Resolution - Sound Barrier Wall.pdf
RESOLUTION NO. 2017-_____ A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING THE PROPOSED DESIGN, QUALITY, APPEARANCE, AND COMPATIBILITY OF THE SOUND BARRIER WALL AND SURROUNDING LANDSCAPING REQUIRED BY THE CONDITIONS TO MAJOR SITE PLAN APPROVAL FOR THE EXPANSION OF THE BAL HARBOUR SHOPS ADOPTED BY BAL HARBOUR VILLAGE COUNCIL RESOLUTION 2017-1077 WHEREAS, on May 16, 2017, the Bal Harbour Village Council adopted Resolution 2017-1077, which approved the Major Site Plan submitted by Bal Harbour Shops, LLLP (“Applicant”) for the expansion of the Bal Harbour Shops with a number of conditions; and WHEREAS, Resolution 2017-1077 included the following Landscape/ Buffer Conditions applicable to a 20-foot buffer wall (“Sound Wall”) to be constructed by the Applicant along Park Drive: •
The design of the 20' tall buffer wall along Park Drive shall be submitted to the Village Manager or designee for review and recommendation, which shall not be unreasonably withheld, and to the Village Council for approval, of its design, quality, appearance and compatibility with neighboring properties prior to the issuance of a building permit, and shall be entirely landscaped so that it is not visible from Park Drive to the maximum extent possible. The landscaping shall be maintained by the applicant (“Landscape/Buffer Condition No. 2”); and
•
The construction of the 20' tall buffer wall along Park Drive shall be constructed as one of the initial elements of Phase 1 of the project (“Landscape/Buffer Condition No. 3”); and
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WHEREAS, the Applicant has submitted a preliminary design and landscaping plan for the Sound Wall to the Village, a copy of which is attached as Exhibit A (the “Preliminary Sound Wall Plan”); and WHEREAS, the purpose of the proposed Sound Wall is to provide a sound buffer, with accompanying landscaping designed to screen the Sound Wall from view; and WHEREAS,
the Council finds that the proposed design, quality and
appearance of the Sound Wall and landscaping shown in the Preliminary Sound Wall Plan is compatible with the neighboring properties; and WHEREAS, the Council finds that after an initial period of time required for the landscaping to reach maturity, the proposed Sound Wall and landscape plantings will provide the intended level of sound and visual buffer to the residents of the Gated Residential Section and enhance the existing aesthetic along Park Drive within the Gated Residential Section; and WHEREAS, the Village Council finds that it is in the best interest and welfare of the residents of the Village to approve the Preliminary Sound Wall Plan. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AS FOLLOWS: Section 1.
Recitals. The above recitals are true and correct and are
incorporated herein by this reference. Section 2.
Approval of Preliminary Sound Wall Plan.
Wall Plan attached as Exhibit A is hereby approved.
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The Preliminary Sound
Section 3. Satisfaction of Condition. The submission of the Preliminary Sound Wall Plan satisfies Landscape/Buffer Condition No. 2 of Resolution 2017-1077, subject to continuing maintenance of the Sound Wall landscaping by the Applicant. This Resolution shall become effective immediately upon adoption hereof. PASSED AND ADOPTED this 18th day of July, 2017.
ATTEST: ______________________________ Gabriel Groisman, Mayor ______________________________ Dwight S. Danie, Village Clerk Approved as to Form and Sufficiency For Use and Reliance of Bal Harbour Village Only ______________________________ Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney
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Exhibit A to Resolution Preliminary Sound Wall Plan
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The design of the 20' tall buffer wall along Park Drive shall be submitted to the Village Manager or designee for review and recommendation, which shall not be unreasonably withheld, and to the Village Council for approval, of its design, quality, appearance and compatibility with neighboring properties prior to the issuance of a building permit, and shall be entirely landscaped so that it is not visible from Park Drive to the maximum extent possible. The landscaping shall be maintained by the applicant (“Landscape/Buffer Condition No. 2”); and
•
The construction of the 20' tall buffer wall along Park Drive shall be constructed as one of the initial elements of Phase 1 of the project (“Landscape/Buffer Condition No. 3”); and
1 0027.109/ Reso re Sound Wall Proposal v1
WHEREAS, the Applicant has submitted a preliminary design and landscaping plan for the Sound Wall to the Village, a copy of which is attached as Exhibit A (the “Preliminary Sound Wall Plan”); and WHEREAS, the purpose of the proposed Sound Wall is to provide a sound buffer, with accompanying landscaping designed to screen the Sound Wall from view; and WHEREAS,
the Council finds that the proposed design, quality and
appearance of the Sound Wall and landscaping shown in the Preliminary Sound Wall Plan is compatible with the neighboring properties; and WHEREAS, the Council finds that after an initial period of time required for the landscaping to reach maturity, the proposed Sound Wall and landscape plantings will provide the intended level of sound and visual buffer to the residents of the Gated Residential Section and enhance the existing aesthetic along Park Drive within the Gated Residential Section; and WHEREAS, the Village Council finds that it is in the best interest and welfare of the residents of the Village to approve the Preliminary Sound Wall Plan. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AS FOLLOWS: Section 1.
Recitals. The above recitals are true and correct and are
incorporated herein by this reference. Section 2.
Approval of Preliminary Sound Wall Plan.
Wall Plan attached as Exhibit A is hereby approved.
2 0027.109/ Reso re Sound Wall Proposal v1
The Preliminary Sound
Section 3. Satisfaction of Condition. The submission of the Preliminary Sound Wall Plan satisfies Landscape/Buffer Condition No. 2 of Resolution 2017-1077, subject to continuing maintenance of the Sound Wall landscaping by the Applicant. This Resolution shall become effective immediately upon adoption hereof. PASSED AND ADOPTED this 18th day of July, 2017.
ATTEST: ______________________________ Gabriel Groisman, Mayor ______________________________ Dwight S. Danie, Village Clerk Approved as to Form and Sufficiency For Use and Reliance of Bal Harbour Village Only ______________________________ Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney
3 0027.109/ Reso re Sound Wall Proposal v1
Exhibit A to Resolution Preliminary Sound Wall Plan
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