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HomeMy WebLinkAboutReso 99-119 RESOLUTION NO. 99-119 A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING A W AIVERFROM ORDINANCE NO. 98-40 IN ACCORDANCE WITH SECTION 2 THEREOF, TO WILLIAMS ISLAND OCEAN CLUB & RESORT, LOCATED AT 17875 COLLINS AVENUE, TO ALLOW CONSIDERATION OF A ZONING APPLICATION REQUESTING A MODIFICATION OF CONDillON #6* CONTAINED IN RESOLUTION NO. 98-Z-17, WHICH GRANTED APPROVAL OF AN UNUSUAL USE TO PERMIT A PRIVATE RECREATIONAL FACILITY (BEACH CLUB) IN CONJUNCTION WITH AN EXISTING HOTEL AND NON-USE VARIANCES (*THAT THE APPLICANT OBTAIN A CERTIFICATE OF USE AND OCCUPANCY FROM THE CITY, UPON COMPLIANCE WITH ALL TERMS AND CONDITIONS, [THE ISSUANCE BEING] SUBJECT TO CANCELLATION UPON VIOLATION OF ANY OF THE CONDITIONS); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 16th day of July, 1998, the City enacted a moratorium on the filing and consideration of zoning applications and the issuance of development orders and development permits; and WHEREAS, in accordance with Section 2 of Ordinance No. 98-40, upon application by a property owner, the City Commission, after a public hearing, may grant a waiver to the moratorium if it determines the activity will not detrimentally affect the outcome of the comprehensive planning process for the City and will not materially reduce the existing capacity of public services; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. The City staffis directed to grant a waiver of the moratorium, Ordinance No. 98-40, in accordance with Section 2 thereof, to Williams Island Ocean Club & Resort, located at 17875 collins avenue, to allow consideration of a zoning application requesting a modification of condition #6* contained in resolution no. 98-Z-17, which granted approval of an unusual use to permit a private recreational facility (beach club) in conjunction with an existing hotel and non-use variances (*that the applicant obtain a certificate of use and occupancy from the city, upon compliance with all terms and conditions, [the issuance being] subject to cancellation upon violation of any of the conditions). Williams Island Waiver of Moratorium -1- Section 2. This Resolution is effective upon adoption. PASSED AND ADOPTED this 21 ST day of January . . ..... "",'~ .. ~C''''''' '" 4 ..: ", 'Ii ~,,' ..' . ~ ..:.J . ~ ',''''''' J f \. ~,. ~. .., . ~': " S . . ; I ':'L1'TTE:F~ , ~ I ~~. ,'j. ' ../''''').' " '\ ~ l l."'_ <I *', .... "', \ I ,.'-;,r .. \':'~~ ~. fll J\l ~ ~~.~. ~V\A Ri~hard t:0Jv:D-Morilla, City Clerk . "'." * ~ ~ - .., APPROVED AS TO FORM AND LEGAL SUFFICIENCY: '" VOTE: 5-0 Mayor David Samson Vice Mayor Irving Turetsky Commissioner Lila Kauffman Commissioner Daniel Iglesias . Commissioner Connie Morrow Williams Island Waiver ofMoralorium Moved by: Commissioner Morrow Seconded by: Commissioner Iglesias (yes) L (yes) L (yes) L (yes) L (yes) L (no)_ (no)_ (no)_ (no)_ (no)_ -2- Memo To: The City Commission From: Jorge L. Vera, Zoning and Code Administrator Subject: Request for Zoning Moratorium waiver Williams Island Ocean Club & Resort Date: January 21, 1999 RECOMMENDATION Staff recommends that the City Commission grant the requested waiver of moratorium for the modification of condition and deny the request for temporary certificate of occupancy. REASONS After reviewing the above referenced request, staff has concluded that the grant of a waiver, which would permit the consideration of a zoning approval for a modification of a previously approved condition is appropriate. Said use would not contravene the purpose of the moratorium ordinance and will not materially reduce the existing capacity of public services. There is virtually no possibility of a comprehensive plan objective or policy which would seek to change the character of a long established commercial use. The use originally granted to the applicant was a "Beach club in conjunction with an existing hotel". It is important to recognize that a hotel use is classified by the South Florida Building Code as Group "H" occupancy. A beach club on the other hand is classified as a Group "A or B" occupancy. While the hotel exists and operates, the beach club can be incidental to the hotel without requiring a reclassification of the building. However, the operation of the beach club without the hotel as the main use, would necessitate reclassifying the entire occupancy to Group "A or B ". Any changes in occupancy group would mandate that the entire building be brought up to code standards for Group "A or B" occupancy. It is not within the purview of the City Commission to grant variances from the building code, even on a temporary basis. Therefore, the commission should approve the request for a waiver of the moratorium to permit the applicant to request a modification of a previously approved condition. The commission should reject directing the building official to grant a temporary certificate of occupancy in contravention of the law. This is not a recommendation regarding the substance of any zoning request, but merely a recommendation that the Commission grant a waiver of the moratorium in this specific instance so that the applicant's zoning request may be considered by the City at a later date. P— ni-etfillly submltte' , t , Zoning and Code Administrator GBEENBfBfi A T T O R N E Y S A T L A W I � fl U � I G Joseph G. Goldstein (305) 579 -0609 Direct Fax: (305) 961 -5609 E -Mail: goldsteinj @gtlaw.com January 7, 1999 VIA FACSIMILE and HAND DELIVERY Mr. Jorge L. Vera Zoning & Code Administrator City of Sunny Isles Beach 17070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Williams Island Ocean Club & Resort / Request for Waiver of Moratorium to Permit Modifications to Resolution No. 98 -Z -17 Dear Mr. Vera: This shall constitute a request for a waiver of the zoning hearing moratorium submitted to the City of Sunny Isles Beach (the "City ") on behalf of Williams Island Ocean Club, Inc. ( "Williams Island "), in connection with the Williams Island Ocean Club and Resort located at 17875 Collins Avenue, and more particularly described in Exhibit A attached hereto (the "Property ") The waiver of the moratorium is being requested to allow for the modification of Item #6 of Resolution No. 98 -Z -17 (the "Resolution ") by the City Commission on January 21, 1999 (the "Meeting Date ") or, in the alternative, to enable the City Commission to consider the issuance of a temporary certificate of occupancy. City staff specifically indicated that its initial suggestion is for Williams Island to seek to amend Item #6 of the Resolution to provide for the issuance of a temporary certificate of occupancy ( "TCO ") for the Property. However, we reserve the right to modify the specific nature of the request, subject to further discussion with City staff. Please note, while we believe that this request is unnecessary and the City is empowered to issue the TCO without a public hearing to amend the Resolution, this request is being submitted to the City in an abundance of caution. In submitting this request, Williams Island does not waive its objections. GREENBERG TRAURIG, P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305 - 579 -0500 FAX 305 - 579 -0717 www.gtlaw.com \ MIAMI NEW YORK WASHINGTON, D.C. ATLANTA PHILADELPHIA TYSONS CORNER SAO PAULO FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE BOCA RATON Mr. Jorge L. Vera January 7, 1999 Page 2 Thank you for your attention to this matter. Should you have any questions or require additional information, please do not hesitate to contact me. cc: Lynn Dannheisser, Esq. Michael S. Berkman Robert Finvarb, Esq. enc. MIAMUGOLD STEINJ /1011002/1_3#011.DOC/1/07/99 GREENBERG TRAURIG z 08!1811998 11:12 305 - 9474386 SUNNY ISLES BEACH PAGE 04 EXHIBIT "A•" ���ESCRIPTION PARCEL 1: All of the portion of Tract "A" and "B', of the, subdivision of GULF STREAM PARK, according to the Plat thereof recorded in Mat Book 35, at Page 51, of the Public Records of Dade County, Florida, and the portion of Collins Avenue shown on said Plat of GULF STREAM PARK'which was vacated by Plat of Ocean Boulevard State Road 140 Golden Beach Sunny Islas as recorded in fiat Book 44, at Page 2, of the PuUlo Records of Dade County, Florida, some above - described property being contained in the South 500 feet of Tract 6 of subdivision of Government Lot 6, Section 2, Township 52 South, Range 42 East, Government Lets 1, 2, 4, and portions of Government Lots 6 and 6, Section 11, Township 52 South, Range 42 East as shown by Plat thereof recorded in Plat Book 10, at Page 64, of the Public Records of Dade County, Florida, more particularly described as follows, to wit: That portion of the North 200 feet of the South 600 feat of Tract 5 of Subdivision of Government Lot 6, Section 2, Township 52 South, Range 42 East and Government Lots 1, 2,• 4, and portions of Governments Lot 5 and 6; Section 11, Township 52 South, Range 42 East as recorded in Plat Book 10, at Page 64, of the Public Records of Dade County, Florida, - measured at right angles to the South line of said Tract 5, lying between the East right -of -way line of State Road A -1 -A as shown by Plat thereof recorded In Plat Book 45, at rage 39, of the Public Records of Dade County, Florida, and the high Water line of the Atlantic Ocean. PARCE= 2: All of the portion of Tract "A" and "B" of the subdivision of 'GULF STREAM PARK, according to the Plat thereof recorded in Plat Book 35, at Page 51, of the Public Records of Dade County, Florida, and that portion of Cclllris Avenue shown on said Plat of Gulf Stream Park which yeas vacated by Plat of Ocean Boulevard -State Toad 140 Golden Beach Sunny Islas as recorded.in Plat Book 44, at Page 2, of the Public Records of Dade County, t Iorlda, said above - described property being contained in the South 500 feet of Tract 5 of Subdivision of Government Lat 6, Section 2, Township 52 South, Range 42 East and Government Iota 1, 2, 4, and portions of Government Lots 5 and 6, Section •11, Township 52 South, Range 42 l=ast as shown by Plat thereof, recorded in Plat Book 10, at Page 64, of the Public Records of Dade County, Florida, more particularly described 'as follows, to wit: That portion of the North 200 feet of th6 South 300 feet of Tract b of subdivision of Government Lot 6, Section 2, Township 52 South, Range 42 East and Government Lots 1, 2, 4, and portions of Government Lots 6 and 6, Section 11, Township 62 South, Range 42 East as recorded In Plat Book 10, at Page 64, of the Public Records of Dade County, Florida, measured at right angles to the South line of said Tract 5, lying between the East right-of-way line of State Rood A -1 -A as shown by Plat thereof recorded in Plat Book 45, at Page 39,•of the Public Records of Dade County, Florida; and the high water line of the Atlantic Ocean. Less and except any of the above -described land lying Easterly of the Erosion Control Line filed in Plat Book 134, at Page 47 of the Public Records of Dade County, 1=lorida. 3 8'4ESOL Y lilN NO. 98.4 ,II J WRERZAS, Willi4ms Island Clcoan Club, Inc., has 4pplied for the following, I. Unusual Use to permit a ptivatc recreadotnal facility ( to wit, a beach club, lockers, rest u raut/louange and related uses) in conjunWon with an aistixng hotel. 2. Non Use Variance of parking rcquiretuents to pe nanit a toinl of 119 parking spaces (46 ParldAg spaces are tandem) (226 spaces required). 3. lion Use Variance to pewit tandem parking (none permitted). 4. Non Use Variance to pennnit an existing chickee but to setback 0' ft (25' required) ftom the hear (eat) property line. St JEGT FROPERTY: All ogthe portion of Tracts "A!'& ,'B,° of tine subdivision ofOULF STREAM PAS, Plat Book 35, Page 51, and the pmd on of Collins Avenue awn of said Plat of CAMP MAM PARIS, which was vacated by Flat of OCEAN BOULEVARD STATE ROAD 140 43OLDEN BEACH Si,iISiI+1Y ISLES, Plat Book 44, Page, 2, and above described propaiy being contained in the south 500' of Tract 5 tofSubdivision of G0ver=Mt Lot 6, Sectimn 2, Township 52 South, Pwnge 42 East. GcaMment Lots I 4 and portions of 6ov=mnut Lots 5 & 6, Seetion 11, Towtngbip 52 South, Range 42 Haste Plat Book 10, Page 64, xrnore pariioularly des=1W as follows, to wit That Portion of the not°tb 2OW of the South 5q0' of Tract 5 of SubdiV(siou of GovM mint Lot 6, Sm ion, 2, Township 52 Soutin, flange 42 East and Govemment Lots 1, 20 4 a4d ptalio►na of GovmmtW Lots 5 &- 6, SeC0001 I, Taw=bip 52 South, Range 42 East, :Plat Book 10, Page 64, mcasuzvd at right angles to the South line of said Tract 5, lying between the East light-of-way line ofstate Road A -1- A, Plat Book 45, Page 39, and tiro high water live of the Atlantic Ocean, trogedw with ail of the Seller's interest and title in the riparian rights appertaining. e ' All oftho portion *f Tracts "V and "l3" of tho subdivision of GULF STREAM PARS, Plat Book 35, Page 51 and " potion of Collins Avenue shown on said plank of GULF STREAM PARK which was vacated by Plat of OCEAN BOULEVARD STATE ROAD 140 GOLDEN BEACH SUNNY Y' ISLES, Plat ]Book 44, ftgo 2, said above described "arty being 1' contained in the South 500' o£Tract 5 of Subdivision of Government Lot 6, Section 2, Township $2, South, Range 42 East and Government Lots 1, 2,4 & portions of Government Lots 5 & 6, Section 11, thereof, flat Book 10, Page 64, more particularly described as follows, to wit: That portion of the North 200' of the South 300' of Tract 5 of subdivision of Government Lot 6, Section 2, Township 52 South, Flange 42 East and Government Lots 1, 2, 4 and portions of Government Lots 5 & 5, Section 11, Township 52 south, Range 42 East, flat Book 10, Page 64, measured at right angles to the South line of said Tract 5, lying between the east right-of-way line of State Road. A 1 -A, Plat Book 45, Page 39, and the high water line of the Atlantic Ocean, together with all of the seller's interest and title in the riparian rights appertaining. ADDRESS: 17875 Collins Avenue and WHMREAS, the public hearing of the City Commission was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration having been given to the matter and to the recommendations of both the Zoning and Code Administrator and the Building Official with aspect to all requests; NOW THEREFORE, BE IT RESOLVED BY THE CITY CO1VlMISSION OF TI- E CirY OF SUNNY ISLES BEACH, FLORIDA, THAT: Request No. 4 regarding a Non Use Variance is hereby denied. The remaWng requests be and the same are hereby approved including the acceptance of two (2) voluntary proffers of Declarations of Restrictive Covenants as presented to the City COMM' ission meeting of August 13, 1998, attached hereto as Exhibits "A" and "B ", and in accordance with the following conditions: That a site plant be submitted to and meet with the approval of the Building Official upon the submittal of an application for a building peradt; said plans to include among other things but not limited thereto, location of structure or structures, types, sizes and location of signs, light standards, off street parking areas, exits and entrances, drairrage, was, etc. 2. That in the approval of the plan, the same be substantially in accordance with that submitted for hearing entitled "Williams Island Ocean, Club Inc. ", prepared by Arc -tech Associates Jncorporated dated 6/22/98 and plans entitled "Williams Island Ocean Club, Inc. ", prepared by Bradshaw Gill & Associates dated 6116198 on sheet P -1 and dated 6/22198 on sheet P -2 & P -3. 3. That the use be established and maintained in accordance with the approved plans. 4. The applicant provide the City with all appropriate joinders on the Declaration ofPestrictive Covenants, attached hereto as Exhibits "A" and "B ", that was provided to the City Commission as part of the August 13, 1998 hearing ptior to the issuance of any building permit for the proposed requests. S. That the applicant provide 24 hour valet parking for the guests. 6. That the appiicaut osbtaia 4 CertificatoorUseand Occupancy from the City, Woneompliwee with all term and coviditions, the subjoct to cancelladon upon violadon of my of the conditions, 7. That the OPPliewu comply with all ca eons and requiremem of the lE3epwme nt of Environmo ow Resources Maur 480MOUt (DEW, the Fiore Department and the Florida. D*aftont of ThwPortatiom S. This Roselution shall become ofttive Von adoption. PASSED AND ADOPTED this 13* day of August, 1999, CITY or Dy its Cit) •i�zcharsl J�o'i- Manna, City CIo � ��!'' •t' F1�F.i D AS TO FORU AND LEGAL S% iCMNCY: a L M. Dawheissor, City Attommeyy my isus Bum noRwA Mayor CoMMissione r lKauffx m roved and Commeskm Morrow seconded approval of the request6d zonin$ W"ficatiow, and upon a roll tail the voto was 5 M 0 in hvon: Mayor Samson � DO Vice Mayor T tc` ey no Cows issi Iglosies � ► C�ssioner Ksu an t o Comm mane; Momw J� —no [CIO }OSt COUN OF DADS' 1, RICHARD BROWN-MORMLA,.Clerk of the City of Sumy Isles BaW4 F1,011 a, do Itereby certify that the above and foregoWS is a true and correct copy of Resolution No. 98-Z-17 adopted by the UY Commission, at its meeting held on the 13' day of August, 1998. Richard Brown -Mori City Clerk 9 4 iAn DELIVERY AND FACSUMLE (3857 94"113 December 14, 1998 Lynn Dannheisser, .Esq. City Attorney City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny isles Beach, FL 33160 if -t-k I RE: Williams Island Ocean Club and Resort — Temporary Certificate of Occupany Dear Lynn: This letter shalt confirm our undwstanding of the City of gunny Isles Beach's agreement to provide us with a temporary certificate of occupancy (the. "TCO ") expiring on January 22, 1998 for The Williams Island Ocean Club dt Resort (the" roperty "), which is located at 17975 Collins Avenue and is the subject matter of City of Sunny Isles Beach Resolution No. 98 -Z -17 (the"Resolution "). The issuance of the TCO shall be issued based on the following conditions. 1. That Wilhamsdsland Ckzan Club, inc. ( "Willia c Island ") hereby hol*the City of Sunny .GD Isles Beach (the-City") hartttlaes'and indemnif,�t the City for any and all loss or damage arising in connection with its issuance of the TCO, including reasonable attorney's fees through the trial and all appePate levels; 2. That Williams Island hereby covenants that it will not operate a hotel at the Property until such time as all of the conditions contained in the Iesolution -tend Sunny Isles (each Resolution No. 98 -7. -18 (the "Parking Lot Resolution ") have been satisfied; 3. That Williams Island will immediately submit an application to the City Commission requesting a public hearing on January 21,-1.999, ( "Meeting. Date') to modify item # 6 of the Resolution, or ;Hake such other request as may .be reasonably necessary or appropriate, to provide for the issuance by the City of a temporary certificate of occupancy for the Property which extends for a .period of up to ninety (90) days following the Meeting Date, pmvid4 however,. the City's staff reserves the right to recommend approval or denial bused on the acwmplishment of the conditions and that there shall be no morn than one extension of the TCO for-art additional period of ninety (90) days; 4, Within thirty (30) days of the comphc-tion of construction, including landscaping. and all other building improvements, that Williblils Island shall submit an as -built site plan in accordance with items # 1 and 2 of the Resolution; 7900°rlTtff7if` Wlevard, Willisms l.land, Florida 33160. Telephone: (305) 935 -5555. Toil Free: 1 (800) 628. 7777. Fax: (305) 931 -5080 Please execute the acknowledgment contained below should the conditions contained herein meet with your approval and fax a copy of sam' back to me at (305) 937 -7823. Should you have any questions or require additional information, please call me at (305) 937 -7823. Very truly you , Robert I. • invarb Vice President Bt General Counsel AGREED TO AND ACKOWLEDGED BY: L Dannheisser, City Attorney cc: Jim DiPiam, City Manager Michael Berkman, Director of Building Department Atari Matus Joseph Goldstein, Esq. 7900 Island Boulevard, Williams Island, Flarlda 33760. Telephane: (305) 935.5555. FAX (305) 931 -5080 s. That Williams- i:W4 nmintely submit .. �f , of .:in� t7estriciive Coveaards imd Unity of Title Agroem t 6. Except for any a��roys'IIs to bbe_ iisss`u_ed by pthhe Moridu t- Pri LM601F, that, Otl or bifore December 24 1998' Willhmwh .i I .r ,•.wo , •`h YR ''�J�'• - *, ^....7 Y . amply with all of ttu'oondhiolis and requirements of all ofjy arc ins g the ; J being peel Property, tmda p� ortned at the fl>r t • .. �, .., +,.r. worts being perforitted in the locker rooms, the handicap access area a>:d tjte Roby area at ' the Property; 7. That- W1111a111:" bkmd will tiolul flit: and dill Y any neces ary N applications to the Florida Department of Environmental Protection for the installatioti of a well to serve the parking tot approved by the Parking Lot Resolution or redesign the drainage system for the parking lot so that such a well and permit are not required; and 8. Failure to accomplish any of these conditions within the applicable time frames set forth above shall result in a revocation of the TCO. Please execute the acknowledgment contained below should the conditions contained herein meet with your approval and fax a copy of sam' back to me at (305) 937 -7823. Should you have any questions or require additional information, please call me at (305) 937 -7823. Very truly you , Robert I. • invarb Vice President Bt General Counsel AGREED TO AND ACKOWLEDGED BY: L Dannheisser, City Attorney cc: Jim DiPiam, City Manager Michael Berkman, Director of Building Department Atari Matus Joseph Goldstein, Esq. 7900 Island Boulevard, Williams Island, Flarlda 33760. Telephane: (305) 935.5555. FAX (305) 931 -5080