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HomeMy WebLinkAboutReso 2005-757 RESOLUTION NO. 2005- ? 5'1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, EXTENDING THE TIME REQUIRED FOR LA MANSION, L.L.C. TO OBTAIN A BUILDING PERMIT PURSUANT TO RESOLUTION NO. 03-Z-75 IN ACCORDANCE WITH SECTION 265-3B (6); PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, La Mansion received a development approval on July 17, 2003 (Resolution No. 03-Z-75 attached hereto as Exhibit "A"); and WHEREAS, Section 265-11(L) requires an applicant to secure a building permit within 24 months from date that the City Commission approved a development project; and WHEREAS, La Mansion is requesting additional time to act upon its development approval due to pending litigation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. herein. Incorporation of Recitals. The recitals stated above are hereby incorporated Section 2. Extension of the Approval Period. The Approval Period shall be extended for a time period not to go beyond June 1,2006. Section 3. Authoritv of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution is effective upon adoption. PASSED and ADOPTED, this 13th day of January 2005. R2005-la Mansion Permit Extension.Doc 1 'b APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ City Attorney Vote: 5-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ULl yes (0 yes (0 yes Cl(1~es Lk:J yes R2005-La Mansion Permit Extension.Doc ~ . . Moved by: ~ M~ Seconded by: ~ ~-i'1 N ~no ~no ~no ~no ~no 2 ..,"",,"~ . . RESOLUTION NO. 03-Z-75 ( A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICA TION SUBMITTED BYLA.MANSION L.L.C., (Z2003-06), SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on April 25, 2003, La Mansion L.L.C., submitted an application to the 'City of Sunny Isles Beach, Florida requesting the following: 1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development Regulations the Applicant is requesting to transfer 38,847 square feet of development rights from the City. 2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations the Applicant is requesting a site plan approval for a 42 story, 40-unit condominium. LEGAL: Lots 1,2 and 3 of a Replat of Blk 1 Venicetta Beach. Plat Book 44, page 4 ADDRESS: 19505 Collins Avenue And, WHEREAS, on July 17, 2003, the City Commission conducted a public hearing on the application submitted by Applicant; and WHEREAS, 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 given to the matter and to the positive recommendation of the joint memorandum from the Planning and Zoning Administrator and Planning Consultant; and WHEREAS, notice has been provided to all interested parties and a neighboring jurisdiction regarding the application. WHEREAS, the City Commission has reviewed the application, and finds substantial competent evidence to support a showing by the Applicant that the request for site plan approval and for the Transfer of Development Right~ :Irf~ in l'o11lpliance v'ith tae LaRd Develapmcnt 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 public, particularly as it affects the stability and appearance of the community. . 03-Z-75 La Mansion. u.c Reso lLV/ed Rev.HO/jb 719103 1 Exhibit" A " .., /'- ( NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: II. PRELIMINARY APPROVALS. The Applicant's request to accept this site as a receiver site for the Transfer of Development Rights from a City owned sendor site, Site Plan Approval is hereby approved as follow: 1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting to transfer 3S,S47 square feet of development rights from the City. This approval is subject to a hearing in which the City Commission will consider the application for transfer of development rights. This approval is also subject to the acceptance of an appraisal amount on a square footage basis that will be determined by an MAl appraisal acceptable to the City Manager, taking into account the new zoning approval in accordance with this resolution, and further procedures being developed to effectuate this program, notwithstanding the fact that such procedures may be fonnally adopted subsequent to this particular approval. Upon approval of the application for transfer of development rights, the development approval shall become final. If the application for development rights is denied by the City Commission, this approval shall not become final. ~. 2. Pursuant to Section 50S of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting a site approval for a 42 story, 4O-unit condominium. The approval and all conditions listed below are transferable to applicant's successor, buyers or assignee and subject to the conditions set forth below being performed to the satisfaction of the City and subject to all procedures to be adopted relating to that transfer. In CONDmONS A. Conditions to be comoleted before buildin2 oermits are issued or anv construction commenced ( 1. Assuming approval at the hearing set forth in Section IT above, an up to date appraisal of the property (current to within 60 days) be approved by the City. The City Manager shall agree on the transfer of development rights ("TORs"). value before issuance of any building pennits (demolition, sales trailer pennit does not constitute a building pennit). The applicant shall pay the amount detennined by the City bac;ed on thp. Rpptaisal for tbe transfer of thirty-eight thousand eight hundred forty-seven square feet (3S,S47sq.ft.) of development rights from the City (a Sender Site) to the subject property described hereinabove (Receiver Site) as approved by the City Commission in this Resolution. The Applicant shall submit any and all other documentation and payments required by the City to effectuate the transfer of development rights and further procedures being 03.2-75 La MansioD.llC Reso 1L VI ed Rev.HOIjb 719/03 2 developed to effectuate this program, notwithstanding the fact that such procedures may be formally adopted subsequent to this particular approval. ( 2. Upon the submittal of an application for a 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. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Ordinance 2003-167 adopted March 20, 2003, the Applicant shall be required to obtain another approval of the City Commission. 3. That in the approval of the plan, the same be substantially in accordance and consistent with site plan presented at the City Commission hearing on Iuly 17, 2003, entitled "Regalia Tabular Data" and "Lobby and Garage Level Lighting Plan", prepared by The Sieger Suarez Architectural Partnership dated revised 7-1-03 consisting of three sheets, plans entitled "Regalia", prepared by The Sieger Suarez Architectural Partnership consisting of 25 sheets dated revised 4/04/03 and plan entitled "Conceptual Paving, Drainage, Water and Sewer Plan", prepared by Fortin, Leavy, Skiles, Inc., consisting of one sheet date signed 4/07/03, plan entitled "Existing Driveway Location", prepared by Fortin, Leavy, Skiles, Inc., dated 2/13/03.Plans may be modified at public hearing. 4. That a plan be submitted to the Planning and Zoning Administrator, Landscape Architect and Planning Consultant including their in-house experts, for their review. Plans shall include all easements to be proffered by the Applicant to the City, including but not limited to beach access easements exactly as represented to the City Commission by site plan drawing and oral representation, ten-foot (10') landscaping streetscape easement as per Streetscape Master Plan, if applicable. Plans shall show the type and size of plant materials, which shall coordinate with the approved Streetscape Master Plan prior to the issuance of a building permit. 5. That the applicant submit a Declaration of Restriction in recordable fonn acceptable to the Zoning Director prior to submittal for an application for building permit, which proffers the beach access, landscaping, easements over,.. across, under and through. Maintenance for such easement parcels proffered to the City, shall be the responsibility of the applicant, including 24-hour valet parking services for owners and guests, among other things. 6. That the Applicant shall present evidence of performance to the Planning and Zoning Administrator of the obligation required to qualify for the Floor Area Ratio bonus under Section 703.9.5 of the code. a) b) c) Public Beach Rec. Enhancement Collins Ave Streetscape Sunny Isles Public Parking 0.50 FAR 0.30 FAR 0.20 FAR $, 166,460 $ 99,876 $ 66.584 $ 332,920 (, 03-Z- 75 La Mansion, u.c Reso JL VI eel Rev.HOIjb 719103 Total 1.00 FAR 3 . . ( The total contribution for all Floor Area Ratio bonuses for the development is $332,920 for a total increase in floor area ratio of 1.0 for a maximum floor area ratio of 3.5. If development is permitted in phases the bonus contribution shall be pro rated for each phase. 7. That the applicant contribute to the Off-Street Parking Fund as per Section 801.1.2(b) for the buy down of 10% (6 parking spaces) of the required parking spaces. 8. That in the event of multiple ownership, a homeowner's association be established in accordance with applicable regulations to assure that all common areas and facilities for the residents, as well as all easements dedicated to the City shall be maintained in continuous and satisfactory manner, and without expense to the general taxpayers of the City of Sunny Isles Beach. ' 9. That the Applicant comply with all conditions and requirements of the Department of Environmental Resource and Management (DERM), the Fire Department, Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FOOT). 10. No building pennits shall be issued unless the Applicant has submitted all documents referred under this approval and shall have paid all impact fees, bonuses and Transfer of Development Rights (if applicable), professional fees (as per Ordinance 2001-132 and such other applicable Land Development Regulations) due to the City. 11. Under Ordinance 2001-132, the City Manager and lor hislher designee in review of any application, has and may continue to 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/her to review such application as required by law. Charges 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 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 prior to the issuance of abuilding permit (demolition, sales trailer pennit does not constitute a building permit). 12. At the time of submission of any application for building permit, after the development order has been approved, applicant shall fund an escrow account be established, from which withdrawals would be made to reimburse the City for the cost of professional review services, if any. The applicant shall provide funds to the City for deposit into sad! ascount in 8ft amount to be detelihilled Ly the City Manager or his deSignee, based on hislher 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 (113) 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 ( 03.Z-7S La Mansioo, u.c Reso JL VI cd Rcv.HOIjb 719103 4 . . ( B. 4. thirty-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 pennit 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. Conditions to be comuleted before anv Certificate of Occuuancv is issued. 1. That the Applicant demonstrates that they are in compliance with all tenns and conditions under this approval. 2. Applicant shall pay all fees related to the review of the application described hereiI~ and shall have paid all other fees due to the City. C. Other Conditions 1. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the City upon compliance with all tenns 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 pennit is issued within the 24 -month time period, the site plan shall be considered null and void and of no force and effect. 3. That the Applicant complies with all City Ordinances applicable to development and pennit approvals. That the Applicant shall submit a Declaration of Restrictions, in recordable fonn, acceptable to the Planning and Zoning Administrator prior to submittal for an application for building pennit, which proffers the maintenance of the landscape in the swale area along the frontage of the property. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SA:ME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITmN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. 03-Z-7S La Mansion. llC Rcso JL VI eel Rev.HOIjb 719/03 5 IV. SEVERABILITY AND EFFECTIVE DATE. ( 1. H 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. 2. This Resolution shall become effective upon adoption. PASSED and ADOYfED this 17th day of July 2003. By: CR, FLORIDA Moved by: \f I eCL ~'f (" E4f.. \c.u P C OW\rt\..lSSl t) I\J 4i-,~ ~~W\~ VOTE: 5-0 Mayor Samson Vice Mayor Edelcup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman Second by: ~es _no v-yes no ~s no ~s no yes _no ( \ 03.Z-7S La Mansion, u.c Reso JLV/cd Rcv.HOIjb 719103 6 , ; . STATE OF FLORIDA ) )ss: COUNTY OF DADE ) I, JANE A. HINES, Acting 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. 03-Z-::J.5 adopted by the City Commission at its meeting held on the ~daY of Issued: ..j~ 2 ~ J 200 3 \ (, 7