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Home My WebLink About99-23029 RESO RESOLUTION NO. 99-23029 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE PERMIT IN FAVOR OF SIGNATURE RESORTS, INC. (d/b/a SUNTERRA RESORTS) FOR CONSTRUCTION OF WALKWAYS, FENCES AND LANDSCAPING, WITHIN THE CITY OWNED RIGHT-OF-WAY AT THE STREET END OF 36TH STREET, ADJACENT TO THE PERMITTEE'S PROPERTY, LOCATED AT 3611 COLLINS AVENUE. WHEREAS, Signature Resorts, Inc.(d/b/a Sunterra Resorts) owns the property located at 3611 Collins Avenue; and WHEREAS, Signature Resorts, Inc. has applied for a Revocable Permit to install a concrete sidewalk, paver rampway, low masonry wall, low wood fence, and irrigated landscaping at the street end of36th Street, within the City owned right-of-way; and WHEREAS, pursuant to Chapter 82, Article III, Division 2, Section 82-93, of the Miami Beach City Code, the Mayor and City Commission must hold an advertised public hearing to consider the aforestated request, said hearing so being held on January 6, 1999. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are herein authorized to execute a Revocable Permit in favor of Signature Resorts, Inc. (d/b/a Sunterra Resorts), as the owner of the property located at 3611 Collins Avenue, to install a concrete sidewalk west of the existing wood ramp to the boardwalk and a ramp at the street end within the City owned right-of-way at 36th Street, Miami Beach, Florida. Said permit contingent upon the following conditions being satisfied prior to execution: a) A landscape plan, and corresponding site plan, prepared by a Florida Registered Landscape Architect, shall be submitted to, and approved by, the City's Planning and Zoning and Public Works Departments, respectively. At a minimum, said plans shall incorporate the following: 1. The species type, quantity, dimensions, spacing, location and overall height of all plant material shall be clearly delineated and subject to the review and approval of staff. 2. The landscape and site plan shall include all areas east of the existing building at 3611 Collins Avenue; 3. All exterior walkways shall consist of decorative pavers, set in sand; 4. Hawaiian Seagrape plants shall not be permitted; 5, A fully automatic irrigation system, with 100% coverage and an automatic rain sensor, in order to render the system inoperative in the event ofrain, shall be provided; 6. Signature Resorts to enter into an agreement to landscape and maintain the area to the east while providing a hold hannless agreement to the City. 7, Chain link or wood fencing shall not be permitted. Any existing chain link or wood fencing, eastward of the existing building at 3611 Collins Avenue, shall be removed upon notice by the City. All fencing along south property line shall consist of aluminum picket, approved by City of Miami Beach staff. b) The City and Signature Resorts, Inc.herein agree and acknowledge that the aforestated conditions are a pre-requisite for the City's approval of the aforestated Revocable Permit. Said conditions must be satisfied prior to execution of the Revocable Permit and, in any event, no later than 30 days from the date of this approval. c) In the event that Signature Resorts, Inc. has not fulfilled the conditions set forth herein, on or before the aforestated time period, this approval for Revocable Permit shall be deemed null and void, shall have no further force and effect, and the City shall have no liability as to Signature Resorts, Inc. PASSED and ADOPTED this 6th day of January ,1999 VJ(!,f3., MAYOR ~ ATTEST: ~ke .r , ... .0';.' t'~C~ CJ Y CLERK .. , ',.\'.' ,."...., & Al10 FORM&,= &FOR ( F:\WORK\SALL\VGK\COMMEMO\REVOOSUNTERRA.RES W;fX: - I :/ I, E-~ ~::l Oz <JJ~ ~ ~> ""-( ~<JJ ~z ~::3 ...::...:: -::0 ~U 0- U:;; ..., . J ~ . . ,/ ..... -l <:: .,... a: Vl <:: . ~u "'v~~. af fa ,:- 9 -~ .:~: - .1f:rrl ';.;.../ /_ 9" , ~f \ ./. ~~", _.. '7 . . t · ~:; ..~::; 740 J YJ ~ ~~ ~~ lij ll.I ~ -...l ~4tJ S ~ ~ ~~ , t:"" "'" "'" N - E- CIJ - - E- ~ \'"1 2: o ~ 2: "=I :;= "=1< >= OE- t::- =-= :;= -><: Qr.:: "=I CIj o C- O t:: =- Q 2: "=I E- "=I "=I t:: E- CIj CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING NOTICE IS HEREBY given that a public hearing wil~ be held by the City Commission of the City of Miami Beach, on Wednesday, January 6, 1999, at 2:00 p.m., in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, to consider a request by Signature Resorts, Inc. (d/b/a Sunterra Resorts), as the owner of the property located at 3611 Collins Avenue, for a revocable permit to install a concrete sidewalk, paver rampway, low wood fence and irrigated landscaping within the City right-of-way, at the street end on 36th Street. Inquiries may be directed to the Public Works Department at (305)673-7080. Copies of the related documents are available for public inspection during normal business hours in the Public Works Department, 4th floor, City Hall. 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 Commission c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This hearing may be continued at this meeting and under such circumstances, additional legal notice would not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must 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 the introduction or admission of otherwise inadmissable or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special. accommodation to participate in this proceeding should contact the City Clerk I s office no later than four days prior to the proceeding. Telephone (305) 673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. ::;ITY OF MIAMI BEACH :!TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 COMMISSION MEMORANDUM NO. 38-'19 TO: Mayor Neisen O. Kasdin and Members of the City Com sion DATE: January 6, 1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLU F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO SIGNATURE RESORTS INC. (d/b/a SUNTERRA RESORTS) FOR CONSTRUCTION OF WALKWAYS, FENCES AND LANDSCAPING, WITHIN CITY RIGHT-OF-WAY, AT THE STREET END OF 36TH STREET ADJACENT TO THEIR PROPERTY LOCATED AT 3611 COLLINS AVENUE. ADMINISTRATION RECOMMENDATION: To adopt the Resolution with the following conditions: A landscape plan, and corresponding site plan, prepared by a Florida Registered Landscape Architect, shall be submitted to and approved by the City's Planning and Public Works departments. The species type, quantity, dimensions, spacing, location and overall height of all plant material shall be clearly delineated and subject to the review and approval of City staff. At a minimum, said plans shall incorporate the following: a. The landscape and site plan shall include all areas east of the existing building at 3611 CoJlins Avenue; b. All exterior walkways shall consist of decorative pavers, set in sand; c. Hawaiian Seagrape shall not be permitted; d. Afully automatic irrigation system with 100% coverage and an automatic rain sensor in order to render the system inoperative in the event of rain; e. Chain link or wood fencing shall not be permitted. Any existing chain link or wood fencing, eastward of the existing building at 3611 Collins Avenue, shall be removed. All fencing shall consist of aluminum picket or a dense vegetation hedge. RACKGROUND: The amended City Code Chapter 82, Article III, Division 2, addressing Revocable Permits for the use of City right-of-ways by adjacent property owners, established guidelines for the City Commission to grant or deny a Revocable Permit, following a public hearing. AGENDAITEM~ DATE I,l.,q" Signature Resorts Inc. (d/b/a Sunterra Resorts), owners of the property located at 3611 Collins Avenue, had submitted an application requesting a Revocable Permit to install a concrete sidewalk, paver rampway, low masonry wall, low wood fence and irrigated landscaping at the streetend of 36th Street, as shown on the attached Exhibit" A". . The request to set a public hearing was approved by the City Commission on December 16, 1998. The public hearing was set for January 6, 1999 and notices mailed to the adj acent property owners. ANAI.YSIS: Pursuant to the City's Code Chapter 82, Article III, Division 2, Section 82-94 for Revocable Permits, the applicant's request, as presented in the application or amended by the conditions recommended by the City Administration, meets the following criteria: I. The applicant holds title to the abutting property and has substantial need in providing a handicap access ramp from the property to the beach boardwalk. 2. Granting this permit does not have an adverse effect on City /utility easements or use of public property. 3. Granting this permit will enhance the neighborhood landscaping. The Revocable Permit covers an area 14 feet wide by 88 feet long along the northeast side of 36th Street, or an area of 1232 sq. ft., adjacent to multi-family residential use. CONCI ,ITSION: The Mayor and City Commission should grant this Revocable Permit with the conditions previously listed in ~e memo. SR/6& \.S/ch F:\WORK\SALL\V OMMEMO\REVOOSUNTERRA.WPD / Attachment