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Home My WebLink AboutZoning Resolution 19-Z-173 RESOLUTION NO. 19-Z- (13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION SUBMITTED BY A3 DEVELOPMENT, LLC, FOR THE ESTATES AT AQUALINA TO DECREASE THE NUMBER OF RESIDENTIAL UNITS FROM 248 RESIDENTIAL UNITS TO 246 RESIDENTIAL UNITS AND TO INCREASE THE HEIGHT OF THE SOUTH TOWER BY FOUR FEET THREE INCHES AND TO INCREASE THE HEIGHT OF THE NORTH TOWER BY TWENTY-FIVE FEET SIX INCHES; 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. WHEREAS, A3 Development, LLC (the "Applicant") is seeking approval to modify the approved site plan pursuant to Resolution No. 14-Z-144 adopted on September 18, 2014; Resolution No. 15-Z-153 adopted on April 16, 2015; and Resolution No. 18-Z-165 adopted April 19, 2018; and WHEREAS,the Application is seeking approval of a site plan modification for the Estates at Aqualina project,consisting of a reduction in the number of residential units from 248 residential units to 246 residential units; with 153 units in the south tower and 93 units in the north tower, as well as to increase the height of the south tower by four feet three inches, bringing the south tower to 646 feet and nine and one-half inches, and to increase the height of the north tower by twenty- five feet six inches, bringing the north tower to 667 feet and three and one-half inches; and has submitted a site plan modification application (Application No. PZ2019-08) to the City of Sunny Isles Beach, requesting the following: A modification of the approved site plan pursuant to Resolution No. 14-Z-144 adopted on September 18, 2014, Resolution No. 15-Z-153 adopted on April 16, 2015, and Resolution No. 18-Z-165 adopted April 19, 2018. Under this site plan modification, the Applicant is seeking to decrease the number of residential units from 248 residential units to 246 residential units, 153 units in the south tower and 93 in the north tower. Further, the Applicant is requesting a height increase for the two towers, the south tower requests an increase of four feet and three inches (4'-3") bringing the south tower to 646 feet and 9.5 inches. The north tower requests an increase of twenty-five feet and six inches (25'-6"), bringing the north tower to 667 feet and 3.5 inches. Legal Ddscription: That portion of the property originally declared to be GOLDEN STRAND OCEAN VILLA RESORT, A CONDOMINIUM, according to the Declaration of Condominium thereof, recorded on March 28, 1982, in Official Records Book 11392, at Page 336, as amended by Amendment to Declaration of Condominium of Golden Strand Ocean Villa Resort, a Condominium, recorded May 17, 1982, in Official Records Book 11441, Page 1296, as amended and restated by that Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, attached to that Amendment to Declaration recorded on January 25, 1984, in Official Records Book 12035, page 2760, as further amended by that Second Amendment to Declaration, recorded July 26, 1985, in Official Records Book 12587, page 71, by that Third Amendment to Declaration of Condominium of Golden Strand Ocean Villa Resort, a Condominium, recorded on December 2, 1988, in Official Records Book 13911, page 1241, by that Fourth Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, recorded on January 17, 1989, in Official Records Book 13961, page 1828, by that Fifth Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, recorded on' August 27, 2004, in Official Records Book 22612, page 4950, and by that Certificate of Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort Association, Inc., recorded on October 30, 2006, in Official Records Book 25054, page 2195, and by that Seventh Amendment to Declaration of Condominium recorded on May 7, 2014 in Official Records Book 29141,at page 2986,all in the Public Records of Miami-Dade County, Florida, described as: Tract "Q" of AMENDED PLAT OF NORTH BISCAYNE BEACH, according to the plat thereof, recorded in Plat Book 44, Page 42, of the Public Records of Miami-Dade County Florida. Surveyor's Note: GOLDEN STRAND OCEAN VILLA RESORT, A CONDOMINIUM, previously included the following real property which was removed and withdrawn from the Condominium by that Certificate of Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort Association, Inc., recorded on October 30, 2006, in Official Records Book 25054, page 2195 recorded in the Public Records of Miami- Dade County, Florida: Folio: 31-2201-017-0001 (Reference) WHEREAS, on November 21, 2019, the City Commission conducted a public hearing on the site plan modification application; and WHEREAS, the public hearing was duly advertised and held as required by law, all interested parties concerned with 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, the City Commission reviewed the site plan modification application, the written and oral recommendations of the Planning and Zoning Staff and Consultants of the Planning and Zoning Department, including the recommended conditions, and hereby finds competent substantial evidence to support a showing by the Applicant that the request for a site plan modification is in compliance with the City's Land Development Regulations and the Comprehensive Plan, 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 the variance application 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, 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. Findings and Conclusions. Based upon an analysis of the site plan modification application and the standards for approval of a site plan modification under the City's Land Development Regulations, the City Commission hereby finds and concludes that the Applicant's request for a site plan modification of the approved site plan under Resolution No. 14-Z-144 adopted on September 18, 2014; Resolution No. 15-Z-153 adopted on April 16, 2015; and Resolution No. 18-Z-165 adopted April 19, 2018 to reduce the number of units by two residential units and to increase the heights of the two towers as described above on its parcel is consistent with the Comprehensive Plan and the Land Development Regulations. Section 3. Approval. The Applicant's request for a site plan modification of the approved site plan under Resolution No. 14-Z-144 adopted on September 18, 2014; and later modified by Resolution No. 15-Z-153 adopted on April 16, 2015; and as later modified by Resolution No. 18- Z-165 adopted April 19,2018 to reduce the number of units by two residential units and to increase the heights of the two towers as described above on its parcel as set forth above on its parcel is hereby approved subject to all conditions set forth in Section 4 below. The site plan approval under Resolution No. 14-Z-144 adopted on September 18, 2014; Resolution No. 15-Z-153 adopted on April 16, 2015; and Resolution No. 18-Z-165 adopted April 19, 2018 is deemed modified by the plans set forth in Condition No. 1 in Section V below. Section 4. Conditions. Conditions to be completed before demolition, below grade or building permits are issued: (1) The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Estates at Acqualina", prepared by Cohen, Freedman, Encinosa& Associates Architects, P.A date stamped received October 28, 2019 consisting of 59 sheets. 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 building permit, the plans submitted shall meet with the approval of the Planning and Zoning Department 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. Should revisions in the plans 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) All conditions set forth in City Resolution No. 14-Z-144 approved and adopted on September 18, 2014, Resolution No. 15-Z-153 approved and adopted on April 16, 2015 and Resolution No. 18-Z-165 adopted April 19,2018 with revisions stipulated in Resolution No. 2018-2883, shall remain in effect. 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. Section 5. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 6. 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 deemed a separate, distinct and independent provisions and such holding shall not affect the validity of the remaining potions of this Resolution. Section 7. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and are hereby repealed. Section 8. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 21' day .f No '-mber 2019. f 1` Geol.! H. Scholl, Mayor ATTE'.1• ''' e . ,,. c i i . f',7' fOlt$04 ' Willie •.Betanc r, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: t4d4Ad- Edward A. Dion, City Attorney Moved by: Ulte Y4 'fO &fC4(II Seconded by: eirIlYttVpi 0 NJ 2 V lSel4414-4 Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor.Svechin I (Yes) (No) Commissioner Goldman �—(Yes) (No) Commissioner Lama ( ) (No) Commissioner Viscarra I (Yes) (No)