HomeMy WebLinkAboutZoning Resolution 23-Z-196RESOLUTION NO. 23-Z- 19
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2023-09)
SUBMITTED BY CAROL A. NAPPI TRS FOR THE PROJECT ENTITLED "MANSIONS AT
ACQUALINA" TO INCREASE THE FLOOR AREA RATIO (FAR) OF COMBINED
DWELLING UNIT 2401-2402 BY 789 SQUARE FEET OF FAR, THROUGH THE CITY'S
TRANSFER DEVELOPMENT RIGHTS (TDR) PROGRAM, BY ENCLOSING SECTIONS
OF THE COMBINED DWELLING UNIT BALCONY, WHICH WILL INCREASE THE
APPROVED OVERALL SQUARE FOOTAGE OF FAR FOR MANSIONS AT ACQUALINA
PROJECT FROM 435,012 SQUARE FEET OF FAR TO 435,801 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, Carol A. Nappi TRS (the "Applicant") is seeking approval of a Site Plan
Modification (PZ2023-09) 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, Resolution No. 22-Z-191, and Resolution No. 23-Z- V91Z-) have obtained approval
for balcony enclosures, through the City's Transfer Development Rights ("TDR") program,
increasing the overall FAR of the project to 435,012 square feet of FAR; and
WHEREAS, the applicant is seeking to increase the FAR of combined dwelling Unit 2401-
2402 by 789 square feet of FAR, through the City's TDR program, by enclosing a section of the
combined 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 789 square feet of FAR and zero (0) dwelling units; and
WHEREAS, via Resolution 2023- '?>502, the City Commission approved the Applicant's
purchase of TDRs in the amount of 789 square feet of FAR and 0 dwelling units from the City's
public TDR bank, and further approved the assignment of solely the 789 square feet of FAR to
the property located at 17749 Collins Avenue, combined Unit 2401-2402, 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 435,012 square feet of FAR to 435,801 square feet
of FAR. The increase of 789 square feet will only affect combined dwelling Unit 2401-2402,
increasing the overall FAR of the unit from 8,476 square feet to 9,265 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 789 square feet of FAR and 0 dwelling units from the City's public TDR bank account.
Legal Description: 17749 COLLINS AVENUE CONDO UNIT 2401 UNDIV 1.162791% INT
IN COMMON ELEMENTS OFF REC 29719- 2548 and 17749 COLLINS
AVENUE CONDO UNIT 2402 UNDIV 1.162791% INT IN COMMON
ELEMENTS OFF REC 29719-2548
Address: 17749 Collins Avenue Unit #2401 and Unit #2402
Folio: 31-2211-083-0001 (Reference)
31-2211-083-0200 (Unit)
31-2211-083-0630 (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.
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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, 22-Z-191, and 23-Z- 1U
increase the Floor Area Ratio (FAR) of combined dwelling Unit 2401-2402 by 789
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 435,012 square feet of FAR to 435,801
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, 22-Z-191, and 23-Z-t�L to increase the Floor Area Ratio (FAR) of
combined dwelling Unit 2401-2402 by 789 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 435,012 square feet of FAR to 435,801
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: Carol A. Nappi TRS Linger Trust
Resid," prepared by Ramos Architects & Associates stamped received May 5, 2023,
consisting of 3 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 789 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 $98,625.00 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
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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.
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
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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.
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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.
Cartinn R
Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 7 "lday of June, 2023.
Maurici1p Betlancur,
C, City Clerk
APPROVED AS TO FORM
ALEGAL n FICI CY:
'Alain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
CITY OF SUNNY S BEACH, FLORIDA
By its City C missi n
By:
Larisa Svechin, Mayor
0
Moved by: `"' t_ � fs/�Seconded by: .� �
Vote:
Mayor Svechin Yes) (No)
Vice Mayor Joseph::2_�XYes) (No)
Commissioner Lama ✓ (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
June 15, 2023
PZ2023-09
yF ' 99� rt 0
C'rr 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: PZ2023-09
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 requests to increase the floor area of
combined Unit 2401-2402 by 789 square feet, through the
City's TDRs program, to enclose a section of the unit's
balcony. The Site Plan Modification will increase the overall
floor area for the Mansions at Acqualina project from 435,012
square feet to 435,801 square feet of floor area.
Further, the Applicant requests approval for the purchase and
assignment of TDRs in the amount of 789 square feet of floor
area and 0 dwelling units from the City's public TDR bank
account.
Applicant/Owner: Carol A Nappi TRS
17749 Collins Avenue, Unit 2401 and 2402
Sunny Isles Beach, FL 33160
ATTN: Carmin Tillit, East of Collins Expediating
SITE INFORMATION
Location: 17749 Collins Avenue Unit 2401 and Unit 2402
Land Area: 99,098 sq. ft. (2.275 acres)
Unit Area: 8,476 sq. ft.
Folio: 31-2211-083-0001 (Reference)
31-2211-083-0200 (Unit)
31-2211-083-0630 (Unit)
Page 1 of 9
45
June 15, 2023
PZ2023-09
Legal Descriptions: 17749 COLLINS AVENUE CONDO UNIT 2401 UNDIV
1.162791% INT IN COMMON ELEMENTS OFF REC 29719-
2548
17749 COLLINS AVENUE CONDO UNIT 2402 UNDIV
1.162791% INT IN COMMON ELEMENTS OFF REC 29719-
2548
Future Land Use: Mixed Use - High Density Resort
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.
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, 21-Z-185, 22-Z-190, 22-Z-191 and 23-Z- )
have gained approval for balcony enclosures, through the
City's TDRs program, increasing the overall floor area of the
project to 435,012 sq. ft. and FAR to 4.39.
Adjacent Properties:
Page 2 of 9
46
Existing Land Use
Zoning
Future Land Use Ma
North
Mixed use resort — Acqualina
MU -R
Mixed Use -High Density Resort
Ocean Residences & Resort
East
Atlantic Ocean
N/A
Water
Page 2 of 9
46
June 15, 2023
PZ2023-09
South
High-rise residential —
MU -R
Mixed Use -High Density Resort
Pinnacle Condominiums
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 435,012 square feet to 435,801
square feet. The increase of 789 square feet will only affect combined dwelling Unit
2401-2402, increasing the floor area of combined Unit 2401-2402 from 8,476 square
feet to 9,265 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 789 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
47
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: Carol A. Nappi TRS Linger Trust Resid.", prepared by
Ramos Architects & Associates stamped received May 5, 2023, consisting of three
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
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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 - 435,801 square feet.
Note: The increase of 789 square feet shall only affect combined
dwelling unit 2401-2402, increasing the overall FAR of the unit from
8,476 square feet to 9,265 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.
Page 5 of 9
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June 15, 2023
PZ2023-09
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, 22-Z-191 and 23-Z- ) have gained approval for
balcony enclosures, through the City's TDRs program, increasing the overall floor
area of the project to 435,012 square feet.
Under this site plan modification, the Applicant is seeking to purchase and assign
TDR's in the amount of 789 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 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 Ninety -Eight Thousand Six Hundred Twenty -Five
Dollars ($98,625.00). 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 789 square feet of floor area for combined Unit 2401-2402, which increases
the floor area of the unit from 8,476 square feet to 9,265 square feet. The Applicant has
not requested any variances as part of this application.
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.
Page 6 of 9
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June 15, 2023
PZ2023-09
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: Carol A. Nappi TRS Linger
Trust Resid.", prepared by Ramos Architects & Associates stamped received May 5,
2023, consisting of three 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 789 square feet of floor area 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 $98,625.00 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
and Bonuses.
Conditions to be completed before any Certificate of Occupancy is issued.
Page 7 of 9
51
June 15, 2023
PZ2023-09
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.
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.
Page 8 of 9
52
June 15, 2023
PZ2023-09
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
53
_is,F PUBLIC HEARING APPLICATIO
Heari
- Date
=1 ` Folio
• FLOP
a
RECEIVED
MAY 1 5 2023
# —D
ceived
2 NING DEPT.
City of Sunny Isles Beach, FL
1. Proposed Project Name: 1Z749 COLLINS AVE. #2401 - BALCONY ENCLOSURE
2. Name of Applicant CAROL A NAPPI TRS LINGER TRUST
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. #2401
City SUNNY ISLES BEACH State FL Zip 33160
Tel. # (during working hours) 315-345-8900 e-mail
4. Name of Property Owner CAROL A NAPPI TRS LINGER TRUST
Mailing Address 17749 COLLINS AVE. #2401
City SUNNY ISLES BEACH State FL Zip 33160
Tel. # (during working hours) 315-345-8900 e-mail
Contact Person Carmin Tillit
Mailing Address 202 Sunny Isles Blvd#.6
City. Sunny Isles Beach State FL Zip33160
Tel. # (during working hours) 754423-6283 e-mail carmin@eastofcollins.com
6. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION
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 2401 - UNDIV 1.162791% - INT IN COMMON ELEMENTS
OFF REC 29719-2548
7. Address or location of subject property:
17749 COLLINS AVE. #2401. SUNNY ISLES BEACH, FI -33160
8, Size of property: 8476 ft. x ft. acres
City of Sunny Isles Beach
Public Hearing Application Package
Page 3 of 30
54
9. Date subject property acquired Vor leased ❑ 16 day of May
2022 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 Oor lease ❑ the subject property or property contiguous
thereto?
❑ Yes or &(No
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 Use.-. Resort District
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
❑ Transfer Development Rights
❑ Vested Rights
❑ Appeals
• Other: TDR - BALCONY ENCLOSURE & Maior Site Plan Modification
14. Has a public hearing been held on this property within the last year and a half? ❑ yes o 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
55
15. Is this hearing being requested as a result of violation notice? ❑ yes sa no
If yes, give name to which violation notice was served
Nature of
16. Are there any existing structures on the property? ❑ yes H 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?
I isP Commercial Residential
Established commercial Residential
City of Sunny Isles Beach Public Hearing Application Package Page 5 of 30
56
OWNERSHIP AFFIDAVIT
FOR TRUST
STATE OF FLORIDA Public Hearing No
COUNTY OF MIAMI DADE
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 trustee of the Carol A Nappi TRS LINGER TRUST
trust, at the following address: 17749 COLLINS AVE. #2401
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
17749 COLLINS AVE. #2401 - UNDIV 1.162791% - INT - IN COMMON ELEMENTS OFF REQ 29719-2548
5. Aunt 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
Chole Pinkston
Print Name
nature
Tlki Guevara
Print Name
t�\'
:Trustee
Affiant's ignature
Print Name
Sworn to and subscribed before me on the 5 day of May , 20 23 ,
Affiant is personally known to me or has produced as
Identification.
Commission Expires: A I/- "W r
City of Sunny Isles Beach
Public Hearing Application Package
MY COMMISSION # HH 172105
EXPIRES: September 1, 2025
Bonded Tm Notary Public Underwriters
Page 13 of 23
57
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}.
Carol A Nappi TRS�Ling� %rrsf
Trust Name
Name and Address
Percentage of Interest
N
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) having the ultimate ownership interest in the aforementioned entity).
NAME
City of Sunny Isles Beach
Public Hearing Application Package
Page 15 of 23
58
NAME. ADDRESS AND OFFICE if applicable) Percentaize 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 intereIthhelication to the best of my knowledge
and belief.Signature
(Applicant)T—
Sworn to and subscribed before me,
This 5 day
Notary Public',-Stf Florida at Large
20 23
U * MY COMMISSION # HH 172105
EXPIRES: September 1, 2025
My Commission Expires: 09/01/2025
Bonded ThtuNotaryPubllcUndenvdters
* 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
59
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 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, 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 will 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 I will be advised of any other fees that ca be a ociated with the public hearing
application. V/\
Print Name �—
Notary: Sworn to and subscribed before me this 5 day of May , 2023
Notary
.. MASTAStAKHODZHABYAN
MY COMMISSION # HH 172105
EXPIRES: September 1, 2026 M commission ex fres 09/01/2025
Bonded Thru Notary public Underwriters y p
City of Sunny Isles Beach Public Hearing Application Package 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 300 feet 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 500 feet of a public school or within 500 feet
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) 757-6884
Consuelo M. Quintana
Real Estate Data Researcher
(305) 858-2287
Diana Rio
Rio Development Resources
(305) 498-1614
diana@rdrmiami.com
Hal Lieberman
Logear Mailing
(305)895-2492
*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
61
May 8, 2023
Via Email
Carol A Nappi TRS Linger Trust
17749 Collins Ave Unit 2401-02
Sunny Isles Beach, FL 33160
Re: Balcony Enclosure Notice — TDR Purchase
Address: 17749 Collins Avenue, 2401-02 Sunny Isles Beach, FL 33160
Owner: Carol A Nappi TRS Linger Trust
To City of Sunny Isles,
This letter confirms that 17749 Collins Condominium Association, Inc. (the "Association") is
aware that Carol A Napipi TRS Linger Trust is intending to enclose the balcony of 789 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 plans and contractor.
Should you have any questions concerning the foregoing, please do not hesitate to contact the
Residence Manager Claudia Gais at 305-900-6666 or claudiagQmansionsatacqualina.corn.
Sincerely,
ge,
,
Signature
(� C Ca -- ��lcf�noe a
I Name and Title
w CHOLE T. PINKSTON
MY COMMISSION#HH 33499 17749 Collins Condominium I Association Inc. EXPIRES: Deoember 6, 2026 '
Form08,07.15
17749 Collins Avenue • Sunny Isles Beach, FL 33160
62
Letter of Intent
May 5, 2023
City of Sunny Isles Beach
Planning and Zoning Department
18070 Collins Ave.
Sunny Isles Beach, FL 33160
w""ECEIVED
MAY 5 2023
PLANNING & ZONING DEPT.
City of Sunny isles Beach, FL
Re: Property located at: 17749 Collins Ave. #2401, Sunny Isles Beach/ Application for Enclosure of the
terrace for Unit 2401 within the Mansions at Acqualina Development/ Transfer of Development Rights
(TDRs)
To whom it may concern:
I, CAROL A. NAPPI TRS the applicant, am the owner of the property located at 17749 Collins Ave. #2401,
Sunny Isles Beach. I am requesting a site plan modification adopting the plans for Unit 2401 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 789 square feet. I.n addition, l also request approval
of the purchase and assign of 789 square feet of FAR from the available TDRs Bank account. Existing FAR
square footage of the Unit is 8476 SF (435,012 SF total Tower) and the new proposed square footage is 9265
SF (435,801SF 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,
Print name:
State of Florida
County of mia4,y
Sworn to and subscribed before me on this day of zLN , 20,,;-3 by
A7t'UW' �a,t,�•'
ANASTASIA KHODZHASYAN
MY COMMISSION # HH 172105
EXPIRES: September 1, 2025
Bonded Thru Nolary Public UndeWlera
Notary
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CITY OF SUNNY ISLES BEACH
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, JUNE 15, 2023 AT 6:30 P.M., to consider the following Zoning application:
Public Hearing #: PZ2023-09
Application: The Mansions at Acqualina Balcony Enclosure for combined Unit 2401-2402
Applicant: Carol A Nappi TRS
Location: 17749 Collins Avenue Unit #2401 and #2402, Sunny Isles Beach, FL 33160
Size of Property: 2.275 acres (99,098 sq. ft.)
Size of Unit: 8,476 sq. ft.
Zoning District: MU -R (Mixed Use -Resort District)
Summary: The Applicant has submitted an application 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 combined unit 2401-2402 by 789 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 435,012 square feet of FAR to 435,801 square feet of FAR. Further, the Applicant is
requesting approval for the purchase and assignment of TDRs in the amount of 789 square feet of FAR and 0 dwelling units
from the City's public TDR bank account.
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 435,012 square feet of FAR to 435,801 square feet of FAR. The increase of 789 square feet will
only affect combined dwelling unit 2401-2402, increasing the overall FAR of combined unit 2401-2402 from
8,476 square feet to 9,265 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 789 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 "Terrace Conversion for:
Carol A. Nappi TRS Linger Trust Resid.", prepared by Ramos Architects & Associates stamped received May 5, 2023,
consisting of three 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: 17749 COLLINS AVENUE CONDO UNIT 2401 UNDIV 1.162791% INT IN COMMON ELEMENTS OFF REC
29719-2548,17749 COLLINS AVENUE CONDO UNIT 2402 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.
DY/
PLO
OF 50A
TO:
VIA:
FROM:
DATE:
RE:
RECOMMENDATION:
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 Balcony Enclosure for Property Located at 1774
Collins Avenue, Unit 2401-2402
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 2401-2402 by 789 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 435,012 square feet to 435,801
square feet of floor area. Further, the Applicant is requesting approval for the purchase and
assignment of TDRs in the amount of 789 square feet of floor area and 0 dwelling units from the City'!
public TDR bank account.
ATTACHMENTS:
Staff Report
Application Package
Letter of Intent
Item Number: 6.13
43
Proposed Plans
Public Hearing Notice
Item Number: 6.13
44