HomeMy WebLinkAboutResolution Zoning 04-Z- 88
RESOLUTION NO. 04-Z-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING
APPLICATION SUBMITTED BY FORTUNE BEACH L.L.C., FOR A
TEMPORARY SALES OFFICE BUILDING AND OTHER VARIANCES
RELATING THERETO, SUBJECT TO CERTAIN CONDITIONS;
PROVIDING FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, Fortune Beach L.L.C., submitted an application to the City of Sunny Isles
Beach, Florida requesting the following:
1. Variance of Section 265-35 D (4)(a)(I) of the Code of Sunny Isles Beach to permit
proposed temporary sales office to setback 25 feet (75 feet required) from the front (west)
property line.
2. Conditional Use pursuant to Section 265-13 of the Code of the City of Sunny Isles Beach,
to permit a temporary sales office.
3. 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 a temporary sales office for an approved
development.
Legal Description: The South 200 ft of Lot or Tract, and the North 100 of the Lot of Tract 1,
lying East of State Highway AlA (Collins Avenue) as shown on the Plat entitled
"Subdivision of Government Lot 6, in Section 2, Township 52 South, Range 42 East, and
Government Lots 1, 2, 4 and portions of Lots 5 and 6, Section 11, Township 52 plat
thereof as recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dade
County, Florida.
Location: 17121 Collins Avenue; 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 recommendation by memorandum from the
Planning and Zoning Administrator and Planning Consultant; and
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
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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. APPROV ALSIDENIALS.
,
The application of Fortune Beach, LLC, is hereby approved, with modifications, as follows: 1.
1. APPROVED: Variance of Section 265-35 D (4)(a)(1) of the Code of Sunny Isles Beach
to permit proposed temporary sales office to setback 25 feet (75 feet required) from the
front (west) property line;
2. APPROVED: Conditional Use pursuant to Section 265-13 of the Code of the City of
Sunny Isles Beach, to permit a temporary sales office;
3. 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:
The approval and all conditions listed below are transferable to applicant's successor. buyers or
assignee and subiect to the conditions set forth below being performed to the satisfaction of the
City.
Conditions to be comoleted before below S!rade or buildinS! oermits are issued.
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 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. Should compliance with recommendations result in a change that
would not be considered "minor" in accordance with Ordinance 2003-167 adopted March
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20, 2003, the Applicant shall be required to obtain another approval from the City
Commission.
2. That the approval of the plan be substantially in compliance with that submitted for "Jade
Sales Center", prepared by Carlos A. Ott Architect, Kobi Karp Architects date stamped
received 06-02-04 on sheets consisting of 15 sheets and; plans entitled "Cover Sheet and
Location Map, Site and Paving Plan, Site, Site and Paving Details, Grading and Drainage
Plan, Site Utilities Plan, Storm Drainage Details and Water Details", prepared by VSN
Engineering Inc., date stamped received 05-14-04, consisting of 7 sheets and; plans
entitled "Sales Center Jade on the Beach", prepared by J.F.S. Design, Inc. consisting of 3
sheets, dated 05-17-04. Plans may be modified at public hearing.
3. 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 lO-foot buffer along Collins Avenue to be maintained
by Applicant.
4. 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.
5. That the applicant submits a complete photometric plan for review and approval by the
Planning and Zoning Administrator prior to issuance of building.
Conditions to be comoleted before any Certificate of Occuoancv 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.
3. Under Ordinance 2001-132, the City Manager and lor hislher 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 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.
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 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
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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 (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 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. That Applicant shall furnish a payment and performance bond in an amount to be
determined by the Building Official to ensure Applicant's performance of public
improvements required pursuant to site plan approval and in accordance with
recommendations of the Building Official after review of construction plans submitted
based on development approval granted herein. 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 thirty (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.
Other Conditions:
1. That the applicant shall obtain a Certificate of Use and Certificate of Occupancy from the
City upon compliance with all terms and conditions. The Certificate of Use and
Certificate of Occupancy 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 shall comply with all City Ordinances applicable to development and
permit approvals.
4. That the temporary sales office building shall be removed prior to the issuance of the
final certificate of occupancy or certificate of completion (sec. 218-4(A)) or if a building
permit for the complete construction of the main building is not issued within one year
from the date the building permit for the sales building was issue (sec. 218-4(B)).
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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 22nd day of July, 2004.
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APPROVED AS TO FORM
ANDLE L UFFICIENCY:
Moved by:
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Ylo. mdlj',Ge.ObI'V\.W
Second by:
VOTE: Lf-\
Mayor Norman Edelcup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
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yes V
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STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
I, JANE A. IDNES, 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-88 adopted by the
City Commission at its meeting held on the 22nd day of July, 2004.
Issued' ~ 2~LJJO~
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Jane A. Hines, City Clerk
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