HomeMy WebLinkAboutReso 2009-1496
RESOLUTION NO. 2009-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING RESOLUTION
NO. 07-Z-112, EXTENDING THE TIME REQUIRED TO OBTAIN A
BUILDING PERMIT PURSUANT TO ZONING APPLICATION
SUBMITTED BY OCEANIC DEVELOPMENT, LLC, (THE
"APPLICANT"), (Z2007-01), ON THE PROPERTY LOCATED AT
18915, 18925, 18955, 18965, 18985, 19001, 19025, 19035 ATLANTIC
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, the Applicant received a development approval on November 15, 2007
(Resolution No. 07 -Z-112 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.
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 May 15, 2010.
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 Resolutio~ is effective upon adoption.
PASSED and ADOPTED this 19th day of November 2009.
R2009- Oceanic Development Exlension
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ATTEST: '
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Jane A. Hines, CMC, City Clerk
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VOTE: 5-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
.JL..yes _no
-.0es_no
-0es no
t/Yes-no
JL5res _no
R2009. Oceanic Development Extension
Moved by: ~(tp. O'\~D~ 1H~P
Second by: c.~YV\tW\IS$I~lU~~~7_'~
Page 2 of2
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OCEANIC DEVELOPMENT, LLC.
November 1 2, 2009
City of Sunny Isles Beach
Planning & Zoning Division
1 8070 Collins Avenue.
Sunny isles Beach, Florida 33160
Attn: JORGE VERA
Re: Extension Request
18915,18925,18955,18965,18985,19001,19025, 19035 Atlantic Boulevard
Sunny Isles Beach, Florida
Dear Mr. Vera,
We're requesting a six month extension of the site plan approval granted by the City
Commission thru resolution No 07-Z-112. We are close to obtaining the building permit
but need some time to finalize some minor administrative issues.
Thank you for your assistance.
Sincerely,
MIKE STROH
Oceanic Development, LLC
17100 COLLINS AVE. SUITE 220 - SUNNY ISLES BEACH - FL - 33160
PHONE: 305-940-0555 . FAX: 1866-295-3579 .
RESOLUTION NO. 07-Z-JJ..2>
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLO.RlDA, C-ClTY") APPROVING THE
ZONING APPLICATION SUBMITTED BY OCEANIC DEVELOPMENT,
LLC (THE "APPLICANT"), PURSUANT TO. SECTION 265-18 OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF SUNNY
ISLES BEACH ("LDR's"), FOR. THE DEVELOPMENT OF
"OCEANIKA", A 20-UNIT TOWNHOUSE PROJECT; PROVIDING FOR
THE RELEASE OF DECLARATIONS OF RESTRICTIONS; PROVIDING
FOR AN AMENDMENT OF RESOLUTION NO. 2003-511 TO RELEASE
THE WEST 10 FEET OF THE VACATED ALLEY; AND PROVIDING
THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, on July 2, 2007, OCEANIC DEVELOPMENT, LLC, (the "Applicant")
submitted an application to the City of Sunny Isles Beach, Florida ("the Application") (Z2007-0 I
(a)), requesting the following:
I) Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the applicant is requesting site plan approval for a 20-unit townhouse
development consisting of four buildings each containing five units.
2) Release of Declaration of Restriction recorded on Official Record Book (ORB) 3049 Page
139 dated August II, 1948, only as it applies to the subject propelty.
3) Release of Agreement recorded on ORB 3356 Page 449 dated November 3, 1950, only as it
applies to subject property,
4) Release of Declaration of Restriction recorded on ORB 3972 Page 328 dated August 30,
1954, only as it applies to the subject property.
5) Release of the West 10' of a vacated alley approved by the City of Sunny Isles Beach, City
Commission under Resolution No. 2003-511 passed and adopted on February 20, 2003.
Plans are on file and may be examined in the Planning and Zoning Department for "Oceanic
Development, LLC." entitled "Boundary Survey" prepared by FOItin, Leavy, Skiles, Inc. dated
02-05-07, consisting of 2 sheets and plans entitled "Oceanika" prepared by Charles O.
Buckalew, P.E. consisting of 21 sheets stamped revised 10-09-07, including Cover Sheet and
plans entitled "Site Plan SP-l" "Detailed Site Plan SP-2" "Details D-l" "Photometric Plan PH-l"
"Floor Plans A-l.O" "Floor Plans A-l.l" "Floor Plans A- 1.2" "Floor Plans A-l.3" "Roel Plan A-
lA" "Exterior Elevations A-2,O" "Cover Sheet C-O" "Paving, Grading & Drainage C-l"
"Paving, Grading & Drainage C-2" "General Notes & Details C-3" "Water Plan C-4" "Water
Plan C-5" "Water General Notes & Details C-6" "Sewer Plan C-7" "Sewer Plan C-8" "Sewer
General Notes & Details C-9" and plans entitled "Planting Plan L- I" "Existing Tree Plan L-2"
prepared by Dave Bodker, Landscape Architecture/Planning Inc. stamped revised 10-05-07,
Z2007-01(a) Oceanika EDe
consisting of2 sheets. Plans may be modified at public hearing.
Legal:
Lots 2 & 3, Block 3, OCEAN BOULEVARD ESTATES, SECTION "A", according to
the plat thereof as recorded in Plat Book 48, Page 39, together with the West Y2 of the
vacated alley, lying East of and adjacent to said Lots 2 & 3, and Lots 4, 5, 6, 7, 8, & 9,
Block 3, GOLDEN SHORES, OCEAN BOULEY ARD ESTATES, SECTION "B",
according to the plat thereof as recorded in Plat Book 51 at Page 15, together with the
West 12 of the vacated alley, lying East of. and adjacent to said Lots 4,5,6,7,8 & 9, all of
the Public Records of Miami-Dade County, Florida.
ADDRESSES:
18915,18925,18955,18965,18985,19001,19025, 19035 Atlantic Boulevard
WHEREAS, on November 15, 2007, the City Commission conducted a public hearing on
the Application as modified by the Applicant; and
WHEREAS, the public hearing of the City Commission was advertised and held as
required by law, all interested parties concerned in the matter were heard, and due and proper
consideration was given to the matter and to the positive recommendation contained in the joint
memorandum from the Planning and Zoning Administrator and the Planning Consultant; and
WHEREAS, notice was provided to all interested parties regarding the Application; and
WHEREAS, the City Commission reviewed the Application, the written and oral
recommendations of the Planning and Zoning Administrator and the Planning Consultant and all
outside consultants who render reports with respect to the Application, including the
recommended conditions, and found substantial competent evidence to support a showing by the
Applicant that the requests for the transfer of development rights and for site plan approval 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; and, fUlther, found that said requests should be
granted, subject to; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPLICABLE TO APPLICANT, ITS
SUCCESSORS OR ASSIGNS, 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 approvals set forth in this Section 1II are subject to all of the conditions set forth in this
Resolution.
Z2007-01(a) Oceanika lODC
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1. The Applicant's request for approval of its site plan for the Project known as "Oceanika"
is hereby granted and the site plan is hereby approved, subject to all of the conditions provided
herein, including but not limited to those conditions set forth in Section IV of this Resolution.
The failure to performance of any of these conditions shall be deemed a denial of this
Application.
2. The Applicant's request to release the Declaration of Restrictions recorded on Official
Record Book (ORB) 3049 Page 139 dated August 11, 1948, only as it applies to the subject
property is hereby granted.
3, The Applicant's request to release the Agreement recorded on ORB 3356 Page 449 dated
November 3, 1950, only as it applies to subject property is hereby granted.
4. The Applicant's request to release the Declaration of Restrictions recorded on ORB 3972
Page 328 dated August 30, 1954, only as it applies to the subject property is hereby granted,
5. The Applicant's request to release the West 10' of a vacated alley approved by the City
of Sunny Isles Beach, City Commission under Resolution No. 2003-511 passed and adopted on
February 20, 2003 is hereby granted.
IV. CONDITIONS
Conditions to be completed before 2rade or buildin2 permits are issued.
A. Conditions to be completed before below grade or building permits, including
foundation permits, are issued or construction of any nature is commenced.
(l) 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 City Code; the
Applicant shall be required to obtain another approval of the City Commission.
(2) That the project shall be developed substantially in accordance with the plans submitted for
the November 15, 2007, public hearing. Plans are on file and may be examined in the
Planning and Zoning Department for "Oceanic Development, LLC," entitled "Boundary
Survey" prepared by Fortin, Leavy, Skiles, Inc. dated 02-05-07, consisting of 2 sheets and
plans entitled "Oceanika" prepared by Charles O. Buckalew, P,E. consisting of 21 sheets
stamped revised 10-09-07, including Cover Sheet and plans entitled "Site Plan SP-l"
"Detailed Site Plan SP-2" "Details 0-1" "Photometric Plan PH-I" "Floor Plans A-1.0"
"Floor Plans A-I.I" "Floor Plans A-I.2" "Floor Plans A-l.3" "Roof Plan A-IA" "Exterior
Elevations A-2,O" "Cover Sheet C-O" "Paving, Grading & Drainage C-I" "Paving,
Grading & Drainage C-2" "General Notes & Details C-3" "Water Plan CA" "Water Plan
C-5" "Water General Notes & Details C-6" "Sewer Plan C-T' "Sewer Plan C-8" "Sewer
General Notes & Details C-9" and plans entitled "Planting Plan L-I" "Existing Tree Plan
Z2007-01 (a) Oceanika EDC
3
L-2" prepared by Dave Bodker, Landscape Architecture/Planning Inc. stamped revised 10-
05-07, consisting of2 sheets. Plans may be modified at public hearing.
(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. The
plot plan shall include all easements proffered by the Applicant to the City, including but
not limited to a non-exclusive ten foot (l0') utility easement for the underground of utilities
(the "Utility Easement"). The plot plan shall show the type and size of plant materials,
which shall be in compliance with the City's Streetscape Master Plan.
(4) That the Applicant shall submit a Declaration of Restrictive Covenants (the "Declaration")
in recordable form, in accordance with the Code of the City of Sunny Isles Beach,
acceptable to the City, prior to the issuance of a building permit. The Declaration shall
proffer the Utility Easement over, across, under and through the front of the property. The
Declaration of Restrictive Covenants shall specify that the proffered easement shall exist in
perpetuity.
(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), and Florida Department of Transportation (FDOT).
(6) That the Applicant shall submit plans for the construction of an appropriate barrier between
the construction site and adjoining properties in order to minimize the impact of the
construction site. The Applicant shall comply with Chapter 135 and Chapter 193 of the
Code of the City of Sunny Isles Beach relating to the construction site operations.
(7) The Applicant shall comply at all times with the City's temporary construction fence
ordinance and any amendments thereto. The Applicant shall comply with all City and
County ordinances relating to the hours of operation for construction commencement and
termination. The Applicant shall use its best efforts to minimize 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,
and other applicable Land Development Regulations due to the City have been paid.
(9) That in the event of multiple ownership, a master homeowner's and/or condominium
association shall be established in accordance with applicable regulations to insure that all
common areas and facilities for the residents, as well as all 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 condominium 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
Z2007-01(a) Oceanika EDC 4
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 has agreed to address or resolve all of the City's traffic engmeermg
comments prior to the issuance of a building permit.
(12) That the Applicant shall replat the parcels in accordance with the City Code and Miami-
Dade County Code.
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 of
this Resolution.
(2) That the Applicant shall pay all remaining fees related to the review of the Application
described herein and shall have paid all other fees due to the City.
(3) That pursuant to Chapter 267 of the Code of Sunny Isles Beach, the City Manager and lor
his/her designee in review of any application, may continue to refer the subject 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 a contractual agreement by and between
the City and such consultant and shall be a continuing obligation of the Applicant. 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 to
the City.
(4) 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 a 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, in accordance with recommendations of the Building
Z2007-0 I (a) Occanika EDC 5
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Official after review of construction plans submitted based on development approval
provided in this Resolution. 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 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 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) 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. The Applicant shall
coordinate with the City Manager on this issue.
(8) 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.
(9) That the Applicant shall provide enhanced landscaping, including but not limited to, the
creation of buffer landscaping around the rear and side walls of the proposed development.
(10) That the Applicant shall comply with Chapter 104 of the City Code ("Art in Public
Places"), which requires the developer of multifamily residential properties to pay into the
Public Art Trust Fund I % (one percent) of the estimated construction costs of the
development project, not to exceed $500,000.00 (five hundred thousand dollars), in lieu of
placement of an approved work of aI1. To comply with Chapter 104, the Applicant agrees
to contribute $100,000.00 (one hundred thousand dollars) to the Public Art Trust Fund,
which contribution shall be paid at the time of issuance of a the first certificate of
occupancy for the Townhouse project.
C. Other Conditions:
(l) 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 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,
Z2007-01(a) Occallika EDC 6
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
IMPACT FEES, BONUSES AND TRANSFER OF DEVELOPMENT RIGHTS TO THE
CITY (IF APPLICABLE) OR OTHERWISE PRODUCED EVIDENCE THAT THE
PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH IN SECTION III
HEREIN ABOVE HAVE BEEN TRANSFERRED, PROFESSIONAL FEES SECTION
267 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH, AND ALL OTHER
FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT
REGULA TIONS.
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, DO 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
l. If any section, subsection, clause of provision of this Resolution is held invalid, the
remainder shall not be affected by such validity. All Resolutions or parts of resolutions
in conflict herewith shall be hereby are repealed.
2, This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 15th day of November, 2007.
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
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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
TO:
The Honorable Mayor and City Commission
FROM:
Jorge L. Vera, Assistant City Manager/Service Division
DATE:
11/19/2009
RE:
Extension of Time for Oceanic Development
RECOMMENDATION:
This resolution is presented for your consideration.
REASONS:
On November 15, 2007 the City Commission approved a 20-unit townhouse
development within the Golden Shores community. Since then the applicant has been
working with staff and has submitted the plans for permit at the City's Building
Department. The permit is close to being finalized, however the 2-year period to acquire
a permit will expire November 15, 2009. The applicant is requesting a 6-month
extension to allow them to obtain the permit and finalize the financing for the
project. The applicant did not acquire any TDR or bonuses for the project, therefore
there is no need for an extension in those categories.
It is important to note that a new State law provides extensions of up to two (2) years for
a development order or permit which expires between September 1, 2008 and January 1,
2012.
ATTACHMENTS:
. Resolution
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID= 124&MeetingID=0&MeetingDat... 11/13/2009