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HomeMy WebLinkAboutZoning Resolution 22-Z-191RESOLUTION NO. 22-Z- 1 I I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2022-08) SUBMITTED BY LEN A. HAUSSLER, FOR THE PROJECT ENTITLED "MANSIONS AT ACQUALINA" TO INCREASE THE FLOOR AREA RATIO (FAR) OF DWELLING UNIT 3901-02 BY 824 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 433,875 SQUARE FEET OF FAR TO 434,699 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, Len A. Haussler (the "Applicant") is seeking approval of a Site Plan Modification (PZ2022-08) 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, Resolution No. 21-Z-185 and Resolution No. 22 -Z -Mid, have obtained approval for balcony enclosures, through the City's Transfer Development Rights ("TDR") program, increasing the overall FAR of the project to 433,875 square feet of FAR; and WHEREAS, the applicant is seeking to increase the FAR of dwelling Unit 3901-02 by 824 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 824 square feet of FAR and zero (0) dwelling units; and WHEREAS, via Resolution 2022 , the City Commission approved the Applicant's purchase of TDRs in the amount of 824 square feet of FAR and 0 dwelling units from the City's public TDR bank, and further approved the assignment of solely the 824 square feet of FAR to the property located at 17749 Collins Avenue Unit 3901-02 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 433,875 square feet of FAR to 434,699 square feet of FAR. The increase of 824 square feet will only affect dwelling Unit 3901-02, increasing the overall FAR of the unit from 9,218 square feet to 10,042 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 824 square feet of FAR and 0 dwelling units from the City's public TDR bank account. Legal Description: 17749 COLLINS AVENUE CONDO UNIT 3901 UNDIV 1.162791% INT IN COMMON ELEMENTS OFF REC 29719- 2548; 17749 COLLINS AVENUE CONDO UNIT 3902 UNDIV 1.162791% INT IN COMMON ELEMENTS OFF REC 29719- 2548 Address: 17749 Collins Avenue Unit #3901-02 Folio: 31-2211-083-0001 (Reference) 31-2211-083-0350 (Unit) 31-2211-083-0780 (Unit) WHEREAS, on September 15, 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. 2 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 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, 21-Z-185, and 22 -Z - increase the Floor Area Ratio (FAR) of dwelling Unit 3901-02 by 824 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 433,875 square feet of FAR to 434,699 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, 21-Z-185 and 22-Z- to increase the Floor Area Ratio (FAR) of dwelling Unit 3901- 02 by 824 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 433,875 square feet of FAR to 434,699 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 #3901-02", prepared by MS Architects, Inc. stamped received August 29, 2022, consisting of 10 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 824 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 the total amount of the approved purchased price of $103,000 for the TDR's purchased from the City's Public TDR Bank. Failure to pay the required amount within the ten (10) working days of approval of the Transfer of Development Rights (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. C. 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. D. 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. E. 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. F. 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. G. That the Applicant must present a recordable Unity of Title to combine units 3901 and 3902 into one parcel. II. Conditions to be completed before any Certificate of Occupancy is issued. A. Under Section 267-4, the City Manager and/or his/her designee in review of any application, may refer any such application presented to it to such engineering, planning, legal, technical, or environmental consultant or professional(s) employed by the City as the Manager shall deem reasonably necessary to enable him/her to review such application as required by law. Charges made by such consultants or professionals shall be in accord with the charges customarily made for such services in Miami -Dade County, and pursuant to an existing contractual agreement by and between the City and such consultant. Charges made by the City shall be in accord with the hourly rates charged by such consultants or hourly rates of employed professionals and shall be paid within 30 days on submission of City voucher. B. At the time of submission of any application or thereafter, it is required that an escrow account be established, from which withdrawals shall be made to reimburse the City for 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 11 up to the amount of the initial deposit. If such account is not replenished within thirty -days (30) after the applicant is notified, in writing, of the requirements for such additional deposit, the City may suspend its review of the application. An application shall be deemed incomplete if any amount shall be outstanding. A building permit or Certificate of Use and Certificate of Occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the City. Once all pertinent charges have been paid, the City shall refund to the Applicant any funds remaining on deposit. C. The Applicant shall furnish payment and performance bond in an amount determined by the Building Official to ensure Applicant's performance of public improvements required pursuant to site plan approval and in accordance with recommendations of the Building Official after review of construction plans submitted based on development approval granted herein. Any such bond shall be issued by a surety having a minimum rating of A- 1 in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City, and shall provide that "this bond may not be cancelled or allowed to lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of written notice from the issuer of the bond of intent to cancel or not to renew". As improvements are made the City, within its discretion, may reduce or eliminate the bond amount. These rights reserved by the City with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the City may have under this Resolution, in law or in equity. III. Other Conditions. A. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the City upon compliance with all terms and conditions. The Certificate of Occupancy and Certificate of Use shall be subject to cancellation upon violation of any of the conditions. B. That the approved site plan shall remain valid for a period of 24 -months from the date of the site plan modification approval. If no building permit is issued within the 24 -month time period, the site plan shall be considered null and void and of no force and effect. C. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND PROFESSIONAL FEES (AS PER SECTION 267-4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS, OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH HEREINABOVE HAVE BEEN TRANSFERRED. 5 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 15th day of September, 2022. APPROVED AS—TO FORM All A FICIENCY: EdvVrd A. Dion, City Attorney CITY OF SUNNY ISLES BEACH, FLORIDA By its City Commissi n By: Da obin Goldman, Mayor 3 Moved by: ��' I/1"sC,4e4tSeconded by. G txy Vote: Mayor Goldman ✓,(Yes) (No) Vice Mayor Viscarra Commissioner Joseph (Yes) --Z(Yes) (No) (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No)