Reso 2022-3410 - Laserfiche WebLink

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RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RESCINDING RESOLUTION 2022-3381, RELATED TO THE APPROVAL OF THE PURCHASE, SALE, ASSIGNMENT AND TRANSFER OF DEVELOPMENT RIGHTS ("TDRS") FROM THE CITY'S PUBLIC TDR BANK ACCOUNT TO SUNNY ISLES LIVING LP, FOR THE PROJECT ENTITLED "MANSIONS AT ACQUALINA"; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sunny Isles Living LP (the "Applicant") sought approval of a Site Plan Modification (PZ2022-06) to modify the approved site plan for the Mansions at Acqualina project which was approved by the City of Sunny Isles Beach ("City"); and WHEREAS, on July 29, 2022, the City approved the Site Plan Modification (PZ2022-06) by adopting Resolution 22-Z-190, to increase the FAR of dwelling Unit 602 by 308 square feet of Floor Area Ratio ("FAR"), through the City's TDR program, by enclosing a section of the dwelling unit's balcony; and WHEREAS, in conjunction with the aforementioned Site Plan Modification approval, the City also adopted Resolution 2022-3381, approving the sale and assignment of TDRS from the City's public TDR Bank account to the Applicant in the amount of 308 square feet of FAR and zero (0) dwelling units; and WHEREAS, following the aforementioned approval, the Applicant advised the City of an error in the number of square feet of FAR sought, which should have been 313 square feet of FAR, instead of the approved 308 square feet of FAR; and WHEREAS, the erroneous number of square feet of FAR sought in the Site Plan Modification, was also included in Resolution 2022-3381, with respect to the TDR sale and assignment; and WHEREAS, as a result of the aforementioned error, the Applicant has requested, and the City Commission has agreed, to rescind Resolution 2022-3381. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Rescinding Resolution 2022-3381. The City Commission of the City of Sunny Isles Beach hereby rescinds it approval of Resolution 2022-3381. Section 3. Authority of the City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution.