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HomeMy WebLinkAboutResolution Zoning 06-Z-100 RESOLUTION NO. 06-Z-Loo A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY SUNNY ISLES DEVELOPMENT COMPANY LLC., (TIlE "APPLICANT"), (Z2005-11) FOR A MODIFICATION OF PREVIOUSLY APPROVED PLANS AND A VARIANCE OF SETBACK, ON THE PROPERTY LOCATED AT 16901 COLLINS A VENUE, SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, ON DECEMBER 22, 2005, SUNNY ISLES DEVELOPMENT COMP ANY LLC. (the "Applicant") submitted Application No. Z2005-11 to the City of Sunny Isles Beach, Florida nhe Application"), rcquesting the following: I. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations the Applicant is requesting a variance from the requirements reduce the front setback of the tower from 75 feet 57 feet and the porte-cochere front setback from 50 feet to 35 feet 6 inches. 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 #3 of Resolution No. 04-Z-85 passed and adopted by the City Commission on June 17, 2004 reading as follows: From: Plans are on file and may be examined in the Zoning Department entitled "SEA", prepared by The Seiger Suarez Architectural Partnership consisting of 26 sheets dated 2- 16-04 and 5 sheets dated revised 3-10-04, sheet C-O I dated 10-31-03, sheet PH I dated 3- 11-03, for a total of 33 sheets. Plans may be modified at public hearing. To: That the project shall be developed substantially in accordance with the plan submitted for public hearing for "Sunny Isles Development Company LLC" and are on file with the City Zoning Department entitled "Paramount Beach", prepared by Fullerton Diaz Architects Inc., consisting of 24 sheets dated stamped receive 3-03-06. Plans may be modified at public hearing. All conditions approved under Resolution 04- Z-85 shall remain in affect. The purpose of this request is to modify the previously approve plans to comply with the requirements of the Florida Department of Environmental Protection (DEI') regarding setback from the erosion control line. R06-Z- Paramount Beach LEGAL: Parccl I All that part of the North 100 feet of the South 300 feet of Lot I, ofT A TUM'S OCEAN PARK SUBDIVISION, according to the plat thercof~ as recorded in Plat Book 10 at Pagc 64 of the Public Records of Miami-Dade County, Florida, extending from thc Erosion Control Line of the Atlantic Occan, said line recorded in Plat Book 134 at Pagc 47 of the Public Records of Miami. Dadc County, Florida, to the East right of way of State Road A-I-A (formerly State Road 140), as said road is shown on a Plat thcreof, rccordcd in Plat Book 47 at Page 10], of the Public Records ofMiami-Dadc County, Florida. Parcel 2 All that part of the North 100 feet of the South 200 fect of Lot I, ofTA TUM'S OCEAN PARK SUBDIVISION, according to the plat thereof, as recorded in Plat Book 10 at Page 64 of the Public Rccords of Miami-Dade County, Florida, extending from thc Erosion Control Line of thc Atlantic Occan, said line rccorded in Plat Book ]34 at Page 47 of the Public Rccords of Miami- Dade County, Florida, to the East right of way of State Road A-I-A (formcrly State Road 140), as said road is shown, on a Plat thcrcof, rccordcd in Plat Book 47 at Pagc 101, of the Public Rccords of Miami-Dade County, Florida. Parcel 3 Thc Southerly 100 feet of Lot I, of TATUM'S OCEAN PARK SUBDIVISION, according to the plat thereof as recorded in Plat Book 10 at Page 64 of the Public Records of Miami-Dade County, Florida, said propcrty dcscribed as follows: Boundcd on the West by thc East right of way line of Occan Boulevard (State Road A-I-A and Statc Road 140), said road recordcd in Plat Book 47 at Page 10 I of thc Public Records of Miami- Dade County, Florida; bounded on the East by the Erosion Control Line of thc Atlantic Occan, said line Recorded in Plat Book 134 at Page 47 of the Public Records of Miami-Dade County, Florida, bounded on the North by the Northerly line of the Southerly 100 feet of Lot I; bounded on the South by the Southerly line of referenced Lot I. ADDRESS: 16901 Collins Avenue; And, WHEREAS, on April II, 2006, the City Commission conducted a public hearing on the Application; and WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter wcre heard, and due and proper consideration was given to the matter and to the positive recommendation contained in the joint mcmorandum from the Planning and Zoning Administrator and the Planning Consultant; and WHEREAS, notice was provided to all interested parties regarding the Application; and R06-Z- Paramount Beach 2 WHEREAS, the City Commission revicwed the Application, the written and oral recommendations of the Planning and Zoning Administrator and the Planning Consultant and all outside consultants who render reports with respect to the Application, including the recommended conditions, and found substantial competent cvidence to support a showing by the Applicant that the requests for site plan modification are in compliance with the Land Dcvelopment Regulations and the Comprchensive 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 ifsame were fully set forth herein. III. APPROVALS. I. The Applicant's request for approval of a variance from the requircments to reduce the front setback of the tower from 75 feet to 57 feet and the porte-cochere front setback from 50 fect to 35 feet 6 inches is hereby granted subject to the conditions set forth in Section IV. 2. The Applicant's request for approval for the modification of a previously approved site plan submittcd for the Project known as "Paramount Beach" is hereby grantcd and said site plan is hereby approved subjcct to the conditions set forth in Section IV. IV. CONDITIONS A. Conditions to be completed before below grade or building permits, including foundation permits, are issued or construction of any nature is commenced. I. That in the approval of thc plan be substantially in accordance with that submitted for public hearing. Plans are on file entitled "Paramount Beach", prepared by Fullerton Diaz Architects Inc., consisting of 24 sheets dated stamped receive 3-03-06. Plans may be modi fied at public hearing. 2. All conditions approved under Resolution No. 04-Z-85 shall remain in affect. 3. That thc Applicant submit a revised Declaration of Restrictive Covcnants (the "Declaration") in recordable form, in accordance with the provisions of the Codc of the City of Sunny Islcs Beach, acceptable to the Planning and Zoning Administrator, prior to submittal of an application for a building permit. The Declaration shall proffer the Beach Access Easements, the landscaping Streetscape Easement, and the Oceanfi'ont Park, and eascments ovcr. across, under and through all of thcse easements, all of which shall be fully accessiblc to the public R06-Z- Paramount Beach 3 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. Thc provision of twenty-four (24) hour valet parking services for owners and thcir guests shall be included in such Declaration. 4. That a revised 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 thc Applicant to the City, including but not limited to (i) a beach acccss easement located on the northern edge of the property and as reprcsented by the Applicant to the City Commission (the "Primary Beach Acccss Easemcnt"), (ii) one beach access easement along the south property line as rcpresented by the Applicant to the City Commission; (the "South Beach Access Easement") (collcctively the two beach access casements shall be referred to as the "the Beach Access Easements") (iii) a ten-foot (10') landscaping strcetscape easement as per the City Streetscape Master Plan (the "Streetscape Easement"), and (iv) the 10,000 square foot public oceanfront park (the "Oceanfront Park") and, if applicable, other amenities including but not limited to one shower, one foot bath, two benchcs, (one per easement) and one drinking water fountain 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 comply with all conditions and requirements of the Department of Environmental Resource and Management (DERM), the Fire Department, Water and Sewer Dcpartmcnt, Department of Environmental Protection (DEP), and Florida Department of Transportation (FDOT). 6. The Applicant will abide by all City and County ordinances relating to the hours of operation for construction commencement and termination. The Applicant will use its best cfforts to minimize vibration and noise during the construction of the Project. 7. The Applicant shall comply at all times with the City's temporary construction fence ordinance. 8. The Applicant shall pay to the City the voluntary mitigation fee of three hundred thousand dollars ($300,000.00) to be used for park purposes, as may bc determined by the City Commission. Thc fee shall be paid to the City prior to the issuance of the Building Permit for the development project. NO BUILDING PERMIT SIIALL 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, MONETARY CONTRIBUTIONS, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY (IF APPLICABLE) OR OTHERWISE PRODUCED EVIDENCE THAT TIlE 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. R06-Z- Paramount Beach 4 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 APPIWV AL, 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 hcrewith shall be and hereby are rcpealed. 2. This Resolution shall become effcctive upon adoption. PASSED and ADOPTED this II th day of April, 2006. / ATTEST: " 'L ~~~. Jane A. Hines, CMC, City Clerk . . ORM IENCY: VOTE: LJ ~ I Movcd by: ~ \ <:..t 1/Y\fJ.'10f? 8R~21N Second by: ClHY\Y't'I\""\[)II:l..~IHt\-L~R Mayor Norman Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler \/Yes ..0es Vyes _yes xyes no _no no vDo _no R06-Z- Paramount Beach 5 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. 0(.-2- 100 adopted by the City Commission at its meeting held on the ~day of ApR., L ,2006. Issued: L./l2l.J!Db I , ~A~ ~e A. Hines, CMC City Clerk R06-Z- Paramount Beach 6