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HomeMy WebLinkAboutZoning Resolution 22-Z-188RESOLUTION NO. 22-Z- t ?� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2021-23) SUBMITTED BY WEST INVEST DEVELOPMENT AND REAL ESTATE LLC, FOR THE PROJECT ENTITLED "MANSIONS AT ACQUALINA" TO INCREASE THE FLOOR AREA RATIO (FAR) OF DWELLING UNIT 1101 BY 308 SQUARE FEET OF FAR, THROUGH THE CITY'S TRANSFER DEVELOPMENT RIGHTS (TDR) PROGRAM, BY ENCLOSING A SECTION OF THE DWELLING UNIT'S WESTERN BALCONY AND A PORTION OF AN INTERIOR CORRIDOR ADJACENT TO THE UNIT, WHICH WILL INCREASE THE APPROVED OVERALL SQUARE FOOTAGE OF FAR FOR MANSIONS AT ACQUALINA PROJECT FROM 433,254 SQUARE FEET OF FAR TO 433,562 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, West Invest Development and Real Estate LLC (the "Applicant") is seeking approval of a Site Plan Modification (PZ2021-23) 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, Resolution No. 21-Z-181, and Resolution No. 21-Z-183) have obtained approval for balcony enclosures, through the City's Transfer Development Rights ("TDR") program, increasing the overall FAR of the project to 433,254 square feet of FAR; and WHEREAS, the applicant is seeking to increase the FAR of dwelling Unit 1101 by 308 square feet of FAR, through the City's TDR program, by enclosing a section of the dwelling unit's western balcony and a portion of an interior corridor adjacent to the unit; and WHEREAS, pursuant to the instant site plan modification, the Applicant is seeking to purchase TDR's in the amount of 308 square feet of FAR and zero (0) dwelling units; and WHEREAS, via Resolution 2022-g , the City Commission approved the Applicant's purchase of TDRs in the amount of 308 square feet of FAR and 0 dwelling units from the City's public TDR bank, and further approved the assignment of solely the 308 square feet of FAR to the property located at 17749 Collins Avenue Unit 1101 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 433,254 square feet of FAR to 433,562 square feet of FAR. The increase of 308 square feet will only affect dwelling Unit 1101, increasing the overall FAR of the unit from 4,609 square feet to 4,917 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 308 square feet of FAR and 0 dwelling units from the City's public TDR bank account. Legal Description: 17749 COLLINS AVENUE CONDO UNIT 1101 UNDIV 1.162791% INT IN COMMON ELEMENTS OFF REC 29719- 2548 Address: 17749 Collins Avenue Unit #1101 Folio: 31-2211-083-0001 (Reference) 31-2211-083-0080 (Unit) WHEREAS, on February 17, 2022, 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 2 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. 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, 19-Z-171, 21-Z-181, and 21-Z-183: increase the Floor Area Ratio (FAR) of dwelling Unit 1101 by 308 square feet of FAR, through the City's TDRs program, by enclosing a section of the dwelling unit's western balcony and a portion of an interior corridor adjacent to the unit, thus increasing the overall square footage of FAR for Mansions at Acqualina project from 433,254 square feet of FAR to 433,562 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, 19-Z-171, 21-Z-181, and 21-Z-183 to increase the Floor Area Ratio (FAR) of dwelling Unit 1101 by 308 square feet of FAR, through the City's TDRs program, by enclosing a section of the dwelling unit's western balcony and a portion of an interior corridor adjacent to the unit, thus increasing the overall square footage of FAR for Mansions at Acqualina project from 433,254 square feet of FAR to 433,562 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 kcuad A. That the plans in the approval be substantially in accordance with that submitted for public hearing, which are entitled "Terrace Conversion for: Unit #1101", prepared by Ramos Architects & Associates stamped received December 22, 2021, consisting of 2 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 308 square feet of FAR and 0 dwelling units of Transfer Development Rights (TDRs) subject to the Site Plan Approval. That the Applicant provides the City with a non-refundable deposit in the amount of ten percent (10%) of the approved purchased price of $38,500.00 for the TDRs purchased from the City Bank. The total amount of the deposit is $3,850.00. Failure to pay the required deposit within the three (3) working days of approval of the TDRs application and site plan application shall 3 result in an automatic voiding of the City Commission approval of the Receiving Site, transfer of TDRs, and Site Plan Approval. C. That the Applicant provides the City proof of payment for the remaining balance of Transfer Development Rights (TDRs) in the amount of $34,650.00 for the TDRs purchased from the City Bank. Failure to pay the remaining balance prior to the issuance of the building permit, shall result in an automatic voiding of the City Commission approval of the Receiving Site, transfer of TDRs, and Site Plan Approval. D. 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. E. That the Applicant complies with all conditions and permit requirements, including but not limited to, Miami -Dade County DERM, the Fire Department, Water and Sewer Departments, etc. F. 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. G. That the Applicant shall pay all fees related to the review of the application described herein and shall have paid all other fees due to the City including but not limited to TDRs and Bonuses. 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 El the cost of professional review services, if any. The Applicant shall then provide funds to the Cityfor deposit into such account in an amount to be determined bythe 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. 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. PASSED and ADOPTED this 17th day of February, 2022. Dana Robin Goldman, Mayor ATTE Maurkiol Beta APPROVED AS TO FORM AND LEGAL S IENCY: r, CMC, City Clerk Edward A. Dion, City Attorney 3 Moved by: &1&16Sjj2ffu2ocJT&S econded by: Vote: Mayor Goldman Vice Mayor Viscarra Commissioner Lama Commissioner Rabinovich Commissioner Stuyvesant 7 (Yes) (No) (Yes) (No) (Yes) (Yes) (No) (No) (Yes) (No) 7 3 PUBLIC HEARING APPLICA RECEIVED DEC C 2021 DEPT. City of Sunny Isles Beach, FL Proposed Project Name: I41a S I p oc, kr k QOPVOAA UW4 1 10 Name of Applicant W is -y SnV0S%_1'rsJp (o o #term+ ci I&A ei ale Le. 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 (1) 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. Applica Mailing Address 1-'1ua WWC, �kUe 4V1ID1 City UAW State R_ zip t 3 bQ Tel.#(during working hours){'4glb +q0• 131 e-mail ShOW W .ISrai(hCD �lu4�� • 4. Name of Property Owner rJl}AV ka�T S5�A L Mail' Address 4a1SAqp It Ci unw State zip 3.316o Tel. # (during working hoursji I t 6 *� aQ0 - 413'7 e-maiRj;1 ,y kaC . 1 SrGI�( 1���• fAl� 5. Contact Person 0 Ir Irl 1 t X14 Mailing Address 07- QA &W L, (o City � )AnAA TTS Je< Statezip 3,61 b O Tel. # (during working hours ) -1S 4 - qZ3 - 203 e-mailcArymirl @ oxs- 4colllas , M1 6. 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. 7. Address or location of sub'ect property: «'_' y a l V (,ui 101 ��nhu S�es a: '33 1 too 8. Size of property: ft. x ft. acres City of Sunny Isles Beach Public Hearing Application Package Page 4 of 23 14 Date subject property acquired Mor leased05day of 00!Mtr r toiS- 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 "Co4tiguous Property". It. Is there an option to purchasenDr lease[]the subject property or property contiguous thereto? []Yes or _ No If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also). 12. Present zoning classification (s):60,6C) bels A W�okl; Gtftcac 13. REQUEST (S) COVERED UNDER THIS APPLICATION: 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 VI'ransfer Development Rights ❑ Vested Rights ❑ Appeals ❑ Other: 14. Has a public hearing been held on this property within the last year and a half? ❑ yes rano If yes, applicants name Date of Nature of heari Decision of hearing Resolution # City of Sunny Isles Beach Public Hearing Application Package Page 5 of 23 15 15. Is this hearing being requested as a result of violation notice?0 yes !160 If yes, give name to which violation notice was served Nature of violation 16. Are there any existing structures on the property? �'Yes 0 no If yes, briefly describe_RUSI ptt bdi GA4 !LdXK :61,ji L&UL,j,r- 17. Is there any existing use on the property? eyes 0 no If yes, what is the use and when was it established? Use US -1-tal Established LMI ettn City of Sunny Isles Beach Public Hearing Application Package Page 6 of 23 ff OWNERSHIP AFFIDAVIT FOR LIMITED LIABILITY COMPANY STATE OF��,O I Public Hearing No, COUNTY OF Mll d A&40--t(a- Before me, the undersigned authority, personally appeared- SI Ay 61� :S mll c hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is the manor managing member of the Logs+ ajds+ b2U'2�OPV44 EE04A £S-y-Q•Limited Liability Company with the following address: 113 W 19 %(� -1A�-�nO�'�to�tJ _CL 33-3Z2, 2. The Limited Liability Conipanowns r lease (circle one) the property, which is the subject of the proposed hearing. 3. The subject property is legally described as: 12IM LZ kxos. Aveyloe CAn6-�o 011i- - (IM U�nDly l.tb2�91'je tn+ In er��n �lerte.n+s Q�#� 29?lq•25�!$ 4. Affiant is legally authorized to file this application for public hearing: 5. Afflant 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: S�tgnafufe b r� llll�ilX( P 'nt VV"ine Si ur��C� Print Name /r Affiant's Signature IIA V//A r 17SPA2 L Print Name Sworn to and subscribed before the on the !!?day of 20 -al , Affiant is personale known to rn;or has produced A as Identification. j�Notary (St up(Seal) Commission Expires: to ab a l ! CARMIN TILLIT Notary Public - State of Florida Commission # GG 192011 9 oMr}O My Comm. Expires Jun 26 2022 Bonded through National Notary Assn. Page 10 of 23 17 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, further disclosures shall be required which disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). Ile, LLC LLC Name Name. Address and Office • 113 City of Sunny Isles Beach Public Hearing Application Package Percentage of Stock Page 14 of 23 18 NAME, ADDRESS AND OFFICE (if applicable) Percentat*.e of Interest Date of Contract: 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. Signature: (Applicant)!" T511'AA Sworn to and subscribed before me, n l/ Tltic 2 �ov of �11�D.rW Public,Wate of Fl&lda at Large My Commission Expires: 10 a P- • • Y��„ CARMIN'TILLIT Notary Public - State of Florida Commission N GG 192011 `•9�'o F�o-� My Comm. Expires tun 26, 2022 • •'•• Bonded through National Notary Assn. * Disclosure shall not be required of any entity; the equity interest is which are regularly traded on an established securities market in the United States or other country; or any entity, the ownership interest of which are held in a limited partnership consisting of more than 5,000 separate interest and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership, Public Hearing No: City of Sunny Isles Beach Public Hearing Application Package Page W 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 (MDFD) 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. t Permit requirements: I also understand that the Florida Building Code, DEP, DERM, MDFD, and /or Florida Department of Transportation FDOT may contain requirements that affect my ability to obtain a required building permit formy 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 1 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 permits 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 Pilin,may not be the total cost of the hearing and that I will be advised of any other fees that can �p�s ciated with t iblic hearing application.//_ /114 7SP14T[ Print Nance me this _ day of _1)LC ?ti► 6tAi , �a CARMIN TILLIT t� • e Notary Public •State of Florida commission tt GG 192011 My Comm. Expires Jun 26, 2022 Bonded through National Notary Assn. My commission expires 3.1, City of Sunny Isles Beach Publle Hearing Applicatlon Package Page 17 of 23 20 i AFFIDAVIT FOR MAILING NOTICES HEARING NUMBER NAME OF APPLICATION Wim" T IIG�QOfiI�CN-t Kl tt,[ �S �-� 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 et r SIGNATURE City of Sunny Isles Beach Public Hearing Application Package ii Z0 2/ DATE Page A of 23 21 Enared by and return to; Gregory IL Fishman, Esq. President Gregory R. Fishman, P.A. 2750 Northeast 185th St., Suite 204 Aventura, FL 33180 305-792-6945 File Number: 21-0379'Bindarr Will Call No.: (Space Above This Line For Recording Data_J_ Warranty Deed C:FN 2 r23_FQ383276 JR BK 32867 F'ss 795-798 (4 -Pis) rtNOROEG :A'..LG GO(: '440'%,,',�f,ii,(na HAI;VEY rWVI19, ('L.r.RK OF i:OIJF '1'AM1-1)0E ('AtNTY 1'1_+IF'T11ii This Warranty Deed made this 19th day of July, 2021 between BINDARRY HOLDINGS LLC, a Florida limited liability company whole_ post office address is do Gregory_ R. Fishman, P.A., 2750,NE17185 St., Ste. 204, Aventurs, FL 33180, grantor, and WEST INV`EST'DEVELOPMENT & REAL ESTATE LLC, a Florida l�mlted liability company whose post office address'is 17749 Collins Avenue, Unit 1101, Sunny Isles Beach, FL 33190, gran (Whenever ed herein the terms "grantor end 'grantee" include all the parties to this instrument and the heirs, legal representatives, and assigru of us individuals, and the suaessors and assigns of wtporstions, vests and trusted) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained,:'and sold to the said grantee, and grantee's heirs and assigns forever, the following described lend, situate, lying and being in Miami -Dade County, Florida to -wit: Unit No. 1101, of 17749 COLLINS AVENUE, A CONDOMINIUM, according to the Declaration of Condominium thereof, as recorded in Official Records Book 29719, Page 2548, of the Public Records of Miami -Dade County, Florida. I Parcel Identification Number: 31-2211-083-0080 SUBJECT TO: 1) Subject td Taxes for the year 2021 and subsequent years and all applicable zoning ordinances and governmental regulations. 2) Condition p, restrictions, limitations, and easements of record, if any, but without the intention of reimposing the same. 3) All of the'terms, conditions, provisions of the Declaration of Condominium above described, all exhibits attached thereto and all amendments thereto. Together with all the tknements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right end lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land Is free of all encumbrances, except taxes accruing subsequent to December 31, 2020, In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. OoubleTirnO NotaryCarn Doc ID: 4x232024-bb06-4fe0-817e-4ab25648cla9 22 Signed, sealed and delivered in our presence; State of Virginia i county of Henrico 13INDARRY HOLDINGS LLC, a Florida limited liability rompanxOreF gd *W By: Jorge Ruiz Figueroa, Sole Member The foregoing instrument was acknowledged before me by means of U physical presence or [X] online notarization, this 19 day of July, 2021 by Jorge Ruiz Figueroa, Sole sMember f INDARnown Rm HoOrLDI has Produced aFLLC, a lorida limited passport liability company, on, behalf of the company, who L] personally Identification. •�CTROiyj • [Notary Seal] T • NOTARY PUBLIC _ % REG # 7212607 MY COMMISSION % p : EXPIRES 2 R�� 1013112022: O J� Notary Public Printed Name: Ansel N Williams My Commission Expires; 10-31-2022 REG N07212607 Completed via Remote Online Notarization using 2 way Audio/Video technology. DoubleTIM0 Warranty Deed -Page 2 NotaryCam Doc ID: 4a232024-bbO6-4feO-817e4ab25648c1a9 23 17749 COLLINS AVENUE, A CONDOMINIUM 17749 COLLINS AVENUE SUNNY ISLES BEACH, FLORIDA 33160 CERTIFICATE OF RELEASE OF RICHT OF FIRST REFUSAL THIS CERTIFICATE is given this 24_ day or Jung , 2021by LPLA PARTNERS LLC, A DELAWARE LIMITED LIABILITY COMPANY, 00 "Developer'_ in regard to the following transaction: OWNER: Bindarry Holdings LLC PURCHASER: Wcst Invest Development & Real Estate LLC SUBJECT UNIT: Unit 0 1101 of 17749 COLLINS AVENUE, A CONDOMINIUM according to the Declaration thereof, as recorded on July 30.2015 in Official Records Book 2971 Q, at Pose (s) ,)s4g•2732 of the Public Records of Dade County, Florida. W ITN ESSETH A. WHEREAS, Owner has requested the Developer to release its right of first refusal as to the above- described transaction. B. WHEREAS, Owner has compiled with Section 17 of the Declaration of same as it pertains to this transaction. C. WHEREAS, the Developer has elected to release its right or first refusal. NOW, THEREFORE, in consideration of the representations of the Owner and Purchaser and the powers vested in the Association by the Declaration, the Developer hereby declares: I. The Developer's right of first refusal contained in Section 17 of the Declaration, as to the above- referred transaction, has been and by this Certificate is hereby released. 2. This Certificate of Release shall apply to the above -referenced transaction and to no other. 3. This Conificare shall be valid for only a period of sixty (60) days from the date hereof unless first recorded in Public Records of Ddde County, Florida. 4. In accordance with Section 17 of the Declaration, this Certificate shall further serve as a covenant and agreement by the Developer to Owner and Purchaser that the Developer has waived its right of first refusal as to the above-described sale, S. All notices to Purchaser from the Developer will be mailed to or given at, us appropriate, the address shown herein until written notice of a change of.address is received by the Developer from the purchaser. IN WITNESS WHEREOF, the Developer has caused this Certificate to be executed and issued by its duly authorized olricer on the day and year first above -written. fitness: � , 6a_a__ W ss: STATE OF FLORIDA) ISS LPLA PARTNERS, LLC, a Delaware limited liability Company By, Jerry J,Campos!nMil. — Name: Jerry Campos Title: Associate General Counsel LPLA Partners, LLC (Corporate Seal) COUNTY OF DADE) The foregoing instrument was acknowledged before me this 2 tiny of Ll�l °�, 2021 by Jerry Campos, Associate General Counsel on behaif of the company, He is personally known to me or has produced as identification and did not take an oath. mss. Name; tiI',s Q O y J - Notary Public, Slate of Florida at Large: My Commission Expires: �- —�3 7 -43 r - Commission Number. AA CLAUDIA GAIS Notary Public -State of Florida Commicalon 0 HH 117807 n!�r My Commission Expires 'attar` May 30, 2025 24 0R P_.K 32867 o'G 7`�? el L AST PAGE '"��r "l�r�r•�ii.; `/'rrrr..�/ . �irarr�++ier.•i•.; July 1, 2021 West Invest Development & Real Estates LLC 11361 NW 19`h Court Plantation, M. 33323 Re: Condominium Association Approval Letter 17749 Collins Avenue, Unit 1101, Sunny Isles Beach, FL 33160 Dear Mr. Shukrullo Israilov and Mrs. Gulya Israilova, You are hereby notified that 17749 Collins Condominium Association, Inc. ("Association") Approves the purchase of Unit 1101 by West Invest Development & Real Estates LLC, from Bindarry Holdings LLC ("Seller") pursuant to certain Residential Contract for Purchase and Sale dated February 12, 2021, and in reliance on the representations set forth in the Application of Occupancy and the Agreement for Purchaser to abide by all Rules and Regulations and other restrictions of said Condominium Unit owner. Nothing contained herein shall limit, waive or otherwise modify any of the obligations of Seller and/or Purchaser, pursuant to the condominium documents, including without limitation the Declaration of Condominium, the Association's By - Laws, and the Rules and Regulations. Yours truly, By: 4— Tide: 17749 Collins Condominium Association, Inc. 17749 Collins Avenue, Sunny Isles Beach FL 33160 Phone: 305.900.6666 — Fax: 305.931.7213 25 February 17, 2022 yFFLOP S C., OF SUN Pao CITY OF SUNNY ISLES BEACH DEVELOPMENT REVIEW REPORT The Mansions at Acqualina SITE PLAN MODIFICATION & TRANSFER DEVELOPMENT RIGHTS (TDRs) 31111111111111W Z16111*AI&II I',I�,F_1.x'1 Application Number: PZ2021-23 Application Summary: The Applicant has submitted applications for a Site Plan Modification and Transfer Development Rights (TDRs) for the Mansions at Acqualina located at 17749 Collins Avenue. The Site Plan Modification is requesting to increase the Floor Area Ratio (FAR) of Dwelling Unit 1101 by 308 square feet of FAR, through the City's TDRs program, by enclosing a section of the dwelling unit's balcony. The Site Plan Modification, if approved, will increase the approved overall square footage of FAR for the Mansions at Acqualina project from 433,254 square feet of FAR to 433,562 square feet of FAR. Further, the Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 308 square feet of FAR and 0 dwelling units from the City's public TDR bank account. Applicant/Owner: West Invest Development and Real Estate LLC 17749 Collins Avenue, Unit 1101 Sunny Isles Beach, FL 33160 ATTN: Carmin Tillit, East of Collins Expediating II. SITE INFORMATION Land Area: 99,098 square feet. - 2.275 acres (Lot) Unit Area: 4,609 square feet. Location: 17749 Collins Avenue Unit #1101 26 Folio: 31-2211-083-0001 (Reference) 31-2211-083-0080 (Unit) Legal Description: 17749 COLLINS AVENUE CONDO UNIT 1101 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 (No. 16-Z-159, No. 17-Z-164, No. 19-Z-170, No. 19-Z-171, No. 21-Z-181 and No. 21-Z-183) have gained approval for balcony enclosures, through the City's TDRs program, increasing the overall FAR of the project to 433,254 square feet of FAR. Adjacent Properties: 2 27 Existing Land Use Zoning Future Land Use Ma North Mixed -Use High -Density Resort MU -R Mixed -Use High -Density Resort East None — Atlantic Ocean N/A N/A South Mixed -Use High -Density Resort MU -R Mixed -Use High -Density Resort West Neighborhood Business I B-1 NB 2 27 III. REQUEST 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 433,254 square feet of FAR to 433,562 square feet of FAR. The increase of 308 square feet will only affect dwelling Unit 1101, increasing the overall FAR of Unit 1101 from 4,609 square feet to 4,917 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 308 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 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 28 Iv 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. ZONING REVIEW The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Terrace Conversion for: Unit #1101", prepared by Ramos Architects & Associates stamped received December 22, 2021, consisting of 2 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. 265-35.D (4): Minimum Setbacks: No modification requested. 29 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: 5.98 FAR or 592,605 square feet 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: 4.375 with bonus FAR and TDRs — 433,562 square feet. Note: The increase of 308 square feet shall only affect dwelling unit 1101, increasing the overall FAR of the unit from 4,609 square feet to 4,917 square feet. 9. 265-35. D (10) Maximum Dwelling Unit Density Bonuses: No modification requested. 10.265-35.13(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 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 (No. 16-Z-159, No. 17-Z-164, No. 19-Z-170, No. 19-Z-171, No. 21-Z-181 and No. 21-Z-183) have gained approval for balcony enclosures, through the City's TDRs program, increasing the overall FAR of the project to 433,254 square feet of FAR. 30 Under this site plan modification, the Applicant is seeking to purchase and assign TDR's in the amount of 308 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 appraisal report done by Appraisal First Real Estate Appraisers, LLC. Date stamped January 6th, 2022, reflects the square foot market value of the subject property (17749 Collins Ave) 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). Thus, the total TDR purchase is Thirty -Eight Thousand Five Hundred Dollars ($38,500.00). 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 308 square feet of FAR, will only affect Unit 1101 increasing the overall FAR of the unit from 4,609 square feet to 4,917 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 "Terrace Conversion for: Unit #1101", prepared by Ramos Architects & Associates stamped received December 22, 2021, consisting of 2 31 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 308 square feet of FAR and 0 dwelling units of Transfer Development Rights (TDRs) subject to the Site Plan Approval. That the Applicant provides the City with a non-refundable deposit in the amount of ten percent (10%) of the approved purchased price of $38,500.00 for the TDRs purchased from the City Bank. The total amount of the deposit is $3,850.00. Failure to pay the required deposit within the three (3) working days of approval of the TDRs 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. 3. That the Applicant provides the City proof of payment for the remaining balance of Transfer Development Rights (TDRs) in the amount of $34,650.00 for the TDRs purchased from the City Bank. Failure to pay the remaining balance prior to the issuance of the building permit, shall result in an automatic voiding of the City Commission approval of the Receiving Site, transfer of TDRs, and Site Plan Approval. 4. 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. 5.That the Applicant complies with all conditions and permit requirements, including but not limited to, Miami -Dade County DERM, the Fire Department, Water and Sewer Departments, etc. 6.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. 7.That the Applicant shall pay all fees related to the review of the application described herein and shall have paid all other fees due to the City including but not limited to TDRs and Bonuses. Conditions to be completed before any Certificate of Occupancy is issued. 8. 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 7 32 such consultants or hourly rates of employed professionals and shall be paid within 30 days on submission of City voucher. 9. 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. 10. 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. 11. 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. 12. 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. 13. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. (END) 33 December 16, 2021 City of Sunny Isles Beach Planning and Zoning Department 18070 Collins Ave. Sunny Isles Beach, FL 33160 r RECEIVED r '(1 Cl E i,;2 2 ,::,, r:_'1 PLANNING & ZONING DEPT. City of Sunny Isles Beach.. FL Re: Property located at: 17749 Collins Ave. #1101, Sunny Isles Beach/ Application for Enclosure of the terrace for Unit 1101 within the Mansions at Acqualina Development/ Request for Public Transfer Development Regulations (TDRs) To whom it may concern: I, West Invest Development & Real Estate LLC the applicant, am the owner of the property located at 17749 Collins Ave. #1101, Sunny Isles Beach. I am requesting a site plan modification adopting the plans for Unit 1101 at Mansions at Acqualina as shown on these plans. The overall scope of work with this request to increase the total FAR square footage of the unit and modification of FAR to the Tower by 308 square feet. In addition, I also request approval of the purchase and assign of 308 square feet of FAR from the available TDRs Bank account. Existing FAR square footage of the Unit is 4,609 SF (431,895 SF total Tower) and the new proposed square footage is 4,917 SF (432,203 SF overall Tower). Thank you in advance for your consideration of this application. I look forward to your favorable review. If you have any questions, please do not hesitate to contact Carnun Tillit at 754-423-6283. Sincerely, Print name: Shavkat Israil State of Florida County of /)2& /12! MP, Sworn to and subscribed before me on this day of ��CeiiZ 6�I'' , 20Z7 by q -'%&6v az % sraL /J Notary Public ' p MY COMMISSION # HH 172105 ? .gj EXPIRES: 3�1�n6et 12025 1172-194' 9onM1WNotxyPd*Unrwn1M 34 ■■■■nnmuu liffm u■uttttut//■nn M.010 n11 11! 1 u !"M ou utu/c.1:1 �:rmlmlx.■ uouuuouutt/1t1t\I:unnr¢:u .rnulutnnV. MIFInn.G,I rl na:ra ou/ntu■uu///ttuu■nuutuutuot�tuoou�■ouo�uu�unot :•: i////a�nuuen.u.m.naxrnut'na e�- .1 1.1-\ G "tteata••GH G.lu l-ut-r.uu•\I/:: ttttt///\tY/r/t/t/■/r/ftttt.�\i�f i�4►IG:f-\J\I//■�ttt�ii�\JG HV I�Li\ftt�\J\moi..[•• i• t/ttt//tt/tOttttt/ttttt/tttttttt/t/�tttttt////t■/t■/t■t/■■■■/t//tt■tttttt - Rlli .. �� toi. Plel _ � Iii'' •- I �^ �_� Io- I'' , -- E - �! _I r-■' 1 I ■ �_ , . .. 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Samson Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on Thursday, February 17", 2022, at 6:30 p.m., to consider the following Zoning application: Application: The Mansions at Acqualina Balcony Enclosure for Unit 1101— West Invest Development and Real Estate LLC ("Applicant") Location: 17749 Collins Avenue Unit #1101 Public Hearing #: PZ2021-23 Summary: The Applicant has submitted applications for a Site Plan Modification and Transfer Development Rights (TDRs) for the Mansions at Acqualina located at 17749 Collins Avenue. The Site Plan Modification is requesting to increase the Floor Area Ratio (FAR) of Unit 1101 by 308 square feet of FAR, through the City's TDRs program, by enclosing a section of the unit's balcony. The Site Plan Modification will increase the approved overall square footage of FAR for the Mansions at Acqualina project from 433,254 square feet of FAR to 433,562 square feet of FAR. Further, the Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 308 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 433,254 square feet of FAR to 433,562 square feet of FAR. The increase of 308 square feet will only affect dwelling Unit 1101, increasing the overall FAR of Unit 1101 from 4,609 square feet to 4,917 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 308 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 "Terrace Conversion for: Unit #1101", prepared by Ramos Architects & Associates stamped received December 22, 2021, consisting of 2 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 1101 UNDIV 1.162791 % INT IN COMMON ELEMENTS OFF REC 29719-2548 Size of Property: 2.275 acres (99,098 sq ft) Size of Unit: 4,609 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. 37 0 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: Claudia C. Hasbun, Planning and Zoning Director DATE: February 17, 2022 RE: The Mansions at Acqualina - Site Plan Modification for Balcony Enclosure a 17749 Collins Avenue unit #1101, Sunny Isles Beach, FL 33160 (PZ2021-23) RECOMMENDATION: This application is consistent with the City's Comprehensive Plan and the City's Land Developmen Regulations. Staff has reviewed the application requests and has no objection if all conditions are accepted. REASONS: The Applicant, West Invest Development and Real Estate LLC owner of property located at 17741. Collins Avenue, # 1101, Collins Ave, Sunny Isles Beach FI 33160 has submitted applications for a Sit( Plan Modification and Transfer Development Rights (TDRs) for the Mansions at Acqualina. The Sit Plan Modification is requesting to increase the Floor Area Ratio (FAR) of Dwelling Unit 1101 by 30; square feet of FAR, through the City's TDRs program, by enclosing a section of the dwelling unit'! balcony. The Site Plan Modification, if approved, will increase the approved overall square footage of FAR for the Mansions at Acqualina project from 433,254 square feet of FAR to 433,562 square feet o FAR. Further, the Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 308 square feet of FAR and 0 dwelling units from the City's public TDR bank account. ATTACHMENTS: Application Staff Report Letter of Intent Plans Public Notice Item Number: 6.A 12 Item Number: 6.A 13