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HomeMy WebLinkAboutZoning Resolution 21-Z-180RESOLUTION NO. 21-Z- �0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2021-04) SUBMITTED BY A3 DEVELOPMENT, LLC, FOR THE PROJECT ENTITLED "THE ESTATES AT ACQUALINA" TO DECREASE THE DENSITY FROM 246 RESIDENTIAL UNITS TO 245 RESIDENTIAL UNITS, TO REDUCE THE NUMBER OF REQUIRED PARKING SPACES FROM 532 PARKING SPACES TO 530 PARKING SPACES, AND TO INCREASE INTENSITY OF THE OVERALL FLOOR AREA RATIO (FAR) SQUARE FOOTAGE FROM 1,179,384 SQUARE FEET OF FAR TO 1,191,245 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, A3 Development, LLC (the "Applicant") is seeking approval to modify the approved site plan pursuant to Resolution No. 14-Z-144 adopted on September 18, 2014 which included two (2) residential towers with a parking garage, and a club house area, which was later modified pursuant to Resolution No. 15-Z-153 adopted April 15, 2015, Resolution No. 18-Z-165 adopted April 19, 2018, and Resolution No. 19-Z-173 adopted November 21, 2019 to include two residential towers with a total of 246 dwelling units and with an overall Floor Area Ratio ("FAR") of 1,179,384 square feet; and WHEREAS, the Applicant is seeking approval of a site plan modification to decrease the density by one (1) residential dwelling unit (decrease from 246 residential units to 245 residential units, 153 units in the south tower and 92 in the north tower), to reduce the parking requirement from 532 parking spaces to 530 required parking spaces, and to increase of the overall FAR from 1,179,384 square feet of FAR to 1,191,245 square feet of FAR through the City's Transfer Development Rights ("TDRs") program (Application No. PZ2021-04); and WHEREAS, via Resolution 2021- , the City Commission approved the Applicant's purchase of TDRs in the amount of 11,861 square feet of FAR and 5 dwelling units from the private TDR bank account of NDPRE #14, LLC, and further approved the assignment of solely the 11,861 square feet of FAR to the property located at 17901 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 Sections §265-18 and §265-35 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a modification to an approved site plan for a decrease in density from 246 residential units to 245 residential units. Due to the reduction of one (1) unit, a request to reduce the number of required parking spaces from 532 parking spaces to 530 parking spaces. Additionally, an intensity increases of the overall Floor Area Ratio (FAR) square footage from 1,179,384 square feet of FAR to 1,191,245 square feet of FAR. 2. Pursuant to Section §265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting to purchase additional Transfer Development Rights (TDRs) in the amount of 11,861 square feet of FAR and five (5) dwelling units. However, the applicant is seeking to assign 11,861 square feet of FAR and zero (0) dwellings units to the project. Legal Description: That portion of the property originally declared to be GOLDEN STRAND OCEAN VILLA RESORT, A CONDOMINIUM, according to the Declaration of Condominium thereof, recorded on March 28, 1982, in Official Records Book 11392, at Page 336, as amended by Amendment to Declaration of Condominium of Golden Strand Ocean Villa Resort, a Condominium, recorded May 17, 1982, in Official Records Book 11441, Page 1296, as amended and restated by that Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, attached to that Amendment to Declaration recorded on January 25, 1984, in Official Records Book 12035, page 2760, as further amended by that Second Amendment to Declaration, recorded July 26, 1985, in Official Records Book 12587, page 71, by that Third Amendment to Declaration of Condominium of Golden Strand Ocean Villa Resort, a Condominium, recorded on December 2, 1988, in Official Records Book 13911, page 1241, by that Fourth Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, recorded on January 17, 1989, in Official Records Book 13961, page 1828, by that Fifth Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, recorded on August 27, 2004, in Official Records Book 22612, page 4950, and by that Certificate of Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort Association, Inc., recorded on October 30, 2006, in Official Records Book 25054, page 2195, and by that Seventh Amendment to Declaration of Condominium recorded on May 7, 2014 in Official Records Book 29141, at page 2986, all in the Public Records of Miami -Dade County, Florida, described as: Tract "Q" of AMENDED PLAT OF NORTH BISCAYNE BEACH, according to the plat thereof, recorded in Plat Book 44, Page 42, of the Public Records of Miami -Dade County Florida. Surveyor's Note: GOLDEN STRAND OCEAN VILLA RESORT, A CONDOMINIUM, previously included the following real property which was removed and withdrawn from the Condominium by that Certificate of Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort Association, Inc., recorded on October 30, 2006, in Official Records Book 25054, page 2195 recorded in the Public Records of Miami - Dade County, Florida: Legal Description (West Parcel - off street parking lot): A portion of Tract "A" of THE PEOPLES PROPERTY according to the plat thereof, as recorded in Plat Book 106, Page 37 of the Public Records of Miami -Dade County, Florida, less and except the South 125.00 feet of said Tract "A" being more fully described as follows: Begin at the Northwest corner of said Tract "A"; thence on a bearing of East along the North line of said Tract "A" for 200.00 feet to the Northeast corner thereof; thence continue on a bearing of South 06°06'20" West along the Easterly line of said Tract "A" for 60.00 feet; thence on a bearing of East along the Northerly line of said Tract "A" for 50.00 feet to the East line of said Tract "A"; thence South 06°06'20" West along the East line of said Tract "A" for 74.29 feet; thence on a bearing of West along a line parallel with and 125.00 feet North of as measured at 90°00'00" from the South line of said Tract "A" for 250.00 feet to a point on the West line of said Tract "A"; thence North 06°06'20" East along said West line of said Tract "A" for 134.28 feet to the Point of Beginning Subject to the Easement described in that certain Warranty Deed recorded in Official Records Book 12000, Page 92 of the Public Records of Miami -Dade County, Florida. Address: 17901 Collins Avenue 17941 Atlantic Boulevard (Off-street parking lot) Folio: 31-2201-017-0001 (Reference) 31-2202-003-0290 (West parcel — Off street parking) WHEREAS, on May 20, 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 thestability 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 site plan modification of the approved site plan under Resolution No. 14-Z-144 adopted on September 18, 2014, Resolution No. 15-Z-153 adopted April 15, 2015, Resolution No. 18-Z-165 adopted April 19, 2018, and Resolution No. 19-Z-173 adopted November 21, 2019 to: decrease the density by one (1) residential dwelling unit (decrease from 246 residential units to 245 residential units, 153 units in the south tower and 92 in the north tower), to reduce the parking requirement from 532 parking spaces to 530 required parking spaces, and to increase of the overall FAR from 1,179,384 square feet of FAR to 1,191,245 square feet of FAR through the City's Transfer Development Rights program, 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. 14-Z-144 adopted on September 18, 2014, Resolution No. 15-Z-153 adopted April 15, 2015, Resolution No. 18-Z-165 adopted April 19, 2018, and Resolution No. 19- Z-173 adopted November 21, 2019 to decrease the density by one (1) residential dwelling unit (decrease from 246 residential units to 245 residential units, 153 units in the south tower and 92 in the north tower), to reduce the parking requirement from 532 parking spaces to 530 required parking spaces, and to increase of the overall FAR from 1,179,384 square feet of FAR to 1,191,245 square feet of FAR through the City's Transfer Development Rights program, is hereby approved subject to all conditions set forth in Section 4 below. Section 4. Conditions. Conditions to be completed before demolition, below grade or building permits are issued. (1) The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Estates at Acqualina", prepared by Cohen, Freedman, Encinosa & Associates Architects, P.A stamped received April 271", 2021 consisting of 7 sheets. Plans are subject to revisions based comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. (2) Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the Development Services Department and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations. Should revisions in the plans result in a change that would not be considered "minor" in accordance with Section 265-18 of the City Code; the Applicant shall be required to obtain another approval of the City Commission. (3) All conditions set forth in City Resolution No. 14-Z-144 approved and adopted on September 18, 2014 and Resolution No. 15-Z-153 approved and adopted on April 16, 2015 Resolution 18-Z-165 approved and adopted April 19, 2018 and Resolution No. 19-Z-173 approved and adopted on November 21, 2019. shall remain in effect. (4) That the Applicant shall submit evidence of purchase subject of the required 11,861 square feet of floor area and five (5) dwelling units of TDRs. That the Applicant shall pay the City within three (3) business days from the date of approval, the approved purchased price of $1,482,625.00 for the TDR's purchased from the NDPRE # 14, LLC ("Navarro") Private Bank. Failure to pay the required amount within the three (3) business days of approval, the TDR's application and site plan application shall result in an automatic voiding of the City Commission approval of the Receiving Site, transfer of TDRs, and site plan approval. (5) That the Applicant, at the next building permit revision for the North and South Tower shall submit evidence of payment for the remaining balance according to the required square footage of the additional TDRs. After the project obtains TCO or CO, balcony enclosures shall not be permitted, unless a site plan modification is submitted through a public hearing process. (6) That the approved site plan modification shall remain valid for a period of 24 -months from the date of this site plan modification approval. If no building permit is issued within the 24 -month time period, the site plan modification shall be considered null and void and of no force and effect. NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND PROFESSIONAL FEES (AS PER SECTION 267-4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS, OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH HEREINABOVE HAVE BEEN TRANSFERRED. FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. Section 5. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and such holding shall not affect the validity of the remaining potions of this Resolution. Section 7. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and are hereby repealed. Section 8. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 20th day of YIN 2021. George H. Slhool, Mayor APPROVEWAS TO FORM AND LEGAL SUFFICIENCY: oc�-q Edward A. Dion, City Attorney Moved by: &6 Seconded by: Gwmmoftloz A Vote: Mayor Scholl Vice Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra ✓ (Yes) (No) (Yes) (No) (Yes) (No) V (Yes) (No) -(Yes) (No)