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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