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HomeMy WebLinkAboutReso 2006-890 RESOLUTION NO. 2006-..ffiQ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CORRECTING A SCRIVENER'S ERROR IN RESOLUTION NO. 03-Z-75 TO REFLECT THE CORRECT SQUARE FOOTAGE OF TRANSFER OF DEVELOPMENT RIGHTS FOR REAL PROPERTY LOCATED AT 19505 COLLINS A VENUE, COMMONLY KNOWN AS THE REGALIA CONDOMINIUM PROJECT; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the City of SUlmy Isles Beach Land Development Regulations, La Mansion L.L.C. filed an application with the City of Sunny Isles Beach, Florida on April 25, 2003 requesting preliminary approval for the transfer of development rights from a City owned sender site to that real property located at 19505 Collins A venue and approval of a site plan (the "Application"); and WHEREAS, on July 17, 2003, the City Commission conducted a public hearing on the Application (the "Public Hearing"); and WHEREAS, the Public Hearing was advertised and held as required by law and all interested parties concerned in the matter were heard; and WHEREAS, upon due and proper consideration given to the matter and to positive recommendation of the joint memorandum from the Planning and Zoning Administrator and Planning Consultant, the City Commission passed and adopted Resolution No. 03-Z-75 granting the Application, inter alia; and WHEREAS, Resolution No. 03-Z-75 requires that building permit plans for the Property meet with the approval of the Planning and Zoning Administrator and be consistent with the specific site plan approved by the City Commission; and WHEREAS, the site plan approved by the City Commission consisted of the following: (i) plan 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; (ii) plan entitled "Regalia", prepared by The Sieger Suarez Architectural Partnership consisting of 25 sheets dated revised 4/04/03; (iii) plan entitled "Conceptual Paving, Drainage, Water and Sewer Plan", prepared by FOliin, Leavy, Skiles, Inc., consisting of one sheet date signed 4/07/03; R2006-890 La Mansion-Regalia Scriver's Err Corr To 03.Z-75 Page I of 3 and (iv) plan entitled "Existing Driveway Location", prepared by Fortin, Leavy, Skiles, Inc., dated 2/1 3/03 (collectively the "Approved Site Plan"); and WHEREAS, the Approved Site Plan provided for the transfer of 54,385 square feet of development rights to the Propeliy for construction of a 42 story, 40-unit residential condominium tower thereon; and WHEREAS, the square footage of development rights preliminarily approved for transferred to the Property is incorrectly referenced in Resolution No. 03-Z-75; and WHEREAS, the reformation of Resolution No. 03-Z-75 to accurately reflect a preliminary approval of 54,385 square feet of transfer development rights to the Property (the "Reformation") is justified on the following grounds: (i) Reformation is essential to insure the intent of the Commission; (ii) Reformation does not include a change of judgment, policy, or prior intent of the Commission; (iii) The record, including but not limited to the staff recommendation, minutes and motion, evidences the clear intent of the Commission; (iv) The substance of the Application was evident at the time of the Public Hearing and there was no intent on behalf of the applicant, at any time, to deceive the public or the Commission as to the amount of development rights sought to be transferred to the Property; and (v) the failure to approve the Reformation would lead to an unjust result. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorporation of Recitals. The foregoing recitals are true and correct are incorporated herein by reference as if they fully set forth herein. Section 2. Reformation. Resolution No. 03-Z-75 is hereby amended to reflect the correct square footage of development rights preliminarily approved by the City Commission for transfer to the Propeliy as 54,385 square feet. Section 3. Conditions. All conditions set forth in Resolution No. 03-Z-75 are unchanged by the adoption of this resolution and remain in full force and effect. Section 4. Authority of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 16th day of February 2006. R2006-890 La Mansion.Regalia Scriver's Err Corr To 03-Z-75 Page 2 of 3 ATTEST: ~A~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LE AL SUFFICIENCY: VOTE: 5-0 Mayor Norman S. Edelcup Vice Mayor Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis Thaler Commissioner Gerry Goodman Moved by: C.O~ GDC>DWI~ Second by: C()~ IGL~<;:I'vtS l(~ V V V V ~ Page 3 of3 U:\A TTORNEY\DRAFT Resolutions\Corr. Scriveners Error, La Mansion.DOC BILZIN SUMBERG BAENA PRICE & AXELROD LLF' .... PAR'l"N!:RSHIF OF" PROF"CSSIONAL ASSOCIATIONS <:00 SOL!TH 81~CAYNIO: 80wLIO:VARD, SUITE 2500. MIAMI, FI.ORIDA 3~1-'!1-5~"'O 7~1.l;:PHONe:; (305) .374-7ElBO - FAX: (305) 37"'.7593 E-"'-AIL: INFO~eILZIN.COM . WWw.F.lILZ:N.COM STANL.E:'i 8. PRICE, P.A. D I" '::CT 0 IA~ 1:305) 350-2374 E:-"'.AIC sprice<lllbilzin.com October 30. 2003 VIA FACSIMILE Mr. Jorge Vera Planning & Zoning Administrator City of SUlmy Isles Beach 17070 Collins Avenue, Suite 250 SUn.T1Y Isles Beach, FL 33160 Re: La Mansion, LLe Zoning Resolution No: 03-Z-75 Dear Mr. Vera: It has come to our attention that the above-styled Zoning Resolution., as well as the formal advertisement relating 10 the application of La Mansion, LLC (22003-06), does not accmate1y reflect the official action of the City Commission in approving Resolution No. 03-Z- 75. Both the fonnal adveI1ising and the Zoning Resolution contradict the clear and self- evident provisions of the site plan that clearly indicate that an additional 54,000 +/- square fooiage would be rransferred to the site pursuant to the FAR Bonus of 1.00, as well as the purchase of Transfer Development Rights, pursuant to the City's Code of Ordinances. PurSlll:'tnt to condition A.3., 1111:.: City Commission ruled that the approval of the plan, be substantially ill accordance and consistent with the site plan presented at the City Commission hearing on July 17, 2003, entitled "Regalia Tabular Data" and II Lobby and Garage Level Lighting Plan", prepared by the Sieger Suarez Architectural Partnership dated revised 7-1-03, consisting of 3 sheets, plans entitled "Regalia", prepared by the Sieger Suarez Architectural PanneTship COJ1.sisting of 25 sheets dated revised 4-04-03 clearly evidences the actual square footage 10 be transferred to the site. 11J addition to the foregoing, the 54,000 +/- square feet to be transferred to the site, is consistent with the City's Land Development Regulations and does nor evidence tbe need for any variances from the' clear provisions of the City Code. It is clearly within the purview of the City Commission to approve a plan of development consistent whh the Land Development Regulations" The addition.ill square footage, which is erroneousJy labeled the 38,847 square feet of development rights from the City, belies the actual submittal by tlle applicant and tile plans approved by the City Commission. \7.1420\138%\ 'F 649010 v I 10/30/03 10: I R AM BILilN SUM BERG 8AENA PRICE & AXEL-ROD LLP My. .1 orge Vera October 30,2003 Page 2 We would respectfully request a revised Zoning Resolution consistent with the plans submitted and reviewed by the CiTY'S outside consultants or, iD :l1C altemative, re-notice a publk heariDg in order to rectify the inconsistency between the approved plans and the [0n11aJ advertisement advertised in a newspaper of general circulation. It is important to note that all aspects of the development plan, including height, density, setbacks and lot coverage are an addressed by the City's professional staff consiste11t with the 54,000 +/- request of the applicant. We thank you for your kind and expeditious attentiol1 to this marter. Very Duly yours, SBP:cm cc: Lynn Dannheisser, City Attorney Gene Stearns, Esq. Jerry Kaufman Abraham Cohen RESOLUTION NO. 03-Z-75 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICATION SUBMITTED BY LA 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 Rights are 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 public, particularly as it affects the stability and appearance of the community. 03-Z-75 La Mansion, LLC Reso JLV/ cd Rev.HO/jb 7/9/03 1 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 38,847 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 detennined 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 formally adopted subsequent to this particular approval. Upon approval of the application for transfer of development rights, the development approval shall become final. H the application for development rights is denied by the City Commission, this approval shall not become final. 2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting a site approval for a 42 story, 40-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. III CONDITIONS A. Conditions to be completed before buildin2 permits are issued or any construction commenced 1. Assuming approval at the hearing set forth in Section II 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 ("TDRs"). value before issuance of any building pennits (demolition, sales trailer pennit does not constitute a building pennit). The applicant shall pay the amount determined by the City based on the appraisal for the transfer of thirty-eight thousand eight hundred forty-seven square feet (38,847sq.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-Z-75 La Mansion, LLC Reso IL VI ed Rev.HO/jb 7/9/03 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 July 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 form 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 03-Z-75 La Mansion. LLC Reso ILVI ed Rev.HO/jb 7/9/03 Total 1.00 FAR 3 $ 332,920 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 permits 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 his/her 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 a building permit (demolition, sales trailer permit 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 such account in an amount to be determined by the City Manager or his designee, based on his/her 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 (1/3) 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-75 La Mansion, LLC Reso JLVI eel Rev.HO/jb 7/9/03 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 permit 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. B. Conditions to be completed before any Certificate of Occupancy is issued. 1. That the Applicant demonstrates that they are in compliance with all terms and conditions under this approval. 2. Applicant shall pay all fees related to the review of the application described herein 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 terms 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 permit 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 permit approvals. 4. That the Applicant shall submit a Declaration of Restrictions, in recordable form, acceptable to the Planning and Zoning Administrator prior to submittal for an application for building permit, 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 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. 03-Z-75 La Mansion. LLC Reso JLV/ cd Rev.HO/jb 7/9/03 5 IV. SEVERABILITY AND EFFECTIVE DATE. 1. 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 herewith shall be and hereby are repealed. 2. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 17th day of July 2003. By: CH, FLORIDA Moved by: ",ce.. ~~O.". E4e.\c.up C () tv\WUss, b I\J e'R... ~~W\AtU VOTE: 5-0 Mayor Samson Vice Mayor Edelcup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman Second by: ~es _no 0es no ~s no ~s no yes _no 03-Z-75l.a Mansion,lLC Reso JLV/ cd Rev.HO/jb 7/9/03 6 STATE OF FLORIDA ) )88: 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-2S adopted by the City Commission at its meeting held on the -J 7-M day of Issued: ..J~ 2 <6) 2.00 3 \ .. 7 OF SUI< TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 ] 60 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner Police Chief Fred Maas, Interim City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM Jorge L. Vera, Assistant City Manager ~ I?J Priscilla Walker, Deputy City Clerk February 23,2006 La MansionlRegalia Scrivener's Error Correction Resolution At its regular meeting of February 16, 2006, the City Commission adopted Resolution No. 2006-890, which corrected a scrivener's error in Resolution No. 03-2-75 (zoning application for 19505 Collins A venue). Attached is a copy of the approving resolution for your files. Thank you. :pw Attachment cc: Police Chief Fred Maas, Interim City Manager (memo only) Hans Ottinot, City Attorney (memo only) Lamanoion - Regalia Scri\' Err Corr Reoo Trans Memo