HomeMy WebLinkAboutResolution Zoning 05-Z- 98
RESOLUTION NO. 05-Z-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE
ZONING APPLICATION SUBMITTED BY MANSIANA OCEAN
RESIDENCES LLC. (THE "APPLICANT"), (Z2005-06) FOR TRANSFER
OF DEVELOPMENT RIGHTS ("TDRs"), IN THE AMOUNT OF 31
DWELLING UNITS AND 68,694 SQUARE FEET OF FLOOR AREA,
PURSUANT TO SECTION 265-23 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS (LDR's), AND SITE PLAN
APPROVAL, PURSUANT TO SECTION 265-18 OF THE LDR's, TO
PERMIT THE DEVELOPMENT OF A FIFTY (51) STORY
CONDOMINIUM TOWER CONTAINING 134 RESIDENTIAL UNITS
AND 140 HOTEL UNITS ON THE PROPERTY LOCATED AT 15701
COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA, SUBJECT TO
CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on or about September 19,2005, Mansiana Ocean Residences LLC., a Florida
Limited Liability Company (the "Applicant") submitted Application No. Z2005-06 to the City of
Sunny Isles Beach, Florida ("the Application"), requesting the following:
1. Pursuant to Section 265-23 of the Code of the City of Sunny Isles Beach, the applicant is
requesting a transfer of 68,694 square feet of development rights and 31 units as follows:
a. An adjustment to be made for a decrease of 63,820 square feet and 37 units from
the City's Transferable Development Rights Bank and 4,874 square feet and 3 units from
Porto Bellagio Strip Bank
2. Pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach, the applicant is
requesting a site plan approval for a proposed 51 stories in height condominium tower,
containing 134 residential units, and the hotel portion contains 140 hotel rooms,
LEGAL:
Lots 78 and the North ~ of Lot 77, Tatum's Ocean Beach Park Subdivision
recorded in PB 5 PG 35 of the Public Records of Miami- Dade County, lying
East of the easterly boundary of State Road AlA (alk/a Collins Avenue), Sunny
Isles Beach, Florida.
ADDRESS: 15701 Collins Avenue, Sunny Isles Beach, Florida (the "Property" or the
"Receiving Site").
WHEREAS, on November 17,2005, the City Commission conducted a public hearing on
the Application as modified by the Applicant to eliminate the need for a variance and otherwise
address the concerns raised at the earlier public hearing; and
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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
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 Receiving Site approval, transfer of development rights and
site plan approval are, subject to all of the conditions set forth in this Resolution, 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; and, further, found that said requests should be granted, subject
to: (A) All of the conditions set forth in this Resolution (B) The purchase price to be paid by
Applicant for the TDR's based on an appraisal to be prepared for the City; (C) The payment to
the City, within three (3 ) working days of the City Commission approval of the purchase price,
of a non refundable deposit in the amount of ten percent (10%) of the approved purchase price,
(the "Ten Percent Deposit") in accordance with the TDR Ordinance; and
WHEREAS, failure to pay the Ten Percent Deposit within three (3) working days of the
approval of the purchase price on November 17, 2005, but in no event later than 5 p.m. on
Tuesday, November 22, 2005, shall result in an automatic voiding of the Commission approval
of the Receiving Site, transfer of TDR's, and site plan approval, pursuant to Section 265-
23.5(b)(2) of the TDR Ordinance, each element of the Application shall be deemed denied, and
Applicant shall not be permitted to refile an application for development of the Property for one
year, pursuant to Section 265-1 I (g)ofthe LDR's.
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 approvals set forth in this Section III are subject to (A) All of the conditions set forth in this
Resolution; (B) The purchase price to be paid by Applicant for the TDR's based on an appraisal
to be prepared for the City; (C) The payment to the City of a non-refundable deposit in the
amount often percent (10%) of the approved purchase price, (the "Ten Percent Deposit"). within
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three (3) working days of the City Commission approval of the purchase price, but in no event
later than 5 p.m. on Tuesday, November 22, 2005,
A. The Applicant's request for approval of the Property as a Receiver Site and for approval
of the transfer of 28 dwelling units and 63,820 square feet of development rights from
the City's TDR Bank and 4,874 square feet and 3 units from the Bellagio Strip Bank to
the Property for a total transfer of 68694 square feet and 31 units, pursuant to Section
265-23 of the LDR's, is hereby conditionally granted, and, subject to all of the 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 amended.
B. The Applicant's request for approval of the site plan submitted for the Project known as
"Mansi ana Ocean Residences" 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 this Resolution, including but not limited to those conditions set forth in Section
IV of this Resolution. The failure of performance of any of these conditions shall be
deemed a denial of this Application.
IV. CONDITIONS
Conditions to be completed before below 2rade or buildin2 permits are issued.
(1) 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) 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.
(3) That the Project shall be developed substantially in accordance with the plan submitted
for public hearing for "Mansiana Ocean Residences LLC.", prepared by Architectonica,
consisting of Tabular Data Sheet Site Plan, Floor Plans, Elevations, Landscaping, and
Photometric consisting of 14 sheets dated signed and sealed 10-19-05, and Plans entitled
"Civil, Parking Marking, Paving and Drainage, Sanitary", prepared by Fortin Leavy and
Skiles Inc dated stamped 9/19/05 consisting of 2 sheets and plans entitled "Boundary
Survey", prepared by Mario Prats Jr. & Associates, Inc. dated stamped received 9-19-05
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consisting of 1 sheets, are on file and may be examined in the Zoning Department. Plans
may be modified at public hearing.
(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) beach access easements 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 shall 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 issuance of a building permit. The Declaration shall
proffer the Beach Access Easements, 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 of Restrictive Covenants shall specify that the proffered Beach Access
Easement and the Oceanfront Park shall be fully landscaped and equipped with public
amenities provided a the sole expense of the Applicant and which shall include, but not
be limited to, benches, lighting, and, on the beach Access Easement, one drinking water
fountain, one shower, and one footwash facility ( the "Public Amenities"), subject to the
approval of the City Manager. The Declaration shall specify that the design and
construction of all of the Public Amenities shall be subject to the approval of the City
Manager. The Applicant shall maintain all of the easement parcels, including but not
limited to the Beach Access Easement, Streetscape Easement, and Oceanfront Park, and
all Public Amenities included within the easements, in perpetuity, to a standard
reasonably acceptable to the City Manager.
(7) That the applicant submit evidence of purchase of the required 68,694 square feet and 31
units ofTDRs 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 TDRs attributable to Mansiana Ocean Residences which Bank Statement
shall also reflect all approved sites and the units ofTDRs attributable to each site.
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(8) That the Applicant shall provide the City with a non-refundable deposit in the amount of
ten percent (10%) of the approved purchased price of $5,156,017.80 for the TDRs
purchased from the City Bank, The total amount of the deposit is $515,601. Failure to
pay the required deposit within the three (3) working days of approval of TDR
application and site plan application shall result in an automatic voiding of the City
Commission approval of the Receiving Site, transfer ofTDRs, site plan approval.
(9) 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:
(I) Beach Access 0.10 FAR $ -0-
(2) Beach Access Trust Fund 0.20 FAR $ 183,400
(3) Public Beach Rec. Enhancement 0.50 FAR $ 458,500
(4) Collins Ave Streetscape 0.30 FAR $ 275,100
(5) Sunny Isles Public Parking 0.20 FAR $ 183,400
(6) Public Oceanfront Park 0.20 FAR -0-
The total contribution for all Floor Area Ratio bonuses for the development is
$1,100,400 for a total increase in floor area ratio of 1.5 for a maximum floor area ratio
of4.0.
(10) That the applicant comply with all conditions and permit 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).
(11) 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 comply with Chapter 135 and Chapter 193 of the
Code of the City of Sunny Isles Beach relating to the construction site operations. The
Applicant will use its best efforts to minimize vibration and noise during the construction
of the Project.
(12) 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 Chapter 267 of Code of the City of Sunny Isles Beach.
(13) That in the event of multiple ownership, a master homeowners' and/or 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, the original of the recorded
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IV .])
Resolution shall be 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. '
(14) No building permits shall be issued (except for demolition and sales trailers) unless the
applicant has submitted all documents required under this approval and shall have paid
all impact fees, bonuses and Transfer of Development Rights, and all professional fees
(as per Chapter 267 of the Code of Sunny Isles Beach) have been paid,
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
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)Pursuant to Section 267-4 of the Code of Sunny Isles Beach, the City Manager and lor
his/her 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 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 within 30 days on submission of City voucher.
(4) Pursuant to Section 267-5 of the Code of Sunny Isles Beach, 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.
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(5) That Applicant shall furnish payment and performance bond in an amount 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, 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.
(6) 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.
(7) That under grounding of utilities shall be accomplished as mandated by Section 250-09
through 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 Avenue Streetscape contribution
provided in 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.
(8) 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. Temporary
fences shall abide by Section 265-58 of the Code.
(9) 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.
(10) That the applicant complies with Chapter 104 (Art in Public Places) of the Code of the
Code of Sunny Isles Beach, as amended.
(11) Applicant shall provide one shower, one drinking water fountain, and one footwash
facility on the Beach Access Easement.
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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 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. Developer may request extension in
accordance with Code Section 265-3(b) (6).
3. That the Applicant shall comply with all City Ordinances applicable to development and
permit approvals.
4. Failure to pay the Ten Percent Deposit within three days of the approval of the purchase price
on November 17, 2005, but in no event later than 5 p.m. on Tuesday, November 22,2005,
shall result in an automatic voiding of the Commission approval of the Receiving Site, and
transfer ofTDR's, site plan pursuant to Section 265-23.5(b)(2) of the TDR Ordinance, each
element of the Application shall be deemed denied, and Applicant shall not be permitted to
refile an application for development of the Property for one year.
NO BUILDING 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
IMP ACT 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 TRANSFERRED; PROFESSIONAL FEES PURSUANT
TO SECTION 267 OF CODE OF THE CITY OF SUNNY ISLES BEACH AND ALL
OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND
DEVELOPMENT REGULATIONS.
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 WITHIN 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.
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V. SEVERABILITY AND EFFECTIVE DATE.
I. 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 November, 2005.
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CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
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Moved by:
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Ct)}'W\W\\ ~~\O~~>> ~'CSlas
Second by:
VOTE: 5-D
Mayor Norman Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
v-Yes
~es
vyes
-0es
-0es
no
_no
no
no
no
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ST A TE 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. o~-2-9idopted by the
City Commission at its meeting held on the 17th day of November, 2005.
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Issued: ~
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