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HomeMy WebLinkAboutResolution Zoning 05-Z- 99 RESOLUTION NO. 05-Z---99- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY MULLY SB L.L.c. (THE "APPLICANT"), (Z2005-02) FOR A V ARlANCE FROM SECTION 265-46(A)(4) OF THE CITY OF SUNNY ISLES BEACH LAND DEVELOPMENT REGULATIONS TO ALLOW 100% OF THE REQUIRED OFF-STREET PARKING SPACES TO BE CONSTRUCTED AS TANDEM PARKING (20% TANDEM PARKING PERMITTED);TRANSFER OF DEVELOPMENT RIGHTS ("TDRs"), IN THE AMOUNT OF 2 DWELLING UNITS AND 42,368 SQUARE FEET OF FLOOR AREA, PURSUANT TO SECTION 265-23 OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR's), AND SITE PLAN APPROV AL, PURSUANT TO SECTION 265-18 OF THE LDR's, TO PERMIT THE DEVELOPMENT OF "DA VINCI", A TWENTY-SEVEN (27) STORY CONDOMINIUM TOWER CONT AINING 69 RESIDENTIAL UNITS, ON THE PROPERTY LOCATED AT 17141 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA, SUBJECT TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECIT ALS. WHEREAS, on or about August 1, 2005, Mully SB. L.L.C., a foreign limited liability company authorized to do business in Florida, (the "Applicant") submitted Application No. Z2005-02 to the City of Sunny Isles Beach, Florida ("the Application"), requesting the following: 1. A variance from Section 265-35(0) (8) of the City of Sunny Isles Beach Land Development Regulations, (the "LOR's" or the "Code") waiving the requirement to provide a Public Beach Access Easement linking Collins A venue to the oceanfront beach. 2. A variance from Section 265-46(A)(4) of the City of Sunny Isles Beach Land Development Regulations, allowing 100% of the required off-street parking spaces to be constructed as tandem parking (20% tandem parking permitted). 3. A transfer of 42,368 square feet of development rights and two (2) units, pursuant to Section 265-23 of the Code of the City of Sunny Isles Beach, as follows: An adjustment to be made for a decrease of 42.368 square feet and 25 units from the City of Sunny Isles Beach's Transferable Development Rights Bank. DaVinc Reso lV) 4. Site plan approval for a proposed residential condominium consisting of a 27-story tower containing 69 residential units, to be known as the "DaVinci" (the "Project"), pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach. LEGAL: The North 100 feet of the South 300 feet of Lot 2, Tatum's Ocean Park Subdivision, Lying east of State Road No. AlA right of way line recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida. ADDRESS: 17141 Collins Avenue, Sunny Isles Beach, Florida (the "Property" or the "Receiving Site"). WHEREAS, on November 17, 2005, after a public hearing, the City Commission continued the public hearing on the Application to the public hearing scheduled for December 8, 2005, for further staff review and so that the Applicant could meet with staff to resolve the beach access easement and parking layout concerns; and WHEREAS, on December 8, 2005, the City Commission conducted a public hearing to consider the Application as modified by the Applicant to provide beach access easements, to consider the color palette and three-dimensional model submitted by the Applicant, and to otherwise address the concerns raised at the earlier public hearing; and WHEREAS, the December 8, 2005, 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 modified 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 a Tandem Parking variance to permit 100% tandem parking where the LDR's allows a maximum of 20%, the Receiving Site approval, transfer of development rights (the "TDR's") 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 DaVinc Reso 2 JV~ WHEREAS, failure to pay the Ten Percent Deposit within three (3) working days of the approval of the purchase price on December 8, 2005, but in no event later than 5 p.m. on Tuesday, December 13, 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 265-11(g) of the 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 the appraisal accepted by the City Commission; (C) The payment to the City of a non-refundable deposit in the amount of ten percent (10%) of the approved purchase price, (the "Ten Percent Deposit") within three (3) working days of the City Commission approval of the purchase price, but in no event later than 5 p.m. on Tuesday, December 13, 2005, (D) The voluntary proffer to the City of a mitigation fee in the amount of One Million Dollars to be used for school purposes, as may be determined by the City Commission (the "Voluntary Mitigation Fee"), shall be paid to the City of Sunny Isles Beach prior to the issuance of the Building Permit for the Project;_(E) The operation of the tandem parking lifts shall be connected to a dedicated emergency generator such that in the event of a power failure the tandem parking process shall not be suspended or delayed; (F) All parking for the Project shall be by valet services only, which services shall be provided twenty-four (24) hours a day, seven (7) days per week for so long as the Project shall exist; this requirement shall be included in the recorded condominium documents for the Project; A. The Applicant's request for approval of the Property as a Receiver Site and for approval of the transfer of 2 dwelling units and 42,368 square feet of development rights from the City's TDR Bank, 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 "Da Vinci" 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, DaVinc Reso 3 JV.) 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 comDleted before below e:rade or buildine: Dermits 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 "ALTAlACSM Land Title Survey and Water, Sewer, Drainage and Paving marking plan", prepared by Fortin, Leavy, Skiles Inc, consisting of 2 sheets dated 10/15/02 and 9/9/05 and plans entitled, "Da Vinci" prepared by Kobi Karp Architecture & Interior Design, consisting of 19 sheets date stamp received 11/30/05, plans entitled "Landscape Plans", prepared by Witkins Design Group consisting of 8 sheets date stamp received 11/30/05 and lighting plans prepared by Franyie Engineers Inc. date stamp received 11/30/05. 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) a twenty-three foot (23') wide beach access easement located on the southern edge of the Property, with an elevator at each of the western and eastern entrances to the easement; (the "Primary Beach Access Easement") (ii)one beach access easement along the north property line, being no less than three feet in width, (the ''North Beach Access Easement") (collectively, the two beach access easements shall be referred to as "the Beach Access Easements" and shall be designed to coordinate with the beach access easements of the developments to the north and south of the Project) exactly as shown on the Site Plan and as represented by the Applicant and recommended by staff to the City Commission; a ten-foot (10') landscaping streetscape easement as per the City Streetscape Master Plan (the "Streetscape Easement"), and other amenities, including but not limited to one shower, one foot bath and one drinking water fountain to be located Da Vine Reso 4 N~ within the Beach Access Easements 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 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 twenty-four (24) hour, valet parking services for owners and their guests shall be included in such Declaration. The requirement that there shall be no self parking and that all parking shall be by valet services only, which services shall be provided twenty-four (24) hours a day, seven (7) days per week, for so long as the Project shall exist, for all owners, guests, employees and other persons entering the Project, for whatever reason, except for delivery vehicles using the loading docks while engaged in making deliveries to the Property, and except for persons utilizing handicapped spaces pursuant to validly issued disabled parking passes, shall be included in the Declaration and in any Condominium documents recorded on the Property. (6) The Declaration of Restrictive Covenants shall specify that the proffered Beach Access Easements shall be fully landscaped and equipped with public amenities including, but not limited to, benches and lighting and one shower, one foot bath and one drinking water fountain (the "Public Amenities"), , the location, design and construction of which 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 Easements, including the lifts located at each end of the Primary Beach Access Easement, the Landscaping Streetscape Easement, and all Public Amenities, including the shower, footwash and drinking water fountain 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 42,368 square feet and 2 units of TDRs 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 Mully SB LLC which Bank Statement shall also reflect all approved sites and the units of TDRs attributable to each site. (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 $3,959,713.30 for the TDRs purchased from the City Bank. The total amount of the deposit is $395,971. 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 of TDRs, site plan approval. DaVinc Reso 5 JV ~ (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: (1) Beach Access Trust Fund (2) Public Beach Rec. Enhancement (3) Collins Ave Streetscape (4) Sunny Isles Public Parking 0.30 FAR 0.50 FAR 0.30 FAR 0.20 FAR $ 179,130 $ 298,550 $ 179,130 $ 119,420 The total contribution for all Floor Area Ratio bonuses for the development is $776,230 for a total increase in floor area ratio of 1.3 for a maximum floor area ratio of 3.8. (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 and shall have paid the One Million Dollar Voluntary Mitigation Fee to the City. (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. The original of this Resolution shall be recorded in the Public Records of Miami-Dade County, Florida, at the expense of the Applicant, and then shall be maintained in the offices of the City Clerk of Sunny Isles Beach ,and a copy of this Resolution, after it has been recorded, and other recorded documents required by this Resolution shall be included in any condominium documents and/or master homeowners' association documents that may be recorded for this Project. DaVinc Reso 6 JV~ (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 anv Certificate of Occupancv 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 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 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 (I13) 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 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 DaVinc Reso 7 JV~ 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 A venue 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 any of the Beach Access Easements. No portion of any of the Beach Access Easements 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 Easements. Other Conditions: I. 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. DaVinc Reso 8 JV~ 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 December 8, 2005, but in no event later than 5 p.m. on Tuesday, December 13, 2005, shall result in an automatic voiding of the Commission approval of the Receiving Site, and transfer of TDR'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, THE ONE MILLION DOLLAR VOLUNT ARY MITIGATION FEE, AND TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY (IF APPLICABLE), OR OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIV ATE 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. 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 8th day of December, 2005. DaVinc Reso 9 JV~ ~ \j :~ ,,,"-_J. 4 ;" " ~'l ATl.t~tr: .~' (J ,0' . ., . ).... ....., "., .",,, ,. +. .. ,,'';'' l; " "'" " VOTE: 6-D Mayor Norman Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias DaVinc Reso CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission (,/ Moved by: C^rnm,c:::;.~lOi\)f~ ~~e2JAJ Second by: :1. c e rY\'A-~ c)'~ 1i{~cc..e Vyes ~es ~s ~: no _no no no _no 10 N ST A TE OF FLORIDA ) )ss: COUNTY OF DADE ) L 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. o5~Z'~adopted by the City Commission at its meeting held on the ~day of December, 2005. ff"'~.~ :,-~.. ;.- Issued: J d.}' <; J {j r- _ \: . "-,'; . , ~Jf It/. .. , Jane ^ H~' 'e City Clerk':, ~.....- . (,,' ~ , " . ~.- .' '" j .. DaYinc Reso II JV