HomeMy WebLinkAboutResolution Zoning 04-Z- 83
RESOLUTION NO. O~-Z- B.5..
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE
ZONING APPLICATION SUBMITTED BY DESERT INN BEACH &
TENNIS CLUB ASSOC, INC., (THE "APPLICANT"), (Z2003-13) FOR
TRANSFER OF DEVELOP:MENT RIGHTS ("TDRs"), IN THE AMOUNT
OF 65 DWELLING UNITS AND 112,905 SQUARE FEET OF FLOOR
AREA, PURSUANT TO SECTION 265-23 OF THE CITY'S LAND
DEVELOP:MENT REGULATIONS (LDR's), AND SITE PLAN
APPROVAL, PURSUANT TO SECTION 265-18 OF THE LDR's, AND
THE UTILIZATION OF 1.50 BONUSES OF FLOOR AREA RATIO (FAR)
TO PERMIT THE DEVELOP:MENT OF "OCEAN IV", A 40 STORY, 281-
UNIT CONDOMINIUM PROJECT, ON THE PROPERTY LOCATED AT
17201 COLLINS A VENUE, SUBJECT TO CERTAIN CONDITIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on October 14, 2003, DESERT INN BEACH & TENNIS CLUB ASSOC,
INC., (the "Applicant") submitted an application to the City of Sunny Isles Beach, Florida ("the
Application") (Z2003-13), requesting the following:
1 Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a transfer of 112,905 square feet of development
rights and 65 dwelling units from the City TDR Bank to the Project.
2 Pursuant to Section 265-18, of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting site plan approval for a 40 story 281-unit
condominium project named "Ocean IV" (the "Project").
LEGAL: That portion of the South 300.00 feet of the North 400 feet of Lot 2 of Tatum's
Subdivision, recorded in Plat Book 10 at Page 64 of the Public Records of Miami-
Dade County, Florida, lying East of Easterly Right of Way of State Road A-I-A,
as shown by Plat recorded in Plat Book 47 at Page 101 of the Public Records of
Miami-Dade County, Florida, together with all riparian rights appurtenant thereto.
(The "Property")
ADDRESS: 17201 Collins Avenue;
WHEREAS, on June 3, 2004, the City Commission conducted a public hearing on the
Application; and
WHEREAS, the public hearing of the City Commission was advertised and held as
required by law, all interested parties concerned in the matter were heard, and due and proper
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consideration was given to the matter and to the positive recommendation contained in the joint
memorandum from the Planning and Zoning Administrator and the Planning Consultant; and
WHEREAS, notice was provided to all interested parties regarding the Application; and
WHEREAS, the City Commission reviewed the Application, the written and oral
recommendations of the Planning and Zoning Administrator and the Planning Consultant and all
outside consultants who render reports with respect to the Application, including the
recommended conditions, and found substantial competent evidence to support a showing by the
Applicant that the requests for the transfer of development rights and for site plan approval 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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS
SUCCESSORS OR ASSIGNS, AS FOLLOWS:
II. INCORPORATION OF RECITALS.
All recitals are incorporated into the body of this Resolution as if same were fully set forth herein.
III. APPROVALS.
A. The Applicant's request for approval of the Property as a receiver site and for approval of
the transfer of 65 dwelling units and 112,905 square feet of development rights from the City's
TDR Bank to the Property, pursuant to Section 265-23 of the LDR's, is hereby granted, and,
subject to conditions outlined herein, the City Commission finds such transfer consistent with the
goals, policies and objectives of the Comprehensive Plan and the expressed purpose of Section
265-23 of Code of the City of Sunny Isles Beach as further amended by Ordinance No.2004-200.
B. The Applicant's request for approval of the site plan submitted for the Project known as
"Ocean IV" is hereby granted and said site plan is hereby approved, subject to the actual transfer
of the development rights, and to all of the conditions provided in Section IV of this Resolution.
IV. CONDITIONS
A. Conditions to be completed before below grade or building permits, including
foundation permits, are issued or construction of any nature is commenced
1. That 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
developed to effectuate this program, notwithstanding the fact that such procedures may
be formally adopted subsequent to this particular approval, prior to submitting for
building permit.
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2. That the Property be developed substantially in accordance with the plan previously
submitted for public hearing for "Ocean IV," and on file, entitled "Boundary Survey",
prepared by Fortin, Leavy, Skiles, Inc., dated revised 5/27/03 and plans entitled "Ocean
Four", prepared by The Sieger Suarez Architectural Partnership consisting of 27 sheets
dated revised 3/15104 and plans entitled "Master Site Civil", prepared by EDC Corp.,
consisting of 4 sheets dated signed and sealed 3/18/04, and plan entitled "Photometric
Site Plan", prepared by PES Mechanical and Electrical Engineer dated, signed and sealed
8/18/03.
3. That 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 shall 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 and these conditions. Should compliance with these conditions
and recommendations result in a change that would not be considered "minor" in
accordance with Section 265-18 (I) Code of the City of Sunny Isles Beach, the Applicant
shall be required to obtain another approval by the City Commission.
4. That a plot plan be submitted to the Planning and Zoning Administrator, Landscape
Architect and Planning Consultant including their in-house experts, for their review. The
plot plan shall include all easements proffered by the Applicant to the City, including but
not limited to (i) a beach access easement exactly as shown on the Site Plan and as
represented by the Applicant to the City Commission (the "Beach Access Easement"),
(ii) a ten-foot (10') landscaping streetscape easement as per the City Streetscape Master
Plan (the "Streetscape Easement"), and (iii) the 10,000 square foot public oceanfront park
(the "Oceanfront Park") and, if applicable, other amenities. The plot plan shall show the
type and size of plant materials, which shall be in compliance with the City's Streetscape
Master Plan.
5. That the Applicant submit a Declaration of Restrictive Covenants (the "Declaration") in
recordable form, in accordance with the provisions of Section 265-23.7.1(e) of the Code
of the City of Sunny Isles Beach, acceptable to the Planning and Zoning Administrator,
prior to submittal of an application for a building permit. The Declaration shall proffer
the Beach Access Easement, the landscaping Streetscape Easement, and the Oceanfront
Park, and easements over, across, under and through all of these easements, all of which
shall be fully accessible to the public and clearly designated, by means of signage
approved in writing by the City Manager or its designee, as amenities open to all
members of the public. The provision of twenty-four (24) hour valet parking services for
owners and their guests shall be included in such Declaration.
6. The Declaration shall specify that the proffered Beach Access Easement and the
Oceanfront Park, shall be fully landscaped and equipped with public amenities including,
but not limited to, benches and lighting (the "Public Amenities"). The Applicant shall
maintain all of the easement parcels, including but not limited to the Beach Access
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Easement, Landscaping Streetscape Easement, and Oceanfront Park, in perpetuity, to a
standard reasonably acceptable to the City Manager.
7. That the applicant submit evidence of purchase of the required 108,474 square feet of
TDR's for the approval of the City administration, which shall then, in accordance with
Section 265-23.7.2, of the Code of the City of Sunny Isles Beach, advise the City
Commission that this condition has been met and which shall at the same time submit a
resolution for approval of a revised Bank Statement, adjusted to reflect the approved site
and the units of TDR's attributable to Ocean IV, which Bank Statement shall also reflect
all approved sites and the units of TDR's attributable to each site.
8. That the Applicant shall present evidence of performance to the Planning and Zoning
Administrator of the obligations required to qualify for the following Floor Area Ratio
bonuses under Section 265-35(D)(9)[2](c) of the Code of the City of Sunny Isles Beach.
In the event Applicant has done so prior to issuance of building permit, the Applicant
shall acquire the following Floor Area Ratio Bonuses:
a) Beach Access Easement 0.10 FAR $ -0-
b) Beach Access Trust Fund 0.20 FAR $ 378,980
c) Public Beach Rec. Enhancement 0.50 FAR $ 947,450
d) Collins Ave Streetscape 0.30 FAR $ 568,470
e) Sunny Isles Public Parking 0.20 FAR $ 378,980
f) Public Ocean Park 0.20 FAR $ -0-
The total contribution for all Floor Area Ratio bonuses for the Project is $2,273,880 for a
total increase in floor area ratio of 1.5 for a maximum floor area ratio of 4.0. If
development is permitted in phases, the bonus contribution shall be pro rated for each
phase.
9. That the Applicant shall 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), and Florida
Department of Transportation (FOOT).
10 The Applicant will abide by all City and County ordinances relating to the hours of
operation for construction commencement and termination. The Applicant will use its
best efforts to minimize vibration and noise during the construction of the Project.
11. That all overhead utilities adjacent to the public right-of-way on the Project site shall be
placed underground in order to insure the public safety during an evacuation procedure
and to insure the ability of the City to restore public utility service subsequent to a storm
event.
12. That under grounding of utilities shall be accomplished as mandated by Section 250~09
thru 250-16 of the Code of the City of Sunny Isles Beach and the City Streetscape Master
Plan. If not otherwise funded by the Collins A venue Streetscape contribution provided in
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Section 265-35, this shall include the purchase, replacement and installation of light poles
that conform to Streetscape Master Plan requirements. The Applicant shall coordinate
with the City Manager on this issue.
13 That the Applicant shall submit plans for the construction of an appropriate barrier
between the construction site and adjoining properties in order to minimize blowing of
sand and debris. The Applicant will abide by all City and County ordinances relating to
the hours of operation for construction commencement and termination. The Applicant
will use its best efforts to minimize vibration and noise during the construction of the
Project.
14. That no wall, fence, or visual obstruction of any kind shall be placed within 25 feet of the
Collins A venue public right of way and no such wall or fence shall in any way obstruct
the Beach Access Easement. No portion of the Beach Access Easement shall be utilized
for vehicular access to the parking garage or to main structure loading docks.
15. That paving within the front setback shall consist of pavers or other decorative materials
approved by the Building Official. Under no circumstances shall asphalt concrete or
plain concrete be utilized as paving in the front setback.
16. That Applicant has submitted all documents required under this Resolution and all impact
fees, bonuses, and transfer of development right monies, if applicable, and professional
fees in accordance with Section 267 of Code of the City of Sunny Isles Beach and other
applicable Land Development Regulations due to the City have been paid.
17. That in the event of multiple ownership, a homeowner's association or, if the Property is
submitted to condominium regime, a condominium association, shall be established in
accordance with applicable regulations to insure that all common areas and facilities for
the residents, as well as all easements dedicated to the City hereunder shall be maintained
in a continuous and satisfactory manner, without expense to the general taxpayers of the
City of Sunny Isles Beach. A copy of this Resolution shall be recorded at the expense of
the Applicant, a copy of the recorded Resolution delivered to the City, and a copy of this
Resolution and other recorded documents shall be included in any condominium
documents recorded for this Project.
18. That the Applicant contribute to the Off-Street Parking Fund as per Section 265-46 A (2)
(b) for the buy down of 11.4% (48 parking spaces) of the required parking spaces, for a
total of $480,000 prior to building permit.
B. Conditions to be comoleted before any Certificate of Occuoancv is issued.
1. That the Applicant demonstrates that it is in compliance with all terms and conditions of
this Resolution.
2. That the Applicant shall pay all remaining fees related to the review of the Application
described herein and shall have paid all other fees previously due to the City.
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3. That pursuant to Section 267 of Code of the City of Sunny Isles Beach, the City Manager
and lor hislher designee in review of any application, may continue to refer the subject
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 a
contractual agreement by and between the City and such consultants and shall be a
continuing obligation of the Applicant. Charges made by the City shall be in accord with
the hourly rates charged by such consultants or hourly rates of employed professionals
and shall be paid within 30 days of submission of City voucher.
4 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 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 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 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.
5. The Applicant shall furnish a payment and performance bond in an amount determined
by the Building Official to ensure Applicant's performance of public improvements
required pursuant to the Site Plan approval, in accordance with recommendations of the
Building Official after review of construction plans submitted and based on the approval
provided in this Resolution. Any such bond shall be issued by a surety having a
minimum rating of A-I in the Best's Key Rating Guide, PropertylCasualty Edition, shall
be subject to the approval of the City, and shall provide that "this bond may not be
cancelled or allowed to lapse until 30 days after receipt by the City, by certified mail,
return receipt requested, of written notice from the issuer of the bond of intent to cancel
or not to renew". As improvements are made the City, within its discretion, may reduce
or eliminate the bond amount. These rights reserved by the City with respect to any
construction bond established pursuant to this section are in addition to all other rights
and remedies the City may have under this Resolution, in law or in equity.
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C. Other Conditions
1. That the Applicant shall obtain 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 Site Plan 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.
3. That the Applicant shall comply with all City Ordinances.
4. That this Resolution and all conditions contained herein shall be binding upon Applicant,
its successors and/or assigns.
5. That all median openings are approved by the City prior to commencement and that the
median openings meet the requirements of the Sunny Isles Beach Median Closing Traffic
Study as approved by City Resolution 2003-598.
NO BIDLDING PERMIT SHALL BE ISSUED (EXCEPT FOR DEMOLITION AND
SALES CENTER) UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS
REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL
IMPACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE
CITY (IF APPLICABLE), OR OTHERWISE PRODUCED EVIDENCE THAT THE
PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III
HEREINABOVE HAVE BEEN TRANSFERREDPROFESSIONAL FEES SECTION 267
OF CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL OTHER FEES DUE
AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT
REGULA TIONS.
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 WITIDN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY
RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT
CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY
CONSENTS TO ALL THESE TERMS AND CONDITIONS.
V. 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.
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2. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 300 day of June, 2004.
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
,~ .....
<ATTEST: . / .
- .. \, -;'''~ ~""~
", ~. t\_~l~~
JaneA. ~nes, 9ltJ~ Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~ n M. Dannheisser, City Attorney
Moved by: Vl~ vY\~(~bW\f\-V
Second by: ~ ~R~."z.., tV
VOTE: 4-0-\
Mayor Norman Ede1cup l/)'es
Vice Mayor Goodman ~es
Commissioner Brezin _yes
Commissioner Iglesias ~s ~~ yes
Commissioner Thaler ~es
_no
_no
_no
_no
_no
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STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
I, JANE A. HINES, 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. 04-Z- ~3 adopted by the
_ f!\ \
City Commission at its meeting held on the ,.~M day of'-.Lt LiY\JL , 2004.
I 'I I
Issued: '-.J t<tM 2-'2, 2-DO '"t
~J:A.~.. ~
~ ft.
Jane A. ~nes',..' .
City Clet~.
Ocean IV Final Resolution
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