HomeMy WebLinkAboutReso 2022-34090113
RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RESCINDING RESOLUTION 22-Z-190 RELATED TO SITE PLAN
MODIFICATION APPLICATION (PZ2022-06) SUBMITTED BY SUNNY ISLES LIVING
LP, FOR THE PROJECT ENTITLED "MANSIONS AT ACQUALINA"; 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") sought 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"); and
WHEREAS, on July 29, 2022, the City approved the Applicant's Site Plan Modification
(PZ2022-06) by adopting Resolution 22-Z-190, to increase the FAR of dwelling Unit 602 by 308
square feet of Floor Area Ratio ("FAR"), through the City's TDR program, by enclosing a section
of the dwelling unit's balcony; and
WHEREAS, following the aforementioned approval, the Applicant advised the City of an
error in the number of square feet of FAR sought, which should have been 313 square feet of
FAR, instead of the approved 308 square feet of FAR; and
WHEREAS, as a result of the aforementioned error, the Applicant has requested, and the
City Commission has agreed, to rescind Resolution 22-Z-190.
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. Rescinding Resolution 22-Z-190. The City Commission of the City of Sunny Isles
Beach hereby rescinds it approval of Resolution 22-Z-190.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. 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 5. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and
are hereby repealed.
Section 6.
ATTEST:
Mau
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 15th day of September 2022.
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
4 -.1 D a 9-11� —
Betancu CMC, City Clerk Edward A. Dion, City Attorney
Moved by: ' ''✓ "9W nded by:1!
Vote:
Mayor Goldman
�'
(.Yes)
(No)
Vice Mayor Viscarra
7Yes)
(No)
Commissioner Joseph
�A (Yes)
(No)
Commissioner Lama
�Yes)
(No)
Commissioner Stuyvesant
�" (Yes)
(No)
7
516
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: September 15, 2022
RE: Rescind Zoning Resolution No. 22-Z-190 for Application No. PZ2022-OE
Submitted by Sunny Isles Living LP
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
On July 29, 2022, the City approved Sunny Isles Living LP's (Applicant) Site Plan Modification (PZ202;
06) by adopting Resolution 22-Z-190, to increase the FAR of dwelling Unit 602 by 308 square feet of
Floor Area Ratio, through the City's TDR program, by enclosing a section of the dwelling unit':
balcony. Following the approval, the Applicant advised the City of an error in the number of square
feet of FAR sought, which should have been 313 square feet of FAR, instead of the approved 30F
square feet of FAR. As a result of the error, the Applicant has requested to rescind Resolution 22-Z-
190.
ATTACHMENTS:
Resolution (Added on 9/15/22)
Item Number: 10.W
514