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HomeMy WebLinkAboutResolution Zoning 06-Z-101 RESOLUTION NO. 06-Z---11LL A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY ST. TROPEZ II, LLC (THE "APPLICANT"), (Z2006-05) FOR A MODIFICATION OF PREVIOUSL Y APPROVED PLANS AND A VARIANCE OF SETBACK FROM THE TOWER; AND APPROVING THE TRANSFER OF DEVELOPMENT RIGHTS IN THE AMOUNT OF 17 DWELLING UNITS AND (0) SQUARE FEET, ON THE PROPERTY LOCATED AT 16690 COLLINS AVENUE, SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on May 15, 2006, St. Tropez II, LLC, a limited liability corporation (the "Applicant") submitted application No. Z2006-05 (the "Application") to the City of Sunny Isles Beach, Florida, requesting the following: I. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval of zero (0) square feet and seventeen (17) units from the City's Transfer of Development Rights Bank("Bank") (which would result in an adjustment to be made for a decrease of 32,759 sq.ft. and seventeen (17) dwelling units from the City's Transfer of Development Rights bank). 2. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan modification of plans approved under Condition #2 of Resolution No. 05-Z-95 passed and adopted by the City Commission on September 22nd, 2005, to read as follows: From: Plans are on file and may be examined in the Zoning Department entitled "St Tropez on the Bay", prepared by prepared by Kobi Karp Architecture & Inter"ior Design, consisting of 17 sheets dated received 8-01-05 and plans entitled "Boundary Survey", prepared by F0l1in, Leavy, Skiles, Inc., dated stamped received 8-01-05 and plans entitled "Paving and Drainage, Water and Sewer plans and details", consisting of 5 sheets prepared by Marlin Engineering dated 8-01-05 plans entitled "Sign and Paving Markings", consisting of 4 sheets prepared by Marlin Engineering dated revised 8-04-05 and plans entitled "Lighting and Landscape", consisting of 4 sheets, prepared by EGS2 Corp dated 8-01-05. Plans may be modified at public hearing. All conditions approved under Resolution 05-Z-91 shall remain in effect. St. Tropez II Reso. 2006 To: That the project shall be developed substantially in accordance with the plans submitted for public hearing for "St. Tropez II, LLC" and which are on file in the Zoning, Planning and Building Department entitled "St. Tropez-Phase II", prepared by Kobi Karp Architecture & Interior Design, consisting of 15 sheets dated received 5-15-06 and plans entitled "Boundary Survey", consisting of 3 sheets prepared by Fortin, Leavy, Skiles, Inc., dated stamped received 5-15-06 plans entitled "Paving and Drainage Plan Details", consisting of 2 sheets "Water and Sewer Plan Details", consisting of 4 sheets and "Signing and Pavement Markings Details", consisting of 3 sheets prepared by Marlin Engineering dated revised 5-15-06 and plans entitled "Lighting and Landscape", consisting of 6 sheets, prepared by EGS2 Corp dated 5-15-06, together with plans approved under Resolution No. 05-Z-95. The purpose of this request is to modify previous approved site plan to include additional land and one tower containing 78 dwelling units. The purpose of this request is to modify the previously approved site plan to add a fourth tower on the east end of the site, at the comer of Sunny Isles Beach Boulevard and Collins A venue. Aforementioned plans are on file and may be examined in the City's Zoning, Planning and Building Depm1ment. Plans may be modified at public hearing. 3. Variance of Section 265-37 of the City Code requiring the penthouse p0l1ion of the building to setback zero (0') feet from the tower (20 feet required). LEGAL: Lot 35 and all of Island 35, Lot 36 and Lot A of BELLA VISTA SUBDIVISION SECOND REVISED, according to the Plat thereof, recorded in Plat Book 50, at Page 76, less that pm1 of Lot A conveyed by Deed dated June 5, 1947 recorded in Deed Book 2026, Page 297, for right-of-way for State Road No. 140, and less that portion of Lot 36 and Lot A as described in Condemnation Proceeding Civil Case No. 86-02173, of the Public Records of Miami-Dade County, Florida; and Lots 29 through 34, and Islands 29 through 34 according to the Plat thereof SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION, as recorded in Plat Book 50, Page 76 of the Public Records of Miami-Dade County, ADDRESS: 16690 Collins Avenue WHEREAS, on July 20, 2006, the City Commission conducted a public hearing on the Application; and 2 St. Tropez II Reso. 2006 WHEREAS, the public hearing of the City Commission was advet1ised and held as required by law, all interested pm1ies 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 pm1ies 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 rendered reports with respect to the Application, including the recommended conditions, and the Commission heard a presentation and evidence presented by the Applicant and statements by the public and found substantial competent evidence that the requests for transfer of development rights, modification of the approved site plan and setback variance are 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. 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. A. The Applicant's request for the transfer of (17) units and zero (0) square feet of development rights from the City's Transfer of Development Rights Bank is hereby approved. B. The Applicant's request for modification of the site plan submitted for the Project known as "St. Tropez on the Bay" and approved under Condition #2 of Resolution 05-Z-95 passed and adopted by the City Commission on September 22nd, 2005 is hereby granted and the modification is hereby approved, subject to all of the conditions provided in Section IV of this Resolution and all other conditions approved under Resolution 05-Z-95. C. The Applicant's request for approval of the variance submitted in conjunction for the project known as "St. Tropez-Phase II" is hereby granted and said site plan is hereby approved, subject and to all of the conditions provided in Section IV of this Resolution and all prior conditions approved under Resolution 05-Z-95. 3 St. Tropez II Reso. 2006 IV. CONDITIONS Conditions to be completed before below l!rade or buildinl! permits are issued. 1. That plans submitted with an application for a building permit shall meet with the approval of the City's Director of Zoning, Planning and Building and shall be consistent with the specific site plan approved by the City Commission. Plans shall include two additional handicapped parking spaces, pursuant to Condition No.7 of this section. 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 Section 265-18 of the City Code, the Applicant shall be required to obtain another approval of the City Commission. 2. That the Project shall be developed substantially in accordance with the plans submitted for the July 20, 2006 public hearing for "St Tropez II, LLC, "and on file with the City's Zoning, Planning and Building Department entitled "St Tropez-Phase II", prepared by Kobi Karp Architecture & Interior Design, consisting of 15 sheets dated received 5-15-06 and plans entitled "Boundary Survey", consisting of 3 sheets prepared by Fortin, Leavy, Skiles, Inc., dated stamped received 5-15-06 plans entitled "Paving and Drainage Plan Details", consisting of 2 sheets "Water and Sewer Plan Details", consisting of 4 sheets and "Signing and Pavement Markings Details", consisting of 3 sheets prepared by Marlin Engineering dated revised 5-15-06 and plans entitled "Lighting and Landscape", consisting of 6 sheets, prepared by EGS2 Corp dated 5-15-06, together with plans approved under Resolution Number 05-Z-95. 3. That the Applicant shall assign an attendant in its valet parking operation, on a 24-hour, 7- day a week basis, to direct vehicles to pre-assigned self-parking levels within the garage whenever the valet queuing area is full. The valet queuing area consists of the drive circle and shall not extend past entry and exit access connecting to the upper parking levels. The valet parking is considered full when there is no more room for vehicles to enter the drive circle without blocking access into the drive circle. At no time shall vehicles be allowed to wait to be served by a valet parking attendant by stopping, standing or being stored in the inner lanes of the drive circle. Access to the entry and exit ramps to the upper parking levels must remain clear at all times in order to allow vehicles to self-park. 4. That the Applicant shall submit a Declaration of Restriction in recordable form, in a form and content acceptable to the City, prior to the submittal of an application for a building permit. The Declaration shall proffer pedestrian access easement to and from the bay-walk with entry points on Collins A venue and Sunny Isles Beach Boulevard. The pedestrian access easement along the bay shall have a minimum width of 7' foot. The easement agreement shall provide that the maintenance for all easement parcels proffered to the City 4 St. Tropez II Reso. 2006 shall be the responsibility of the Applicant in perpetuity. All the easements shall be fully accessible to the public and clearly designated, by means of signage approved in writing by the City Manager or his designee, as amenities open to all members of the public. The provision of 24-hour valet parking services for owners and their guests shall be included in the Declaration. The requirements set forth in Conditions No.3 regarding valet parking, No. 6 regarding the fac;:ade around the sewage pump station, No.9 regarding the installation of a safety barrier, and No. 11 regarding prohibited uses of the Collins A venue entrance shall be included in the Declaration. 5. Except as modified at a public hearing, all other conditions and plans approved under Resolution 05-Z-95 remain in effect, as well all other regulations pertaining to stm1-up and completion of development under Section 265.3 of the Code of the City of Sunny Isles Beach. 6. The Applicant shall design and construct a decorative facade around the Sewage Pump Station located on Sunny Isles Beach Boulevard (the "Fac;:ade"), subject to repayment by the City, except for the "Applicant's Monetary Contribution" as herein defined, for the Applicant's cost of the design and construction; and, further, subject to the City acquiring any and all required permits or approvals for the construction. The Applicant shall design the Facade with the same or identical architectural features that are depicted on the St. Tropez I & II project. The design plans shall be approved by the Sunny Isles Beach City Commission and the Miami-Dade County Water and Sewer Department prior to the commencement of construction. Applicant shall contribute one-third (113) of the total costs for design and construction of the fac;:ade, up to a maximum amount of Five Hundred Thousand Dollars ($500,000.00) (the "Applicant's Monetary Contribution"). The Applicant's Monetary Contribution shall be reduced by the amount of credit provided for over-payments made under the parking buy-down program. Subject to the City having obtained the requisite permits and approvals, the Applicant shall complete construction of the Facade prior to the issuance of a certificate of occupancy for the Fourth Tower under the plans approved by this Resolution. If the required permits or approvals have not been obtained at that time by the City, the certificate of occupancy may be issued, but the Applicant shall have ninety (90) days from the date the City obtains the last required approval or permit in which to commence construction and no longer than twelve (12) months to complete construction of the Facade, once commenced. If the Applicant fails to obtain a certificate of occupancy for the Fourth Tower within two (2) years from date of issuance of the certificate of occupancy for the Third Tower located within the St. Tropez I development project, the Applicant agrees to commence construction of the Facade no later than two (2) years from the date of issuance of the cet1ificate of occupancy for the Third Tower. For purposes herein, the term "certificate of occupancy" includes a temporary cet1ificate of occupancy. This condition is subject to the approval of Miami-Dade Water Sewer Department and may be modified in accordance with directions from "MDWSD". 5 St. Tropez II Reso. 2006 7. Applicant shall provide two additional handicapped parking spaces. 8. Applicant shall obtain approval from the Miami-Dade County Shoreline Committee. 9. Applicant shall design and construct, at its sole expense, a decorative safety barrier along the Baywalk to create a buffer between the water and the Baywalk. The location, design, and construction shall all be subject to the prior approval of the City Manager or designee. 10. Applicant shall work with Miami-Dade County Transit Authority system to relocate the bus stop presently located adjacent to the Collins A venue entrance, to avoid interference with the "drop off point" for the Project. 11. The Collins Avenue entrance to the Project shall be used as a "drop off point" and for emergency vehicles only. It shall never be used for valet parking, as a loading zone, nor as a primary entrance. 12. Applicant shall meet with the City and Florida Department of Transp0l1ation ("FDOT") in an effo11 to coordinate improvements to Sunny Isles Beach Boulevard, including but not limited to using its contractors to perform the work in anticipation of reimbursement from the City or FDOT to avoid unnecessary delay and duplication of work. 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 IMPACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY (IF APPLICABLE), OR OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HAVE BEEN PAID AND THE PROFESSIONAL FEES REQUIRED UNDER 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. 6 St. Tropez [I Reso. 2006 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 20th day of July, 2006. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission ,./ , " . :. \..."'1 . ." r \~: ~', r , , .0( " " h,.. ~ ~tfEST: 1 '\ . ~.. " A f'! . ~',,'~ 0~ ,.:.~ 'lane A. Hines" CMC, City Clerk APPROVJED AS TO FORM A FICIENCY: Moved by: c'oY)O\V't\\s$"\olUe.e -:IGl-~$IA-S"" Second by: C\W\VY\\SS\Dl\lti'2, \ll~ VOTE: 5-0 Mayor Norman Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler Vyes !/yes Vyes Vyes --lL.yes no _no no no no 7 St. Tropez II Reso, 2006 STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, JANE A. HINES. CMC, 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, D&/Z: /OJ adopted by the City Commission at its meeting held on the 'Z~ day of -J u ,-y ,2006. Issued: ~ v. \ ~ 31) 200~ ".' ) .' (:.,:,,'-, 1 ,\ ( , , ' -...~.: .. I-_----J. Jane A. H.il,es, 'C fe, . ; ),. ..... City ClerK".',., _ '. ' . '.' . . -, .....: . )'.' , . ~ . : '.:' 8 St. Tropez II ResQ, 2006