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Home My WebLink AboutResolution Zoning 03-Z- 77 RESOLUTION NO. 03-Z.::!11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICATION SUBMITTED BY ME- Y AD JEWISH OUTREACH PROGRAM! CHABAD OF GOLDEN BEACH, (Z2002-07), SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, Me- Y ad Jewish Outreach ProgramlChabad of Golden Beach, submitted an application to the City of Sunny Isles Beach, Florida requesting the following: I. Conditional Use to permit a religious facility LEGAL: The South 25 feet of Lot 6 and all of Lots 7, 8, 9, and 10, Block 2, Venicetta Beach Subdivision, recorded in Plat book 9 Page 100, said boundaries extend from the Easterly right of way line of Collins Ave to the Erosion Control Line of the Atlantic Ocean, as said line is recorded in Plat Book 134 Page 47, all recorded in the Public Records of Miami-Dade County, Florida. ADDRESS: 19201 Collins Ave, more particularly described as unit # 101,102,115 And, WHEREAS, on August 28, 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 conditional use 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. 03-z-Me-Yad Jewish Outreach I U:\legislation\Zoning Resolutions\03-Z Me-Yad outreach Zoning Reso.doc NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: II. APPROVALS. 1. 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. 2. Request for a conditional use to permit a religious facility is hereby approved subject to the following conditions. III CONDITIONS A. Conditions to be completed before buildine permits are issued or any construction commenced 1. 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. 2. 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 August 28, 2003, entitled "Interior Build-out for Sam Cuenca", prepared by "Ventura Architecture Development, Inc.", consisting of one sheet dated OS/20/2003 and plans entitled "East Parcel Site plan" prepared by Giller & Giller, Inc dated stamped received 6/12/03. Plans may be modified at public hearing. 3. That the applicant, obtain all required building permit for the construction of the religious facility from the Building, Planning and Zoning Department of City of Sunny Isles Beach. 4. 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). 5. 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. 03-z-Me-Yad Jewish Outreach 2 U :\legislation\Zoning Resolutions\03-Z Me- Y ad outreach Zoning Reso.doc 6. 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 himlher 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). 7 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 (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-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. I. 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 this approval 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. 03-z-Me-Yad Jewish Outreach 3 U:\legislation\Zoning Resolutions\03-Z Me-Yad outreach Zoning Reso.doc 3. That the Applicant complies with all City Ordinances applicable to development and permit approvals. 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 WITmN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. 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 ADOPTED this :2,i4t day of A-t.t~~t2003. .. .' By: '. !,. ,~, l.~ ','-(' / \;~,' to ..'~ '.~' .~ " . AT:rESTo' ,',- :...: ;~~S~~Clerk ::. . '.":-1 < '",.j Moved by: Y\'U m~o'(' ~de.-\c~t~ Second by: Gmvr-l<~If)r0~ \<(~FFn'I(fAJ 03-z-Me-Yad Jewish Outreach 4 U :\legislation\Zoning Resolutions\03-Z Me- Y ad outreach Zoning Reso.doc VOTE: 5-0 Mayor Samson Vice Mayor Edelcup Commissioner Goodman Commissioner Iglesias Commissioner Kauffinan .J6res _no ~es_no V)res_no VYes no L/Yes_no 03-z-Me-Yad Jewish Outreach 5 U :\City Clerk\Resolutions\2003 Zoning Resolution\03-Z-77 Me- Y ad Outreach Zoning Reso.doc STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, JANE A. HINES, 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-77 adopted by the City Commission at its meeting held on the 28th day of August, 2003. Issued: August 28. 2003 ,.- ,fo> A r ~~,'.;...,,:~... ,- . .,-ja~") ...." .'. r:- ....',/ f ~ c:; tJ>. l 1+. fk:ffJ /. ~ Jane A. Hines ",. :';.......~~~,': t;.. Acting City Clerk ) { ~#,:. '\.~-." 'j.;.jt'-' ~ 'J' -" \ #r: \.,.r ft \. ...j< 03-z-Me-Yad Jewish Outreach 6 U :\City Clerk\Resolutions\2003 Zoning Resolution\03-Z-77 Me- Y ad Outreach Zoning Reso.doc