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.
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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.
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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