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HomeMy WebLinkAboutResolution Zoning 07-Z-107 RESOLUTION NO. 07-z-1 07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING THE ZONING APPLICATION SUBMITTED BY TRG DESERT INN VENTURES, LTD (THE "APPLICANT"), (Z2006-09) FOR A MODIFICATION OF PREVIOUSLY APPROVED PLANS; APPROVING TIlE TRANSFER OF DEVELOPMENT RIGHTS IN THE AMOUNT OF 9,757 SQUARE FEI~T AND ZERO (0) DWELLING UNITS, ON THE PROPERTY LOCATED AT 17201 COLLINS A VENUE, SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on October 16, 2006, TRG Desert Inn Ventures, Ltd (the "Applicant") submitted an application (the "Application") No. Z2006-09 to the City of Sunny Isles Beach, Florida, requesting the following: 1. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval of 9,757 square feet and zero (0) nnits from the City's Transfer of Development Rights Bank("Bank") (an adjustment to be made for a decrease of 9,757 square feet and five (5) units from the City's Transfer of Development Rights bank). 2. Modification of plans approved under Condition #2 of Resolution No. 04-Z-83 passed and adopted by the City Commission on June 3'0, 2004 reading as follows: From: Plans are on file and may be examined in the Planning and Zoning Department entitled "Ocean IV" and on file, entitled "Boundary Survey", prepared by Fortin, Leavy, Skiles, Inc., dated revised OS/27/03 and plans entitled "Ocean Four", prepared by The Sieger Suarez Architectural Partnership consisting of 27 sheets dated revised 03115/04 and plans entitled "Master Site Civil", prepared by EDC Corp., consisting of 4 sheets dated signed and sealed 03118/04, and plan cntitled "Photometric Site Plan", prepared by FES Mechanical and Electrical Engineer dated, signed and sealed 08118/03. And plans submitted for public hearing for "TRG Desert Inn Ventures, Ltd." are on file in the Planning and Zoning Department entitled "Ocean Four", prepared by The Sieger Suarez Architectural Partnership, consisting of 21 sheets dated revised 11/27/06 along with previous plans approved under Resolution 04-Z-83. To: Plans submitted for public hearing for "TRG Desert Inn Ventures, Ltd." are on file in the Panning and Zoning department entitled "Ocean Four", prepared by the Sieger Suarez Architectural Partnership, consisting of 21 sheets dated revised 11/27/06 along with previous plans approved under Resolution 04-Z-83. The purpose of this request is to allow the Applicant to close an existing breezeway and expand the penthouse unit. This request only increases the Floor Area Ratio ("FAR") by 9,757 square feet within the allowable !loor ratio from the previously approved 580,098 square feet to 589.855 I Ocean Four Z2006-09 square feet. Level 5 increased from 12,742 square feet to 16.243 square feet; Level 7 increased li'om 12,939 square feet to 16,689 square feet; and Level 41 increased ii'om 0 square feet to 2,506 square feet. A portion of the mechanical !loor (Level 41) has been eonverted to an upper level of the penthouse located on Level 40. The modification proposes no increase in the number of dwelling units (281 units) or overall height of the strueture. LEGAL: The South 300 feet of the North 400 feet of Lot 2, Tatum's Oeean Park Company's Subdivision, according to the plat thereof, as reeorded in Plat Book 10, Page 64, Public Records of Miami-Dade County, Florida; less portion lying westerly of Collins A venue ADDRESS: 17201 Collins Avenue, Sunny Isles Beach, Florida 33160 And, WHEREAS, on January 181h, 2007, 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 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 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 reeommended conditions, and found substantial competent evidence to support a showing by the Applicant that the requests for the modification of the approved site plan is 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 publie, particularly as it affeets 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 reeitals are incorporated into the body of this Resolution as if same were fully set forth herein. 2 Oeean Four Z2006-09 III. APPROV ALS. The approvals sct forth in this Section II1 are subject to (A) All of the conditions set forth in this Resolution; (B) The purchase price to be paid by Applieant for the TOR's based on an appraisal to be prepared for the City; (C) Full payment of the amount of $1,282,655.00 of the approved purchase price, within three (3) working days of the City Commission approval of the purchase priee, but in no event later than 5 p.m. on Tuesday, January 23, 2007, A. The Applicant's request for approval of the Property as a Receiver Site and for approval of the transfer of 9,757 square feet and zero (0) dwelling units development rights from the City's Transfer of Development Rights Bank ("Bank") to the property, pursuant to Section 265-23 of the LDRs, is hereby conditionally granted, and, subject to all of the conditions outlined herein, the City Commission finds such transfer eonsistent with the goals, policies and objectives of the Comprehensive Plan and the expressed purpose of Section 265-23 of Code of the City of City of Sunny Isles Beach as amended.. (An adjustment to be made for a deerease of 9,757 sq. ft. and five (5) dwelling units from the City's Transfer Development Rights Bank). B. The Applicant's request for approval of a modification of site plan for a 40 stories, 281 unit eondominium previously approved under Resolution No. 04-Z-83 (see attaehed) is hereby granted. IV. CONDITIONS 1. That the property be developed substantially in accordance with the plan previously submitted for public hearing for "Ocean IV" and on file, entitled "Boundary Survey", prepared by Fortin, Leavy, Skiles, Ine., dated revised OS/27/03 and plans entitled "Ocean Four", prepared by The Sieger Suarez Architeetural Partnership eonsisting of 27 sheets dated revised 03115/04 and plans entitled "Master Site Civil", prepared by EDC Corp., eonsisting of 4 sheets dated signed and sealed 03118/04, and plan cntitled "Photometric Site Plan", prepared by FES Mechanical and Electrieal Engineer dated, signed and sealed 08118/03. And plans submitted for public hearing for "TRG Desert Inn Ventures, Ltd." are on file in the Planning and Zoning Oepartment entitled "Ocean Four", prepared by The Sieger Suarez Architectural Partnership, consisting of21 sheets dated revised 11/27/06. 2. That the Applicant shall provide the City with full payment in the amount of the approved purchase price of $1, 282,655.00 for the TORs purehase from the City Bank no later than 5 p.m. Tuesday, January 23, 2007. Failure to pay the required payment 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 of TORs, site plan approval. 3. All conditions approved under Resolution 04-Z-83 shall remain in effect. 3 Ocean Four Z2006-09 NO BUILDING PERMIT SHALL BE ISSUED (EXCEPT FOR DEMOLITION AND SALES CENTER) UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THE RESOLUTION AND SHALL HA VE PAID ALL IMPACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE CITY (IF APPLICABLE), OR OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMI~NT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HA VI~ BEEN TRANSFERRE[) PROFESSIONAL FEES SECTION 267 OF THE CODE OF CITY OF SUNNY ISLES BEACH AND ALL OTHER FEES [)UE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULA T10NS. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AN[) IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITIIIN FIVE (5) DAYS AFTER WRITTEN NOTICE, TIm CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENT TO ALL THESE TERMS AND CONDITIONS. V. EFFECTIVE DATE: This Resolution shall beeome effective upon adoption. P ASSE[) and ADO PTED this 18th day of January, 2007. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission ATTEST: '.~'~L 'Ja.lie A. I-lines, CMC, City Clerk Moved by: V\CL MlUJV" Jha,~ 4 Oeean Four Z2006-09 VOTE: :;-D Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ~yes ~es vyes Vyes 0es Ocean Four Z2006-09 Second by: c1~~tYl\\IW no no no no _no 5 STATE OF FLORIDA ) )55: COUNTY OF DA[)E ) I, JANE A. HINES, City Clerk of the City of Sunny Isles Beaeh, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No.07-Z-Wadopted by the City Commission at its meeting held on the 18th day of January, 2007. . ~ 'r'" \ ~ .' Issued: ~. '2'22001 , ~ .:/. , ."" "A~" ' .' ~ .- , "".:r . _ J A "1' .', . ..; ane . r meSo.' .' . CMC, Clt~ qerk " " " " ,,'" . ~ '. . r' , "" . ~ ' , 6 Ocean Four Z2006-09 City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias CommIssioner A. John Szerlag City Manager Hans Ottinal City Attorney Jane A. Hines City Clerk 18070 Collins Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.sibfl.net January 23, 2007 Joseph G. Goldstein, Esq. Holland & Knight LLP 701 Brickell Avenue, Suite 3000 Miami, Florida 33131-2847 Re: Resolution No. 07-Z-107 Approving a Zoning Application Submitted by TRG Desert Inn Ventures, Ltd (Z2006-09) for a Modification of Previously Approved Plans, Approving the Transfer of Development Rights in the Amount of9,757 Square Feet and Zero (0) Dwelling Units, on the Property Located at 17201 Collins Avenue, Subject to Certain Conditions; and Resolution No. 2007-1027 Providing for the Acceptance of the Appraised Land Value of $62,000,000 for the Property Located at 17201 Collins Avenue. Dear Mr. Goldstein: Enclosed please find a certified copy of Resolution No. 07-Z-107, adopted by the City Commission on January 18, 2007, approving the application submitted by TRG Desert Inn Ventures, Ltd (Zoning Hearing Z2006-09), for the property located at 17201 Collins Avenue, subject to certain conditions. Also enclosed is a certified copy of Resolution No. 2007-1027, adopted by the City Commission on January 18, 2007, providing for the acceptance of the appraised land value of$62,000,000.00 for the property located at 1720 I Collins A venue alk/a Ocean IV Development Project, and providing for the acceptance and payment by the applicant of $1,282,655.00 for the transfer of development rights of9,757 square feet and 0 units from the City's TDR Bank. Should you have any questions, please do not hesitate to contact me. Sincerely, ~A.~ Jane A. Hines, CMC City Clerk JAH:pw Enclosures c: A. John Szerlag, City Manager Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager/Services Doug Haag, Assistant City Manager/Finance Jean Watson, Finance Director Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Goldstein. Joseph - Trg Desert Inn Zoning Reso Ltr City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, CMC, City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Norman S. Edelcup, Mayor Il~rfrr DATE: December 14, 2006 RE: Ordinance Providing for an Increase in the Total Membership Composition of All Standing Committees RECOMMENDATION: It is recommended that the City Commission consider the attached ordinance. REASONS: There has been a lack of quorum in the Standing Committees and, without quorum the Standing Committee cannot conduct official City business. In an effort to increase attendance, I am proposing to increase the total membership of all Standing Committees from five (5) to seven (7) members. In accordance with the City Charter, the Mayor shall appoint both a Chairperson and a Vice Chairperson of each committee, and each Commissioner shall appoint one member to each Committee. This ordinance provides the Liaison Commissioner of a particular committee to appoint one additional member to each Committee, and increases the membership from five (5) to (7) seven members. In addition, each Committee member shall serve a one (1) year term commencing on January 1st of each year and ending on December 31 st. The current term ends in April 2007, therefore the current term will be extended to December 31, 2007. The City Commission may remove a member of a committee with cause or without cause. Cover Memo Edelcup Re Committee Members Agenda Item 9 A Date J - I ~ - 0 I