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