HomeMy WebLinkAboutReso 2021-3222RESOLUTION NO.2021 - 22-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE PURCHASE AND
ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS ("TDRS")
IN THE AMOUNT OF 283 SQUARE FEET OF FLOOR AREA RATIO
("FAR") AND ZERO (0) DWELLING UNITS FROM A PRIVATE TDR
BANK ACCOUNT OF NDPRE #14, LLC ("ASSIGNOR") TO 43 SIB LLC.;
AUTHORIZING THE DEVELOPMENT SERVICES DIRECTOR TO
WITHDRAW 283 SQUARE FEET OF FAR AND ZERO (0) DWELLING
UNITS FROM THE AFOREMENTIONED PRIVATE TDR BANK
ACCOUNT AND ASSIGNING SOLELY THE 283 SQUARE FEET OF FAR
TO THE PROPERTY LOCATED AT 17749 COLLINS AVENUE UNIT
4301, SUNNY ISLES BEACH; AUTHORIZING THE ADJUSTMENT AND
MODIFICATION OF THE PRIVATE TDR BANK ACCOUNTS;
PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH
THE AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, by Zoning Resolution No. 21-Z- , adopted on July 15, 2021, the City
Commission of the City of Sunny Isles Beach (the "City Commission") approved the Site Plan
Modification & Transfer of Development Rights ("TDRs") submitted by 43 SIB LLC
("Applicant") related to the property located at 17749 Collins Avenue, Sunny Isles Beach, Florida,
for intensity increases of the overall Floor Area Ratio (FAR) square footage from 432,684 square
feet of FAR to 432,967 square feet of FAR, an increase of 283 square feet of FAR, as well as for
the purchase and assignment of TDRs in the amount of 283 square feet of FAR; and
WHEREAS, the Applicant sought to purchase the above referenced TDRs directly from
the City of Sunny Isles Beach ("City"), however, pursuant to the Land Donation and Transfer of
Development Rights Agreement between the City and NDPRE #14, LLC ("Navarro"), approved
by Resolution 2018-2840, the City is required to sell Navarro's TDRs before the City sells any
other TDRs held in the public bank account controlled by the City; and
WHEREAS, the City Commission hereby agrees to approve the sale and assignment of
TDRs from the Private TDR Bank account of Navarro to the Applicant in the amount of 283 square
feet of FAR and zero (0) dwelling units; and
WHEREAS, solely the TDRs in the amount of 283 square feet of FAR are being utilized
and assigned to the project that is the subject of the Site Plan Modification application for the
development project located at 17749 Collins Avenue Unit 4301, Sunny Isles Beach; and
WHEREAS, the Private TDR Bank account of Navarro will be adjusted to reflect the
withdrawal of 283 square feet of FAR and zero (0) dwelling units to the Applicant and to reflect
the TDRs assignment of solely the 283 square feet of FAR for the property located at 17749 Collins
Avenue Unit 4301, Sunny Isles Beach; and
WHEREAS, the property receiving the 283 square beet of FAR is described on Exhibit
"A" attached hereto; and
122021 TDR for 43 SIB L IX Page t of3
WHEREAS, the City Commission agrees to authorize the sale and the assignment of the
TDRs contemplated herein as an incentive for development pursuant to its Charter and Home Rule
Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are
incorporated herein by reference as if they are fully set forth herein.
Section 2. Authorizing,the Sale and Assignment of TDRs from NDPRE #14, LLC to 43 SIB
LLC. The City Commission hereby approves the sale and assignment of Transfer of Development
Rights ("TDRs") in the amount of 283 square feet of FAR and zero (0) dwelling units from a
Private TDR Bank account designated for NDPRE #14, LLC to 43 SIB, LLC. SIB, LLC shall
submit to the City payment in full in the amount of Thirty -Five Thousand Three Hundred Seventy -
Five Dollars ($35,375.00) within ten (10) business day from the approval of this Resolution, if
payment is not received, TDRs Sale and Assignment is void and null.
Section 3. Authorizing the Withdrawal and Assignment of TDRs. The City Commission
hereby authorizes the Development Services Director to withdraw 283 square feet of FAR and zero
(0) dwelling units from the Private TDR Bank account designated for NDPRE #14, LLC and to
assign 283 square feet of FAR for the development project for the property located at 17749 Collins
Avenue Unit 4301, Sunny Isles Beach, Florida approved under Zoning Resolution No.
Section 4. Directive to Development Services Director. The Development Services Director
or their designee is hereby directed to adjust the Private TDR Bank account designated for NDPRE
#14, LLC to reflect the withdrawal ot—IT)Rs in the amount of 283 square feet of FAR and zero (0)
dwelling units according to Zoning Resolution No. . Pursuant to the Land Donation
and Transfer of Development Rights Agreement between the City and NDPRE #14, LLC, the City
will sell NDPRE #14 LLC's TDRs at $125 per square foot and shall pay to NDPRE 414 the amount
of proceeds from such sale within thirty ('30) days of the closing.
Section 5. 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.
Section 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and
are hereby repealed.
Section 7. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 15 1h day of July 2(
George H. Scholl, Mayor
2
ATTEST:
Mauricio Uet�ncu4 CMC, City Clerk
APPROVED AS TO FORM
AND LEGAhSUFFICIENCY:
A. Dion, City Attorney
Moved by: commkss"41rc—vlt�LGtG�- Seconded by:
Vote:
Mayor Scholl - AwOT
(Yes)
(No)
Vice Mayor Svechin
(Yes)
(No)
Commissioner Goldman
(Yes)
(NO)
Commissioner I..,ama
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
City of Sunny Isles Beach
1887OCollins Avenue
Sunny Isles Beach, Florida 33lGD
(K05)947-06V6City Hall
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Christopher J. Russo, City Manager
FROM: Claudia Hasbun, Development Services Director
DATE: July I5,2O21
RE: Request of43SIB LLCfor the Property Located atl7749Collins Avenue, Un�
4501,for Balcony Enclosure: (Hearing #PZZOZ1-O8)
RECOMMENDATION:
These applications are consistent with the Citv's Comprehensive Man and the Chvs Land Deve|opnnen
Regulations. Staff has noobjections ifall conditions are accepted.
The Applicant has submitted applications for a Site Plan Modification and Transfer Development Rights
/TDRs\for the Mansion atAcqua|ina located at 17749 Collins Avenue. The Site Plan Modification i
requesting to increase the Floor Area Ratio (FAR) of Unit4301 by 283 square feet nf FAR, through th'
City's TDRs program, by enclosing a section of the unit's western balcony. The Site Plan Modificatim
will increase the approved overall square footage of FAR for Mansions at Acqua|ina project fron
432,6D4square feet ofFAR to432,967square feet ofFAR.
Further, pursuant to Resolution No. 2018'2840, the Applicant is requesting approval for the purchase
and assignment of TDRs in the amount of 283 square feet of FAR and 0 dwelling units from the privatE
Staff Report
Letter mfintent
Application
TDRAppl|catiOn
Item Number: 6.A
Plans
Public Notice
Item Number: 6.A
June 29th, 2021
CITY OF SUNNY ISLES BEACH
DEVELOPMENT REVIEW REPORT
The Mansions at Acqualina
SITE PLAN MODIFICATION &
TRANSFER DEVELOPMENT RIGHTS (TDRs)
PROJECT SUMMARY
Application Number: PZ2021-08
Application Summary: The Applicant has submitted applications for a Site Plan
Modification and Transfer Development Rights (TDRs) for the
Mansion at Acqualina located at 17749 Collins Avenue. The
Site Plan Modification is requesting to increase the Floor Area
Ratio (FAR) of dwelling Unit 4301 by 283 square feet of FAR,
through the City's TDRs program, by enclosing a section of
the dwelling unit's western balcony. The Site Plan Modification
will increase the approved overall square footage of FAR for
Mansions at Acqualina project from 432,684 square feet of
FAR to 432,967 square feet of FAR.
Further, pursuant to Resolution No. 2018-2840, the Applicant
is requesting approval for the purchase and assignment of
TDRs in the amount of 283 square feet of FAR and 0 dwelling
units from the private TDRs account owned by NDPRE#14,
LLC.
Applicant/Owner: 43 SIB LLC
17749 Collins Avenue, Unit 4301
Sunny Isles Beach, FL 33160
Land Area: 99,098 square feet. - 2.275 acres (Lot)
Unit Area: 8,457 square feet.
Location: 17749 Collins Avenue Unit #4301
Folio:
Legal Description:
31-2211-083-0001 (Reference)
31-2211-083-0390 (Unit)
17749 COLLINS AVENUE CONDO UNIT 4301 UNDIV
1.162791 % INT IN COMMON ELEMENTS OFF REC 29719-
2548
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)
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.
History: The Mansions at Acqualina project was approved by City
Commission on December 22, 2011 under City Resolution No.
11-Z-124 and was later modified and approved on March 15,
2012 under City Resolution No. 12-Z-127. The project was
approved for a 46 story, 79-unit condominium building
approved for a total FAR of 431,305 square feet. Throughout
the years, several independent unit owners (Reso No. 16-Z-
159, Reso No. 17-Z-164, Reso No. 19-Z-170, Reso No. 19-Z-
171) have gained approval for balcony enclosures, through
the City's TDRs program, increasing the overall FAR of the
project to 432,684 square feet of FAR.
Adjacent Properties:
Existing Land Use
Zoning
Land Use Plan
North
Mixed Use Resort
MU-R
MU-R
East
None — Atlantic Ocean
N/A
N/A
South
Mixed Use Resort
MU-R
MU-R
West
Neighborhood Business
B-1
NB
III. REQUEST
Pursuant to Section §265-18 and §265-35 of the City of Sunny Isles Beach Land
Development Regulations, the Applicant is requesting a Site Plan Modification to an
approved site plan for an increase in Floor Area Ratio (FAR) from 432,684 square
feet of FAR to 432,967 square feet of FAR. The increase of 283 square feet will only
affect dwelling Unit 4301, increasing the overall FAR of the unit from 8,457 square
feet to 8,740 square feet.
2. Pursuant to Section §265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting approval for the purchase and assignment
of TDRs in the amount of 283 square feet of FAR and 0 dwelling units from the
Private TDRs account owned by NDPRE#14, LLC.
IV. PLANNING REVIEW:
1. Comprehensive Plan
The following policies are being met through this project:
Policy 14B. The Future Land Use Map shall identify all non-residential land as one of
the following non-residential or mixed -use categories with the following
characteristics and limitations as set forth in Policy 15C:
Mixed Use - Resort / High Density: This category is designed to encourage
development and redevelopment within the area east of Collins Avenue for
resort style developments catering to tourists and seasonal residents (hotel,
hotel -apartments, vacation resorts and resort style apartments) as well as
high quality residential apartments. Retail uses such as restaurants,
conference facilities and other convenience services and specialty goods are
permitted provided they are internal and accessory to the hotel I resort
development. Utility, communications, community and recreation facilities
serving the community are also allowed. This category allows an as -of -right
density of a maximum one hundred (100) hotel- apartment units per acre and
fifty (50) dwelling units per acre for apartments and a floor area ratio (F.A.R.)
intensity of 2.5. The allowable number of hotel rooms is controlled by the floor
area ratio. Additional residential density and F.A.R. intensity may be permitted
for developments that comply with bonus program requirements. Residential
densities with bonuses may not exceed eighty (80) units per acre for solely
apartments and one hundred twenty-five (125) units per acre for hotel -
apartments, exclusive of lockout units.
Comment: With the proposed modifications, the increase of floor area
square footage, the project Mansions at Acqualina is still consistent
with the maximum requirements for density and intensity in the Mixed -
Use High Density Resort Future Land Use District.
Policy 14C. The City of Sunny Isles Beach shall continue to utilize innovative Land
Development Regulations to implement the Goals, Objectives and
Policies of the Comprehensive Plan. Such regulations shall include
Transferable Development Rights (TDR) regulations in accordance with
the following standards:
a) Receiver and Sender Districts shall be designated in appropriate areas,
with receiver districts limited to locations within the Town Center, Mixed
Use -High Density I Resort, Mixed Use - Business, and Neighborhood
Business land use categories.
b) Mechanisms to enhance the value and marketability of TDR's shall be
utilized, such as assigning density bonuses to receiver sites which may
exceed the future land use category density limitations set forth in Policy
15B.
c) In no case, HOWEVER, shall the density or intensity on a receiver site
exceed a thirty (30) percent increase in the maximum permitted by the land
use category limitations set in Policy 15B or the land development
regulations and in no case shall the resulting density bonus increases on
any given receiver site exceed the number of dwelling units attainable on
the sender site(s) under these plan provisions so as TO assure NO net
increase in city-wide residential dwelling unit Comprehensive Plan
capacities occurs.
Comment: The Mansion at Acqualina, the receiver site, is located within
the Mixed -Use High- Density Resort, Future Land Use District. If the
proposed modifications requested under this application are approved,
the calculated amount of TDR's overall purchased and assigned for this
project would not exceed the thirty (30) percent maximum permitted by
the land use category limitation set in Policy 15B or the Land
Development Regulations. Refer to Section V. Zoning Review
subsection no. 8 for the intensity breakdown.
V. ZONING REVIEW
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "Terrace Conversion for: Existing Residences", prepared by Ramos Architects &
Associates, Architects and Planners stamped received June 23, 2021, consisting of 3
sheets. Plans are subject to revisions based on comments provided by zoning staff of
the City of Sunny Isles Beach. Plans are subject to modification.
1. 265-35 — Mixed Use Resort (MUR)
265-35. D. Site Development Standards
1. 265-35. D (1) Minimum Lot Area and Width: No modification
requested.
2. 265-35.D (2) & 265-35.D (7) Maximum Height: No modification
requested.
3. 265-35 D (3) Lot Coverage: No modification requested.
4
4. 265-35.13 (4): Minimum Setbacks: No modification requested.
5. 265-35. D (5) Minimum separation between building: No modification
requested.
6. 265-35. D (6) Maximum Building Width: No modification requested.
7. 265-35.13 (8) Beach Access Easement: No modification requested.
8. 265-35. D (9) Floor Area Ratio: Complies. (Changes Proposed)
Maximum floor area ratio (265-35. D(9)(b)):
Allowed: Base 2.50 (247,745 square feet); with FAR Bonus
2.1(208,105 square feet) and TDRs 1.38 (136,755 square feet).
Proposed: 4.369 with bonus FAR and TDRs — 432,967 square feet.
Note: The increase of 283 square feet shall only affect dwelling Unit
4301, increasing the overall FAR of the unit from 8,457 square feet
to 8,740 square feet.
9. 265-35. D (10) Maximum Dwelling Unit Density Bonuses: No
modification requested.
10.265-35.D (11) Minimum Unit Size: No modification requested.
11.265-35.13 (13) Parking Garage/rooftop: No modification requested.
12.265-35.D (14) Loading: No modification requested.
13.265-35 (15) Open Space: No modification requested.
14.265-46 Parking: No modification requested.
15.265-56(A) Signage: No modification requested.
16.104-4.2 Art in Public Places. No modification requested.
17. Construction Staging Plan. No modification requested.
2. Transfer Development Rights (TDR's)
Pursuant to Resolution No. 11-Z-124 passed and adopted December 22, 2011,
and later modified through Resolution No. 12-Z-127 passed and adopted March
15, 2012, the overall Mansion at Acqualina project utilized 431,305 square feet of
Floor Area Ratio (FAR). Throughout the years, several independent unit owners
(Reso No. 16-Z-159, Reso No. 17-Z-164, Reso No. 19-Z-170, Reso No. 19-Z-171)
have gained approval for balcony enclosures, through the City's TDRs program,
increasing the overall FAR of the project to 432,684 square feet of FAR.
5
Under this site plan modification, the Applicant is seeking to purchase TDR's in the
amount of 283 square feet of FAR and zero (0) dwelling units. The assignment and
payment for the additional TDRs shall be as per Condition No. 2 stipulated in
Section VII. Please note that one (1) dwelling unit in the City's TDR bank is
equivalent to 1,997 square feet of floor area.
Pursuant to Resolution 2018-2840, the City approved a Land Donation and
Transfer of Development Rights Agreement between the City and Navarro
("Navarro Agreement"), which requires the City to sell the private TDRs held in
favor of Navarro before the City can sell any TDRs held in the City's public TDR
account. This TDR transaction will utilize the sale of TDRs from the Navarro Private
TDR account in the amount of 283 square feet of FAR and zero (0) dwelling units.
Price of TDRs
Pursuant to Resolution 2018-2840, the The Applicant has agreed to pay the square
foot value of One Hundred and Twenty -Five Dollars ($125.00). The price of One
Hundred and Twenty -Five Dollars ($125.00) per square foot is consistent with the
Guaranteed Maximum Price the City agreed to sell Navarro's TDRs pursuant to
Resolution No. 2018-2840, the Navarro Agreement.
Thus, the total TDR purchase is Thirty -Five Thousand Three Hundred Seventy -
Five Dollars ($35,375.00). Please refer to Condition No. 2 in Section VII.
The effect of the TDRs purchase and approval on the project would be an increase
in intensity (square footage).
3. Traffic Engineering — Not applicable
4. Landscaping Architect — Not applicable
5. Civil Engineering — Not applicable
VI.FINAL ANALYSIS
Based on the above review by City Staff, the application is consistent with the City's
Comprehensive Plan and the City's Land Development Regulations. The site plan
modification requesting an increase of 283 square feet of FAR, will only affect Unit 4301
increasing the overall FAR of the unit from 8,457 square feet to 8,740 square feet of FAR.
The Applicant has not requested any variances as part of this application.
Staff has reviewed the application requests and has no objection if all conditions are
accepted.
VII. CONDITIONS
If the City approves this application, the application will be subject to the following
conditions set forth in Section VII.
0
Conditions to be completed before demolition, below grade or building permits are
issued.
1. That the plans in the approval be substantially in accordance with that submitted for
public hearing, which are entitled "Terrace Conversion for: Existing Residences",
prepared by Ramos Architects & Associates, Architects and Planners stamped received
June 23, 2021, consisting of 3 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. If the accepted appraised value is at $125.00, the Applicant shall submit evidence of
purchase of the required 283 square feet and 0 units of Transfer Development Rights
(TDRs) subject to the Site Plan Approval. That the Applicant provides the City with the
total amount of the approved purchased price of $35,375.00 for the TDR's purchased
from the NDPRE # 14, LLC ("Navarro") Private Bank. Failure to pay the required amount
within the ten (10) working days of approval of the Transfer Development Rights (TDRs)
application and site plan application shall result in an automatic voiding of the City
Commission approval of the Receiving Site, transfer of Transfer Development Rights
(TDRs), and site plan approval.
3. Upon the submittal of an application for a building permit, the plans submitted shall be
approved by 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 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. Upon the submittal of an application for a building permit, the City will only issue a
building permit for this proposed project following written approval from the Mansion at
Acqualina Condominium Association.
Conditions to be completed before any Certificate of Occupancy is issued.
5. Under Section 267-4, the City Manager and/or his/her designee in review of any
application, may refer any such application presented to it to such engineering, planning,
legal, technical, or environmental consultant or professional(s) employed by the City as
the Manager shall deem reasonably necessary to enable him/her to review such
application as required by law. Charges made by such consultants or professionals shall
be in accord with the charges customarily made for such services in Miami -Dade County,
and pursuant to an existing contractual agreement by and between the City and such
consultant. Charges made by the City shall be in accord with the hourly rates charged by
such consultants or hourly rates of employed professionals and shall be paid within 30
days on submission of City voucher.
6. At the time of submission of any application or thereafter, it is required that an escrow
account be established, from which withdrawals shall be made to reimburse the City for
7
the cost of professional review services, if any. The Applicant shall then provide funds to
the City for deposit into such account in an amount to be determined by the City Manager,
based on his/her evaluation of the nature and complexity of the application. The Applicant
shall be provided with copies of any City voucher for such services as they are submitted
to the City. When the balance in such escrow is reduced to one-third (1/3) of its initial
amount, the applicant shall deposit additional funds into such account to bring its balance
up to the amount of the initial deposit. If such account is not replenished within thirty -days
(30) after the applicant is notified, in writing, of the requirements for such additional
deposit, the City may suspend its review of the application. An application shall be
deemed incomplete if any amount shall be outstanding. A building permit or Certificate
of Use and Certificate of Occupancy shall not be issued unless all professional review
fees charged in connection with the applicant's project have been reimbursed to the City.
Once all pertinent charges have been paid, the City shall refund to the Applicant any funds
remaining on deposit.
7. The Applicant shall furnish payment and performance bond in an amount determined
by the Building Official to ensure Applicant's performance of public improvements
required pursuant to site plan approval and in accordance with recommendations of the
Building Official after review of construction plans submitted based on development
approval granted herein. Any such bond shall be issued by a surety having a minimum
rating of A-1 in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject
to the approval of the City, and shall provide that "this bond may not be cancelled or
allowed to lapse until 30 days after receipt by the City, by certified mail, return receipt
requested, of written notice from the issuer of the bond of intent to cancel or not to renew".
As improvements are made the City, within its discretion, may reduce or eliminate the
bond amount. These rights reserved by the City with respect to any construction bond
established pursuant to this section are in addition to all other rights and remedies the
City may have under this Resolution, in law or in equity.
Other Conditions.
8. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the
City upon compliance with all terms and conditions. The Certificate of Occupancy and
Certificate of Use shall be subject to cancellation upon violation of any of the conditions.
9. That the approved site 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.
10. That the Applicant complies with all City Ordinances, County, State and Federal Laws
and Regulations applicable to development and permit approvals.
(END)
City ofSunny Isles Beach
Planning and Zoning Department
l0O7OCollins Ave.
Sunny Isles Beach, PL]3l60
RECEIVED
JUN j
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PLANNING� �M0!N��D��T
xw^_`�.,nv,�,��~/ `'
City ofSunny Isles Beach, FL
&o: Property located at: |7744Collins Ave. #43O),Sunny Isles Beach/ Application for Enclosure ofthe
terrace for Unit 43Olwithin the Mansions at AoquuhmDevelopment/ Request for Public Transfer
Development Regulations (TDRs)
To whom it may concern:
143 SIB,ILC the applicant, am the owner of the property located ati7749 Collins Ave. #430l,Sunny Isles
Beach. [ am requesting usite plan modification adopting the plans for Unit 430\ at Mansions u1&couuUoouu
shown on these plans. The total scope of work with this request to increase by 283 square feet. loaddition, l
also request approval of the purchase of 283 square feet from the public TDRs account, The Unit luourequesting
approval ioconsistent with the provisions ofthe comprehensive plan and LL)Qs. Square footage of the Unit is
8457 SF and the new proposed square footage is 283 and total new square footage is 8740 for this unit. 7`buok
you inadvance for your consideration of this application. | look forward tuyour favorable review.
If you have any questions, please donot hesitate tocontact Curminl]Uhat754-423-6D83.
Sincerely,
- ox 4e- �'�
Print name: Clm;w%l� A)o1ch
State ofFlorida
County of - U
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Sworn tmand subscribed before moonthis D 0 day of by
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PUBLIC HEARING APPLICA
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Proposed Project Name: 43 ) t is
)RECEIVED
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PLANNING & ZONING DEPT
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Name of Applicant ?) si-6 t i,Lc_
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 (I) 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,
Applicant Mailing Address V110 OXIL�Ap c. Age -4 q3t) i City St - 5nA% :EsWe _e, —State ill zip 3Z3 Ito
Tel. # (during working hours) e-mail
Name of Property Owner.
Citylrinrh alm Vikir
Tel. # (during working hours
Contact Person k.:,kfCftt(
Mailing Address 2-OL
City; J;"P!%
Tel. # (during woking hours)
tate zip
e-mail
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.
Size of property: —499g% ft. x ft. acres 2 ITTS AO,
City of Sunny Isles Beach Public Hearing Application Package Page 4 of 23
9. Date subject property acquired Nor leased[] :5 1 day of rx I AD I (o
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 "�o0ntiguous Property".
10
11. Is there an option to purchasear lease []the subject property or property contiguous
thereto?
[]Yes or E<O
If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of
Interest form also).
12. Present zoning classification (s): 50DO PqA'6L 4 MCA&I -s Crew&
oqo-4 R-ps1eA41&kAoW Valbe-Coc%dmintom
1
13. REQUEST (S) COVERED UNDER TH APPLICATION: AAj61 wr\41 a-Q.
Please check the appropriate box and give a brief description of the nature of the
request in the space provided:
• Comprehensive Plan Amendment
• District Boundary Change (s)
• Site Plan Approval
• Conditional Use
• Variance
• Plat Approval
4T,Transfer Development Rights
• Vested Rights
• Appeals
Ej Other:
14. Has a public hearing been held on this property within the last year and a half? o yes Vne'o'
If yes, applicants name
Date of
Nature of hearing
Decision of
Resolution #
City of Sunny Isles Beach Public Hearing Application Package Page 5 of 23
15. Is this hearing being requested as a result of violation notice?[] yes E315o'
If yes, give name to which violation notice was served
Nature of violation
16. Are there any existing structures on the property? eyes Q no
If yes, briefly describe POA1WnJFt&L 1?)ui UtAo
IN
Is there any existing use on the property? 215'es rl no
If yes, what is the use and when was it established?
Use "s, t)kV%4h "
City of Sunny Isles Beach Public Hearing Application Package Page 6 of 23
A
OWNERSHIP AFFIDAVIT
FOR LIMITED LIABILITY COMPANY
STATE OF tSN Public Hearing No
COUNTY OF. tA-s t- ir i < �
Before me, the undersigned authority, personally appeared ai4A1W OA!sk
hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says:
Affiant is the manager, or managing member of the — 14 3 5 18, L L-r'
Limited Liability Company with the following
address:
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:
W nlLiq
'NaLt4s; kefl()e-
00410
U10301 Irldiv 'l.'1�2.�9l�,
IMT Id
e"Onlynoti
-F!t664-'s
OFr Qbd,
Mlq-asYq
4. Affiant is legally authorized to file this application for public hearing:
S. 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 -
Affiant's Signature
6*01HA km5A
Print Name
rrint iName
Sworn to a cribod-Wore me on the 9 day of
Affiant is p=ua yEow) to me or has produced
Identification.
Jackson Wong
Commission Expims: Notary Public
New Jersey
My Commission Expires 4-10-2023
No.2432483
Page 10 of 23
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, ftirther disclosures shall be required which
disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest
in the aforementioned entity).
6 1 b 0 L-Uc'
LLC Name
Name, Address and Office Percentage of Stock
0,ftryA L MASJ4
City of Sunny Isles Beach Public Hearing Application Package Page 14 of 23
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
..... I .................. I ...... ............................. ................................................
If the property, which is the subject of the appli
LIMITED PARTNERSHIP, list the principals
partners. (Note; where the other similar e
disclosures the identity of the individual
in the aforementioned entity}.
tf, is owned or lease by a PARNERTSHIP or
he partnership, including general and limited
further disclosures shall be required which
person) having the ultimate ownership interest
PARTNERSHIP OR LIMITED PARTNERSHIP NAME
N
at /A -
AND AD/ESSPERCENTAGE 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 15 of 23
NAME, ADDRESS AND OFFICE (if applicable) Percentage of Interest
Date of Conti -act:
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.
Sworn to and subscribed before me,
of
Notary Pyblic,
My
* Disclosure shall
an established sec ritirr
interest of which a held in a
and where no one person or ei
limited partnership.
Public Hearing No:
(Applicant) at-tfilln OKI+
20 A
Jackson Wong Jackson Wong Public Notary Public
-Nffla—rY
. Niqw . hweni— New Jersey
the
of the ownership interest in the
City of Sunny Isles Beach Public Hearing Application Package Page 16 of 23
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 (MIDFD) 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, NWFD, 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 pen -nits
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
4,
application.
Signature
9A*
Print Name
Notary: Sw9rn to and subscribed before me this day of v 6e,/
Jackson Wong
Notary Public
New Jersey
No.2432483
City of Sunny Isles Beach Public Hearing Application Package Page 17 of 23
AFFIDAVIT FOR MAILING NOTICES
HEARING NUMBER
NAME OF APPLICATION tg,5 5113 , L-- t--C--
I THE UNDERSIGNED INDIVIDUAL, DO HEREBY AFFIRM THAT ON THE DATE
REFERENCED BELOW, THE NOTICES FOR THE AFOREMENTIONED PUBLIC
HEARING NUMBER WERE RECEIVED FROM THE APPLICANT OR
REPRESENTATIVE OF ABOVE MENTIONED HEARING. SAID NOTICES WERE
POSTEMARKED AND MAILED THROUGH THE U.S.POSTAL SERVICE
DATE
City of Sunny Isles Beach Public Hearing Application Package Page 19 of 23
Date
Date I sue' —j
Resolei -TeL E
L4Zg,
PLANNING & Z %fi 0PT
City of Sunny Isles Beach, FL
U
'D9A 11`12
F L 0 �V�"
OF SUO P",
APPLICATION FORM
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
Clerk of Court Use Only
I. APPLICANT INFORMATION
NAME ?) :5 1 It) i L-L-C.-
PHONE E-MAIL FAX
ADDRESS 1-7 -7 Ll I 0,0(hnS AVt *"q5al
CITY AND STATE 50 0 A Q J--� Ito, ZIP CODE *3 -5 1
1
11. RECEIVER SITE INFORMATION AS APPLICABLE
OWNERS NAME "A a 5 1 P,--) I LL-0-11
PHONE E-MAIL FAX
, I
ADDRESS Uthns Ave, 1301
CITY AND STATE
'i, ZIP CODE 3 5 1 be 0 in Q T 9 1 e, S
PROPERTY ADDRESS/LOCATION 1134q
11-141 evL(;-0s Avenw-'COA" ()f,14- 43C)i
LEGAL DESCRIPTION 1.)AbIV 1,141-101i'l'o ld+ 11660mig on Mv"Ats
0 C-F jLet- Ili 11,1 - 7-S q 9
FOLIO NUMBER r l 1 0 C? .CURRENT ZONING �& 1
PROPERTY SIZE PURCHASE DATE to-*31- aLO16
City of Sunny Isles Beach I "P'lan"n"i'ng", "an'd, Zoning Department
TDR 2011 CH
EXISTING USE OF PROPERTY- R. I tW-A-P Al
EXISTING STRUCTURE ON PROPERTY V'e,& 10 khA I bP AD -6 L,
I
PROPOSED FLOOR AREA RATIO DENSITY
PERCENTAGE OF RIGHTS TO BE RECEIVED
SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED
7-
DWELLING UNITS TO BE RECEIVED
TOTAL FLOOR AREA RATIO INCLUDING TD
TOTAL DWELLING UNITS INCLUDING TD
III. SENDING SITE INFORMATION
OWNERS NAME C4q 0
PHONE E-MAIL FAX
ADDRESS
CITY AND STATE ZIP CODE
PROPERTY ADDRESS/LOCATION
LEGAL DESCRIPTION
FOLIO NUMBER CURRENT ZONING
PROPERTY SIZE PURCHASE DATE
EXISTING USE OF PROPERTY
EXISTING STRUCTURES ON PROPERTY
BASE FLOOR AREA RATIO PERMITTED
UNITS PERMITTED
SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK
DWELLING UNITS TRANFERED TO TDR BANK
Cit
y of Sunny Isles Beach 2 Planning and Zoning Department
TDR 2011 CH
IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE
APPROVED BY THE CITY]
NAME
PHONE E-MAIL FAX
CITY AND STATE ZIP CODE
DATE OF APPRAISAL
APPRAISAL VALUE OF SITE
V. TITLE COMPANY INFORMATION AS APPLICABLE [TITLE COMPANY MUST
BE APPROVED BY CITY]
A COMMITMENT OF TITLE INSURANCE FOR A FORM "B" MUST BE SUPPLIED BY THE
SENDING SITE APPLICANT AS PART OF A COMPLETE APPLICATION
NAME OF TITLE COMPANY
0 1 M E
PHONE E-MAIL F
VI. SURVEY COMPANY INFORMATION
NAME OF SURVEYOR
PHONE E-MAIL FAX
VII. PROPERTY OWNER CERTIFICATION
NAME OF COMPANY
A
ADDRESS I 0:10 UL13S Ayc.*1LI-3u,
PHONE E-MAIL FAX
VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE
City of Sunny Isles Beach Planning and Zoning Department
TDR 2011 CH
(PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR)
IX. CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING
ADJACENT LOTS
X. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGEMENT
1 HEREBY CERTIFY THAT
1) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHEMNTS
ARE TRUE
2) I AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTION (11) (11I)
(circle applicable number).
3) IF THE APPLICATION, AS MODIFIED OR AMENDED DURING THE REVIEW AND
APPROVAL PROCESS, IS GRANTED, I AGREE, IN CONSIDERATION THEREFORE, TO
INDEMNIFY AND HOLD HARMLESS, AND PROMISE NOT TO SUE, THE CITY OF
SUNNY ISLES BEACH, INCLUDING ITS OFFICERS AND EMPLOYEES, IN
CONNECTION WITH ANY CLAIMS OR OTHER ACTIONS ARISING OUT OF SAID
REVIEW AND APPROVAL.
4) 1 HEREBY ACKNOWLEDGE AND AGREE THAT IF THE PROPERTY IS APPROVED AS
A SENDER SITE, IT SHALL BE CONVEYED TO THE CITY AS VACANT PROPERTY
WITHOUT ANY STRUCTURES LOCATED THEREON, UNLESS OTHERWISE
AAPROVED BY THE CITY MANAGER. THE REMOVAL OF STRUCTURES FROM THE
SITE SHALL BE AT NO COST TO THE CITY.
5) I HEREBY ACKNOWLEDGE AND AGREE THAT, AT THE EXPIRATION OF THE FIVE
YEAR PERIOD COMMENCING WITH THE DATE OF THE CITY COMMISSION
APPROVAL OF THE PROPERTY AS A SENDER SITE, ANY UNUSED DEVELOPEMNT
RIGHTS TRANSFERRED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE AND
BECOME EXTINGUISHED AND UNUSABLE.
4e
ATURE OF OWNER (APPLICANT)
SIGNATURE OF CO-OWNER (CO -APPLICANT)
31AM 1..2dS1
DATE
DATE
STATE OF FLORIDA
#aw'mx�ari4•,wa®anILI WInWt4A.YWP#a1141YilNN 41>iMWNtk'l+r✓friY rru+..^¢.r .hFl vr.., =.a �... ru: `. .rv... x.:n,+o +v .'.:: .� .x.r. +x..r.r i... i.:' .e vv :..,vw" r rIVA J41 a'.x.' wntdr., evT x�.M�"•+m'.a,4r....are'.a.
City of Sunny Isles Beach Planning and Zoning Department
TOR 2011 CH
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this D I) day of��c
204, by 6 My& T ohson behalf of
a Florida (corporation) (partnership) (other)
He /She is personally known to me or has produced
(type of identification produced) as identification
and did take an oath. A
My Commission Expires: (,I a), I n-
CARMIN TILLIT
Notary Public - State of Florida
commission # GG 192011
My Comm. Expires Jun 26, 2022
Bonded through National Notary Assn.
STATE OF FLORIDA
COUNTY OF NUAMI-DADE
Public State V Florida
Print Name: CA iA, liuLk
The foregoing instrument was acknowledged before me this day of
20 by on behalf of
a Florida (corporation) (partnership) (other)
He/She is personally known to me or has produced
(type of identification produced) as identification
produced and did take an oath.
My Commission Expires:
Notary Public, State of Florida at Large
Print Name:
City of Sunny Isles Beach 5 Planning and Zoning department
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„NNY /,, S
OA
CITY OF SUNNY ISLES BEACH
o:0.,or
' 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, July 15, 2021, at 6:30 p.m., to consider the following Zoning application:
Application: The Mansions at Acqualina Balcony Enclosure for Unit 4301— 43 SIB LLC ("Applicant”)
Location: 17749 Collins Avenue Unit #4301
Public Hearing #: PZ2021-08
Summary: The Applicant has submitted applications for a Site Plan Modification and a Transfer Development Rights (TDRs)
for the Mansion at Acqualina located at 17749 Collins Avenue. The Site Plan Modification is requesting to increase the Floor
Area Ratio (FAR) of Unit 4301 by 283 square feet of FAR, through the City's TDRs program, by enclosing a section of the
unit's western balcony. The Site Plan Modification will increase the approved overall square footage of FAR for Mansions at
Acqualina project from 432,684 square feet of FAR to 432,967 square feet of FAR. Further, pursuant to Resolution No. 2018-
2840, the Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 283 square feet of FAR
and 0 dwelling units from the private TDRs account owned by NDPRE#14, LLC.
Requests:
1. Pursuant to Section §265-18 and §265-35 of the City of Sunny Isles Beach Land Development Regulations, the
Applicant is requesting a Site Plan Modification to an approved site plan for an increase in Floor Area Ratio
(FAR) from 432,684 square feet of FAR to 432,967 square feet of FAR. The increase of 283 square feet will
only affect dwelling Unit 4301, increasing the overall FAR of the unit from 8,457 square feet to 8,740 square
feet.
2. Pursuant to Section §265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is
requesting approval for the purchase and assignment of TDRs in the amount of 283 square feet of FAR and 0
dwelling units from the Private TDRs account owned by NDPRE#14, LLC.
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Terrace Conversion for:
Existing Residences", prepared by Ramos Architects & Associates, Architects and Planners stamped received June 23, 2021,
consisting of 3 sheets. 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: 17749 COLLINS AVENUE CONDO UNIT 4301 UNDIV 1.162791% INT IN COMMON ELEMENTS OFF REC
29719-2548
Size of Property: 2.275 acres (99,098 sq ft) Size of Unit: 8,457 sq ft
Zone: Subject parcel: MUR- Mixed -use Resort
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 or by sending an email
to PublicComments@sibfl.net. All comments and questions will be read into the record at the meeting. All comments and
questions must be received prior to the commencement of the meeting. Maps and other data pertaining to these applications
are available for public inspection during normal business hours in City Hall. The hearing on these matters may be continued
at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any
decision made by the City Commission with respect to any matter considered at such meeting, 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 Clerk at 305-792-1703,
TTY 305-792-1589 no later than 48 hours prior to the proceedings.