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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 , . . ATTEST: ' _.~t\~ Jane A. Hines, CMC, City Clerk .', /' , :1 ,....... 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 o 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 2 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 -- 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 -. , : .' 7 Preview 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