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HomeMy WebLinkAboutReso 2021-3272RESOLUTION NO. 2021- 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 343 SQUARE FEET OF FLOOR AREA RATIO ("FAR") AND ZERO (0) DWELLING UNITS FROM THE CITY'S PUBLIC TDR BANK ACCOUNT TO ELIAS SAAL AND DIANA GRIMBER; AUTHORIZING THE DEVELOPMENT SERVICES DIRECTOR TO WITHDRAW 343 SQUARE FEET OF FAR AND ZERO (0) DWELLING UNITS FROM CITY'S PUBLIC TDR BANK ACCOUNT AND ASSIGNING THE 343 SQUARE FEET OF FAR TO THE PROPERTY LOCATED AT 17875-17885 COLLINS AVENUE, UNIT 4806; AUTHORIZING THE ADJUSTMENT AND MODIFICATION OF THE CITY'S TDR BANK ACCOUNT; 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. , adopted on , 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 Elias Saal and Diana Grimber ("Applicant") related to the property located at 17875-17885 Collins Avenue, Sunny Isles Beach, Florida, for intensity increases of the overall Floor Area Ratio (FAR) square footage from 806,550 square feet of FAR to 806,893 square feet of FAR, an increase of 343 square feet of FAR, as well as for the purchase and assignment of TDRs in the amount of 343 square feet of FAR and zero (0) dwelling units; and WHEREAS, the City Commission hereby agrees to approve the sale and assignment of TDRs from the City's public TDR Bank account to the Applicant in the amount of 343 square feet of FAR and zero (0) dwelling units; and WHEREAS, solely the TDRs in the amount of 343 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 17875-17885 Collins Avenue, Unit 4806, Sunny Isles Beach; and WHEREAS, the City's public TDR Bank account will be adjusted to reflect the withdrawal of 343 square feet of FAR and zero (0) dwelling units to the Applicant and to reflect the TDRs assignment of solely the 343 square feet of FAR for the property located at 17875-17885 Collins Avenue, Unit 4806, Sunny Isles Beach; and WHEREAS, the property receiving the 343 square feet of FAR is described on Exhibit "A" attached hereto; and 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. @BCL@OOOD3875.docx Page 1 of 3 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 the City's public TDR account to Elias Saal and Diana Grimberg. The City Commission hereby approves the sale and assignment of Transfer of Development Rights ("TDRs") in the amount of 343 square feet of FAR and zero (0) dwelling units from the City's public TDR account to Elias Saal and Diana Grimber. Elias Saal and Diana Grimber shall submit to the City payment in full in the amount of Forty -Two Thousand Eight Hundred Seventy -Five Dollars ($42,875.00) within ten (10) working days 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 343 square feet of FAR and zero (0) dwelling units from the City's public TDR account and to assign 343 square feet of FAR for the development project for the property located at 17875-17885 Collins Avenue, Unit 4806, 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 City's public TDR account to reflect the withdrawal of TDRs in the amount of 343 square feet of FAR and zero (0) dwelling units according to Zoning Resolution No. 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 16th day of December 2021. r� Dana Robin Goldman, Mayor ATTEST: Mauricio Betankur, CMCJ City Clerk APPROVED AS TO FORM AND LEG FFICIENCY: Edward A. Dion, City Attorney @BCL@OOOD3875.docx Page 2 of 3 Moved by: Y/S Seconded by: IIJMj 55/DNS bim Vote: Mayor Goldman Vice Mayor Viscarra Commissioner Lama Commissioner Rabinovich Commissioner Stuyvesant (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) @BCL@OOOD3875.docx Page 3 of 3 TDR 201101 City Use Only Date Received Date Issued Resolution SVr1NY Iso o A. ti h it Lu. h• 99 j _=� t.�O �P P *fLO� 5 C�IY Of SUN PCO APPLICATION FORM TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE I. APPLICANT INFORMATION N PHONE E -MA r�EuEIVEmu OCT 21 22 2121 PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL AX Clerk of Court Use Only ADDRESS J3Y3�S ��C11%Lj_ SCIS- _!OU -- CITY AND STATE - U /1 4 it_\ __—ZIP CODE 39-> Q _ II. RECEIVER SITE INFORMATION AS APPLICABLE / OWNERS NAME � G.ci PHONE E-MAIL_ _ Ii'AX ADDRESSS Ate- /Yf� — _--- — CITY AND STATE -.----ZIP CODE PROPERTY ADDRESS/LOCATION -4" c Av uad/1_0lCeG, �j2&ajclugCeo LEGAL DESC;RIPTION 11 qgbt OQw(2-kS� ole _;rn �uv�m o� 46md► FOLIO NUMBER 3122110-1/ 2 yS d CURRENT ZONING ft() 6�- _ PROPERTY SIZE 5,446 SF — PURCHASE DATE__&- '2 a= — ny City of SunIsles Beach 1 Planning and Zoning Deparl lent TDR 2011 CH 35 - MULTI -FAMILY, HIGH DENSITY (OVER 25 DU/GROSS ACRE). EXISTING USE OF PROPERTY EXISTING STRUCTURE... ON PROPERTY PROPOSED FLOOR AREA RATIO 5,788.35 SF DENSITY PERCENTAGE OF RIGHTS TO BE RECEIVED SQUARE FOOT AGE OF FLOOR AREA TO BE RECEIVED_ 342.35 SF DWELLING UNITSTO BE .RECEIVED I TOTAL, FLOOR AREA RATIO INCLUDING TDR 5,788.35 SF TOTAL DWELLING UNITS INCL.,UDING TDR III. SENDING SITE INFORMATION OWNERS N PHONE E-MAIL ADDRESS 1 CTTY AND STATE ZIP CODE PROPERTY ADDRESS/LOCA LEGAL DESCRIPTION FOLIO NUMBER CURRENT ZONING PROPERTY SIZ..,E PURCHASE; DATE EXISTING USE OF PROPERTY EXISTING STRUCTURES ON PROPERTY BASE FLOOR AREA RA`T'IO PERMITTED UNITS PERMITTED SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK DWELLING UNITS TRANFTRED TO TDR BANK_ City of Sunny Isles Beach 2 Planning and Zoning Department TDR 201101 IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY THE CITY] N PHONE E-MAIL FAX ADDRESS CITY AND STATE ZIP COD DATE OF APPRAIS 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 ADDRESS PHONE E-MAIL F VI. SURVEY COMPANY INFORMATION NAME OF SURVEYOR ADD PHONE E-MAIL FAX VII. PROPERTY OWNER CERTIFICATION NAME OF COMPANY 01101 PHONE 1.�,-MAIL. F VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE 1, --- 11-1,- 1 .' A-1; -, t, 1,11-1 , - , ,,, !.,,,,,I - - City of Sunny Isles Beach 3 Planning and Zoning Department TDR 2011 C11 (PROVIDE CERTIFICATION FROM CITY'S CIIII:F CODE INSPECTOR) IX. CERTIFICATION OF RESOLU'T'ION FOR YOUR PROPERTY AND INCLUDING ADJACENT .LOTS X. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGEMENT I HEREBY CERTIFY THAT 1) THE INFORMATION FURNISI-IED ON THIS APPLICATTON AND THE ATTACIIEMNTS ARE TRUE 2) 1 AM THE OWNER OF RECORD OF TIIE PROPERTY DESCRIBED IN SECTION (II) (1II) (circle applicable number). 3) IF TIIE 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 NOTTO 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 TIIE 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 ATNO COST TO THE CITY. S) I HEREBY ACKNOWLEDGE AND AGREE THAT, ATTHE EXPIRATION OF THE FIVE YEAR PERIOD COMMENCING WITH TIIE DATE OF THE CITY COMMISSION APPROVAL. OF THE PROPERTY AS A SENDER SITE, ANY UNUSED DEVELOPEMNT RI S `TRANSFERRED FROM T'HTE SENDER SITE SHALL EXPIRE,'FERMINATE AND BE"E I,XTING S - ED AND UNUSABLE. SIGNATURE 0 10 laul UTE C /'?" -2 1 SIGNAT RE OF CO -0 NE (CO-APPL.,.ICANf) DATE STATE OF FLORIDA City of Sunny Isles Beach 4 Planning and Zoning Department TOR 2011 CH COUNTY OF MIAMI-DADE 1h D&lobi r The foregoing instrument was acknowledged before me this / / day of , 20 U 20 , bylaria � m km on behalf of a Florida (corporation) (partnership) (other) _ IIe /She ise}ally known to me or has produced L. i J2i u"se. _type of identification produced) as identification and did take th. \\\\`\\ SWIS 04,9 ,9;eli �� ; • MMIS� ioy • �✓ y6 � tesi %7'22 Za 23 M dot � 1� 'i'r ='� • `"' _ otary Public State of Florida h`GG 357780OA �• H ded riuv cty� 0��� Print Name: /are %Vi S&S�rb STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this /P" day of (OC -4 Le r 202-1, by `r' _I a 5i_�� on behalf of a Florida (corporation) (partnership) (other) _ He/She is mrsonally known to me or has produced R Lr1yer &n se. (type of identification produced) as identification produced and did take an oath. My Commission Expires: �����11161111111/l/fir 22/2mZ3 � MARELV/s e 1_4 *...0 ;Z 6z : _4* ; m c� �89 i w '`�" (Ac' •.;�ry3 Ices •• >�"� XIt Nota y Public, State of Florida • t .L,rg m Print Name: lAo ryi s C&Sfm City of Sunny Isles Beach 5 Planning and Zoning Depaitment OF SiJW h�G City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 � • Fl4Fi 4 C,rt (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Planning and Zoning DATE: December 16, 2021 RE: Approving the Purchase and Assignment of Public TDRs for the Acqulan< Resort and Spa, Unit 4806 RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: According to the Site Plan Modification and Transfer Development Rights applications (PZ2021-21) the Applicant is requesting to approve the purchase and assignment of Public Transfer Developmeni Rights (TDRs) in the amount of 343 square feet of Floor Area Ratio (FAR) and 0 dwelling units with a adjustment from the City TDRs bank in the amount of 343 square feet of FAR and 0 dwelling units. Thi City shall consider the acceptance of the appraised land value of $125.00 per square feet, for a total of $42,875.00 for the TDR's purchase. The Applicant shall provide the City with a non-refundable amourr of the approved purchased price within the ten (10) working days of approval of the Transfer Development Rights (TDRs) application. ATTACHMENTS: Resolution TDR Application Item Number: 10.A �iF `P9 F , SST c`r' O f 5 W N hTyC City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Planning and Zoning DATE: December 16, 2021 RE: Site Plan Modification and TDRs Application for 17875 Collins Avenue Uni 4806 Balcony Enclosure RECOMMENDATION: This application is consistent with the City's Comprehensive Plan and consistent with the City's Lan( Development Regulations. Based on this, Staff has no objections to the requests with the stipulated conditions, for your consideration. REASONS: The Applicant has submitted applications for a Site Plan Modification and Transfer Development Rights (TDRs) for the Acqualina Resort and Spa located at 17875-17885 Collins Avenue. The Site Pla Modification is requesting to increase the Floor Area Ratio (FAR) of Unit 4806 by 343 square feet o FAR, through the City's TDRs program, by enclosing a section of the unit's southern balcony. The Sit( Plan Modification will increase the approved overall square footage of FAR for the Acqualina Resor- and esorand Spa project from 806,550 square feet of FAR to 806,893 square feet of FAR. The increase of 34: square feet of FAR, will only affect Unit 4806 increasing the overall FAR of the unit from 5,466 squarE feet to 5,809 square feet of FAR. The Applicant has not requested any variances as part of thi application. Further, the Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 343 square feet of FAR and 0 dwelling units from the City's public TDR bank account. ATTACHMENTS: Revised Letter of Intent Item Number: 6.13 Staff Report Plans Condominium Approval Letter Public Notice Item Number: 6.6 November 15, 2021. City of Sunny Isles Beach. Re: Letter of Intent for Transfer of Development Rights. i Collins Ave., Unit PF 4806, Sunny Isles Florida To Whom It May Concern: E. E I V E D NOV 1 8 2021 '' INNING & ZONING DEPT. City of Sunny Isles Beach, FL The proposed site plan modification is to enclose a portion of the south terrace located within the Tower's dwelling unit #4806, resulting in an increase of 343 square feet of Floor Area Ratio (FAR) of the dwelling unit. The site plan modification is to increase the overall FAR of the Tower from a total of 806,550 square feet of FAR to 806,893 square feet of FAR. The additional FAR is to be acquired from the City's Transfer Development Rights (TOR's) program, and approval of the purchase and assignment of TORs from the available TORs Bank in the amount of 343 square feet of FAR and 0 dwelling units. Sincerely, 67 "IH 16785e 7 I Y Jnr r :gyres Aug 23, 2:125 tij Banded 'chi r r at ona; votary assn. December 6th, 2021 P FLOG 5 o�rr o� SUN PNO CITY OF SUNNY ISLES BEACH DEVELOPMENT REVIEW REPORT Acqualina Resort and Spa SITE PLAN MODIFICATION & TRANSFER DEVELOPMENT RIGHTS (TDRs) PROJECT SUMMARY Application Number: PZ2021-21 Application Summary: The Applicant has submitted applications for a Site Plan Modification and Transfer Development Rights (TDRs) for the Acqualina Resort and Spa located at 17875-17885 Collins Avenue. The Site Plan Modification is requesting to increase the Floor Area Ratio (FAR) of Unit 4806 by 343 square feet of FAR, through the City's TDRs program, by enclosing a section of the unit's southern balcony. The Site Plan Modification will increase the approved overall square footage of FAR for the Acqualina Resort and Spa project from 806,550 square feet of FAR to 806,893 square feet of FAR. Further, the Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 343 square feet of FAR and 0 dwelling units from the City's public TDR bank account. Applicant/Owner: Elias Saal and Diana Grimberg 17875 Collins Avenue, Unit 4806 Sunny Isles Beach, FL 33160 SITE INFORMATION Land Area: 244,710 square feet. — 5.617 acres (Lot) Unit Area: 5,466 square feet. Location: 17875 Collins Avenue Unit #4806 Folio: 31-2211-071-0001 (Reference) 31-2211-071-2450 (Unit) Legal Description: ACQUALINA OCEAN RESIDENCES & RESORT CONDO UNIT PH4806 UNDIV 0.8054 % INT IN COMMON ELEMENTS QFF REC 24246-3383 OR 25156-0575 11 2006 1 COC 26503-3684 06 2008 1. 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 Acqualina Resort and Spa project was approved pursuant City Resolution No. 98-Z-17 adopted August 13, 1998, later modified by Resolution No. 00-Z-46 adopted on April 13, 2000, Resolution No. 05-Z-96 adopted on October 11, 2005, and Resolution No. 14-Z-147 adopted on November 20tH 2014. The project was approved for a condominium -hotel with 806,550 square feet of FAR and with 215 dwelling units, 20 hotel rooms and 14 lockout (transient) units. Adjacent Properties: Ill. 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 2 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 Ill. 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 2 approved site plan for an increase in Floor Area Ratio (FAR) from 806,550 square feet of FAR to 806,893 square feet of FAR. The increase of 343 square feet will only affect dwelling Unit 4806, increasing the overall FAR of the unit from 5,466 square feet to 5,809 square feet of FAR. 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 343 square feet of FAR and 0 dwelling units from the City's public TDR bank account. 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 ratio square footage, the project Acqualina Resort and Spa 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: V. 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 Acqualina Resort and Spa, 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. ZONING REVIEW The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Acqualina Residences, Unit Penthouse Level 4806 - TDR Application", prepared by M + R Design Build Consulting, Corp. stamped received November 24, 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. 265-35.13 (2) & 265-35.13 (7) Maximum Height: No modification requested. 3. 265-35 D (3) Lot Coverage: No modification requested. 4. 265-35.1) (4): Minimum Setbacks: No modification requested. 5. 265-35. D (5) Minimum separation between building: No modification requested. El 6. 265-35. D (6) Maximum Building Width: No modification requested. 7. 265-35.D (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: 5.98 FAR or 1,463,365.8 square feet Base 2.50 (611,775 square feet); with FAR Bonus 2.1(513,891 square feet) and TDRs 1.38 (337,699.8 square feet). Proposed: 3.297 with bonus FAR and TDRs — 806,893 square feet. Note: The increase of 343 square feet shall only affect dwelling Unit 4806, increasing the overall FAR of the unit from 5,466 square feet to 5,809 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.D (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 City Resolution No. 98-Z-17 passed and adopted August 13, 1998, later modified by Resolution No. 00-Z-46 passed and adopted on April 13, 2000, Resolution No. 05-Z-96 adopted on October 11, 2005, and Resolution No. 14-Z- 147 adopted on November 20th, 2014, the overall Acqualina Resort and Spa utilized 806,550 square feet of FAR. Under this site plan modification, the Applicant is seeking to purchase and assign TDR's in the amount of 343 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. Price of TDRs The latest appraisal report done by Appraisal First Real Estate Appraisers, LLC. Date stamped September 3rd, 2021, reflects the square foot market value as One Hundred Twenty-five Dollars ($125.00) of allowable FAR. The Applicant has agreed to pay the square foot value of One Hundred and Twenty -Five Dollars ($125.00) and City staff has agreed to accept said appraisal report. Thus, the total TDR purchase is Forty -Two Thousand Eight Hundred Seventy -Five Dollars ($42,875.00). 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 343 square feet of FAR, will only affect Unit 4806 increasing the overall FAR of the unit from 5,466 square feet to 5,809 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. 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 "Acqualina Residences, Unit Penthouse Level 4806 - TDR Application", prepared by M + R Design Build Consulting, Corp. stamped received November 24, 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 343 square feet of floor area ratio and 0 dwelling units of Transfer 0 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 $42,875.00 for the TDR's purchased from the City's Public TDR 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. Conditions to be completed before any Certificate of Occupancy is issued. 4. 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. 5. 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. 6. 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 7 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. 7. 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. 8. 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. 9. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. (END) — . ° i ��p p ! __�_.__. NO A a l S]\\]O/]U vNnvnOov 133rOUd «" SSS` ' \ LLI \~ % { |§)§$ / \ .. a e . €3a� gi 9 aq 8Bc 8 aeice MMOIJ-ne ssmstmNns a 1wn'3nv Snm O wall NOIIVOI1ddV a01 • R'yv _: ��6a1' s x! 9091713A313snOH1N3d llNn E s : j� O1 0 0 �;;� a3 ��Is��� �-8 ry v `•C3 3 �a §9�UU 15g( S��N3GIS�I � VNllvnoov _w 10Fs ; J9Bp 6 k• k € 030, 10,1111A$ S se@ :103fOtld H O•oi�°^ I 8 IR1 i = I w _LL o � o� 3viallu H fi -;g I 8 IR1 i I i IL U; \ 2Ae 0_,__�—,—_OWL ?|°-2),,2l?1 , en � i,�/s HIM' 630N301SMAVNnvnO:v 2 ' §; q -----« \� �§ / 7g \ \§ H §§ |§) | $) §^ | ��§■ `` ,| §§"§`■ §§ | \� �§ / 7g \ \§ H 0 ACQUALINA OCEAN RESIDENCES % RESORT, A CONDOMINIUM May 14, 2019 Elias Saal & Diana Grimberg Peisach: 17885 Collins Avenue Unit #4806 Sunny Isles Beach, FL 33160 RECEIVE® NOV 2.3 2021 PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL RE: APPLICATION FOR MODIFICATIONS, AL'T'ERATIONS, AND/OR ADDITIONS TO UNIT #4806 IN ACQUALINA OCEAN RESIDENCES & RESORT, A CONDOMINIUM. Dear Mr. Saal: You have submitted an application to ACQUALINA OCEAN RESIDENCES & RESORT CONDOMINIUM ASSOCIATION, INC. (the "Association") and ACQUALINA HOLDINGS INC. (the "Hotel Unit Owner") to make certain modifications, alterations, and/or additions to the above-mentioned unit in accordance with those certain plans and specifications prepared by M+R Design Build Consulting, Corp most recently dated May 1, 2019 and consisting of seventeen (17) page(s) (the "Plans"). Please be advised that. the Hotel Unit Owner has approved your request to make the modifications, alterations, and/or additions set forth in the plans subject to sheet the ANNEX noted below by the Executive Director of Engineering. Please note that the doors at your entrance need to meet all fire code requirements. The lighting fixture at your entrance vestibule is to remain with one (1) bulb at (277v) and must not be placed on a dimmer and must meet all code requirements. Please present shop drawing for approval prior to installation. These approved plans have been initialed by us. The foregoing approval is subject to the following terms and conditions: The approval is subject to all of the provisions of the Declaration of Acqualina Ocean Residences & Resort, A Condominium (the "Declaration") including, without limitation, the provisions of Sections 8 and 16.5 thereof. Without limiting the generality of the foregoing, all hard and/or heavy surface floor coverings must be installed in strict accordance with the requirements of Section 16.10 of the Declaration. 2. All work relating to the security system in the unit must be performed by Glanz Technologies, Inc. replacement panels will be at your own expense. All work relating to the sprinkler system Jn the unit must be performed by Simplex/Grinnell Fire Protection Company. In addition, no such work will be permitted without coordinating said work with the building's Director of Engineering. 3. To the extent applicable building code and/or other governmental regulations require a building permit for the work to be performed in your unit, you are required to obtain one. A copy of the building permit specific to the work to be performed in your unit must be delivered to the Condominium Management office prior to the commencement of any work. 4. Only the modifications, alterations, and/or additions specifically set forth in the Plans have been approved. You are not permitted to perform any other modifications, alterations, and/or additions to the unit without the approval of the Hotel Unit Owner in accordance with Section 8 and 16.5 of the Declaration. Any such additional modifications, alterations, and/or additions cannot be approved until and unless a properly completed application together with plans detailing such work have been submitted to, and approved by the Hotel Unit Owner. Please be advised that the Hotel Unit Owner's review and approval of the Plans and any other submissions are intended solely for the benefit of the Hotel Unit Owner. Neither the Hotel Unit Owner, nor any of its officers, directors, agents or employees, shall be liable to you or any other person by reason of mistake in judgment, failure to point out or correct deficiencies, negligence or any other misfeasance, malfeasance or non -feasance arising out of or in connection with the approval of the Plans and other submissions. Without limiting the generality of the foregoing, the Hotel Unit Owner is not responsible for reviewing, nor has it reviewed, the Plans from the standpoint of safety, soundness, workmanship, materials, conformity with building systems, usefulness, conformity with building or other codes or industry standards, or compliance with governmental requirements. By making the approved modifications, alterations, and/or additions, you (and your successors and assigns) agree to indemnify and hold harmless the Hotel Unit Owner from and against any and all claims, damages, liabilities, cost and expenses whatsoever (including, without limitation, reasonable attorneys' fees and court costs at all trail and appellate levels) arising out of or in connection with: (i) the Hotel Unit Owner's review of the Plans and any other submissions, or (ii) your making of modifications, alterations, or additions to the unit. Please coordinate your work with the Condominium Management Office, by calling (305) 918-6906. The office should be given advance notice of the intended commencement date for your work, the names of your contractor, decorator and sub -contractors, as well as of the dates for delivery of materials and equipment to your unit. ANNEX ® Demo Plan `D-1': No objections on demolition. Based on the fact that they are removing walls, they need to verify that no lines impacting the building are running on affected walls. ® Floor Plan A-1: Toilets in Master Bathroom to be relocated. As per plumbing plan they are planning to tie toilets drain line using ejectors pumps. See my comment below. o Reflected Ceiling Plan A-2: Additional new lighting fixtures and sprinklers heads relocation. See my comments below. a Flooring Plan A-3: They need to provide cut -sheet regarding the Sound Proofing Material to prove is in full compliance with our recommendations. © Details Schedules A-4: No comments ® Electrical Floor Plan E-1 and Schedules Details E -2: No continents © Fire Protection FP -1 & FP — 2: They are proposing to relocate some Fire Sprinklers Heads, This has to be done by our approved contractor, no independent contractor will be allowed to perform any alteration to the system. F Mechanical Floor Plan M-1: The Toilet Exhaust Wall Corp has to be approved by our building f M-2 <S& M-3: No comments Plumbing Floor Plan P-1 & P-2: Additional information related to the Ejector Pumps with Tanks `Liberty' Model Ascent II and the approach to tie in to existing drain lines is required. There are some information on the Isometrics on P — 2 but I need to see details and specification of the proposed system. They are proposing to relocate both toilets, his and her, and use the ejectors pump for the waste water. This particular system has not been used in the system so I need to ensure has no potential for leaks affecting units below. In addition, if they are planning to abandon the current sewer lines from toilets and caps, I need to understand how are they reaching the lines under their slab without affecting the unit below as well. Should be ideal if the GC has meeting with me to review all these observations before I sign the documents and extend the letter. General Notes and Details P — 3: All indicates that the new toilets are WC2 Flush Tank 1.28 GPF Floor Mounted, Wall Discharged, please confirm. t Windows on S-0: > The Executive Director of Engineering has to approve plans/drawing for alteration to existing fagade. > The Executive Director of Engineering need further structural details, NOA for proposed windows and wind load calculation to make sure the safety of the building is not compromised while approved by the City of Sunny Isles. Upon completion of the Modifications, Alterations, and/or Additions to the unit as described above, you are required to obtain fi-om the building department a Certificate of Completion and you are required to present this Certifi to to the Hotel Unit Owner as confirmation that the work was completed according to the approval,gi-ant d by the Hotel Unit Owner. EXECUTIVE DIRECTOR OF ENGINEERING ACQUALINA MANAGEMENT LLC D/b/a ACQUALINA OCEAN RESIDENCES & RESORT CONDOMINIUM ASSOCIATION, INC. cc: Unit 4806 File Approval letter for Modifications, Alterations & Additions Unit 4806 O� S'NNY /S,FSB CITY OF SUNNY ISLES BEACH ' NOTICE OF ZONING HEARING 5 I�➢' C„r of SUOa��'O 5� 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, December 16, 2021, at 6:30 p.m., to consider the following Zoning application: Application: Acqualina Resort and Spa Balcony Enclosure for Unit 4806— Elais Saal and Diana Grimberg ("Applicant") Location: 17875 Collins Avenue Unit #4806 Public Hearing #: PZ2021-21 Summary: The Applicant has submitted applications for a Site Plan Modification and Transfer Development Rights (TDRs) for the Acqualina Resort and Spa located at 17875-17885 Collins Avenue. The Site Plan Modification is requesting to increase the Floor Area Ratio (FAR) of Unit 4806 by 343 square feet of FAR, through the City's TDRs program, by enclosing a section of the unit's southern balcony. The Site Plan Modification will increase the approved overall square footage of FAR for the Acqualina Resort and Spa project from 806,550 square feet of FAR to 806,893 square feet of FAR. Further, the Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 343 square feet of FAR and 0 dwelling units from the City's public TDR bank account. 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 806,550 square feet of FAR to 806,893 square feet of FAR. The increase of 343 square feet will only affect dwelling Unit 4806, increasing the overall FAR of the unit from 5,466 square feet to 5,809 square feet of FAR. 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 343 square feet of FAR and 0 dwelling units from the City's public TDR bank account. The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Acqualina Residences, Unit Penthouse Level 4806- TDR Application", prepared by M + R Design Build Consulting, Corp. stamped received November 24, 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: ACQUALINA OCEAN RESIDENCES & RESORT CONDO UNIT PH4806 UNDIV 0.8054 % INT IN COMMON ELEMENTS QFF REC 24246-3383 OR 25156-0575 112006 1 COC 26503-3684 06 2008 1. Size of Property: 5.617 acres (244,710 sq ft) Size of Unit: 5,466 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.