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HomeMy WebLinkAboutZoning Resolution 23-Z-195RESOLUTION NO. 23-Z- 6 R(5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2023-08) SUBMITTED BY MMJM II TRUST, JENNIFER CUIPA TRS, MICHAEL RICCARDI TRS, AND DAVID DONOFRIO TRS, FOR THE PROJECT ENTITLED "MANSIONS AT ACQUALINA" TO INCREASE THE FLOOR AREA RATIO (FAR) OF DWELLING UNIT 1801 BY 313 SQUARE FEET OF FAR, THROUGH THE CITY'S TRANSFER DEVELOPMENT RIGHTS (TDR) PROGRAM, BY ENCLOSING A SECTION OF THE DWELLING UNIT BALCONY, WHICH WILL INCREASE THE APPROVED OVERALL SQUARE FOOTAGE OF FAR FOR MANSIONS AT ACQUALINA PROJECT FROM 434,699 SQUARE FEET OF FAR TO 435,012 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, MMJM II Trust, Jennifer Cuipa TRS, Michael Riccardi TRS, and David Donofrio TRS (the "Applicant") is seeking approval of a Site Plan Modification (PZ2023-08) 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. 22-Z-188, Resolution No. 22-Z-190, and Resolution No. 22-Z-191) have obtained approval for balcony enclosures, through the City's Transfer Development Rights ("TDR") program, increasing the overall FAR of the project to 434,699 square feet of FAR; and WHEREAS, the applicant is seeking to increase the FAR of dwelling Unit 1801 by 313 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 313 square feet of FAR and zero (0) dwelling units; and WHEREAS, via Resolution 2023- 5-0(e, the City Commission approved the Applicant's purchase of TDRs in the amount of 313 square feet of FAR and 0 dwelling units from the City's public TDR bank, and further approved the assignment of solely the 313 square feet of FAR to the property located at 17749 Collins Avenue, Unit 1801, 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 434,699 square feet of FAR to 435,012 square feet of FAR. The increase of 313 square feet will only affect dwelling Unit 1801, increasing the overall FAR of the unit 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. Legal Description: 17749 COLLINS AVENUE CONDO UNIT 1801 UNDIV 1.162791% INT IN COMMON ELEMENTS OFF REC 29719- 2548 Address: 17749 Collins Avenue Unit #1801 Folio: 31-2211-083-0001 (Reference) 31-2211-083-0140 (Unit) WHEREAS, on June 15, 2023, 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 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, 22-Z-188, 22-Z-190, and 22-Z-191: increase the Floor Area Ratio (FAR) of dwelling Unit 1801 by 313 square feet of FAR, through the City's TDRs program, by enclosing a section of the combined dwelling unit's balcony, thus increasing the overall square footage of FAR for Mansions at Acqualina project from 434,699 square feet of FAR to 435,012 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, 22-Z-188, 22-Z-190, and 22-Z-191 to increase the Floor Area Ratio (FAR) of dwelling Unit 1801 by 313 square feet of FAR, through the City's TDRs program, by enclosing a section of the dwelling unit's balcony, thus increasing the overall square footage of FAR for Mansions at Acqualina project from 434,699 square feet of FAR to 435,012 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 "Terrace Conversion for: UNIT #1801," prepared by Ramos Architects & Associates stamped received May 5, 2023, 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 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 the total amount of the approved purchased price of $39,125.00 for the TDRs purchased from the City's Public TDR Bank. Failure to pay the required deposit within the ten (10) working days of approval of the TDRs application and site plan 9 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. 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 Cityfor deposit into such account in an amount to be determined bythe 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 El 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 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 provision 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 F �41day of June, 2023. CITY OF NNY IS S BEACH, FLORIDA n4, By its t Commi ion 1 1 yF Of j.t By: E x Larisa Svechin, Mayor /yr •. +F 7a A A, Mauricio Beikancur, CMq, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: c. Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney n Moved by:�f % —1 — I S Seconded byd �ffj. � — Vote: Mayor Svechin (Yes) (No) Vice Mayor Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant Yes) (No) Commissioner Viscarra(Yes) (No) June 15, 2023 PZ2023-09 �Le Sip FL0 CITY OF SUN PCO CITY OF SUNNY ISLES BEACH STAFF REPORT The Mansions at Acqualina SITE PLAN MODIFICATION & TRANSFER DEVELOPMENT RIGHTS (TDRs) PROJECT SUMMARY Application Number: PZ2023-08 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 proposed Site Plan Modification is to increase the floor area of Unit 1801 by 313 square feet, through the City's TDRs program in order to enclose a section of the unit's balcony. The Site Plan Modification will increase the approved overall floor area for the Mansions at Acqualina project from 434,699 square feet to 435,012 square feet of floor area. Further, the Applicant requests approval for the purchase and assignment of TDRs in the amount of 313 square feet of floor area and 0 dwelling units from the City's public TDR bank account. Applicant/Owner: MMJM II Trust, Jennifer Cuipa TRS, Michael Riccardi TRS, David Donofrio TRS 17749 Collins Avenue, Unit 1801 Sunny Isles Beach, FL 33160 ATTN: Carmin Tillit, East of Collins Expediating SITE INFORMATION Location: 17749 Collins Avenue Unit 1801 Land Area: 99,098 sq. ft. (2.275 acres) Unit Area: 4,609 sq. ft. Folio: 31-2211-083-0001 (Reference) 31-2211-083-0140 (Unit 1801) Page 1 of 9 20 June 15, 2023 PZ2023-09 Legal Description: 17749 COLLINS AVENUE CONDO UNIT 1801 UNDIV 1.162791 % INT IN COMMON ELEMENTS OFF REC 29719- 2548 Future 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 District: 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. Site Description: 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, 21-Z-185, 22-Z-190 and 22-Z-191) have gained approval for balcony enclosures, through the City's TDRs program, increasing the overall FAR of the project to 434,699 square feet of FAR. Adjacent Properties: Page 2 of 9 21 Existing Land Use Zoning Future Land Use Ma North Mixed use resort — Acqualina MU -R Mixed Use -High Density Resort Ocean Residences & Resort East None — Atlantic Ocean N/A Water South High-rise residential — MU -R Mixed Use -High Density Resort Pinnacle Condominiums Page 2 of 9 21 June 15, 2023 PZ2023-09 III. REQUEST Pursuant to Sections §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 from 434,699 square feet to 435,012 square feet. The increase of 313 square feet will only affect dwelling Unit 1801, increasing the floor area of Unit 1801 from 4,609 square feet to 4,922 square feet. 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 floor area 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. Page 3 of 9 22 Neighborhood business and West hotel — McDonalds and B-1 Neighborhood Business Residence Inn by Marriott III. REQUEST Pursuant to Sections §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 from 434,699 square feet to 435,012 square feet. The increase of 313 square feet will only affect dwelling Unit 1801, increasing the floor area of Unit 1801 from 4,609 square feet to 4,922 square feet. 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 floor area 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. Page 3 of 9 22 June 15, 2023 PZ2023-09 Comment: With the proposed modifications to increase the floor area 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. 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 Mansions at Acqualina, the receiver site, has a Future Land Use of Mixed -Use High- Density Resort. 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 "Terrace Conversion for: UNIT #1801", prepared by Ramos Architects & Associates stamped received May 5, 2023, consisting of two 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 (MU -R) Page 4 of 9 23 June 15, 2023 PZ2023-09 265-35. 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. 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: 4.39 with bonus FAR and TDRs - 435,012 square feet. Note: The increase of 313 square feet shall only affect dwelling unit 1801, increasing the overall floor area 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. Page 5 of 9 24 June 15, 2023 PZ2023-09 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 Mansions 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, 21-Z-185, 22-Z-190 and 22-Z-191) have gained approval for balcony enclosures, through the City's TDRs program, increasing the overall FAR of the project to 434,699 square feet of FAR. Under this site plan modification, the Applicant is seeking to purchase and assign TDR's in the amount of 313 square feet of floor area 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 completed by Appraisal First Real Estate Appraisers, LLC. date stamped May 5, 2023, 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 Thousand 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). VI. FINAL ANALYSIS Based on the above review, the application is consistent with the City's Comprehensive Plan and the City's Land Development Regulations. The site plan modification requests an increase of 313 square feet of floor area for Unit 1801, which increases the floor area of the unit from 4,609 square feet to 4,922 square feet. The Applicant has not requested any variances as part of this application. Page 6 of 9 25 June 15, 2023 PZ2023-09 Staff has compiled the relevant facts of the requested site plan modification and request for TDR purchase and assignment and recommends the application be presented to City Commission for consideration. VII. CONDITIONS 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 "Terrace Conversion for: UNIT #1801", prepared by Ramos Architects & Associates stamped received May 5, 2023, consisting of two 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 the total amount of the approved purchased price of $39,125.00 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. 3. 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. 4. 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. 5. 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 Mansions at Acqualina Condominium Association. 6. 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 Page 7 of 9 26 June 15, 2023 PZ2023-09 and Bonuses. Conditions to be completed before any Certificate of Occupancy is issued. 7. 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. 8. 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. 9. 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. Page 8 of 9 27 June 15, 2023 PZ2023-09 Other Conditions. 10. 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. 11. 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. 12. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. (END) Page 9 of 9 28 RECEIVED M AY 1 5 2023 t zaoas- 'NING DEPT. L11 ffftyvfSumTWes Beach, FL 1. Proposed Project Name:17749 COLLINS AVE- #1801 BALCONY ENCLOSURF 2. Name of Applicant MMJM II TRUST, Jennifer Cuipa TRS, Michael Riccardi TRS, David Donofrio TRS 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 Addres City SUNNY ISLES BEACH State ELZ33160 Tel. # (during working hours) e-mail 4. Name of Property OwnermI e 11 TRUST, I nnif r ulna TRC Mich^el Rlceardi TRS navid nnnnfrio TRS Mailing Address 17749 COLLINS AVE. #9801 City ,; Nlsry ICI FRRFAQH State FL Zip 33160 Tel. A (during working hours) a -mail 5. Contact Person CARMI Mailing Address 202 Sut City Sunny Isles Bea Tel. 9 (during working how 6. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION a. if subdivided, provide lot, Flock, 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 GOLLINS AVENUE CONDO UNIT 1801 UNOIV 1 162791° - INT IN COMMQN ELEMENTS OFF PERK -2448 7. Address or location of subject property: -- LZ749 GOL I INS AVP #1801 SUNNY 131 F:,q REACH EL 33JR0 ins.com S. Size of property: q �oq s ft. x ft. acres City of Sunny Isles Beach Public Hearing Application Package Page 3 of 30 W PUBLIC HEARING APPLICATIO SNNy t$ q � �s F 0.° Fleari 1 Date •; y Folio ^ J.O RECEIVED M AY 1 5 2023 t zaoas- 'NING DEPT. L11 ffftyvfSumTWes Beach, FL 1. Proposed Project Name:17749 COLLINS AVE- #1801 BALCONY ENCLOSURF 2. Name of Applicant MMJM II TRUST, Jennifer Cuipa TRS, Michael Riccardi TRS, David Donofrio TRS 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 Addres City SUNNY ISLES BEACH State ELZ33160 Tel. # (during working hours) e-mail 4. Name of Property OwnermI e 11 TRUST, I nnif r ulna TRC Mich^el Rlceardi TRS navid nnnnfrio TRS Mailing Address 17749 COLLINS AVE. #9801 City ,; Nlsry ICI FRRFAQH State FL Zip 33160 Tel. A (during working hours) a -mail 5. Contact Person CARMI Mailing Address 202 Sut City Sunny Isles Bea Tel. 9 (during working how 6. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION a. if subdivided, provide lot, Flock, 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 GOLLINS AVENUE CONDO UNIT 1801 UNOIV 1 162791° - INT IN COMMQN ELEMENTS OFF PERK -2448 7. Address or location of subject property: -- LZ749 GOL I INS AVP #1801 SUNNY 131 F:,q REACH EL 33JR0 ins.com S. Size of property: q �oq s ft. x ft. acres City of Sunny Isles Beach Public Hearing Application Package Page 3 of 30 W 9. Date subject property acquired ✓or leased AA day of LW? ia-13 � : p(,S' term of lease _years/months. 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". NA 11. Is there an option to purchase Por lease - the subject property or property contiguous thereto? Yes or VNo If yes, who are the potential purchasers or lessees'? (Complete section of Disclosure of Interest form also). NA 12. Present zoning classification (s): MU -R, Mixed._u_se _ Resolt_DiLStC1GL 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) a Site Pian Approval ❑ Conditional Use o Variance n Plat Approval n Transfer Development Rights ❑ Vested Rights ❑ Appeals * Other: TDR - BALCONY ENCLOSURE Major Site Pian Modification. 1-1. Has a public hearing been held on this property within the last year and a hall'? n yes o no If yes, applicants name Date of hearing__ ---- Nature of hearing Decision of hearing Resolution 4 City of Sunny Islas Beach Public Hearing Application Package Page A of 30 30 I S. Is this hearing being requested as a result of violation notice'? o yes 9 no If yes, give name to which violation notice was served Nature of vi 16. Are there any existing structures on the property? V yes ❑ no if yes, briefly describe Residential Condominium Building 17. Is there any existing use on the property? s( yes a no if yes, what is the use and when was it established'? Use Commericial Residential — ----- Established Commercial Residential Gity of Sunny Isles Beach Public Hearing Application Package Page 5 of 30 31 OWNER OR TENANT AFFIDAVIT FOR INDIVIDUAL STATE OF VWPAW) Public Flearing No. COUNTY OF OIW t 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 7k Affiant's Signature nurd I,f) 0 P/I -e- Print Print Name Print Name Signature Print Name Sworn to and subscribed before me on the_. _day of i rK-lb 20 2, Affiant is personally known to me or has produced '991 r -E I,1 C"SF: as identification, Notary (Stamp/Seal) Commission Expires: 3�,t ice; MY COMM$" i M 338890 F�tI�ftVDewrAwS.2028 City of Sunny Isles Beach Public Hearing Application Package Page 6 of 30 32 OWNERSHIP AFFIDAVIT FOR TRUST STATE OF FLORIDA Public Hearing No. COUNTY OF (MIAMI DADE Before me, the undersigned authority, personally appeared DAVID VONOFRIO , , hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is the trustee of the MMJM 11 TRUST Jennifer Cuioa TRS Michael Riccardi TRS, David Donofrio TRS trust, at the following address: 17749 COLLINS AVE. #1801 SUNNY ISLES BEACH FL 33160 2. Affiant as trustee is authorized to file this application for a public hearing. 3. The trust owns the property, which is the subject of the proposed hearing. 4. The subject property is legally described as: 17749 COLLINS AVE #1801 UNDIV 1,162791% INT IN COMMON ELEMENTS OFF REQ 29719-2448 5. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing. 6. Affiant understands that the matters attached to and made part of the application are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before the application can be submitted and the hearing advertized. Witnesses: ' Sign t � Priraf Na lSig�nCatureA Print Name Trustee Afffant's Signature DAVID D'ONOFRIO Print Name Sworn to and subscribed before me on the L2#0 day of APRIL .20 23 , Affiant is personally known to nip, or has produced DRIVERS LICENSE as Identification. Notary (Stamp/Seal) Commission Expires: /c/1�1b�4a _ •"`'"�"�� CHOLET. MNKSTON +: *= My COIAAII$SION A HH 33itill EXPIRM: DecemW Q, 2M City of Sunny Isles Beach Public Hearing Application Package Page '13 of 23 33 If the property, which is the subject of the application, is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. (Note: where the beneficiary (s) consist of corporation (s), another trust (s), partnership (s) or other similar entities, further disclosure shall be required which disclosures the identity of the individual (s), (natural persons) having the ultimate ownership interest in the aforementioned entity}. MMJM II TRUST Trust Name Name and Address Percentage of Interest 3f A JL_6 e-- q) AJ - If the property, which is the subject of the application, is owned or lease by a PARNERTSHIP or LIMITED PARTNERSHIP, list the principals of the partnership, including general and limited partners. {Note; where the other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural person) having the ultimate ownership interest in the aforementioned entity}. PARTNERSHIP OR LIMITED PARTNERSHIP NAME NAME AND ADDRESS PERCENTAGE OF OWNERSHIP If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not and whether a Corporation, Trustee or Partnership list the names of the contract purchasers below, including the principal officers, stockholders, beneficiaries or partners. {Note; where the principal officers, stockholders, beneficiaries or partners consist of another corporation, trust, partnership or other similar entities, further disclosure shall be required which discloses the identity of the individual (s) (natural persons) havingthe ultimate ownership interest in the aforementioned entity). NAME City of Sunny Isles Beach Public Hearing Application Package Page 15 of 23 34 NAME, ADDRESS AND OFFICE (if applicable) Percentage of Interest Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in the application to the best of my knowledge and belief. Signature: (Applicant) ,)L;J (*a h� Sworn to and subscribed before me, J This 90 dayof OOL, 20a Notary Public, State of Florida at Large CHOLE T. PINKSTON W COMMISSION # HH 3386!! EXPIRES: December 6, 2026 M f1 My Commission Expires: %':;V * Disclosure shall not be required of any entity; the equity interest is which are regularly traded on an established securities market in the United States or other country; or any entity, the ownership interest of which are held in a limited partnership consisting of more than 5,000 separate interest and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership. Public Hearing No: City of Sunny Isles Beach Public Hearing Application Package Page 16 of 23 35 RESPONSIBILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNING I hereby acknowledge that l am aware of the preliminary review of plans ofthe 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 Nliami-Dade County Fire Department (NIDFD) for the stagingareaof 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 FDOT 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 FDOT 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, i f 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 will not necessary forestall enforcement action against the property. Fees: l understand that the hearing fees paid at the time of filing may not be the total cost of the hearing and that I will be advised of any other fees that can, be associated with the publi he�ring application. �. Sigtune �a,trt r� � Print Name Notary: Sworn to and subscribed before me this 7 day of/L Notary Public -State of Florida •' "'!'; CHOLE T.FINKSTON My commission expires .i MY COMMISSKk111H "W99 :y .�°' EXpIRBS;Decertlt►er8.2026 City of Sunny Isles Beach Public Hearing Application Package Page 15 of 30 36 April 21, 2023 AGENT LETTER RECEIVED MAY 5 2023 P�'aoa3 -off PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL The purpose of this letter is to inform you that MMJM II TRUST have authorized Carmin Tillit and East of Collins Expediting to act as my agent in all matters pertaining to obtaining the necessary Approvals for TDR's purchase including representing us in the Commissioner Hearing and obtaining permits including signing on my behalf, with the City of Sunny Isles Beach Building Department, Code Enforcement, Miami Dade County and any other entity necessary in order to obtain the TDR's and permits for the property located at 17749 Collins Ave #1801 Sunny Isles Beach, Fl 33160 If you should have any questions, I can be contacted at 647-406-0288. Sincerely, n �i G Vc 1J C� At.pip e, STATE OF FLORIDA COUNTY OF MIAMI-DADE Sworn and subscribed before me on _ of lf i?) L , 202 by VWD 3)'UND U , who are personally known to me. State of Florida Notary Public "'�i;•.. CHOLE T. PINKSTOH MY COMNISSfON f HH 338Q!!f M F IRES. De AMW 6, 20X 7;yrt.r►� . 37 f IIF \I ,\N�10Nti \1 .:\C .L',AI -411 May 3, 2023 Via Email MMJM II Trust - Pat Di Capo 17749 Collins Ave Unit 1801 Sunny Isles Beach, FL 33160 Re: Balcony Enclosure Notice - TDR Purchase Address: 17749 Collins Avenue, 1801 Sunny Isles Beach, FL 33160 Owner: MIVIJM II Trust - Pat Di Capo To City of Sunny Isles, [RECEIVED MAY 5 2023 PZe?OR 3 08 PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL This letter confirms that 17749 Collins Condominium .Association, Inc. (the "Association") is aware that MMJM II Trust - Pat Di Eapo is intending to enclose the balcony of 313 square feet. This letter is intended for TDR purchase only. No work is being authorized or approved until the Condominium Association reviews and approves the construction clans and contractor. Should you have any questions concerning the foregoing, please do not hesitate to contact die Assistant Residence Manager Claudia Gais at 305-900-6666 or claudiag@i-nansions,,it,,icquahna.com. e)t 0 (L. �P P�450ALLj '400v, -)Q 1-.7-1 tv 12 -Lo CHOLE T. PINKSTON MY COMM189101 N HH 30199 EXPIRES: December 8, 2028 Form08.OZ15 Sincerely, M10401 Signature Rie c e% Name and Title 17749 Collins Condominium Association, Inc. 17749 Collins Avenue • Sunny Isles Beach, FL 33160 38 m I ■{{{{.I�i]S`L,1l lIM, 11H'..moon ... moon mono no! ... moon ...{..1lI1!>J{IM, .'.1;1M,..{{l.t�{II.I MI�1.:': S.12,1100 TO on :? ■{... ,[�l1ll11111.1111-5{YNY)DUH)1=...CV's\.LIMIT �:..'�>rf�F•'1'1 II IIf�11: III! .!1t11�IS■ Y- {.........Y..{■{...{.�{......\J V f ir4\��.i{J{'I..l•l..�f i - {JS Hsi 1.{d\'I............ -{• ■..................{...............................{.......................... is •:•i::: 3s wvH 380f, T091# LINfl IM 61 flhW g Q a GIH W °° N w 2 o w ;� W N o � NN� N ���II\ V z titins W z � 5 39 1LL� gH 10- 2_� �ijrce o o $ o 39 suusv •03H via sowva 3sor 10311HOnv 103roHd ---- I I I I I I I g I La p"No - I ° .-- s — — — — — — — — — — — — — — — — i --- IFI r S a o 1 I 1 F$ a U m ®II I' I I I II I III II 1 111 II 1 � z 1 w I I I I I I I g I La p"No - I ° I I I I F€ I II Ell1 lJ .>� 1 iL- .-- s — — — — — — — — — — — — — — — — i --- IFI r S 1 I 1 F$ F� n I r m ®II I' I I I II I III II 1 111 II 1 � z 1 w o$ I I I I I I I F€ I II Ell1 lJ .>� 1 iL- 40 N I 1 I 1 F$ F� m III II 1 111 II 1 � z 1 w L -----------------J 40 Letter of Intent April 21, 2023 City of Sunny Isles Beach Planning and Zoning Department 18070 Collins Ave. Sunny Isles Beach, FL 33160 RECEIVED M AY 5 2023 PzRoa 3-d PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL Re: Property located at: 17749 Collins Ave. #1801, Sunny Isles Beach/ Application for Enclosure of the terrace for Unit 1801 within the Mansions at Acqualina Development/ Transfer of Development Rights (TDRs) To whom it may concern: 1, MMJM II TRUST the applicant, am the owner of the property located at 17749 Collins Ave. #1801, Sunny Isles Beach. I am requesting a site plan modification adopting the plans for Unit 1801 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, I 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 ( 434,699 SF total Tower) and the new proposed square footage is 43922 SF (435.o12 SF overall Tower). Thank you in advance for your consideration of this application. I look forward to your favorable review. If you have any questions, please do not hesitate to contact Carmin Tillit at 754-423-6283. Sincerely, D-4- —I Print name: `J d t `� (Jt`Pt d State of Florida County of ALUM ` L ILL Sworn to and subscribed before me on this ;L7 day of &,&I- L 20,a� by MINI-Ap !,re Notary Public ' CHOLE X PWKSTON •: 1, MY COMMMON S HH 3W" EXPIRES; Det wbK e, 2o2$ 41 S.1NY /g4, s O B� CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARING `op Carr OFSUN 'NO 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, JUNE 15, 2023 AT 6:30 P.M., to consider the following Zoning application: Public Hearing #: PZ2023-08 Application: The Mansions at Acqualina Balcony Enclosure for Unit 1801 Applicant: MMJM II Trust, Jennifer Cuipa TRS, Michael Riccardi TRS, David Donofrio TRS Location: 17749 Collins Avenue Unit #1801, Sunny Isles Beach, FL 33160 Size of Property: 2.275 acres (99,098 sq. ft.) Size of Unit: 4,609 sq. ft. Zoning District: MU -R (Mixed Use -Resort District) 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 of Unit 1801 by 313 square feet, through the City's TDRs program, to enclose a section of the unit's balcony. The Site Plan Modification will increase the approved overall floor area for the Mansions at Acqualina project from 434,699 square feet to 435,012 square feet of floor area. Further, the Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 313 square feet of floor area and 0 dwelling units from the City's public TDR bank account. Request: Pursuant to Sections §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 from 434,699 square feet to 435,012 square feet. The increase of 313 square feet will only affect dwelling Unit 1801, increasing the floor area of Unit 1801 from 4,609 square feet to 4,922 square feet. 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 floor area 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 "Terrace Conversion for: UNIT #1801", prepared by Ramos Architects & Associates stamped received May 5, 2023, consisting of two 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. Legal Description: 17749 COLLINS AVENUE CONDO UNIT 1801 UNDIV 1.162791% INT IN COMMON ELEMENTS OFF REC 29719-2548 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. 42 FL9'�`4 sQ e,rr of svA TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305)949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Stan Morris, City Manager Amy Canales, Planning and Zoning Director June 15, 2023 Zoning Application for Site Plan Modification - Balcony Enclosure - 1774 Collins Avenue, Unit 1801 (#PZ2023-08) RECOMMENDATION: Staff has complied the relevant facts, presented in the attached staff report, and recommends the application be presented to City Commission for consideration. REASONS: 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 i requesting to increase the floor area of Unit 1801 by 313 square feet, through the City's TDR program, to enclose a section of the unit's balcony. The Site Plan Modification will increase the approved overall floor area for the Mansions at Acqualina project from 434,699 square feet to 435,012 square feet of floor area. Further, the Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 313 square feet of floor area and 0 dwelling units from the City'! public TDR bank account. ATTACHMENTS: Staff Report Application Proposed Plans Letter of Intent Public Hearing Notice Item Number: 6.A 19