealed.
2. This Resolution shall become effective upon adoption.
PASSED and ADOPfED this 17th day of July 2003.
By:
CH, FLORIDA
i'"
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Of ~.. "~ ,f~:'{, ~...,)
APPROvED AS TO FORM
AND LEGAL UFFICIENCY:
VOTE: :;-0
Mayor Samson
Vice Mayor Edelcup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffman
Second by:
'J l ce.. ~~O.". E.4e.\c.u p
C ()~SS~c)l\Je~~~~
Moved by:
nes _no
0es no
~s no
~s no
yes _no
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STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
I, JANE A. IDNES, Acting City 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. 03-Z-!1S
adopted by the City Commission at its meeting held on the ~day of
Issued: ~~ 2 ~) 2..00 3
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