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HomeMy WebLinkAboutReso 2008-1348 RESOLUTION NO. 2008- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A REQUEST FOR CONSTRUCTION STAGING SUBMITTED BY AQUALINA / LA PLAYA DE V ARADERO HOMEOWNER'S ASSOCIATION TO ALLOW CONSTRUCTION STAGING NOT TO EXCEED A TOT AL OF SIX (6) MONTHS TIMEFRAME; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2008-304 of the City Code prohibits the use of vacant lots for construction staging; and WHEREAS, Ordinance No. 2008-304 of the City Code provides that the use of vacant lots for construction staging limitations may be waived where exceptional circumstances exist, subject to certain conditions deemed necessary to protect the public health, safety and welfare; and WHEREAS, the Acqualina / La Playa de Varadero Homeowner's Association has requested a waiver of the staging in vacant lots limitations for the Acqualina construction site located at 17749 Collins Avenue to allow for the construction staging at the vacant lot for a period of six (6) months or the extent of the permit life to perform the necessary work in the Acqualina Hotel located on the North side of the property and within the required 300' distance; and WHEREAS, the Acqualina / La Playa de Varadero Homeowner's Association in accordance with Ordinance No. 2008-304 of the City Code, has agreed to provide the City of Sunny Isles Beach a mitigating fee as established by the City Manager for the period of six (6) months and an additional mitigation fee if the necessary time exceeds the original six (6) month period; and WHEREAS, the conditions set forth in Ordinance No. 2008-304 of the City Code are incorporated herein by reference; and WHEREAS, the City Commission has considered the waiver request submitted by the Acqualina / La Playa de Varadero Homeowner's Association and the recommendation of the City Manager. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: R2008- ACljuauna Construction StagingAcljualina / Playa de Varadero Construction Staging Page 1 of 3 Section 1. Incorporation of Recitals. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution hereof. Section 2. Approval of Waiver. The City Commission hereby grants a conditional approval of the Construction Staging to the Acqualina / La Playa de Varadero, subject to the following conditions: (a) Acqualina / La Playa de Varadero shall pay a mitigation fee as established by the City Manager in the amount of $2,500 per month for a period of six (6) months for a total of $15,000 to be paid prior to commencing the use of the vacant property for staging purposes. This mitigation fee shall be used for costs associated for cleanup of public properties near the staging site; (b) That the surrounding exterior area of the staging lot must be kept in a neat and clean condition in accordance with the requirements of the Chapter; (c) That the construction staging will be limited to the work to be performed under permits B2008-1858, PL2008-310, EL2008-614, MC2008-294, and MC2008-295; (d) That the approval of the construction staging will be valid for a period of (6) six months from the date of the approval; (e) That the Applicant shall commence the necessary work in the vacant lot to comply with the requirements of the vacant lot / park like requirements of the Code, on the next day following the expiration of this approval; (f) That further extensions will require the approval of the City Commission. Section 3. Authorization of City Manager to Revoke Waiver. The City Manager is hereby authorized to immediately revoke this conditional waiver if Acqualina / La Playa de Varadero fail to comply with the conditions outlined in this Resolution and Ordinance No. 2008-304 of the City. Section 4. Authorization of City Manager and City Attorney. The City Manager and the City Attorney have the authority to do all things necessary to effectuate this Resolution. Upon revocation, this Resolution shall become null and void. Section 5. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of November 2008. ATTEST: ~~ Jane A. Hines, CMC, City Clerk R200B- ACljualina Construction StagingAcljualina / Playa de Varadero Construction Stah~ng Page 2 of 3 r------ APPROVED AS TO FORM AND LEGAL, FF IENCY: / Moved by: V \ U YY\ ~O'\ 1\i 1\1...€1L c1~ ~R.ceZ.l,j Seconded by: Vote: ~-D Mayor Edelcup Vice Lewis Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl v(Y es) ~(Yes) (/ (Yes) ~Yes) y (Yes) _(No) _(No) _(No) _(No) _(No) R2008- Acqualina Construction StagingAcqualina / Playa de Varadero Construction Staging Page 3 of 3 TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 City Commission Norman S. Edelcup, Mayor Lcwis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, CMC City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Jorge Vera, Assistant City Manager Robert C. Solera, Community Development Director November 18, 2008 Construction Staging Acqualina / La Playa de Varadero Condominium Association RECOMMENDATION: It is recommended that the City Commission approves the attached Resolution providing for a conditional waiver of Section 2008-304 construction staging regulations. REASONS: The Community Development Department received a request from Acqualina / La Playa de Varadero, to establish construction staging at the La Playa de Varadero vacant lot property located on the South side of the Acqualina building. The code requires that any deviation or waiver be approved by the City Commission. The code also requires that all staging be performed in a location within 300' of the construction site. The Applicant has indicated on his cover memo that the work to be performed will be the remodeling of the Bar and Grill Kitchen area of the Hotel under permits B2008-1858, PL2008- 3 IO, EL2008-614, MC2008-294, and MC2008-295. The Department feels that the type of work that needs to be performed at the Acqualina building merits the use of the vacant property to stage the construction material and equipment. City Management recommends a mitigation fee of $2,500.00 per month for a period of six (6) months for a grand total of $15,000.00 shall be paid by the Applicant, to the City of Sunny Isles Beach before any staging takes place, as required under Ordinance 2008-304, Section 6 (B) (2). Funding ayailablc: Finance Dcpartmcnt Commission 1\fccting Datc: Agenda Itcm No.: Coycr Memo j\cqualina Construction Staging Sitc Rcqucst City Management is also requesting a condition to the approval, which will require the Applicant to commence the necessary work to convert the vacant lot into a park like setting as required by the Ordinance above, to commence the day after the expiration of the staging approval. It is also recommended that any additional time requests will require the approval of the City Commission. This action will facilitate and expedite the remodeling that will be undertaken by the Applicant in the Acqualina building. TO: FROM: DATE: RE: 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 i'l:orman S. Edelcup, A/ayor I.ewis ,/, Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl. Commissioner A. ,John Szerlag, City Manager Hans Ottinot, Cily /llIomey ,Jane A. Hines, CiI)' Clerk MEMORANDUM November 18, 2008 The Honorable City commri A. John Szerlag, City Mana~~r Operational Definition of a Park-Like Setting With reference to Item lOH, Construction Staging/or Acqualina/La Playa de Varadero, a park- like setting will be installed after construction staging is complete. Our Ordinance indicates that at a minimum, the park-like setting must be grass covering the entire lot. In addition, we will assure an area free of debris, well maintained grass, and high-end fencing. AJS/iw cc: Jorge L. Vera, Assistant City Manager, Services Department Robert Solera, Community Development Director Jane Hines, City Clerk Priscilla Walker, Deputy City Clerk l\t;){::>l"TIOfVAL / N Fa Agenda Item I b +-\ (:ommi,,;on - Or'"Lllional Delinit;"n (11" ,\ I'ark-I ,ike Setting ,\lcmo Date l- l <l - Ol? O~b. 206<g- 3bY (B) Approval of Plan. The Enfc)f"(,;ement Officer shall review the proposed vacant lot or building plan in accordance with the standards below. The Enf()rcement Orneer shall send notice to the owner of the vacant lot or building of his determination, In considering a plan. the Enforcemcnt Officer shall consider the following t~lctors: (1) The purposes of this Chapter and intent of the City Council to rninimize the time a lot or building is vacant. (2) The eaect of the lot or building and the proposed plan on adjoining property. (3) The length of time a lot or building has been vacant. (4) The presence of any public nuisances on the property. (5) "l'he likelihood that the plan or portiones) thereof will prevent or ameliorate the condition it is designed to address. (C) Compliance with Plan. Failure to have an approved plan within thirty (30) days of filing the registration form or failure to comply with the approved plan shall constitute a violation of this Chapter subjecting the o\vner of the lot or building to penalties as provided in this Chapter and to any remedies the City may avail itself of as provided for herein and elsewhere in the City Code, including but not limited to. an action to compel correction of property maintenance violations. SectiorU~. Mnj)) tenanc9.... S tandar~i5..: The owner of a vacant lot or building will take such steps and perfc)['lll such acts as may be required of him or her fi'om time to time to ensure that the lot or building and its adjoining yard remain safe and secure and do not present a hazard to the adjoining proper1y or the public. Owners will be responsible for maintaini ng their lots and bui Idings so that they do not become an unoccupied hazard. (A) Vacant Lot: The owner protects and maintains the lot as follows: (n The owner will not permit garbage and solid waste to accumulate on the propc11y. (2) Unsafe Buildings and structures shall be demolished. (3) Junked materials. construction equipment. or construction materials will not be stored on the lot. (4) The owner shall maintain the lot in a park like setting provided that a landscape plan is approved by the City Manager or designee. At a minimum, the park-like setting must be grass covering the entire lot. The City l'vlanagcr may waive the annual registration fee iflhe o\vner agrees to maintain the lot as a park like selling. Vacant Property ReglslratJol1 DId. Page (, of I () Page 1 of 1 Priscilla Walker From: Sent: To: Priscilla Walker Wednesday, December 10,200810:32 AM Helena Forbes Cc: Jane Hines Subject: Aqualina/La Playa De Varadero Staging This is to confirm that Jane has provided two copies of Resolution 2008-1348, which approved the above- referenced item, and that your department will handle all aspects pertaining to payment. Thank you. Prisci{fa Wa{kJr, CMC Deputy City Clerk/Office Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 (305) 792-1703 Phone (305) 949-3113 Fax www.sibfl.net 12/10/2008