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HomeMy WebLinkAboutResolution Zoning 06-Z-106 RESOLUTION NO. 06-Z- lOt.. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY JERRY'S FAMOUS DELI, INC., (THE "APPLICANT"), (Z2006-06), SITE PLAN APPROVAL, PURSUANT TO SECTION 265-18 OF THE LDR's, TO PERMIT THE DEVELOPMENT OF FIFTEEN-STORY CONDOMINIUM TOWERS WITH A TOTAL OF 243- RESIDENTIAL UNITS, AND FOR THE TRANSFER OF DEVELOPMENT RIGHTS ("TDRs") IN THE AMOUNT OF 101,640 SQUARE FEET OF FLOOR AREA AND 56 DWELLING UNITS OF FLOOR AREA, PURSUANT TO SECTION 265-23 OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDR's), ON THE PROPERTY LOCATED AT 17150-17190 COLLINS AVENUE, SUBJECT TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on December 14,2006, JERRY'S FAMOUS DELI, INC., (the "Applicant") submitted Application No. Z2006-06 to the City of Sunny Isles Beach, Florida ("the Application"), requesting the following: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting a site plan approval for a 15-story mixed-use development project, consisting of 243 dwelling units, 77,400 square feet of office and 20,500 square feet of retail. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a transfer of 10 I ,640 square feet and 56 units of development rights. An adjustment shall be made for a decrease of 10 I ,640 square feet and 56 units from the Tract "B" Porto Bellagio Bank. 3. The Applicant is requesting a variance from the requirements of Code Section 265- 37F(4)(b) of the Land Development Regulations "Summary Chart B Town Center Sub- District: Building Massing by Street-Type", to reduce the setback requirements from the tower to pedestal and the penthouse to the tower. Rascal Plaza Legal: That portion of the North I 00 feet of the South 300 feet of Lot 2 of TATUM'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida, lying West of the Westerly right-of-way line of Florida State Road AlA, described as follows: Begin at the intersection of the North line of the North 100 feet of the South 300 feet of Lot 2 of TATUM'S SUBDIVISION, according to the Epicure Reso Z2006-06 Page I of II Pial thereoC as recorded in Plat Book 10, at Page 64, of the Public Records of Miami-Dade County, Florida, with the Westerly line of Florida State Road A I A as shown by Plat recorded in Plat Book 47, at Page 101, of the Public Records of Miami-Dade County, Florida, said point being the Southeasterly corner of Lot I of thc subdivision of SOUTH SHORES ESTATES as recorded in Plat Book 52, at Page 69, of the Public Records of Miami-Dade County. Florida; thence West along the North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATUM'S SUBDIVISION for a distance of 402.15 fcct to the S.W. corner of Lot 3 of Said SOUTH SHORE ESTATES subdivision; thence South along the prolongation South of the Line dividing Lots 3 and 4 of said SOUTH SHORE ESTATES subdivision for a distance of 100 fcet to a point on the South Line of the North 100 feet of the South line of the North 100 feet of thc South 300 fect of Lot 2 of said TATUM'S SUBDIVISION; thencc East along the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S SUBDIVISION, for a distance of 392.28 fect to a point on thc Westerly right-of~way line of the aforesaid Florida State Road A I A; thencc Northeastcrly along the Westerly right-of-way a distance of 100.48 feet to thc Point of Beginning of the parccl of land herein describcd. Rascal House Legal: Lots I. 2, 3. 4 and 5, of SOUTH SHORE ESTATES, according to the Plat thercof. as rccorded in Plat Book 52, Page 69, of the Public Records of Miami-Dade County. Florida; And That portion of the North 100 feet of the South 300 feet of Lot 2, of TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dadc County, Florida. lying West of the Westerly right-ot~way line of Florida State Road A I A, more particularly described as follows: Beginning atthc intersection of the North line of the North 100 feet of the South 300 feet of Lot 2, of TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records of Miami-Dade County, Florida, with thc Westerly right-of-way line of Florida State Road A I A, as shown by Plat recorded in Plat Book 47, Page ]01, of the Public Records of Miami-Dade County, Florida, said point being the Southeasterly corner of Lot I, of the subdivision of SOUTH SHORE ESTATES, as recorded in Plat Book 52. Page 69, of the Public Records of Miami-Dade County, Florida; thence Wcst along the North Line of the North 100 feet of the South 300 fect of Lot 2, of the aforesaid T A TUM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distance of 402.15 feet to the Southwest corner of Lot 3 of said SOUTH SHORE ESTATES SUBD]VISION, which point is the Point of Beginning: thence continue Epicure Rcso 1.2006-06 P<lgc 2 or 11 West along North line of the North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATUM'S OCEAN PARK COMPANY'S SUBDIVISION. for a distance of 200 feet to a point. which point is the Southwest corner of Lot 5 of said SOUTH SHORE ESTATES SUBDIVISION; thence South along thc prolongation South of the line diving Lots 5 and 6 of said SOUTH SHORE EST A TES SUBDIVISION for a distance of 100 feet to a point on the South line of the North 100 feet of the South 300 feet of Lot 2 of said TATUM'S OCEAN PARK COMPANY'S SUBDIVISION; thence East along the South line of the North 100 fect of the South 300 fcet of Lot 2 of said TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, for a distancc of 200 feet to a point, which point is 392.28 fect West of the Westerly right-of-way of thc aforesaid Florida State Road A I A; thencc North along the prolongation South of the line diving Lots 3 and 4 of said SOUTH SHORE ESTATES SUBDIVISION, for a distance of 100 fcct to thc Point of Beginning of the parcel of land herein described, which point is the Southwest corner of Lot 3 of said SOUTH SHORE ESTATES SUBDIVISION. Sizc of Propcrty: 3.11 acres Address: 17150-17190 Collins Avcnue WHEREAS, on Dccember 14,2006, the City Commission conducted a public hearing on the Application; and WHEREAS, thc public hearing of the City Commission was advertiscd and held as required by law, all intcrested parties concerned in thc mattcr were heard. and duc and proper consideration was given to the matter and to thc positive recommcndation contained in the joint memorandum from thc 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 rcnder reports with respect to the Application, including the recommendcd conditions, and found substantial competent evidencc to support a showing by the Applicant that the requests for thc transfcr of development rights and for site plan approval are in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintain the basic intent and purpose of thc zoning, subdi vision or other land use rcgulations, which is to protect the general welfare of the public, particularly as it affects thc stability and appearance of the community. Epicure Rcso 12006-06 Page J of II NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 01<' 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 fOlih in this Section III are subject to (A) All of the conditions set forth in this Resolution; and (B) the voluntary proffer to the City of a mitigation fee in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00) to be used for drainage and related improvements for 172"d Street (the "Voluntary Mitigation Fee"), which shall be paid to the City of Sunny Isles Beach prior to the issuance of the Building Permit for the project. A. The Applicant's request for approval of the Property as a Receiver Site and for approval of the transfer of 101,640 square feet and 56 dwelling units of development rights from the Tract "B" Porto Bellagio TDR Sub bank of Jerry's Famous Deli, Inc. to the property, pursuant to Section 265-23 of the LDR's, is hereby 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 "Epicure" is hereby granted and said site plan is hereby approved, subject to the actual transfer of the developmcnt rights, and to all of the conditions provided in 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 decmed a denial of this Application. C. The Applicant's request for approval of a variance from the requirements of Code Section 265-37F(4)(b) of the Land Development Regulations "Summary Chart B Town Center Sub- District: Building Massing by Street-Type", to reduce the setback requirements from the tower to pedestal and the penthouse to the tower, is hereby approved. IV. CONDITIONS. Conditions to be completed before below grade 01' building uermits are issued. (I) The Applicant shall submit any and other documentation and payments required by the City to effectuate the transfer of development rights and further procedures being developed to effectuate this program, not withstanding the fact that such procedures may be formally adopted subsequent to this particular approval, prior to submitting for building permit. Epicure Reso Z2006-06 Page40fll (2) That upon the submittal of an application for 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 and conditions. Should compliance with the conditions and recommendations result in a change that would not be considered "minor" in accordance with Section 265-18(1), 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 plans submitted for the December 14, 2006 public hearing for the plans that are on file and may be examined in the Planning and Zoning Department entitled "Epicure", prepared by Martin A.D. Yabor & Assoc., Inc. Architects Planners Interior Design, consisting of 28 sheets dated stamped revised 11-16-06 and plans entitled "Sketch of Survey", consisting on 3 sheets prepared by Schwelke-Siskin & Associates, Inc., dated stamped 11-04-06 and plans entitled "Pavement Marking Plan" "Prcliminary Civil Engineering Design Plan", consisting of 4 sheets prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated stamped revised 11-09-06, plans entitled "Planting Plan First Level Quadrant A" "Planting Plan First Level Quadrant B" "Planting Plan Fifth Level" "Planting Plan Amenities Level" "Planting Notes & Details" "Hardscape Plan First Level Quadrant A" "Hardscape Plan First Level Quadrant B", consisting of 7 sheets prepared by Witkin Design Group Landscape Architecture and Planning datcd stamped revised 11-10-06. 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 a ten foot (10') landscaping streetscape and pedestrian easement in accordance with the City Streetscape Master Plan (the "Streetscape Easement"). 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 (thc "Declaration") in recordable form, in accordance with the Code of the City of Sunny Isles Beach, acceptable to the City, prior to the issuance of a building permit. The Declaration shall proffer the Streetscape Easement over, across, under and through the easement. The Declaration of Restrictive Covenants shall specify the use of the proffered easement and establish that the easement shall be placed in perpetuity. (6) That the Applicant shall submit evidence of purchase of the required 101,640 square feet and 56 units of TDRs for the approval of the City Administration, which shall then, in accordance with Section 265-23 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 Epicure Reso Z2006-06 Page 5 of 11 and the units of TDRs attributable to Epicure, which Bank Statement shall also reflect all approved sites and the units ofTDRs attributable to each site. (7) That the Applicant comply with all conditions and permit requirements of the Depmiment of Environmental Resource and Management (DERM), the Miami-Dade County Fire Department (MDFD), Water and Sewer Department (W ASD), Department of Environmental Protection (DEP), and Florida Department of Transportation (FDOT). (8) That all overhead utilities adjacent to thc 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. (9) That the Applicant shall submit plans for the construction of an appropriate barrier between the construction site and adjoining properties in order to minimized the impact of thc construction site. The Applicant will comply with Chapters 135 and 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 the project. (10) That the Applicant has submitted all documents rcquircd 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 the Code of the City of Sunny Isles Beach. (II) That in the event of multiple ownership, a master homeowner's and/or condominium association shall be established in accordance with applicable regulations to insurc 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 Resolution shall be delivered to thc City, and a copy of this Resolution and other recorded documents shall be included in any condominium documents recorded for this project. (12) 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 the City of Sunny Isles Beach) have been paid. (13) That the Applicant shall submit a queuing analysis of the circular loop on Innd Street to evaluate whether sufficient storage is provided on-site to accommodate the demand. (14) That the Applicant has agreed to address or resolve all of the City's traffic engineering comments reflected in a memorandum dated December 4, 2006, from the City's traffic consultant. Epicure Reso Z2006.06 Page 6 of II (15) That the Applicant shall provide no less than six (6) additional handicap parking spaces if more cannot be provided. (16) That the Applicant shall submit a revised landscaping plan to significantly enhance the landscaping along its property line on Collins A venue and 172"d Street. Applicant's revised plan shall be approved by the City Manager or dcsignee. (17) That the Applicant shall provide to the City, prior to the issuance of the building permit, the Voluntary Mitigation Fee in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) to be used for drainage and related improvements for 172"d Street. (18) That Applicant shall submit for approval to the City Manager or designec the color pallet for the exterior of the building and the entire color scheme of the building. (19) That thc Applicant shall revise the handicap parking space detail reflccted in the Pavement Marking Plan-Sheet-I to adhere to FDOT Index 17346. The Chevron handicap markings within the aisle shall bc white and six (6) inches wide. A minimum of three (3) Chevrons shall be located within the aisle. angled upward to thc right, and shall be evenly spaced within the aisle. Thc handicap parking spacc pavement markings shall include six (6) inch wide longitudinal blue pavement marking and a six (6) inch wide white pavement marking scparated by a two (2) inch gap. (20) That the Applicant agrees to providc north arrows on all plan sheets. The Applicant further agrees to revise the solid double yellow centerline pavement markings in the garage to ensure that the markings arc six (6) inches wide. (21) That the Applicant agrees to revise the edgc lines delineating standard parking spaccs in the garage to ensurc that the edge lines are solid white and six (6) inches wide. The Applicant further agrees to include in thc construction documents pavement marking details of all proposed pavcment marking arrows in accordancc with FDOT Index 17346. Conditions to be eOIllPlctcd before any Ccrtifieate of Occupancy is issued (I) That thc Applicant demonstratcs that it is in compliance with all terms and conditions undcr this approval. (2) Applicant shall pay all fees relatcd to the revicw 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, thc 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/hcr to review such application as required by law. Chargcs 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 Epicure Reso Z2006-06 P<lgc 7 or 11 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 thcn 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 thitty-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 pertuit 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 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 rcceipt 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 Streets cape 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. Epicure Reso Z2006-06 Page 8 or II (8) 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. (9) That the applicant complies with Chapter 104 (Art in Public Places) of the Code of the 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. 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. 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 PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HAVE BEEN TRANSFERRED PROFESSIONAL FEES 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. FAILunE 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 (S) 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. Epicure Reso Z2Q06-06 Page 90fll 2. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 14th day of December, 2006. ATTEST: By: ~~ A:~ Jane A. Hines, CMC, City Clerk VOTE: <<5-0 Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias Vyes ...ILYes ..0es [,/yes -tLyes Epicure Rcso Z2006-06 Moved by: 'it 01 W\~o v lH~8e... ~vy\""""~:i\/)^)'1Ae. g~2J1\l Second by: no _no no no _no Page 10 of 11 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. O(.-Z-/o' adopted by the City Commission at its meeting held on the ~day of ~~ ,2006. Issued: t2J'2.2-/b~ I . ~A~ Jane A. Hines, CMC, City Clerk Epicure Rcso Z2006-06 Page II of II