Loading...
HomeMy WebLinkAboutReso 2009-1369 RESOLUTION NO. 2009- 13"Cf A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DENYING A REQUEST FOR A CONDITIONAL APPROVAL FOR CONSTRUCTION STAGING SUBMITTED BY SUNNY ISLES DEVELOPMENT CO., LLC TO ALLOW CONSTRUCTION ST AGING; AUTHORIZING THE CITY MANAGER 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, however, the 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, Sunny Isles Development Co., LLC has requested a waiver of the staging in vacant lots limitations for the Paramount vacant lot site located at 16901 Collins A venue to allow for the construction staging at the vacant lot for a period of six (6) months to allow the construction of the Jade, and Jade Beach buildings located on the North side of the property and within the required 300' distance; and WHEREAS, the City Commission has considered the waiver request submitted by Sunny Isles Development Co., LLC and have denied the request. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Denial of Conditional Waiver. The City Commission hereby denies the request for a conditional approval of the Construction Staging to Sunny Isles Development Co., LLC. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of January 2009. 4t:?t J R2009- Sunny Islcs Dcy Co Dcnial Of Cond Approyal Pagc 1 of 2 ATTEST: ~AL Jane A. Hines, City Clerk Vote: 5-0 Mayor Edeicup Vice Lewis Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl R2009- Sunny Islcs Dc\' Co Dcnial Of Cond ^ppr<)\'al Pagc 2 of 2 Moved by: V 'u. r"f\~Dt" Trt V\1.-0'? Seconded by: (11) Yvwv"\'\ '5, ~\()Y\)W ~'t:)l-n'ftV L./ (Yes) ~(Yes) ~(Yes) v (Yes) V'(Yes) _(No) _(No) _(No) _(No) _(No) TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney 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 January 15, 2009 Construction Staging Sunny Isles Development Co., LLC RECOMMENDATION: It is recommended that the City Commission approve the attached Resolution providing for a conditional waiver of Ordinance No. 2008-304 construction staging regulations for Sunny Isles Development Co., LLC. REASONS: The Community Development Department received a request from Sunny Isles Development Co., LLC, to establish construction staging at the Paramount vacant lot property located on the South side of the Jade Beach 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 Jade is employing their property for staging purposes related to the construction of the Jade Towers. The Department is aware that this type of staging has been in place prior to the establishment of the Ordinance, and now a requirement is in place such that the property owner is required to obtain a permit from the City of Sunny Isles Beach and pay a mitigation fee. The type of work that is being performed at the Jade buildings merits the use of the vacant property to stage the construction material and equipment. The City Manager also feels that a mitigation fee of $4,000.00 per month for a period of six (6) months for a grand total of $24,000.00 shall be paid by the Applicant, to the City of Sunny Isles Finance Department Agenda Item No.: 10 J-15-oQ Funding a,'aibble: To be com leted bv City Clerk's Omce Cover Memo Sunny I sIcs De\' Co Constnlction Sta!,~ng Site Re'l Commission Meeting Date: Beach to continue the staging, as required under Ordinance No. 2008-304, Section 6 (B) (2). The City Manager 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. We also request that any additional time request will require the approval of the City Commission. This action will facilitate and expedite the construction of the Jade, and Jade Beach Towers. ii ARK DEVELOPERS I NC 701 W Cypress Creek Road, Suite #303 Fort Lauderdale. FL 33309 TeI954.707.5000 Fax 954.707.5001 CON..., RUCIIUN )\\ANA<.ilMlN I . LlI...IGN/UUILO Fax To: Robert Solera From: Sean Tanner Company: City of Sunny Isles Beach Pages: 1 Fax: 305-792-1565 Date: 11 /26/08 Re: Sunny Isles Dev CO. LLC CC: Vacant Lot - Waiver o Urgent o For Review o Please Comment 0 Please Reply o Please Recycle MESSAGE: Robert- Please take this letter as a request for a waiver of fee for our vacant lot at 16901 Collins Ave. At this time we are requesting for the approval to rent our site to the JADE property for staging. From our discussions. you informed me that this request needs to go in front of the city commission for approval. Please let me know what I need to do to move this forward. I can be reached on my cell at 954-445-1147. Sincerely- Sean Tanner THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS INFORMATION INTENDED FOR THE USE OF THE INDIVIDUAL OR THE ENTITY NAMED ABOVE. IF THE RECIPIENT OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE NOTIFY US BY TELEPHONE. THANK YOU.