HomeMy WebLinkAboutZoning Resolution 21-Z-186ZONING RESOLUTION NO. 21-Z- A *9 (
A ZONING RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION
(PZ2021-21) SUBMITTED BY ELIAS SAAL AND DIANA GRIMBERG FOR THE
PROJECT ENTITLED "ACQUALINA RESORT AND SPA" TO INCREASE THE FLOOR
AREA RATIO (FAR) OF DWELLING UNIT 4806 BY 343 SQUARE FEET OF FAR,
THROUGH THE CITY'S TRANSFER DEVELOPMENT RIGHTS (TDR) PROGRAM, BY
ENCLOSING A SECTION OF THE DWELLING UNIT'S SOUTHERN BALCONY, WHICH
WILL INCREASE THE APPROVED OVERALL SQUARE FOOTAGE OF FAR FOR
ACQUALINA RESORT AND SPA PROJECT FROM 806,550 SQUARE FEET OF FAR TO
806,893 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, Elias Saal and Diana Grimberg (the "Applicant") is seeking approval of a Site
Plan Modification (PZ2021-21) to modify the approved site plan for the Acqualina Resort and Spa
project which was approved by the City of Sunny Isles Beach ("City") pursuant to 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; and
WHEREAS, the overall Acqualina Resort and Spa 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; and
WHEREAS, the applicant is seeking to increase the Floor Area Ration ("FAR") of dwelling
Unit 4806 by 343 square feet of FAR, through the City's Transfer of Development Rights ("TDR")
program, by enclosing a section of the dwelling unit's southern balcony; and
WHEREAS, pursuant to the instant site plan modification, the Applicant is seeking to
purchase TDR's in the amount of 343 square feet of FAR and zero (0) dwelling units; and
WHEREAS, via Resolution 2021- , the City Commission approved the Applicant's
purchase of TDRs in the amount of 343 square feet of FAR and 0 dwelling units from the City's
public TDR bank, and further approved the assignment of solely the 343 square feet of FAR to
the property located at 17875 Collins Avenue Unit 4806 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 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.
Zoning Reso Balcony Enclosure Acqualina Residences 4806 Page 1 of 6
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.
Legal Description: 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.
Address: 17875 Collins Avenue Unit #4806
Folio: 31-2211-071-0001 (Reference)
31-2211-071-2450 (Unit)
WHEREAS, on December 16, 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
site plan modification of the approved site plan under Resolution No. 98-Z-17, Resolution No. 00-
Z-46, Resolution No. 05-Z-96, and Resolution No. 14-Z-147:
Zoning Reso Balcony Enclosure Acqualina Residences 4806 Page 2 of 6
increase the Floor Area Ratio (FAR) of dwelling Unit 4806 by 343 square feet of
FAR, through the City's TDRs program, by enclosing a section of the dwelling unit's
southern balcony, thus increasing the overall square footage of FAR for Acqualina
Resort and Spa project from 806,550 square feet of FAR to 806,893 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. 98-Z-17 adopted August 13, 1998, later modified by Resolution Nos.
00-Z-46, 05-Z-96 and 14-Z-147, to increase the Floor Area Ratio (FAR) of dwelling Unit 4806 by
343 square feet of FAR, through the City's TDRs program, by enclosing a section of the dwelling
unit's southern balcony, thus increasing the overall square footage of FAR for Acqualina Resort
and Spa project from 806,550 square feet of FAR to 806,893 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 "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.
B. 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 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.
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 Section 265-18 of the City Code; the Applicant
shall be required to obtain another approval of the City Commission.
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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.
III. Other Conditions.
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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 (S) 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 16th day of December 2021.
Dana Robin Goldman, Mayor
Zoning Reso Balcony Enclosure Acqualina Residences 4806 Page 5 of 6
ATTEST:
APPROVED AS TO FORM
J AND LEGAL SUFFICIENCY:
Maurici Betanc r, CMC, City Clerk �- Edward A. Dion, City Attorney
y V Pike— -J� Seconded by:COIWAC��Clwvp-Moved b i('.� r1�1 � ViS Q 'Y. A'
Vote:
Mayor Goldman (Yes) (No)
Vice Mayor Viscarra (Yes) (No)
Commissioner Lama ✓ (Yes) (No)
Commissioner Rabinovich � (Yes) (No)
Commissioner Stuyvesant � (Yes) (No)
Zoning Reso Balcony Enclosure Acqualina Residences 4806 Page 6 of 6