HomeMy WebLinkAboutResolution Zoning 04-Z- 86
RESOLUTION NO. 04-Z-86
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING
APPLICA TION SUBMITTED BY DEZER PROPERTIES 108 LLC, FOR A
TEMPORARY SALES OFFICE BUILDING, SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, Dezer Properties Ltd., submitted an application to the City of Sunny Isles
Beach, Florida requesting the following:
1. Pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach, the applicant is
requesting a site plan approval to permit temporary trailer to be use as a sales office.
2. Pursuant to Section 265-13 of the Code of the City of Sunny Isles Beach, the applicant is
requesting a conditional use to permit a temporary trailer
Legal Description: Lots 17 and 18 in Block 1 of Bayview Point, according to the Plat thereof,
recorded in Plat Book 46 Page 98, Public Records of Dade County, Florida, located at 15800
Collins A venue AND
A part of lot 82 Tatums Ocean Beach Park Subdivision according to the Plat thereof, recorded in
Plat Book 5 Page 35, Public Records of Dade County, Florida, described as follows:
Begin at the point of intersection of the South line of said Lot 82 with the westerly right-of-way
line of said State Road A-I-A, the same being the NE comer of Lot 17, Block 1 of Bayview Point,
Plat book 46 Page 98 of the records of Dade County; thence run due West along the South line of
said Lot 82 and being along the North line lot 17, Block 1 of said Bayview Point for a distance of
86.17 feet to a point, the same being the comer of said Lot 17; thence run North 11 degrees 18
minutes 36 seconds East along a line to a point and being along an Easterly line of Lot 17, Block
1 of said Bayview Point for a distance of 50.99 feet to the most Northerly comer of said Lot 17,
said point and comer being 50 feet north of, as measured at right angles to, the South line of said
Lot82; thence run South 85 degrees51 minutes 16 seconds East along a line for a distance of
79.59 feet to its intersection with the Westerly right-of way line of said State Road A-I-A; thence
South 4 degrees 8 minutes 44 seconds West along the Westerly right-of-way line of said State
Road A-1-A for a distance of 44.36 feet to the point of beginning.
Location:
15800 Collins Avenue
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 recommendation by memorandum from the
Planning and Zoning Administrator and Planning Consultant; and
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WHEREAS, notice has been provided to all interested parties regarding the application.
WHEREAS, the City Commission has reviewed the application, the written and oral
recommendations of the Planning Consultant and Zoning Director and all outside consultants
who render reports with respect to the site plan under review, and finds substantial competent
evidence to support a showing by the Applicant that the request maintains 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
The application of Dezer Properties 108 Ltd, is hereby approved, with modifications, as follows:
1. APPROVED: Conditional Use pursuant to Section 265-13 of the Code of the City of
Sunny Isles Beach, to permit a temporary sales office.
2. APPROVED: Site plan to permit a temporary sales office for an approved development
pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach;
subiect to the following conditions:
IV. CONDITIONS
A. Conditions to be comoleted before below S!rade or buildinS! oermits. includine
foundation oermits. 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.
2. Plans are on file and may be examined in the Zoning Department entitled "Dezer South Sales
Trailer", prepared by Pacetti Architects, consisting of 3 sheets dated received 5-14-04 and plans
entitled "Dezer South Sales Trailer Paving and Drainage Plans", prepared by Fortin, Leavy,
Skiles, Inc., consisting of 3 sheets dated signed 5-06-04 and plans entitled "Dezer South Sales
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Trailer Landscape Plan", prepared by EGS2 Corp dated 05-14-04. Plans may be modified at
public hearing.
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 plan shall be submitted to the Zoning Director and Landscape Architect for their
review. 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. The
landscaping plans should include a 10-foot buffer along Collins Avenue to be maintained
by Applicant.
5. That the applicant shall comply with all conditions and permit requirements of the
Department of Florida Department of Transportation (FOOT) for the curve cut onto
Collins Avenue.
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.
3. That pursuant to Section 267 of Code of the City of Sunny Isles Beach, the City Manager
and lor his/her 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.
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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, Property/Casualty 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.
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.
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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.
2. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17th day of June, 2004.
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ATTEST: . .
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Jmte A. Hines, City Clerk
Moved by:
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'VIa ~1"'~hVVlf+l\l'
VOTE:
5-0
Second by:
Mayor Norman Edelcup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
yes V
yes V
yes i.7"
yes V
yes V
no_
no_
no_
no_
no_
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STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
I, JANE A. mNES, 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-86 adopted by the
City Commission at its meeting held on the J ~ 1 u. day of ~t ~ , 2004.
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Issued: ~ J. (--'i) 2(}b Y
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Jane A. Hines, €i1y CJfflq. .! .,,~.
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