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HomeMy WebLinkAboutZoning Resolution 17-Z-162 RESOLUTION NO. 17-Z- (402..- A RESOLUTION. OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING A SETBACK VARIANCE TO CONSTRUCT MONUMENT SIGN FOR THE MANSIONS AT ACQUALINA; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS WHEREAS, LPLA Partners, LLC (the "Applicant") is seeking approval to construct a monument sign on the parcel to be two (2) feet and six (6) inches from the front property line where six (6) feet is required, and has submitted a variance application (Application No. PZ2017- 01) to the City of Sunny Isles Beach, Florida requesting the following: 1. Pursuant to Sections 265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a setback variance to construct monument sign two (2) feet and six (6) inches from the front property line where six (6) feet is required per Section 265.56 (A) of the City of Sunny Isles Beach Land Development Regulations. Legal Description: 17749 COLLINS AVENUE CONDO TATUMS SUB GOVT LOT 6 PB 10-64 N l 00FT TR 4 E SR Al A & S 100FT TR A PB 35-51 AS DESC IN DECL OR 29719-2548 LOT SIZE 99099 SQ FT FAU 31 2211 004 0340 • ADDRESS: 17749 Collins Avenue, Sunny Isles Beach, FL 33160 FOLIO: 31-2211-083-0001 WHEREAS, on February 16, 2017, the City Commission conducted a public hearing on this variance application; 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 City's Community Development Department Review Report; and WHEREAS, notice was provided to all interested parties regarding the variance application; and WHEREAS, the City Commission reviewed the variance application, the written and oral recommendations of the Zoning Administrator of the Community Development Department, 17-Z-W. Setback variance for Monument Sign 1 including the recommended conditions, and finds substantial competent evidence to support a showing by the Applicant that the request for a variance 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; and, further finds that said request should be granted, subject to the conditions described herein. 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 above are incorporated into the body of this Resolution as if same were fully set forth herein. III. FINDINGS AND CONCLUSIONS: Based on an analysis of the application and the standards for approval for a variance application under the Land Development Regulations, the City Commission makes the following findings and conclusions: A. The Applicant's request for a setback variance for monument sign on a parcel is consistent with the Comprehensive Plan and Land Development Regulations of the City of Sunny Isles Beach. IV. APPROVAL A. The Applicant's request for a setback variance for monument sign on a parcel is hereby approved subject to all conditions set forth in Section V below. V. CONDITIONS Conditions to be completed before demolition, below grade or building permits are issued. If the City approves this application, the application will be subject to the following conditions set forth below: 1. That the plans in the approval be substantially in accordance with that submitted for public hearing, which are entitled "Acqualina Resort & SPA/The Mansions/ The Estates Sales Gallery" prepared by Law's Architectural Signs stamped received Jan.31, 2017 consisting of 2 sheets, and a survey consisting of 38 sheets prepared by Fortin, Leavy, Skiles, Inc. 2 17-Z-lav Setback variance for Monument Sign 2 stamped received Jan. 31, 2017. Plans are subject to revisions based comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. 2. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Community Development Department and be consistent with the 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. 3. That the approved plan shall remain valid for a period of 24-months from the date of the site plan modification 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. 4. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. IF APPPLICABLE, NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT 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 APPLICABLE LAND DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS, OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH HEREINABOVE HAVE BEEN TRANSFERRED. 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. VI. AUTHORIZATION OF CITY MANAGER The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. VII. SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be I 7-Z-(('2 Setback variance for Monument Sign 3 deemed a separate,distinct,and independent provision and such holding shall not affect the validity of the remaining portions of this Resolution. VIII. REPEALER All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed. IX. EFFECTIVE DATE This Resolution shall become effective upon adoption. PASSED and ADOPTED this 16th day of February, 2017. CITY OF SUN IS ES BEACH, FLORIDA By its City C miss' n l By: George H Scholl, Mayor A ii,'I: Jane • . ines, MMC, City Clerk APPROVED AS TO FORM AND SUFFICIENCY: / , AOli S tG tti �', City Attorney Moved by: COWhI1lSStor4 h 4t;[Tt) Second by: I l fz 1Y,19b _ 601,b0/144-N1 VOTE: i-- p-i Mayor Scholl /yes no Vice Mayor Goldman V yes no Commissioner Aelion A( of yes no Commissioner Gatto ✓yes no Commissioner Svechin ✓yes no 17-Z-112 Setback variance for Monument Sign 4 STATE 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. 17-Z- ( 1adopted by the City Commission at its meeting held on the 16th day of February, 2017. Issued this Z2eday of fi6gAuq t� , 2017. • 1 R I Jane A. ne . MMC, City Clerk- + , , Y/ i- I 7-Z- Setback variance for Monument Sign 5 LETTER OF INTENT RECEIVED JAN 202017 January 20, 2017 PLANNING;°& ZONING DEPT. city of Sunny Isles Beach,F1 RE: LPLA Partner, LP 17749 Collins Avenue Sunny Isles Beach, FL 33160 To whom it may concern: Please accept the following as our Letter of Intent. We are filing for a Variance per Section 265- 63.1 of the City of Sunny Isles Municode pertaining to Sign Ordinance Variance. The intension is to have additional signage for purpose of directing the public to the right property as the existing signage is not very visible. Currently we have a Fountain Sign in front of the Building, and we are requesting to add a Monument Sign. We need the additional Monument sign because from the road you cannot really see the Fountain sign. The additional signage does not meet the following requirement of section 265-56(A): - (A)(5) Setback: Our proposed Monument sign is less than the required 6'from the right-of- way. The Variance is not contrary to the public interest. Special conditions and circumstances do not result from actions of the applicant and a literal enforcement of the provisions of this chapter may result in unnecessary hardship. hmie 11 In reference to illumination, we will no more than the allowed. The sign letters and logos do not cover more than 25%of the sign. The intension in the future is to remove the Sales Galley from the sign once the Sales Center is no longer needed. The proposed colors are Stone, Beige background with black letters and gold logo. The width of the proposed sign is 58 inches. i (/ YYY William Lillycrop 1 r, ,�,, ,/ COMMISS ON 9 FF 95617 4^s EXPIRES:Jere 26,2018 • • {�ijj ........... S r.ded Thru Notary Puhs Uoder�vrhors AA=L J'i'_+S'+SPYrJL'aC.1'RIgcSo'6'-V+f • • RECEIVED • NNY j PUBLIC HEARING APPLICATI N Sv (F ' He nig# i _4h . c : ' Da Recei ed play• e . D •, _- Fol o Num_= Sf L91. 1.0%° PLANNING&`ZONING DEPT of sus.0 City of Sunny Isles Beach,FL 1. Proposed Project Name: Mft-AJSIDal 5- 4r/cQU,4UA.0_ kat/TIo aJAt, -s;-[ 2. Name of Applicant L PL P /2-TAJ612-3 L-4C- . a. If applicant is the owner,give name exactly as recorded on deed. b. If applicant is lessee, attach copy of valid lease of one(1)year or more and Property Owners Sworn-to-Consent. c. If applicant is a corporation,partnership,limited partnership,or trustee,a separate Disclosure of Interest form must be completed. 3. Applicnt Mailing Address .��� l".O L(.L S t�k. "�'�9 Roo y City , )!1(1 L1 State Zip . I(n Cl Tel. #(during working hours)S 0S-933 e-mail kj ti ll yr mg €,irOmPe rvtt�,CD4 4. Name of Property Owner I Pk J -fin rT J e rs L P Mailing Address 1-7-3CQ c�< A-La c .FLoo>' City S O n n q State -L Zip 3 3 / (.,r� Tel. #(during working hours) 3oT-''33--8 301 e-mail t/it/ye/ore-kw/lib fir, l it,` 5. Contact Person - / -f)11'1 ( -� Mailin Address I'71ti0 0,0c =c 4 - air City 6Unnuf ‘.IS>L State Ft._ Zip 33/(,0 Tel.#(during working hours) -25- `-/a 3-&Z 8"3 e-mail (?,C..rmirt ec c4-D coni, c 6. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION a.if subdivided,provide lot,block,complete name of subdivision,plat book and page number. b.if metes and bounds description,provide complete legal description(including section,township and range). c.if separate request apply to different areas,provide the legal description of each area covered by a separate request. d.attach a separate,typed sheet if necessary. Verify the legal description is correct. l77N'I CoLtiAS Arc])ire eo&td-o 1 +um Sob 60v4- 4D-1-6 Pa /0 -G y A) /00 Te. 4/ t: or SQ A 14 —� c foDFT Tl A PB 3S--SI ,4S Z.e,Sarw L- o� 39"119-a5Lig Lot Size 940'9 FA-u 3f-0311- 00'i-03Y0 7. Address or location of subject property: l 77 Oo L-64-1c A-}er)U f 30r1ny L 6-c/0_14 , t—c— 33)00 8. Size of property: s'G ft.x 7 ft. acres 1+ - J City of Sunny Isles Beach Public Hearing Application Package Page 3 of 30 9. Date subject property acquired' or leased D day of term of lease years/months. 10. Does property owner own contiguous property to the subject property?If so,give complete legal description of entire contiguous property.(If lengthy,please type on a sheet labeled"Contiguous Property". kg 04E,IAiF:f foul etS11311nCoc f Atsvir'.�4( ,AOnd (J fU 5,i3lota. in Ccxnmoi Eier�ntS (')ice SEP '01`12yL. -3;32 3 &CO_ R.S2-O2. —14f4 /i 2oo(P Y 11. Is there an option to purchase Dor lease D the subject property or property contiguous thereto? 0 Yes orNo If yes,who are the potential purchasers or lessees?(Complete section of Disclosure of Interest form also). 12. Present zoning classification(s)$OO ITS Nn.t�7��,- 6e4%.le..4/4 13. REQUEST(S)COVERED UNDER THIS APPLICATION: Please check the appropriate box and give a brief description of the nature of the request in the space provided: o Comprehensive Plan Amendment o District Boundary Change(s) o Site Plan Approval o Conditional Use VVariance o Plat Approval o Transfer Development Rights o Vested Rights o Appeals o Other: / 14. Has a public hearing been held on this property within the last year and a half? o yes c ni If yes,applicants name Date of hearing Nature of hearing Decision of hearing Resolution# City of Sunny Isles Beach Public Hearing Application Package Page 4 of 30 r. 15. Is this hearing being requested as a result of violation notice?o yes criO If yes,give name to which violation notice was served Nature of violation 16. Are there any existing structures on the property? ries o no If yes,briefly describe �-e-S lz•-e,(17i i 17. Is there any existing use on the property? eyes o no If yes,what is the use and when was it established? Use /1 .11-e.n7-1,4 Established • City of Sunny Isles Beach Public Hearing Application Package Page 5 of 30 1 } OWNERSHIP AFFIDAVIT FOR LIMITED LIABILITY COMPANY STATE OF h t,k_c.. Public Hearing No. COUNTY OF &I a-iv,-, -Tha cf—e- Before me,the undersigned authority,personally appeared WI//;em _I L;)1 yoro( hereinafter the Affiant(s),who being first duly sworn by me,on oath, deposes and says: 1. Affiant is the manager,or managing member of the L PLA Pi a riie s £LL Limited Liability Company with the following address: 1 7 7 /q Ob(.Q-iJ 1 s A-tAt Su n n-N J !.e-s F- '31(00 2. The Limited Liability Company owns or lease(circle one) the property,which is the subject of the proposed hearing. 3. The subject property is legally described as: 177t/4 Cho 1t ,uc 40-1.-ii Ue ezndl o ` ; 7-0, Stib 6o✓-, Le+ 6 P6 /P-6y •W loo F# A 4 r DI' SR A/,q 1 S foo Ft *2 ñ P$3s-S7 e-s tat.coriorej 11.1 DELL Oen Q97/I-as--,-/E5 t - size /QoQ'1 59 ft Fw 3i•7211-0O'f-o3yd 4. Affiant is legally authorized to file this application for public hearing:. 5. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing. 6. Affiant understands that the matters attached to and made part of the application are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before the application can be submitted and the hearing advertized. Witnesses: -C.:- , t 4..1./A -41 Signature A s ign e :Ca-,S C,Ca-ro U4/4/3,7 ,V illy, X ,ri,.n,�amPrint Nage it Signature v (tz-610 -t. eumaiea.- Print Name Sworn to and subscribed before me on the 0-.9 day of a--c,2_ - •✓ ,20 I to , Affiant is personally known to me or has produced h�illt as Identification. • Witil‘iligi �I�e1i8 MLISTAS ���r Notary tamp/S-,1) Commission Expires: r- r7772,-....,,"Y 93617 1MAT ......t.„,k_..........„,._:;,,r...... ;:a:vaterr.tiersLLiiiI ON 9 FF98617 � ne 26,201_-- Publt Unclowraers City of Sunny Isles Beach Public Hearing ApplicationPackage Page 9 of 30 • DISCLOSURE OF INTEREST If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and principal officers or stockholders consist of another corporation (s),trustee(s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual(s)(natural persons having the ultimate ownership interest in the aforementioned entity). Corporation Name Name,Address and Office Percentage of Stock • If the property which is the subject of the application is owned or leased by a LIMITED LIABILITY COMPANY list the members or stockholders consist of another corporation (s), trustee (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual(s)(natural persons having the ultimate ownership interest in the aforementioned entity). t P (. 4 TN LLC Name Name,Address and Office Percentage of Stock �9 1-t1 k5,-i LiFb 9)(nue(' A/ n.f L,Iryc fc� nc/tut. Tv��+ja Y©00 �1�c lanced 13L dN a C Tor!°'j flVevt-101rA -1-i, 331b0 Fe,,daway e '111"-la City of Sunny Isles Beach Public Hearing Application Package Page 13 of 30 If the property,which is the subject of the application,is owned or leased by a TRUSTEE,list the beneficiaries of the trust and the percentage of interest held by each. {Note: where the beneficiary (s) consist of corporation (s), another trust (s), partnership (s) or other similar entities, further disclosure shall be required which disclosures the identity of the individual (s), (natural persons) having the ultimate ownership interest in the aforementioned entity). Trust Name Name and Address Percentage of Interest If the property, which is the subject of the application, is owned or lease by a PARNERTSHIP or LIMITED PARTNERSHIP, list the principals of the partnership, including general and limited partners. {Note; where the other similar entities, further disclosures shall be required which disclosures the identity of the individual(s) (natural person)having the ultimate ownership interest —--_ in the aforementioned entity}. PARTNERSHIP OR LIMITED PARTNERSHIP NAME NAME AND ADDRESS PERCENTAGE OF OWNERSHIP If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not and whether a Corporation, Trustee or Partnership list the names of the contract purchasers below, including the principal officers,stockholders,beneficiaries or partners. {Note;where the principal officers,stockholders,beneficiaries or partners consist of another corporation, trust, partnership or other similar entities, further disclosure shall be required which discloses the identity of the individual(s)(natural persons)having the ultimate ownership interest in the aforementioned entity}. NAME -- City of Sunny Isles Beach Public Hearing Application Package Page 14 of 30 , NAME,ADDRESS AND OFFICE(if applicable) Percentage of Interest Date of Contract: If any contingency clause or contract terms involve additional parties,list all individuals or officers, if a corporation,partnership or trust. For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in the application to the best of my knowledge and belief. Signature: A,4144,M4,9 (Applicant) C ,J/, w r1 i,/_/ 7 Sworn to and subscribed •-fore me, (/ / Th' c9-. da if - 'v. ,20 1 to .1111MbLi MY C0t MlaSlON#FF 93°17 4 o rru. 'c, S of Flori o a at Large ,,,•;:- .1:<.,•;:., .-y = EXPIRES:June 26,2018 • ',P o1'F.;,'` Bonded Thru Notary Pubic Ur.6erx:d_rs a,vr...w.r+a ...a a:trw. My Commission Expires: 1 I?'b I/ *Disclosure shall not be required of any entity; the equity interest is which are regularly traded on an established securities market in the United States or other country; or any entity, the ownership interest of which are held in a limited partnership consisting of more than 5,000 separate interest and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership. Public Hearing No: • City of Sunny Isles Beach Public Hearing Application Package Page 15 of 30 I RESPONSIBILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNING I hereby acknowledge that I am aware of the preliminary review of plans of the proposed project by the Department of Environmental Protection (DEP), and/or the Department of Environmental Resources Management(DERM),the Florida Department of Transportation(FDOT). In addition, the Miami-Dade County Fire Department(MDFD)for the staging area of the proposed project along with the Miami-Dade County Biscayne Bay Shoreline Development Review Committee will review and comment for approval all development applications. These comments sometimes include requirements for an additional public hearing before (DERM) and the Environmental Quality Control Board,(EQCB)in the preparation and execution of agreements to run with the land,which are recorded,prior to obtaining a building permit. I understand that is my responsibilities as the applicant or applicants representative to promptly follow through with the compliance of DEP, DERM, MDFD, and /or Florida Department of Transportation FDOT requirements or to advise this office in writing if the application will not go forward and may be considered withdrawn. Contact with the above-mentioned agencies is advised during the hearing process. Permit requirements: I also understand that the Florida Building Code, DEP,DERM, MDFD,and /or Florida Department of Transportation FDOT may contain requirements that affect my ability to obtain a required building permit for my project,even if the zoning application is approved at public hearing. I am aware that a Building Permit is required for all construction and that I am responsible for obtaining the required permit,all required inspections, the Certificate of Use and Occupancy or Certificate of Completion for any and all structures and additions whether proposed or existing without permits. Additionally I am aware a Certificate of Use and Occupancy must be obtained for the use of the property,if approved at a Zoning Hearing and that failure to obtain the required permits and/or Certificates of Completion, Use and Occupancy will result in the initiation of enforcement action against the occupant and owner. I further understand that submittal of Zoning Hearing application will not necessary forestall enforcement action against the property. • Fees: I understand that the hearing fees paid at the time of filing may not be the total cost of the hearing and that I will be advised of any other fees that can be associated with the public hearing application. �/ d�v / S1 i ture tdA.44 „y .42/1r Print N Iliotary: rn to a • subscribed before me this 3 day of , l 'nk , s'"yy, CARMIOT!WT.... �!�! sac 'it2 MY COMMISSION 8 FF 98617 otaryPub �- tate of lorida '` :a EXPIRES:June 26,2018 Bonded Tor Notary Pubx Underwriters • My commission expires /?o 11V City of Sunny Isles Beach Public Hearing Application Package Page 16 of 30 (--r0N_Y ,S,F 0,,,,_ ,,ADD - '" OP �R ,..FLOP\ S¢, CfT ?d F.OF SUN P CITY OF SUNNY ISLES BEACH DEVELOPMENT REVIEW REPORT Monument Sign for Mansions at Acqualina I. PROJECT SUMMARY - Application Number: PZ2017-01 Application Summary: The Applicant is seeking a setback variance approval of a monument sign to be two (2) feet and six (6) inches from the front property line whereas six (6) feet is required. Applicant/Owner: LPLA Partners, LLC ("Applicant") 17780 Collins Avenue 2"d floor, Sunny Isles Beach, FL 33160 Sunny Isles Beach, FL 33160 II. SITE INFORMATION Land Area: 99,099 sq. ft. (Lot) Location: 17749 Collins Avenue Folio: 31-2211-083-0001 Legal Description: 17749 COLLINS AVENUE CONDO TATUMS SUB GOVT LOT 6 PB 10-64 N100FT TR 4 E OF SR A1A & S100FT TR A PB 35-51 AS DESC IN DECL OR 29719-2548 LOT SIZE 99099 SQ FT FAU 31 2211 004 0340 Land Use: Mixed Use - High Density Resort (MUHDR) This category is intended to provide for resort style developments (hotels, hotel-apartments and resorts), high quality residential apartments (as-of-right 50 DUs/acre and 2.5 F.A.R.) and associated internal accessory uses (restaurants and other convenience services). Residential densities with bonuses may not exceed eighty (80) units per acre for apartments. The density may be increased by the utilization of TDRs. Zoning: Mixed Use Resort (MU-R) 1 I This district provides for multifamily dwellings at a maximum density of 80 dwelling units per acre for condominiums and 125 dwelling units for apartment/hotel. Apartments, hotels, motels and apartment-hotels, commercial services and retails goods internal to the buildings and conference facilities are permitted uses. The density may be increased by the utilization of TDRs. Adjacent Properties: Existing Land Use Zoning Land Use Plan North Acqualina Ocean MU-R MU-HDR Residences & Resort East Atlantic Ocean -- -- South The Pinnacle Condo MU-R MU-HDR West Commercial B-1 N-B III. REQUEST 1. Pursuant to Section 265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is seeking a setback variance approval of a monument sign to be two (2) feet and six (6) inches from the front property line whereas six (6) feet is required as per Section 265-56 (A) of the City of Sunny Isles Beach Land Development Regulations. IV. ZONING REVIEW The plans reviewed are on file and may be examined in the City Clerk's Office, and are entitled "Acqualina Resort & SPA/The Mansions/The Estates Sales Gallery", prepared by Law's Architectural Signs stamped received January 31, 2017 consisting of 2 sheets, and a survey consisting of 3 sheets prepared by Fortin, Leavy, Skiles, Inc. stamped received Jan. 31, 2017.PIans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. 1. 265-56.A Monument Signs: DOES NOT COMPLY. (5) Setback: six feet from right-of-way, 20 feet from side property line. All signs shall meet the sight safety triangle requirements under this Code. Proposed: DOES NOT COMPLY: Two and a half feet from right-of-way. However, it proposed more than 20 feet from side property line and is located outside of the sight triangle. 2. 265-63.1. - Sign ordinance variance. C. Review by the City Commission. The application for a variance may be granted if the City Commission finds: (1) The variance is not contrary to the public interest; (2) Special conditions and circumstances do not result from actions of the applicant; (3) A literal enforcement of the provisions of this chapter may result in unnecessary hardship. 2 V. PLANNING REVIEW: 1. Comprehensive Plan The proposed application is consistent with the City of Sunny Isles Beach Comprehensive Plan. VI. FINAL ANALYSIS Based on the above review, the application is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations. Staff has reviewed the Sign Ordinance Variance application and is submitting this application with conditions for your consideration. VII. CONDITIONS If the City approves this application, the application will be subject to the following conditions set forth below: 1. That the plans in the approval be substantially in accordance with that submitted for public hearing, which are entitled "Acqualina Resort & SPA/The Mansions/The Estates Sales Gallery", prepared by Law's Architectural Signs stamped received January 31, 2017 consisting of 2 sheets, and a survey consisting of 3 sheets prepared by Fortin, Leavy, Skiles, Inc. stamped received Jan. 31, 2017. Plans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. 2. Plans are subject to revisions based comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. 3. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Community Development Department and be consistent with the 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. 4. That the approved plan shall remain valid for a period of 24-months from the date of the site plan modification 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. 5. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. (END) 3 `SUNNY I'4I CITY OF SUNY ISLES BEACH u ,' 1°c °z SUNNY NOTICE OF ZONING HEARING FLOC' NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the David P. Samson Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on Thursday,February 16,2017 at 6:30 p.m., to consider the following Zoning application: Application: Monument Sign for Mansions at Acqualina LPLA Partners, LLC ("Applicant") Location: 17749 Collins Avenue, Sunny Isles Beach, FL 33160 Public Hearing#: PZ2017-01 Summary: The Applicant is seeking a setback variance approval of a monument sign to be two (2) feet and six (6) inches from the front property line whereas six (6) feet is required. Requests: 1. Pursuant to Section 265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is seeking a setback variance approval of a monument sign to be two (2) feet and six (6) inches from the front property line whereas six (6) feet is required as per Section 265-56 (A) of the City of Sunny Isles Beach Land Development Regulations. The plans reviewed are on file and may be examined in the City Clerk's Office,and are entitled"Acqualina Resort& SPA/The Mansions/The Estates Sales Gallery",prepared by Law's Architectural Signs stamped received Jan. 31, 2017 consisting of 2 sheets, and a survey consisting of 3 sheets prepared by Fortin, Leavy, Skiles, Inc. stamped received Jan. 31, 2017. Plans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. Legal: Portion of Govt. Lot 6 Tatum's Ocean Park Subdivision (PB 10-64) N 100 ft. of Tract 4 East of State Route AlA and S 100 ft. of Tract A (PB 35-51) Size of Property: 2.275 acres (99,099 sq. ft.) Zone: Mixed Use-Resort (MU-R) All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. The courts have ruled that it is improper to contact a City Commission member individually, either orally or in writing about any zoning applications. Maps and other data pertaining to these applications are available for public inspection during normal business hours in City Hall. Any zoning hearing may be continued at this meeting and under such circumstances, additional legal notice would not be provided. Any persons wishing to speak at a public hearing should register with the City Clerk prior to that item being heard. Inquiries regarding the item may be directed to the City Clerk at I (305)792-1703. Please refer to the hearing number when making an inquiry. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-792-1701, no later than 48 hours prior to the proceeding. • 22NE I I NEIGHBORS I= 52i/ ti r,K,�+ - 5. ,, `kj, CITY OF-SUNNY ISLES'BEACH NOTICE OF ZONING HEARING NOTICE IS HEREBY GIVEN that a_.public hearing will be-held by the--City Commission of the City of Sunny Isles Beach, Florida, in the David P. Samson Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins.Avenue, Sunny Isles Beach, Florida on Thursday, February 16,2017 at 6:30 p.m.,to consider the following.Zoning application:. Application: Monument Sign for_Mansions at Acqualina LPLA Partners,LLC-("Applicant") Location: - .17749 Collins Avenue,.Sunny Isles Beach,FL 33160. . . . . - . - _ Pubic hearing#:, PZ2017.-01 Summary: •- . The Applicant is seeking a setback variance approval.of a-monument sign.to be two (2)feet and six (6)inches from the front property line whereas six(6).feet is required. • Requests: . ' . - 1. Pursuant to•Section 265-63.1 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is seeking a setback variance approval of a monument sign to be two (2)feet and six.(6)inches from the front property line whereas six(6)feet is required as per Section 265-56 (A)of the City of Sunny Isles Beach Land Development Regulations. • - The plans reviewed are on file and may be examined in the City Clerk's Office, and are entitled "Acqualina Resort&SPA/The Mansions/The Estates Sales.Gallery",prepared by Law's Architectural Signs-stamped received Jan. 31, 2017 consisting of 2 sheets, and a survey consisting of 3 sheets • prepared by Fortin,Leavy,Sidles,Inc: stamped received Jan. 31,2017.Plans are subject to revisions based on comments.provided by zoning staff of the City of Sunny Isles_Beach. Plans are subject to 4 modification:.:::: ' Legal:Portion of:Govt..Lot 6'Tatum.'s O•cean Park Subdivision(PB 10-64)N 100 ft. of Tiact 4 East ' • ofiState RouteAlA and S 100 fe: of Tract A'(PB`35-51)-- • Size of Property:-2:275 acres (99,099 sq. ft-`.) Zone::Mixed-lJse-Resort(MU-R)'.1-7 7`_ ._ -I.--.1-- ... .,. . __ _- F ._' - . ..---- - i A��e. -am.- --�•-- ----- -- - All persons•are invited to appear at thismeeting or be represented by an agent,•or to express thein views` `: writing:addressed to the City.Clerk, City of Sunny;Isles Beach; 18070:Collins Avenue; Sunny Isles Beach,.? . Florida,:33160: The courts.have ruled that it is improper to contact a.City Commission member:individually, either orally.or in writing about any zoning;applications:'Maps and other data pertaining.to these:applications are available for public inspection during normal business hours in•City Hall.:Any:zomng-hearing:may.bei continued at this meeting and under.such circumstances,:additional legal notice would,not be provided::Any persons wishing to.speak ata public hearing should register with the City Clerk prior to that item being heard • . Inquiries regarding the item may be directed to the.City.Clerk,at (305) 792-1703. Please refer to the hearing number when making an in• quiry. .If a person decides to appeal any'decision made by the City Commission with ; respect to any matter consider•ed at such meeting or hearing,they w .oill.need a record of the proceedings:and,.for: such purpose,may need to ensure that a verbatim record of the proceedings is made,which record includes.the testimony andevidence upon which the appeal is to be based.This notice does not constitute consent by the`City for introduction`or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges .;' or appeals not otherwise allowed by law. In.accordance with the Americans With Disabilities Act; all'persons who are disabled and who need special accommodations to participate in this meeting because-.of Mat disability; - should contact the City Manager at 305-792-1701;no later than 48 hours prior to the proceeding.