HomeMy WebLinkAboutZoning Resolution 22-Z-190RESOLUTION NO. 22-Z-1 9 0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2022-06)
SUBMITTED BY SUNNY ISLES LIVING LP, FOR THE PROJECT ENTITLED "MANSIONS
AT ACQUALINA" TO INCREASE THE FLOOR AREA RATIO (FAR) OF DWELLING UNIT
602 BY 308 SQUARE FEET OF FAR, THROUGH THE CITY'S TRANSFER
DEVELOPMENT RIGHTS (TDR) PROGRAM, BY ENCLOSING A SECTION OF THE
DWELLING UNIT'S BALCONY, WHICH WILL INCREASE THE APPROVED OVERALL
SQUARE FOOTAGE OF FAR FOR MANSIONS AT ACQUALINA PROJECT FROM
433,562 SQUARE FEET OF FAR TO 433,870 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, Sunny Isles Living LP (the "Applicant") is seeking approval of a Site Plan
Modification (PZ2022-06) 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, Resolution No. 21-Z-183, and 21-Z-185) have obtained approval
for balcony enclosures, through the City's Transfer Development Rights ("TDR") program,
increasing the overall FAR of the project to 433,562 square feet of FAR; and
WHEREAS, the applicant is seeking to increase the FAR of dwelling Unit 602 by 308 square
feet of FAR, through the City's TDR program, by enclosing a section of the dwelling unit's balcony;
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- ?)U1,
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 602 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 433,562 square feet of FAR to 433,870 square feet
of FAR. The increase of 308 square feet will only affect dwelling Unit 602, 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 602 UNDIV 1.162791% INT
IN COMMON ELEMENTS OFF REC 29719- 2548
Address: 17749 Collins Avenue Unit #602
Folio: 31-2211-083-0001 (Reference)
31-2211-083-0460 (Unit)
WHEREAS, on July 28, 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, 21-Z-183, and 21-Z-185:
increase the Floor Area Ratio (FAR) of dwelling Unit 602 by 308 square feet of FAR,
through the City's TDRs program, by enclosing the dwelling unit's balcony, thus
increasing the overall square footage of FAR for Mansions at Acqualina project
from 433,562 square feet of FAR to 433,870 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,
21-Z-183, and 21-Z-185 to increase the Floor Area Ratio (FAR) of dwelling Unit 602 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 433,562 square feet of FAR to
433,870 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 "Interior Remodeling for Existing Residence Mansions
at Aqualina — 17749 Collins Ave Unit #602", prepared by Ramos Architects & Associates
stamped received June 23, 2022, 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
0
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.
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
5
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 28th day of July, 2022.
CITY OF SUNNY ISLES BEACH, FLORIDA
By its City Commission
By:
nDa a Robin Goldman, Mayor
ATTINT:1 I
Maueicio Bet4cur, CMC, City Clerk
n
APPROV AS TO FORM
A D LE AL SU NCY:
Eward A. Dion, City Attorney
_ 6
Moved by conded by:
Vote:
7
Mayor Goldman
4(Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
(Yes)
�
(No)
Commissioner Lama
Yes)
(No)
Commissioner StuyvesantYes)
(No)
7
RECEIVED
vNNY iso PUBLIC DARING APPLICATIO
� T
4
Hear -it V
' Date ecei,ved JUN - 2022
1-0 -046 -
• � Folio umber
F PLANNING & ZONING DEPT.
4SUN
1. Proposed Project Name: Mansions at Acqualina Unit #60 City of Sunny Isles Beach, FL
2. Name of Applicant SUNNY ISLES LIVING LP
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.
3. Applicant Mailing Address 17749 Collins Ave. #602
City Sunny Isles Beach State FL Zip 33160
Tel. # (during working hours) 1II 6 •- b(D i-- 9-139 e-mail
4. Name of Property Owner SUNNY ISLES LIVING LP
Mailing Address 17749 Collins Ave. #602
City Sunny Isles Beach State FL Zip 33160
Tel. # (during working hours) `jtb— Wli -1-13k-( e-mail
5. Contact Person Carmin Tillit _
Mailing Address 202 Sunny Isles Blvd #6
City Sunny Isles Beach State FL Zip 33160
Tel. # (during working hours) 754-423-6283 e-mail carmin@eastofcollins, com
6. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICA'T'ION
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.
17749 COLLINS AVENUE CONDO
UNIT 602 UNDIV 1.162791%
Address or location of subject property: 17749 Collins Ave #602
Sunny Isles Beach FL 33,160
8. Size of property: ft. x ft. acres
City of Sunny Isles Beach Public Hearing Application Package Page 3 of 30
Date subject property acquired 8 or leased ❑ �-9 day of VVX A Y CA + -'o 1-2-
term of lease_yearshnonths,
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 "Contiguous Property".
11. Is there an option to purchase Dor lease ❑ the subject property or property contiguous
thereto?
❑ Yes or i9<No
If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of
Interest form also).
12. Present zoning classification (s): 5000 HOTELS & MOTELS - GENERAL
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
m Transfer Development Rights
❑ Vested Rights
❑ Appeals
❑ Other:
14. Has a public hearing been held on this property within the last year and a half? ❑ yes /no
If yes, applicants name
Date of hearing
Nature of hearing
Decision of hearing
Resolution #
City of Sunny Isles Beach Public Hearing Application Package Page 4 of 30
15, Is this hearing being requested as a result of violation notice? ❑ yes &ff no
If yes, give name to which violation notice was served
Nature of
16, Are there any existing structures on the property? m yes ❑ no
If yes, briefly describe Residential Condominium Building
17. Is there any existing use on the property? m yes ❑ no
If yes, what is the use and when was it established?
Use Residential
Established Residential
City of Sunny Isles Beach Public Hearing Application Package Page 5 of 30
OWNER OR TENANT AFFIDAVIT
FOR INDIVIDUAL
STATE OF Public Hearing No.
COUNTY OF
Before me, the undersigned authority, personally appeared
hereinafter the Affiant, who being duly sworn by me, on oath, deposes and says:
1. Affiant is the fee owner or tenant of the property, which is the subject of the proposed hearing.
2. The subject property is legally described as:
3. 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.
4. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of
voiding of any zoning granted at public hearing.
Witnesses:
Signature
Print Name
Signature
Print Name
Sworn to and subscribed before me on the day of
Affiant is personally known to me or has produced
Commission Expires:
Affiant's Signature
Print Name
-520
as identification.
Notary (Stamp/Seal)
City of Sunny Isles Beach Public Hearing Application Package Page 6 of 30
PROPERTY OWNER'S SWORN -TO -CONSENT
PERMITTING TENANT TO FILE FOR HEARING
On behalf of Property Owner
of the property legally described below and which is the subject property of the proposed hearing,
does hereby grant consent to , as Tenant to
file this application for a public hearing.
Legal Description:
Witnesses:
Signature
Print Name
Signature
Print Name
Sworn to and subscribed before me on the day of
Affiant is personally known to me or has produced
Commission Expires:
Property Owner's Signature
Print Name
-120
as identification.
Notary (Stamp/Seal)
City of Sunny Isles Beach Public Hearing Application Package Page 7 of 30
STATE OF
COUNTY OF
OWNERSHIP AFFIDAVIT
FOR CORPORATION
Public Hearing No.
Before me, the undersigned authority, personally appeared ,
hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says:
1. Affiant is the president, vice-president or CEO of the
Corporation, with the following address:
2. The Corporation owns the property, which is the subject of the proposed hearing.
3. The subject property is legally described as:
4. Affiant is legally authorized to file this application for public hearing:
5. Affiant understands this affidavit is subject to the penalties of law for perjury and the
possibility of voiding of any zoning granted at public hearing.
G. 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:
Signature Affiant's Signature
Print Name Print Name
Signature
Print Name
Sworn to and subscribed before me on the day of , 20 ,
Affiant is personally known to me or has produced as
Identification.
Notary (Stamp/Seal)
Commission Expires:
City of Sunny Isles Beach Public Hearing Application Package Page 8 of 30
STATE OF
COUNTY OF
OWNERSHIP AFFIDAVIT
FOR LIMITED LIABILITY COMPANY
Public Hearing No.
Before me, the undersigned authority, personally appeared
hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says:
1. Affiant is the manager, or managing member of the
Limited Liability Company with the following
address:
2. The Limited Liability Company owns or lease (circle one) the property, which is the
subject of the proposed hearing.
3. The subject property is legally described as:
4. Affiant is legally authorized to file this application for public hearing:
5. Affiant 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:
Signature
Affiant's Signature
Print Name Print Name
Signature
Print Name
Sworn to and subscribed before me on the day of , 20,
Affiant is personally known to me or has produced
Identification.
Notary (Stamp/Seal)
Commission Expires:
City of Sunny Isles Beach Public Hearing Application Package Page 9 of 30
STATE OF
COUNTY OF
OWNERSHIP AFFIDAVIT
FOR PARTNERSHIP
Public Hearing No.
Before me, the undersigned authority, personally appeared
hereinafter the Affiant (s), who being first duly
sworn by me, on oath, deposes and says:
1. Affiant is the general partner of the
partnership, at the following address:
2. Affiant as general partner is authorized to file this application for a public hearing.
3. The partnership owns the property, which is the subject of the proposed hearing.
4. The subject property is legally described as:
5. Affiant 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:
(General Partner
Signature Affiant's Signature
Print Name Print Name
Signature
Print Name
Sworn to and subscribed before me on the day of , 20 ,
Affiant is personally known to me or has produced
as Identification.
Notary (Stamp/Seal)
Commission Expires:
City of Sunny Isles Beach Public Hearing Application Package Page 10 of 30
OWNERSHIP AFFIDAVIT
LIMITED FOR PARTNERSHIP
STATE OF Public FIearing N
COUNTY OF NzJ
Before me, the undersigned authority ersonally appeared Nt�Jf ,
Ltx- , hereinafter the Affiant (s), who being first duly
sworn by me, on oath, deposes and says:
1. Affiant is the general partner of the
limited partnership, at the following address:
2. Affiant as general partner is authorized to file this application fora public hearing.
3. The limited partnership owns the property, which is the subject ofthe proposed hearing.
4. The subject property is legally described as: � -" 4 Lt C2 (oM 0 S
/\Veynu c CoAcLO ( )(\'i k 60'a Q(\,oIV I. i b;2,7`1 t to , }
5. Affiant 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
Print Name
_ .� (General Partner)
Affiant's Signature —
Print Name
Sworn to and subscribed before me on the day of j 20 °4�,
Affiant is personally known to me cattas$pr - m
as,.1d@at4 Gatiom-,
Notary (Stamp/Seal)
Commission Expires:
of rraw Yoi�x
NOTARY PUBLIC .r
QWWhWork
CwiY;'
01ME634608 ,may
ON W
'44444iuMu�►►►``� .
City of Sunny Isles Beach Public Hearing Application Package Page 11 of 30
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 MOT 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.
Permit requirements: I also understand that the Florida Building Code, DEP, DERM, MDFD, and
/or Florida Department of Transportation MOT may contain requirements that affect my ability to
obtain a required building permit for my 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 I 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 wil I not necessary forestall enforcement action against the property.
Fees: I understand that the hearing fees paid at the time of filing may not be the total cost of the
hearing and that 1 will be advised of any other fees that can be associated with the public heating
application.
Si �Wre
Print Name
Notary: Sworn to and subscribed before me this � day of A�y ,
Notary Public -State of Weridtct pw y4t,
E A
.`,G'r s�r�►,a��
-:W.,-'0F NEWYORK':�
'NOTARY PUBLIC
'. 01ME634698 �y .
•,, �y,Oq,IRES o`
City of Sunny Isles Beach 011011Public Hearing Application Package
My commission expires
Page 16 of 30
ADVERTISEMENT AND MAILING REQUIREMENTS
Please be informed that there are two more steps that need to be taken by you prior to the
public hearing to be heard.
*First you need to submit the legal description of the property to a firm that compiles the
name and address from the County tax record of all property owners within AAet radius
of the subject property being heard by the City Commission.
Exceptions: The City will notify and solicit comments from adjacent jurisdictions and the
School Board of any request for land use amendments, variances, conditional uses or site
plan approvals which impact property within S;O.Ofeeti of a public school or v✓ithm 5.00, fee(
of the boundaries of an adjacent jurisdiction is to be serve as per the Intergovernmental
Coordination Element (ICE) Objective 4 of the Comprehensive Master Plan.
You can choose a firm from the list provided below or use another firm. The following are
the names of several companies that you may want to use to obtain the required mailing
labels and accompanying maps, legal description and certified letter. The City of Sunny
Isles Beach does not claim responsibility for the accuracy or timely acquisition of the
information provide by these companies.
Georgina Cabrera
Data Research Associates
(305) 207-1412
Ray Hunt
Florida Real Estate
Decisions, Inc.
(305) 7.57-6884
Consuelo M. Quintana Hal Lieberman
Real Estate Data Researcher Logear Mailing
(305) 858-2287 (305) 895-2492
Diana Rio
Rio Development Resources
(305) 498-1614
diaiia@i-drmiami.com
rdrmiami.com
*After you receive the names of the property owners, the public hearing advertisement
needs to be mailed. The City will provide a copy of the advertisement and envelopes for
mailing. The applicant makes the necessary number of copies of the advertisement as
required per number of mailing labels. The copies and envelopes are then mailed out. We
have Found that it is more cost efficient for the applicant to use a mailing house because
they use bulk mail. The cost associated with getting the names of the owners and the use of
the mailing house service are paid directly to the respective companies. All these steps need
to be done at least 10 days prior to the public hearing date. If you have, any questions
contact our office at (305) 792-1710. The following is the name of the mailing company
that you may want to use, however the applicant can mail their own public hearing notice
or use another mailing company.
City of Sunny Isles Beach Public Hearing Application Package Page 17 of 30
AFFIDAVIT FOR MAILING NOTICES
HEARING NUMBER
NAME OF APPLICATION
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
S NA
INAr tskr�t�v'
G 13) VR -
DATE
City of Sunny Isles Beach Public Hearing Application Package Page 18 of 30
At application time, 5 sets (l tx 17) and 1 (2406) (additional copies will be requested after
external DRC) of folded and collated plans containing the following:
Sealed current survey prepared by a Florida registered land surveyor, certified as to
meeting the requirements of Chapter 21 HH. -6, Florida Administrative Code. At a
minimum the survey shall show the property's topography, water bodies, easements,
rights-of-way, existing structures and paved areas. This survey shall be based upon
current ownership and encumbrance report and shall so be stated on the survey itself;
2. A tree survey is required if there are indications of existing native tree species or
mature trees or palms not on the Miami -Dade County list of exotic or invasive
species on the site when development is proposed within City areas of particular
concern as identified in the City's Comprehensive Plan;
3. Site development plans (Scale to be one inch equals 20 feet unless prior approval is
received otherwise) shall include in proper form, detail, dimension and scale, the
following:
• Location, size and height oral] principal and accessory structures, including
buildings, wall, fences, walkways, driveways, parking areas, including
garage and loading areas.
• The building and floor plan, including roof plan.
• Location, character and enclosure of all outside facilities for waste storage
and disposal and/or outdoor storage, if any.
• Exterior elevation with material, color designation, architectural finish
treatments, surface treatments and curbing proposed for parking and loading
areas including ingress and egress drives.
• Landscaping plan (signed and sealed by a Florida registered landscape
architect and planting schedule). Plans shall include required and provided
quantities of plant materials.
• Location, size, character, height and orientation of all signs.
• Placement, height, and fixture design of all major exterior lighting fixtures,
including hours of operation illumination and shielding of exterior lighting,
certification by a registered professional engineer or registered architect that
exterior lighting, as designed will not exceed the footcandle levels at the
adjacent private property lines.
City of Sunny Isles Beach Public Hearing Application Package Page 119 of 30
• Off-site sketch map including, but not limited to, location of structures,
utilities, rights-of-way and curb cuts within 300 feet of the subject property
and other pertinent features.
• Information as to all perimeter buffer requirements for adjacent properties.
• A master site plan is required for all phased development.
• Site data information including but not limited to zoning districts, permitted
and proposed FAR, lot coverage, open space, parking, building height,
density, setbacks and lot size information.
• Details of all types of parking spaces and parking and truck loading areas
showing ingress and egress.
• Estimated construction schedule.
• Estimated construction fees,
• Artwork appraised value.
• All signage locations, types and details.
• Engineering plans (scale to be one inch equals 20 feet unless prior approval
is received otherwise) including water, sewer, paving and drainage and
utility locations.
• Locations and details of all entry feature (if applicable).
• The location and owners of all adjoining lands as shown on the latest tax
records, copies of all existing and proposed deed restrictions or covenants
applying to the property, including covenants and agreements restricting the
use, establishing future ownership and maintenance responsibilities for
recreation and open space areas, existing zoning and prior zoning approvals
and any other legal agreements documents and information required by the
Planning and Zoning Director or the City Commission.
Other elements integral to the proposed development as considered
necessary by the City Commission.
City of Sunny Isles Beach Public Hearing Application Package Page 20 of 30
July 28, 2022
O
Carr OF SUN PN
CITY OF SUNNY ISLES BEACH
DEVELOPMENT REVIEW REPORT
The Mansions at Acqualina
SITE PLAN MODIFICATION &
TRANSFER DEVELOPMENT RIGHTS (TDRs)
I. PROJECT SUMMARY
Application Number: PZ2022-06
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 602 by 313 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 433,562
square feet of FAR to 433,875 square feet of FAR.
Further, the Applicant is requesting approval for the purchase
and assignment of TDRs in the amount of 313 square feet of
FAR and 0 dwelling units from the City's public TDR bank
account.
Applicant/Owner: Sunny Isles Living LP
17749 Collins Avenue, Unit 602
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 #602
Folio: 31-2211-083-0001 (Reference)
31-2211-083-0460 (Unit)
Legal Description: 17749 COLLINS AVENUE CONDO UNIT 602 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, No.
21-Z-183 and 21-Z-185) have gained approval for balcony
enclosures, through the City's TDRs program, increasing the
overall FAR of the project to 433,562 square feet of FAR.
Adjacent Properties:
2
Existing Land Use
Zoning
Future Land Use Map
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
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 433,562 square feet
of FAR to 433,875 square feet of FAR. The increase of 313 square feet will only affect
dwelling Unit 602, increasing the overall FAR of Unit 602 from 4,609 square feet to
4,922 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 313 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
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.
V. ZONING REVIEW
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "Interior Remodeling for Existing Residence Mansions at Aqualina —17749 Collins
Ave Unit #602", prepared by Ramos Architects & Associates stamped received June 23,
2022, 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.
2
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.D (8) Beach Access Easement: No modification requested.
8. 265-35. D (9) Floor Area Ratio: Complies. (Changes Proposed)
Maximum floor area ratio (265-35. D(9)(b)):
Allowed: 5.98 FAR or 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 — 433,875 square feet.
Note: The increase of 313 square feet shall only affect dwelling unit
602, increasing the overall FAR of the unit from 4,609 square feet to
4,922 square feet.
9. 265-35. D (10) Maximum Dwelling Unit Density Bonuses:
No modification requested.
10.265-35.D (11) Minimum Unit Size: No modification requested.
11.265-35.D (13) Parking Garage/rooftop: No modification requested.
12.265-35.D (14) Loading: No modification requested.
13.265-35 (15) Open Space: No modification requested.
14.265-46 Parking: No modification requested.
15.265-56(A) Signage: No modification requested.
16.104-4.2 Art in Public Places. No modification requested.
17. Construction Staging Plan. No modification requested.
2. Transfer Development Rights (TDR's)
Pursuant to 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, No. 21-
Z-183 and 21-Z-185) have gained approval for balcony enclosures, through the
City's TDRs program, increasing the overall FAR of the project to 433,562 square
feet of FAR.
5
Under this site plan modification, the Applicant is seeking to purchase and assign
TDR's in the amount of 313 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 June 3rd, 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 -Nine One Hundred Twenty Five Dollars
($39,125.00). 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
VLFINAL 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 3138 square feet of FAR, will only affect Unit 602
increasing the overall FAR of the unit from 4,609 square feet to 4,922 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.
1/1 9 01 —k 11 orkIM
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 "Interior Remodeling for Existing Residence Mansions
at Aqualina –17749 Collins Ave Unit #602", prepared by Ramos Architects & Associates
stamped received June 23, 2022, 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.
2. If the accepted appraised value is at $125.00, the Applicant shall submit evidence of
purchase of the required 313 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 $39,125.00 for the TDRs purchased from the City Bank. The total
amount of the deposit is $3,912.00. 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 $35,213.00 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
7
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.
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)
NOTICE OF CORRECTED HEARING DATE
S„NNY S�f
CITY OF SUNNY ISLES BEACH
V _ I
NOTICE OF ZONING HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach,
Florida, in the David P. Samson Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny
Isles Beach, Florida on THURSDAY, JULY 28, 2022 AT 9:00 A.M., to consider the following Zoning application:
Application: The Mansions at Acqualina Balcony Enclosure for Unit 602 — Sunny Isles Living LP ("Applicant")
Location: 17749 Collins Avenue Unit #602
Public Hearing #: PZ2022-06
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 602 by 313 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 433,562 square feet of FAR to 433,875 square feet of FAR. Further, the Applicant is requesting approval
for the purchase and assignment of TDRs in the amount of 313 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 433,562 square feet of FAR to 433,875 square feet of FAR. The increase of 313 square feet will
only affect dwelling Unit 602, increasing the overall FAR of Unit 602 from 4,609 square feet to 4,922 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 313 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 "Interior Remodeling for:
Existing Residence", prepared by Ramos Architects & Associates stamped received June 3, 2022, consisting of 1 sheet. 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: MU -R (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.
June 2, 2022
City of Sunny Isles Beach
Planning and Zoning Department
18070 Collins Ave.
Sunny Isles Beach, FL 33160
? 21 Z.o Z -z - o c�
RECEIVED
JUN 2 3 2022
PLANNING & ZONING DEPT.
City of Sunny Isles Beach, Ft,
Re: Property located at: 17749 Collins Ave, 4602 Sunny Isles. Beach/ Application for. Enclosure of the
terrace for Unit 602 within the !Mansions at Acqualina Development/ Request for Public Transfer
Development Rights (TDRs)
To whom it may concern:
I.SUNNY ISLES LIVING LP - (Asher 8isbicer) the applicant, am the owner of the property located at 17749
Collins Ave. #602, Sunny Isles Beach. I am requesting a site plan modification adopting the plans for Unit
602 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 313 square feet. In addition,
also request approval of the purchase and assign of 313 square feet of FAR from the available TDRs Bank
account. Existing FAR square footage of the Unit is 4,609 SF (433,562SF total Tower) and the new proposed
square footage is 4,922 SF (433,875 SF overal I Tower).
Thank you in advance for your consideration of this application. l took forward to your favorable review.
If you have any questions, please do not hesitate to contact Carmin Tillit at 754-423-6283.
Sincerely.
010
_Z20
Print name: Asher Bistricer
Suite of WCfI"T"' V `sit
County of
Sm is o acid s bs`ccnb fore me on this day of , 20�y
11_ W ..—
R000�Of
AAt1AlE����°�
.•' Ntuw tc
tr ►"-0j rj juct K : s
Notary Public
o;�......��:..�;
•
J`��If L� i 1M :e'�
mCn.'nm�nnnnaovnnnn.nnmm�nn■�an.mm�nnnnn.rmu ::• a:rz::.;;•::::;;:::;: •4
- u xtrc[ruacr.ix■o■nu■nnnnonnaeieuc.r:u•:unum:■u:ur=ai.mir:x.m:Y.'4c;<y`•,c.+,:+':;::'y;:�:V4'ti „`
o..iiiL.\neon.mm�unnnnnmm�....Jnnou�uumuumnnm �o;
n■yr[.u:r•i.nna.nxc:[:oxn-. ..e�-u•[o�[.�nc�[ ..•o_f..f•..IIu....r•n.en:iu.u...r.:y:�-
" .■.....n.J.■............■■nLJYf irfLiY1�\J\1..■.] .�f it\�i H\�Iifi1•I..r\�YYir[.■ G:�.+i.��:.•mum
' ...
well
L-------------- J
_
_ wrl'r-
o
a
a
W_
ae
,�
L-------------- J
_
_ wrl'r-
o
S3.LIHO�
Sow asor
ioailNoav .toaroaa
911NN'3AVSNIIIOO6Yl[I.vNI,VO0OvivsNOISNtlW 14
a3maGIMI DNI.LSIX3
O'
I
I
1 I
1 I
$ I 1
I
I
I
I 1
I
I I
I
I I I
I I 1
I I i
I
I � I
I
I I
I I I
I 3 I
I w I
g
a
i
q________9__________________9____x
I
�a
J I
ci
W
o
c� CatujU
LLI
O'
fry QF SUti hy1
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: Amy Canales, Planning and Zoning Director
DATE: July 28, 2022
RE: The Mansions at Acqualina - Site Plan Modification for Balcony Enclosure a
17749 Collins Avenue, Unit 602, Sunny Isles Beach, FL 33160 (PZ2022-06)
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, Sunny Isles Living LP owner of property located at 17749 Collins Avenue, #602, Collin
Ave, Sunny Isles Beach FL 33160 has submitted applications for a Site Plan Modification and Transfe
Development Rights (TDRs) for the Mansions at Acqualina. The Site Plan Modification is requesting t
increase the Floor Area Ratio (FAR) of Dwelling Unit 602 by 313 square feet of FAR, through the City'
TDRs program, by enclosing a section of the dwelling unit's balcony. The Site Plan Modification, i
approved, will increase the approved overall square footage of FAR for the Mansions at Acqualinz
project from 433,562 square feet of FAR to 433,875 square feet of FAR.Further, the Applicant is
requesting approval for the purchase and assignment of TDRs in the amount of 313 square feet of FAF
and 0 dwelling units from the City's public TDR bank account.
ATTACHMENTS:
Application
Staff Report
Item Number: 3.A
Public Notice
Letter of Intent
Plans
Item Number: 3.A