HomeMy WebLinkAboutResolution Zoning 06-Z-105
RESOLUTION NO. 06-Z-ill
A RESOLUTION OF TilE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING TilE
ZONING APPLICATION SUBMITTED BY SUNNY ISLES RESORT
DEVELOPERS, LLLP., (TilE "APPLICANT"), (Z2006-08) FOR
TRANSFER OF DEVELOPMENT RIGHTS ("TORs"), IN THE AMOUNT
OF 51,749 SQUARE FEET OF FLOOR AREA OF TWENTY FIVE (25)
DWELLING UNITS, 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 LOR's, TO
PERMIT THE DEVELOPMENT OF "OCEAN BEACH RESORT", A 32
STORY, 103 UNIT CONDOMINIUM PRO,IECT, ON THE PROPERTY
LOCATED AT 17475 COLLINS A VENUE, SUB.lECT TO CERTAIN
CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on August 7, 2006, SUNNY ISLES RESORT DEVELOPERS, LLLP., (the
"Applicant") submitted an application to the City of Sunny Isles Beach, Florida ("the
Application") (Z2006-08), requesting the following:
I. Pursuant to Section 265-18 of the City of Sunny Isles Bcach Land Development
Regulations. thc applicant is requcsting a site approval for 32 stories, 103 unit
condominium.
2. Pursuant to Section 265-23 of the City of Sunny lslcs [leach Land Developmcnt
Regulations the applicant is rcqucsting the transfer of tifty-onc thousand seven hundred
forty-nine (51,749) square fcct and twenty-five (25) units dcvelopment rights from thc
City's Transfer of Development Rights Bank ("Bank"). (An adjustmcnt to be madc for a
decrcase of 51,749 square feet and twenty-eight (28) dwelling units li'om the City's
Transfer Development Rights Bank).
3. Pursuant to Section 265-35 (D) (8) of the City of Sunny Isles Beach Land Development
Regulations, the applicant is requesting a waiver of the Beach Acccss Eascment required
under the Land Development Regulations.
4. Pursuant to Section 265-46 (A) (4) of the City of Sunny Isles Bcach Land Development
Regulations, the applicant is requesting to permit 38% tandem parking, other than
handicapped parking (20% tandem parking permittcd).
5. The applicant is requesting a variance Ii'om Section 265-35D (4) (c) [2][b] of the City of
Sunny Isles Beach Land Dcvelopment Regulations permitting the pcdestal to be setback to
zero (0'- 0") feet on the north side (12'-0") fcet is required.
Plans are on file and may be examined in the Planning and Zoning Departmcnt entitled
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"Ocean Beach Resort", prcpared by Kobi Karp Architecture & Interior Design, consisting of
19 shccts dated stampcd 08-07-06 including "Cover Shcet" "Projcct Data Shcet" "Fire
Departmcnt Staging Diagram" "FAR Calculation Diagram" "Site Plan" "Basement Parking
Plan" "Level 100" "Level 200" "Level 300" "Level 400" "Level 500 thru 2400" "Lcvcl 2500
thru 3100" " "Level 3200" "Level 3300" "Roof Plan" "South/Wcst Elcvation" "North/East
Elevation" "Site Specifications" "Art in Public Places Detail" and plans entitled "Paving and
Drainage Plan" "Paving and Drainage Details" "Water and Scwcr Plans" "Water and Sewer
Details and General Notes" "Water Details' "Signing and Pavement Markings Bascment
Level" "Signing and Pavement Markings Ground Level" "Signing and Pavemcnt Markings
Lobby Level" prepared by Marlin Engineering, dated stamped received 08-07-06, consisting
of 8 sheets and plans entitled "Basemcnt Lcvel 100" "Basement Level 200 & 300" "Basemcnt
Parking Plan" prepared by Franyie Engineers, Inc. dated stamped receivcd 08-07-06,
consisting of 3 shects, and plans entitled "Levels 200/300 Landscape-Planting Plan" prepared
by Savino Miller Design Studio, dated stamped received 08-07-06, consisting of I sheet. and
plans entitled "Boundary Survey", prepared by Fortin, Leavy, Skiles. Inc., dated stamped
received 08-07-06, consisting of 2 sheets. Plans may be modified at public hearing.
Lcgal:
The North 100 feet of Lot 3 of'TATUM'S OCEAN PARK COMPANY'S
SUBDIVISION, lying East of the Easterly right-of-way of State Road A I A,
according to the Plat thereof, as recordcd in Plat Book 10, at Page 64, of the
Public Records of Miami-Dade County, Florida.
AnDRESS: 17475 Collins Avenue
WHEREAS, on October 17, 2006, the a Special City Commission meeting, the City
Commission deferred the Application at the request of thc Applicant to the public hearing
scheduled for November 16,2006; and
WHEREAS, on November 16. 2006. the City Commission conducted a public hearing on
the Application as modified by the Applicant; and
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 duc 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, noticc 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
rccommended conditions, and found substantial compctent evidencc to support a showing by the
Applicant that the requests for the transfer of' development rights and for site plan approval are in
compliancc with thc Land Developmcnt Regulations and the Comprchcnsivc Master Plan of the
City and maintain the basic intent and purpose of the zoning, subdivision or other land use
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regulations, which is to protect the gcneral welfare of the public, particularly as it affects the
stability and appcarance of the community; and, further, found that said requests should be
granted, subjcct to: (A) All of the conditions set forth in this Resolution (B) Thc purchase pricc
to be paid by Applicant for the TDRs's based on an appraisal to bc prcpared 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 perccnt (10%) of the approved
_purchase pricc,_(the "Ten_PercenU2eposit")inaccordance_with theTDROrdinance; and
NOW THEREFORE, BE IT RESOLVED BY TIm CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS
SUCCESSORS OR ASSIGNS, AS FOLLOWS:
H. INCORPORATION OF RECITALS.
All recitals are incorporated into the body of this Resolution as ifsamc were fully set forth herein.
III. APPROVALS.
Thc approvals set forth in this Scction 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
prepared for the City; (C) The payment to the City of a non-refundable deposit in the amount of
ten percent (10%) of thc approved purchase price, (the "Ten Percent Deposit"). within three (3)
working days of the City Commission approval of thc purchase pricc, but in no event latcr than 5
p.m. on Tuesday, November 21, 2006; and (D) the voluntary proffer to thc City of a mitigation
fec in the amount of Seven Hundred and Fifty Thousand Dollars ($750.000.00) to be used for
municipal purposes. as may bc determincd by the City Commission (thc "Voluntary Mitigation
Fee"), shall be paid to thc City of Sunny Isles Beach prior to thc issuance of the Building Permit
for the Project.
A. The Applicant's request for approval of the Property as a Receiver Sitc and for approval
of the transfcr of 25 dwelling units and 51,749 square feet of dcvelopmcnt rights li'DlIl
the City's TDR Bank to the Property, pursuant to Scction 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 expresscd purpose of Section 265-23 of Code of the City of
Sunny Isles Beach as amcnded.
B. The Applicant's request for approval of the site plan submitted for the Projcct known as
"Ocean Beach Resort" is hereby granted and said site plan is hereby approved. subjcct to
the actual transfcr of the devclopment 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 failurc of performance of any of these conditions shall be deemed a
denial of this Application.
C. The Applicant's request for approval to waive the Beach Access Eascment requircmcnt
1ll1dcr the City Codc is hereby granted.
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D. The Applicant's request for approval to permit 38% tandem parking, other than
handicapped parking (20% tandem parking permitted) is hereby granted.
E. The Applicant's request for approval of variance from Section 265-46 (D) (4) (c) [2] [b]
of the City of Sunny Isles Beach Land Development Regulations permitting the pcdestal
to be setback to zero (0' -0") feet on the north side (12' - 0') feet is hereby grantcd.
IV. CONDITIONS
Conditions to be completed before grade or building permits are issned.
I. That thc Applicant shall submit any and all other documentation and payments rcquired
by the City to effectuate the transfer of developmcnt rights and further procedures being
developed to effcctuate this program, notwithstanding thc fact that such procedures may
be formally adopted subsequent to this particular approval, prior to submitting for
building permit.
2. That upon the submittal of an application for a building permit, the plans submittcd shall
mcet with the approval of the Planning and Zoning Administrator and shall be consistent
with the modified Sitc Plan approved by the City Commission. Plans shall inelude all the
required elements of the Site Plan pursuant to the City's Land Development Regulations
and rccommendations and these conditions. Should compliance with thesc conditions
and 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 Propcrty bc dcveloped substantially in accordance with the modilicd plan for thc
November 16, 2006 public hearing. Plans are on tile and may be examined in the
Planning and Zoning Department entitled "Ocean Beach Resort", prepared by Kobi Karp
Architecture & Interior Design, consisting of 19 sheets dated stamped 08-07-06 including
"Cover Sheet" "Project Data Sheet" "Fire Department Staging Diagram" "FAR
Calculation Diagram" "Site Plan" "Basement Parking Plan" "Level I 00" "Level 200"
"Level 300" "Level 400" "Level 500 thru 2400" "Level 2500 thru 3100" "Level 3200"
"Level 3300" "Roof Plan" "South/West Elevation" "North/East Elevation" "Site
Specifications" "Art in Public Places Detail" and plans entitled "Paving and Drainage
Plan" "Paving and Drainage Dctails" "Water and Scwer Plans" "Water and Scwer Details
and General Notes" "Water Details' "Signing and Pavemcnt Markings Bascment Lcvel"
"Signing and Pavement Markings Ground Lcvel" "Signing and Pavement Markings
Lobby Level" prepared by Marlin Engineering, dated stamped receivcd 08-07-06,
consisting of 8 sheets and plans entitled "Basemcnt Level I 00" "Basement Level 200 &
300" "Basement Parking Plan" prepared by Franyie Engineers. Inc. dated stamped
rcccived 08-07-06, consisting of 3 sheets. and plans entitlcd "Levels 200/300 Landscape-
Planting Plan" prepared by Savino Miller Design Studio, datcd stamped rcceived 08-07-
06, consisting of I sheet. and plans entitled "Boundary Survcy". prepared by Fortin.
Leavy, Skiles, Inc., dated stamped received 08-07-06, consisting of 2 sheets. Plans may
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be modified at public hcaring.
(4) That a plot plan be submitted to the Planning and Zoning Administrator. landscape
Architect and Planning Consultant including their in-housc cxperts, for their rcview. The
plot plan shall include all easements proffcred by the Applicant to the City, including but
not limited to (i) a ten foot (10') landscaping streetscape easement as per the City
Streetscape Master Plan (the "Streetscape Easement"). The plot plan shall show the type
and sizc of plant materials, which shall be in compliance with the City's Strectscape
Master Plan, and other amenities. The plot plan shall show the typc and size of plant
materials, which shall be in compliancc with thc City's Strcetscape Master Plan.
(5) That the Applicant shall submit a Declaration of Restrictivc Covcnants (the
"Declaration") in rccordable form. in accordance with the provisions of Section 265-
23.7.1 (e) of the Code of the City of Sunny lslcs Beach, acceptable to the City, prior to
issuancc of a building permit. The Declaration shall proffer the landscaping Strcetscape
Easement over, across, under and through all of these easemcnts, all of which shall be
fully accessible to the public and c1carly dcsignatcd. The Declaration of Restrictivc
Covenants shall specify the proffcred casement, in perpetuity. The provision of twenty-
four (24) hour valet parking scrvices for owners and thcir guests shall be included in such
Declaration.
(6) That the Applicant submit cvidencc of purchase of the requircd 51,749 square feet and
twenty five (25) 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 mct and which shall at
the same time submit a resolution for approval of a revised Bank Statement, adjusted to
reflect the approved sitc and thc units of TDRs attributable to Sunny Isles Resort
Developers, LLC., which Bank Statemcnt shall also reflect all approved sitcs and the
units ofTDRs attributable to cach sitc.
(7) That the Applicant shall provide the City with a non-refundablc deposit in the amount of
ten percent (10%) of the approved purchase price of $6,81 0, 168 for the TDRs purchase
from thc City Bank. The total amount of the deposit is $681,017. Failure to pay the
required deposit within the three (3) working days of approval of TOR 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.
(8) That the Applicant shall prescnt 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 donc so prior to issuance of building permit, the
Applicant shall acquire the following Floor Area Ratio Bonuses:
(I) Bcach Access Trust Fund
(2) Public Beach Rccreational Enhancement
(3) Collins A vcnue Public Streetscape Enhancemcnt
0.30
0.50
0.30
$312,000
$520.000
$312,000
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(4) Sunny Isles Public Parking
0.20
$208,000
The total contribution for all Floor Area Ratio bonuscs for the developmcnt is
$1,352.000 for a total increasc in floor area ratio of 1.30 for a maximum floor area ratio
of 3.80.
(9) That the Applicant comply with all conditions and permit requirements of the
Department of Environmental Rcsource and Management (DERM). the Miami-Dade
County Fire Department (MDFD), Water ands Sewer Department, Department of
Environmental Protection (DEP), Florida Department of Transportation (FDOT).
(10) That the Applicant shall submit plans for the construction of an appropriate barrier
bctween 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 efforts to minimize vibration and noise during the construction of
thc project.
(II) That the Applicant has submittcd all documents required under this Resolution and all
impact fees. bonuses, and transfer of development right monies. if applicable and
profcssional fees in accordancc with Chapter 267 of Code of thc City of Sunny Isles
Beach.
(12) That in the event of multi pic owncrship, a master homeowner's and/or condominium
association shall be cstablished in accordance with applicable regulations to insure that
all common areas and facilities for the residents, as well as all easements dedicated to
thc 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 cxpense of the Applicant, the original of the recorded
Resolution shall be delivered to the City, and a copy of this Rcsolution and other
recorded documents shall be includcd in any condominium documents rccorded for this
project.
(13) No building permits shall be issued (except for demolition and sales trailcrs) unless thc
Applicant has submitted all documents required under this approval and shall havc paid
all impact fecs, bonuses and Transfer of Devclopment Rights. and all professional fces
(as per Chapter 267 of the Code of the City of Sunny Isles Bcach) have bccn paid.
(14) 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
havc paid the Seven Hundred and Fifty Thousand Dollar ($750,000.00) Voluntary
Mitigation Fee to the City.
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Conditions to be completed before anv Certificate of Occupancv is issued
(I) 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 Scction 267-4 of thc Codc of Sunny Isles Beach, the City Manager and lor
his/her designee in review of any application, may refer any such application prcsented to
it to such cngincering, planning, legal, technical, or cnvironmental consultant or
professional(s) employed by the City as thc Manager shall decm reasonably neccssary 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 cxisting 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
profcssionals and shall be paid within 30 days on submission of City vouchcr.
(4) Pursuant to Section 267-5 ofthc Code of Sunny Isles Beach, at the time of submission of
any application or thereafter, it is requircd that an escrow account be established, from
which withdrawals shall be made to rcimburse the City for thc cost of professional review
services, if any. Thc Applicant shall then provide funds to thc City for deposit into such
account in an amount to bc determined by the City Managcr, based on his/hcr cvaluation
of the naturc and complexity of the application. Thc 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 reduccd 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 rcplenishcd within thirty-days (30) after the
Applicant is notified, in writing, of thc requirements for such additional deposit, thc City
may suspend its review of the application. An application shall be deemed incomplcte 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 becn reimbursed to the City. Once all pertinent charges have
been paid, the City shall refund to the Applicant any funds rcmaining on dcposit.
(5) That Applicant shall furnish payment and performance bond in an amount dctermined by
the Building Ofticialto cnsure Applicant's performancc of public improvcments requircd
pursuant to site plan approval and in accordance with recommendations of thc Building
Official after review of construction plans submitted based on devclopment 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 Guidc, Property/Casualty Edition, shall be subject to the
approval of the City, and shall providc that "this bond may not bc cancellcd or allowed to
lapse until 30 days after receipt by the City, by certified mail. rcturn receipt requested, of
written notice from the issuer of thc bond of intent to canccl or not to renew". As
improvements are made the City, within its discretion, may reduce or climinate the bond
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amount. These rights reserved by the City with respect to any construction bond
established pursuant to this scction 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 Projcct 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 servicc subsequcnt 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 thc purchase, replacement and installation
of light polcs that conform to Streetscape Master Plan requirements. The Applicant shall
coordinate with the City Managcr on this issue.
(8) That no wall. fcnce, or visual obstruction of any kind shall be placed within 25 fcct of the
Collins Avenue public right of way and no such wall or fcnce shall in any way obstruct
the Beach Access Easement. No portion of the Beach Access Easemcnt 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 concretc 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 thc
Code of Sunny Isles Beach, as amended.
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. Thc Certificate of Occupancy
and Certificate of Use shall be subjcct to canccllation 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, thc site plan
shall be considered null and void and of no force and effect. Developer may request
extension in accordancc with Code Section 265-3(b) (6).
(3) That the Applicant shall comply with all City Ordinances applicable to development and
permit approvals.
(4) Failurc to pay the Tcn Pcrccnt Dcposit within thrcc days of the approval of thc purchase
price on November 16, 2006, but in no event later than 5 p.m. on Tuesday. November
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21, 2006, 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 re-file an application for development of the
Property for one year.
PASSED ancl ADOPTED this 16th day of November, 2006.
ATTI~ST:
. i
~~ i~L
Jatle A. I-lines, Q\1C, City Clerk
Moved by: V, C~ r'Y\A'-/Il~ ts~~Z.IN
Second by: (6Wl"",,\~~\I'r\lLIR'lWI4-LE.R..
VOTE: 5-0
Mayor Norman Edelcup
Vice Mayor Brczin
Commissioner Thaler
Commissioner Goodman
Commissioner Iglesias
~es
\.-'Yes
0'cs
//Yes
//Yes
no
_no
no
no
_no
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STATE 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 corrcct copy of Resolution No. 06-Z-JQ5adopted by the
City Commission at its meeting held on the II.. -f-I, day of ~o~. 2006.
Issued: Nt) V. 22 2...0010
,
rl~ ~ .~
Jane A. Hines, CMC, City Clerk
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