HomeMy WebLinkAboutZoning Resolution 21-Z-181 RESOLUTION NO. 21-Z- i y i
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION
APPLICATION (PZ2021-08) SUBMITTED BY 43 SIB LLC, FOR THE
PROJECT ENTITLED "MANSIONS AT ACQUALINA" TO INCREASE
THE FLOOR AREA RATIO (FAR) OF DWELLING UNIT 4301 BY 283
SQUARE FEET OF FAR, THROUGH THE CITY'S TRANSFER
DEVELOPMENT RIGHTS (TDR) PROGRAM, BY ENCLOSING A
SECTION OF THE DWELLING UNIT'S WESTERN BALCONY, WHICH
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;
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, 43 SIB LLC (the "Applicant") is seeking approval of a Site Plan
Modification(PZ2021-08)to modify the approved site plan for the Mansions at Acqualina project
which was approved by the City of Sunny Isles Beach ("City") 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; and
WHEREAS, the overall Mansions at Acqualina project initially utilized 431,305 square
feet of Floor Area Ratio ("FAR"), and throughout the years, several independent unit owners
(Resolution No. 16-Z-159, Resolution No. 17-Z-164, Resolution No. 19-Z-170, Resolution No.
19-Z-171) have obtained approval for balcony enclosures, through the City's Transfer
Development Rights ("TDR") program, increasing the overall FAR of the project to 432,684
square feet of FAR; and
WHEREAS, the applicant is seeking to increase the FAR of dwelling Unit 4301 by 283
square feet of FAR,through the City's TDR program,by enclosing a section of the dwelling unit's
western balcony; and
WHEREAS, pursuant to the instant 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; and
WHEREAS, 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; and
WHEREAS, via Resolution 2021-3222, the City Commission approved the Applicant's
purchase of TDRs in the amount of 283 square feet of FAR and 0 dwelling units from the private
TDR bank account of NDPRE #14, LLC, and further approved the assignment of solely the 283
square feet of FAR to the property located at 17749 Collins Avenue in furtherance of the requested
site plan modification; and
WHEREAS, the Applicant's site plan modification application requests the following:
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.
Legal Description: 17749 COLLINS AVENUE CONDO UNIT 4301 UNDIV
1.162791% INT IN COMMON ELEMENTS OFF REC 29719-
2548
Address: 17749 Collins Avenue Unit#4301
Folio: 31-2211-083-0001 (Reference)
31-2211-083-0390 (Unit)
WHEREAS, on July 15, 2021, 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 Development
Review Report; and
WHEREAS,the City Commission reviewed the application for site plan modification,the
written and oral recommendations of the Development Services Department, including the
recommended conditions, and hereby finds competent substantial evidence to support a showing
by the Applicant that the request for an approval 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 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 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
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site plan modification of the approved site plan under Resolution No. 11-Z-124 adopted on
December 22, 2011, which was later modified by Resolution Nos. 12-Z-127, 16-Z-159, 17-Z-164,
19-Z-170, and 19-Z-171:
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, thus increasing the overall square footage of FAR for
Mansions at Acqualina project from 432,684 square feet of FAR to 432,967 square
feet of FAR.
is in compliance with the Comprehensive Plan and the Land Development Regulations of the City
of Sunny Isles Beach, and there is substantial competent evidence to support approval of the
application.
Section 3. Approval. The Applicant's request for a site plan modification of the approved site
plan under Resolution No. 11-Z-124 adopted on December 22, 2011, which was later modified by
Resolution Nos. 12-Z-127, 16-Z-159, 17-Z-164, 19-Z-170, and 19-Z-171 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,thus increasing the overall
square footage of FAR for Mansions at Acqualina project from 432,684 square feet of FAR to
432,967 square feet of FAR, is hereby approved subject to all conditions set forth in Section 4
below.
Section 4. Conditions.
I. Conditions to be completed before demolition, below grade or building permits are
issued.
A. 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.
B. 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.
C. 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
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Section 265-18 of the City Code; the Applicant shall be required to obtain another approval of the
City Commission.
D. 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 Mansions at
Acqualina Condominium Association.
II. Conditions to be completed before any Certificate of Occupancy is issued.
A. 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.
B. 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 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.
C. 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.
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III. Other Conditions.
A. 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.
B. 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.
C. That the Applicant complies with all City Ordinances, County, State and Federal Laws and
Regulations applicable to development and permit approvals.
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.
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PASSED AND ADOPTED this 15th d. , of Ju 2021.
George . School, Mayor
ATTEST: i APPROVED AS TO FORM
, AND LEGAL CIENCY:
4 Of e
.ilitai
Mauri• o Beta cur, CMC, City Clerk ( _Edward A. Dion, City Attorney
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Moved by: Co li9IcriEt V i WW1, Seconded by: ISr,oM
Vote:
Mayor Scholl-a6LErir (Yes) (No)
Vice Mayor Svechin -7-(Yes) (No)
Commissioner Goldman J (Yes) (No)
Commissioner Lama i (Yes) (No)
Commissioner Viscarra ✓ (Yes) (No)
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