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HomeMy WebLinkAboutReso 2010-1512 RESOLUTION NO. 2010-l.5.1h A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING RESOLUTION NO. 09-Z-119, BY EXTENDING THE TIME REQUIRED TO OBTAIN A BUILDING PERMIT PURSUANT TO ZONING APPLICATION SUBMITTED BY ARIE SUNNY ISLES, INC. (THE "APPLICANT"), (Z2009-04), ON THE PROPERTY A/K/A ONE NET ANY A CENTRE, LOCATED AT 323 SUNNY ISLES BEACH BOULEVARD, IN ACCORDANCE WITH SECTION 265-11(L) OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Arie Sunny Isles, Inc. (the "Applicant") received a development approval on November 19, 2009 (Resolution No. 09-Z-119 attached hereto as Exhibit "A"); and WHEREAS, the Applicant's development approval expires within twenty-four (24) months from the date of approval; 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, the Applicant is requesting additional time to allow them to obtain the permit and finalize the financing for the project; and WHEREAS, the Applicant is requesting additional time to allow them to obtain the permit and finalize the financing for the project; and WHEREAS, the extension is subject to the property being landscaped in accordance with the City Code within a reasonable period of time. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals stated above are hereby incorporated herein. Section 2. Extension of the Approval Period. The development approval issued to the Applicant shall be extended for a time period not to go beyond November 19,2013 subject to landscaping being completed on that property within a reasonable amount of time. Section 3. Authority of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution is effective upon adoption. R201O- Arie Sunny Isles LLC Extension to get Bldg Permit Page I of2 ~ PASSED and ADOPTED this 21 st day of January 2010. ATTEST: . ~~L Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND S FICIENCY: VOTE: S-{) Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl JLYes _no .1.LYes_no ---0es no ~~s _no -.0es_no R201O- Arie Sunny Isles LLC Extension to get Bldg Permit Moved by: en ~Gbtm1~ Second by: ~ l Ul m~y WftLl(:JIG Page 2 of2 1 --" RESOLUTION NO. 09-Z- 119 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICATION SUBMITTED BY ARIE SUNNY ISLES, INC. (Z2009-04) FOR THE CONSTRUCTION OF A 7 STORY OFFICE BUILDING AT 323 SUNNY ISLES BEACH BOULEVARD SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, on November 19, 2009, the City Commission of the City of Sunny Isles Beach conducted a public hearing on the site plan application (Z2009-04) submitted by Arie Sunny Isles, Inc. (the "Applicant") for the following, 1. The Applicant is seeking a site plan approval for the construction of a 7-story building containing 38,181 square feet of office use and 5,542 square feet of ground floor retail use at 323 Sunny Isles Beach Boulevard, comprising 0.46 acres (20,000 square feet); 2. The Applicant is also seeking the following variances: 3. a variance to permit the proposed project with a lot coverage of 89% where 80% lot coverage is permitted; b. a variance of setback to permit the pedestal to setback of 0' -0" where 20'-0" is required from the south property line, and 0' -0" where 1 0' -0" is required from the east and west property line; and c. a variance of setback to permit the tower to setback 10'-0" to 15'-0" from the pedestal where 20' -0" is required. LOCATION: 323 Sunny Isles Beach Boulevard, Sunny Isles Beach, Florida 33160 And, WHEREAS, the public hearing 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 Zoning Director; and WHEREAS, notice has been provided to all interested parties and neighboring jurisdiction regarding the application; and One Netanya Center - 323 Sunny Isles Beach Blvd. 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 is in compliance with the Land Development Regulations and the Comprehensive Master Plan of the City and maintains 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: II. INCORPORATION OF RECITALS All recitals are incorporated into the body of this Resolution as if same were fully set forth herein. III. APPROVALS The site plan application submitted by the Applicant for site plan approval for the construction of a 7-story building containing 38,181 square feet of office use and 5,542 square feet of ground floor retail use at 323 Sunny Isles Beach Boulevard is hereby approved subject to all of the conditions provided in Section IV of this Resolution. IV. CONDITIONS A. Conditions to be completed before below e:rade or buildine: permits. includine: foundation permits. are issued or construction of any nature is commenced (1) The Applicant shall submit any and other documentation and payments required by the City to effectuate the transfer of development rights (if applicable) and further procedures being developed to effectuate this program, notwithstanding the fact that such procedures may be formally adopted subsequent to this particular approval, prior to submitting for building permit. (2) Upon the submittal of an application for 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 Section 265-18 of the Code of the City of Sunny Isles Beach, the Applicant shall be required to obtain another approval of the City Commission. (3) That a plot plan be submitted to the Planning and Zoning Administrator, landscape Architect and Planning Consultant including their in-house experts, for their review. One Netanya Center - 323 Sunny Isles Beach Blvd. 2 ;0 (4) Prior to issuance of a building permit, the Applicant shall provide a signage and marking plan and identify all proposed signs and pavement markings for the site either on the signage plan, or the site plan. (5) That the Applicant comply with all conditions and permit requirements of the Department of Environmental Resource and Management (DERM), the Miami-Dade County Fire Department (MDFD), Water and Sewer Department, Department of Environmental Protection (DEP), Florida Department of Transportation (FDOT). (6) That all overhead utilities adjacent to the public right-of-way on the Project site shall be placed underground in order to insure the public safety during an evacuation procedure and to insure the ability of the City to restore public utility service subsequent to a storm event. (7) The Applicant will use its efforts to mm1m1ze vibration and nOise during the construction of the project. (8) That the Applicant has submitted all documents required under this Resolution and all impact fees, bonuses, and transfer of development right monies, if applicable and professional fees in accordance with Chapter 267 of Code of the City of Sunny Isles Beach. (9) That in the event of easements dedicated to the City hereunder shall be maintained in a continuous and satisfactory manner, without expense to the general taxpayers of the City of Sunny Isles Beach. A copy of this Resolution shall be recorded at the expense of the Applicant, the original of the recorded Resolution shall be delivered to the City, and a copy of this Resolution and other recorded documents shall be included in any documents recorded for this project. (10) No building permits shall be issued (except for demolition and sales trailers) unless the Applicant has submitted all documents required under this approval and shall have paid all impact fees, bonuses and Transfer of Development Rights, and all professional fees (as per Chapter 267 of the Code of the City of Sunny Isles Beach) have been paid. (11) The Applicant agrees to pay $264,000.00 for 24 parking spaces pursuant to the Public Parking Bonus Ordinance 2009-334, adopted on October 15,2009. B. Conditions to be completed before any Certificate of Occupancy is issued (1) That the Applicant demonstrates that it is 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. One Netanya Center - 323 Sunny Isles Beach Blvd. 3 (3) Pursuant to Section 267-4 of the Code of Sunny Isles Beach, the City Manager and lor his/her designee in review of any application, may 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 within 30 days on submission of City voucher. (4) Pursuant to Section 267-5 of the Code of Sunny Isles Beach, at the time of submission of any application or thereafter, it is required that an escrow account be established, from which withdrawals shall be made to reimburse the City for the cost of professional review services, if any. The Applicant shall then provide funds to the City for deposit into such account in an amount to be determined by the City Manager, 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 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 or Certificate of Use and Occupancy 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. (5) That Applicant shall furnish payment and performance bond in an amount determined by the Building Official to ensure Applicant's performance of public improvements required pursuant to site plan approval and in accordance with recommendations of the Building Official after review of construction plans submitted based on development approval granted herein. Any such bond shall be issued by a surety having a minimum rating of A-I in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of written notice from the issuer of the bond of intent to cancel or not to renew". As improvements are made by the City, within its discretion, may reduce or eliminate the bond amount. These rights reserved by the City with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the City may have under this Resolution, in law or in equity. (6) That under grounding of utilities shall be accomplished as mandated by Section 250-09 through 250-16 of the Code of the City of Sunny Isles Beach and the City Streetscape Master Plan. If not otherwise funded by the Collins Avenue Streetscape contribution One Netanya Center - 323 Sunny Isles Beach Blvd. 4 - provided in Section 265-35, this shall include the purchase, replacement and installation of light poles that conform to Streetscape Master Plan requirements. (7) That paving within the front setback shall consist of pavers or other decorative materials approved by the Building Official. Under no circumstances shall asphalt concrete or plain concrete be utilized as paving in the front setback. (8) That the Applicant complies with Chapter 104 (Art in Public Places) of the Code of Sunny Isles Beach, as amended. C. Other Conditions (1) That the Applicant shall obtain 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 twenty four (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. Developer may request extension in accordance with Code Section 265-3(b)(6). (3) That the Applicant shall comply with all City Ordinances applicable to development and permit approvals. (4) The Applicant shall comply with the City Ordinance 2009-336 as it relates to installation of carbon monoxide monitors to sensor the ventilation systems of carbonize monoxide from the enclosed parking. (5) That this Resolution and all conditions contained herein shall be binding upon Applicant, its successors and/or assigns. NO BUILDING PERMIT SHALL BE ISSUED (EXCEPT FOR DEMOLITION AND SALES CENTER) UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMP ACT FEES, BONUSES AND PROFESSIONAL FEES (AS PER SECTION 267.4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICALBE LAND DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS (IF APPLICABLE), OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THA T THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III HEREINABOVE HAVE BEEN TRANSFERRED. One Netanya Center - 323 Sunny Isles Beach Blvd. 5 .... 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. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. V. 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 19th day of November 2009. CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commission By: Norman S. Edelcup, Mayor ATTEST: Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Hans Ottinot, City Attorney One Netanya Center - 323 Sunny Isles Beach Blvd. 6 VOTE: Mayor Norman Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl One Netanya Center - 323 Sunny Isles Beach Blvd. -yes -yes ---yes ---yes _yes .... Moved by: Second by: no _no no no _no 7 .... , . ST ATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) I, JANE A. HINES, 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. 09-Z- adopted by the City Commission at its meeting held on the 19th day of November 2009. Issued this _ day of November, 2009. Jane A. Hines, CMC, City Clerk One Netanya Center - 323 Sunny Isles Beach Blvd. 8 Preview TO: FROM: DATE: RE: Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM The Honorable Mayor and City Commission Jorge L. Vera Assistant City Manager 1/21/2010 Extension of Time for Development Order RECOMMENDA TION: The attached Resolution is submitted to the City Commission for their consideration and approval. REASONS: On November 19, 2009 under Resolution Number 09-Z-119 the City Commission approved a development order for an office building located on Sunny Isles Blvd. That development order expires on November 19,2011. Due to the economic slowdown, the applicant Ari Steiger is requesting an additional 2 years be added to the approved development order. If this Resolution is approved, the development order approved under Resolution 09-Z-119 would then expire on November 19,2013. ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID= 166&MeetingID=0&MeetingDate... 1/14/20 I 0 City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner City Monager Ha ns Otti not City Attorney Jane A. Hines City Clerk January 28,2010 Arie Steiger Arie Sunny Isles, Inc. 262 Atlantic A venue Sunny Isles Beach, FL 33160 Re: Time Extension to Obtain a Building Permit Dear Mr. Steiger: At its Regular City Commission Meeting on January 21, 20 I 0, the City Commission of the City of Sunny Isles Beach approved Resolution No. 2010-1512, which extends the time required to obtain a building permit pursuant to zoning application submitted by Arie Sunny Isles, Inc., for the property located at 323 Sunny Isles Boulevard. Attached is a copy of said resolution for your records. .,. Mauricio Beta ur Assistant City Clerk Enclosures cc: Rick Conner, City Manager (w/o attachments) Hans Ottinot, City Attorney (w/o attachments) Jorge L. Vera, Assistant City Manager/Services (w/o attachments) Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Arie Sunny Isles, Inc. Time Extention for Zon Reso Trans Ltr