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HomeMy WebLinkAboutResolution Zoning 05-Z- 90 RESOLUTION NO. 05-Z-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING, WITH CONDITIONS, ZONING APPLICATION NO. Z 2004 - 11 SUBMITTED BY TRG SUNNY ISLES VII, LTD FOR A MODIFICATION OF PLANS APPROVED UNDER RESOLUTION NO. 04-Z-86 IN ORDER TO PERMIT THE EXPANSION OF A TEMPORARY SALES OFFICE, TO BE LOCATED AT 15800 COLLINS AVENUE, BY ONE ADDITIONAL SALES TRAILER; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS WHEREAS, TRG Sunny Isles VII, Ltd., a Florida limited partnership, (the "Applicant") submitted Application No. Z2004-11 to the City of Sunny Isles Beach, Florida, requesting the following: 1. A modification, pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach, of Condition IV (A)(2) of Resolution No, 04-Z-86 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 1 ih of June 2004, which provides that: Plans are on file and may be examined in the Zoning Department entitled "Dezer South Sales Trailer", prepared by Pacetti Architects, consisting of3 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 Trailer Landscape Plan", prepared by EGS2 Corp dated 05-14- 04. To reflect the substitution of revised plans [thus allowing for the expansion of the temporary sales office to be located at 15800 Collins Avenue by the addition of one sales trailer to those already approved], by deleting the above language and substituting the following paragraph: Plans entitled "Dezer South Sales Trailer", prepared by Pacetti Architects, consisting of 11 sheets dated stamped received 11-16-04 and plans entitled "Dezer South Sales Trailer Paving and Drainage Plans", prepared by Fortin, Leavy, Skiles, Inc., consisting of 3 sheets dated signed 11-18-04 and plans entitled "Dezer South Sales Trailer Landscape Plan", prepared by EGS2 Corp dated 11-22-04, are on file and may be examined in the Zoning Department. R05-Z-90 Dezer Sales Trailer TRG Z2004-11 Page 1 of 7 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 Avenue 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 corner 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 corner 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 corner of said Lot 17, said point and corner 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-I-A for a distance of 44.36 feet to the point of beginning, Location: 15800 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 due and proper consideration having been 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, and 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 ofthe community. R05-Z-90 Dezer Sales Trailer TRG Z2004-11 Page 2 of 7 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 Application No. Z2004-11, submitted by TRG Sunny Isles VII, Ltd., requesting a modification of Condition IV (A) (2) of Resolution No. 04-Z-86, pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach, to allow the expansion of the temporary sales office to be located at 15800 Collins Avenue by the addition of one sales trailer to those already approved, is hereby approved, with conditions, as follows: 1. APPROVED: Condition IV (A) (2) of Resolution No. 04-Z-86, passed and adopted by the City Commission of the City of Sunny Isles Beach on the 17th of June 2004, is hereby modified to read as follows: That plans entitled "Dezer South Sales Trailer", prepared by Pacetti Architects, consisting of 11 sheets dated stamped received 11-16-04 and plans entitled "Dezer South Sales Trailer Paving and Drainage Plans", prepared by Fortin, Leavy, Skiles, Inc" consisting of 3 sheets dated signed 11-18-04 and plans entitled "Dezer South Sales Trailer Landscape Plan", prepared by EGS2 Corp dated 11-22-04 are on file and may be examined in the Zoning Department, and may be modified at public hearing; provided, however, that all plans and conditions approved under Resolution 04-Z-86 remain in effect except as specifically modified in this Resolution, and, further, subject to the following conditions: 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 plans entitled "Dezer South Sales Trailer", prepared by Pacetti Architects, consisting of 11 sheets dated stamped received 11-16-04 and plans entitled "Dezer South Sales Trailer Paving and Drainage Plans", prepared by Fortin, Leavy, Skiles, Inc., consisting of 3 sheets dated signed 11-18-04 and plans entitled "Dezer South Sales Trailer Landscape Plan", prepared by EGS2 Corp dated 11-22-04. are on file and may be examined in the Zoning Department, and may be modified at public hearing; provided, R05-Z-90 Dezer Sales Trailer TRG Z2004-11 Page 3 of7 however, that-all plans and conditions approved under Resolution 04-Z-86 remain in effect except as specifically modified by this Resolution. 2. 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. 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 10-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 (FDOT) for the curb cut onto Collins Avenue. B. Conditions to be completed before any Certificate of Occupancy is issued. 1. That the Applicant demonstrates that it is in compliance with all terms and conditions of this Resolution and of Resolution No. 04 Z 86. 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 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 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. R05-Z-90 Dezer Sales Trailer TRG Z2004-11 Page 4 of 7 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 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 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 and in Resolution No, 04-Z-86. 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 of this Resolution or of Resolution No.04-Z-86. 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, R05-Z-90 Dezer Sales Trailer TRG Z2004-11 Page 5 of 7 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. 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 10th day of March, 2005. .. ~, " ~ ..,. \~.. ;;;~. ~..:' ~ /"', <:0., , ,:"",'" \ t... ',41 /,,' ,ATTEST:' " ", ...., t .- /-' ," -';';"" '" . J..-" ".........'" ..~~ ;;~~rtL.~. , \ J~eA.\ Hine~r .ciW Clerk " -.. .J' ~ f' "" .~:)., r,",.,/~,....../. 'APPaovED AS TO FORM AND LEGAL SUFFICIENCY: E Moved by: ~",^~\'S~\l\1.)~ GOObm)/\^J Seconded by: CbW\W'\\~~' b~~t< t)~~2\ N VOTE: 5-D Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias yes V no yes V no yes~ no yes v no yes V no R05-Z-90 Dezer Sales Trailer TRG Z2004-ll Page 6 of 7 STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-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. 05-Z-90 adopted by the City Commission at its meeting held on the ~ay of MilA e.h.; 2005. ,'J' ~ '" Issued: "/11/05 G~ A~~' Jane A. Hines ,:" , City Clerk " R05-Z-90 Dezer Sales Trailer TRG Z2004-11 Page 7 of7