HomeMy WebLinkAboutReso 2022-3410RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RESCINDING RESOLUTION 2022-3381, RELATED TO THE APPROVAL OF
THE PURCHASE, SALE, ASSIGNMENT AND TRANSFER OF DEVELOPMENT RIGHTS
("TDRS") FROM THE CITY'S PUBLIC TDR BANK ACCOUNT TO SUNNY ISLES LIVING
LP, FOR THE PROJECT ENTITLED "MANSIONS AT ACQUALINA"; PROVIDING THE
CITY MANAGER AND CITY ATTORNEY 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 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, in conjunction with the aforementioned Site Plan Modification approval, the
City also adopted Resolution 2022-3381, approving the sale and assignment of TDRS from the
City's public TDR Bank account to the Applicant in the amount of 308 square feet of FAR and zero
(0) dwelling units; 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, the erroneous number of square feet of FAR sought in the Site Plan
Modification, was also included in Resolution 2022-3381, with respect to the TDR sale and
assignment; and
WHEREAS, as a result of the aforementioned error, the Applicant has requested, and the
City Commission has agreed, to rescind Resolution 2022-3381.
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 2022-3381. The City Commission of the City of Sunny Isles
Beach hereby rescinds it approval of Resolution 2022-3381.
Section 3. Authority of the City Manager and City Attorney. The City Manager and City
Attorney are 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. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 1511 day of September 2022.
, CMC, City Clerk
Moved by
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGAL S FICIENCY:
\',Jdward A. Dion, City Attorney
Seconded by:�
Vote:
,✓
Mayor Goldman
Pei' (Yes)
(No)
Vice Mayor Viscarra
Commissioner Joseph
(Yes)
(No)
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
2
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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's balcony
In conjunction with the said Site Plan Modification approval, the City also adopted Resolution 2022
3381, approving the sale and assignment of TDRs from the City's public TDR Bank account to the
Applicant in the amount of 308 square feet of FAR and zero (0) dwelling units. Following the 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 308 square feet of FAR. Th(
erroneous number of square feet of FAR sought in the Site Plan Modification, was also included it
Resolution 2022-3381, with respect to the TDR sale and assignment. As a result of the error, the
Applicant has requested to rescind Resolution 2022-3381.
ATTACHMENTS:
Resolution (Added on 9/15/22)
Item Number: 10.X
517