HomeMy WebLinkAboutZoning Resolution 25-Z-213RESOLUTION NO. 25-Z-2-13
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2025-03)
SUBMITTED BY A3 DEVELOPMENT, LLC AND A3 ATLANTIC BOULEVARD, LLC FOR
THE PROJECT ENTITLED "ESTATES AT ACQUALINA OFF-SITE PARKING GARAGE"
TO ELIMINATE THE CONDITION OF APPROVAL TO UNDERGROUND ALL UTILITY
LINES ADJACENT TO THE PROJECT; 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, A3 Development, LLC and A3 Atlantic Boulevard, LLC (the "Applicants") are
seeking approval of a Site Plan Modification (PZ2025-03) to modify the approved site plan for the
project "Estates at Acqualina Off -Site Parking Garage," which was approved by the City of Sunny
Isles Beach ("City") pursuant to Resolution No. 20-Z-176, passed and adopted January 16, 2020,
and later modified through Resolution No. 21-Z-183, passed and adopted October 21, 2021; and
WHEREAS, the Applicants' Site Plan Modification Application requests the following:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,
the Applicants are requesting a Site Plan Modification to eliminate the condition of approval
referenced in Section 4.11.(5) of City Commission Resolution 21-Z-183 to underground all
utility lines adjacent to the project.
LEGAL: A PORTION OF TRACT "A" OF "THE PEOPLES PROPERTY" ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 106, PAGE 37, IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 125.00 FEET OF
SAID TRACT "A" BEING MORE FULLY DESCRIBES AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID TRACT "A"; THENCE ON A BEARING
OF EAST ALONG THE NORTH LINE OF SAID TRACT "A" FOR 200.00 FEET TO THE
NORTHEAST CORNER THEREOF; THENCE CONTINUE ON A BEARING OF SOUTH
06006'20" WEST ALONG THE EASTERLY LINE OF SAID TRACT "A" FOR 60.00 FEET;
THENCE ON A BEARING OF EAST ALONG THE NORTHERLY LINE OF SAID TRACT "A"
FOR 50.00 FEET TO THE EAST LINE OF SAID TRACT "A"; THEN SOUTH 06°06'20"
WEST ALONG THE EAST LINE OF SAID TRACT "A" FOR 74.29 FEET; THENCE ON A
BEARING OF WEST ALONG A LINE PARALLEL WITH AND 125.00 FEET NORTH OF AS
MEASURED AT 90°00'00" FROM THE SOUTH LINE OF SAID TRACT "A" FOR 250.00
FEET TO A POINT ON THE WEST LINE OF SAID TRACT "A"; THENCE NORTH
0606'20" EAST ALONG SAID WEST LINE OF SAID TRACT "A" FOR 134.28 FEET TO
THE POINT OF BEGINNING.
7
ADDRESS: 17941 Atlantic Boulevard, Sunny Isles Beach
FOLIO: 31-2211-027-0020
WHEREAS, on February 20, 2025, 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 Applicants 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 Applicants'
request for a site plan modification of the approved site plan under Resolution No. 20-Z-176 and
later modified through Resolution No. 21-Z-183
To eliminate the condition of approval referenced in Section 4.11.(5) of City Commission
Resolution 21-Z-183 to underground all utility lines adjacent to the project
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 Applicants' request for a site plan modification of the
approved site plan approved under Resolution No. No. 20-Z-176, and as modified by Resolution
No. 21-Z-183, to eliminate the condition of approval referenced in Section 4.11.(5) of City
2
8
Commission Resolution 21-Z-183 to underground all utility lines adjacent to the project, is hereby
APPROVED, subject to all conditions set forth in Section 4 below.
Section 4. Conditions.
1. All conditions set forth in City Resolution No. 21-Z-183 approved and adopted on July 31,
2014 shall remain in effect, unless modified by this Resolution.
2. That the Applicants shall pay all fees related to the review of the application described herein
and shall have paid all other fees due to the City.
FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT
CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANTS, THEIR SUCCESSORS, OR,
ASSIGNS, DO NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN
NOTICE, THE CITY RETAINS THE RIGHT TO REVOKE ITS APPROVAL, IF NECESSARY, UNTIL THAT
CONDITION IS MET. BY ACTING UNDER THIS APPROVAL, APPLICANTS HEREBY CONSENT 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 day of February, 2025.
MauricA Betancurl CMC, City Clerk
CITY OF S WNY ISLES BEAC , FLORIDA
By its Ci Commissio
JIM
Larisa Svechin, Mayor
3
9
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
h---aA
rain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
1,4
Moved by: c /SS/Df/Z D�� Seconded by: rleee
Vote:
Mayor Svechin /I(Y e s)
Vice Mayor Lama (Yes)
Commissioner Joseph (Yes)
Commissioner Stuyvesant (Yes)
Commissioner Viscarra (Yes)
4
(No)
(No)
�(No)
(No)
(No)
10
FLU"
C,rY OF SUN PCO
1.
PUBLIC HEARING APPLICATION
Hearing #
Date Received_
Folio Number
Proposed Project Name: The Estates at Acqualina Off -Site Parking Garage
2. Name of Applicant A3 Development, LLC and co -applicant A3 Atlantic Boulevard, LLC
CITY 0,
\SLESe
7
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RECEIVED
PZ2025-03
12/16/2024
PLANNING & ZONING DEPT.
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.
Applicant Mailing Address 17780 Collins Avenue, 2nd Floor
City Sunny Isles Beach State Florida Zip 33160
Tel. # (during working hours) (305) 933-8301 e-mail dckc@trumpgroup.com
4. Name of Property Owner A3 Atlantic Boulevard, LLC
Mailing Address 17780 Collins Avenue, 2nd Floor
City Sunny Isles Beach State Florida Zip 33160
Tel. # (during working hours) (305) 933-8301 e-mail rickc@trumpgroup.com
5. Contact Person Jerry Campos
Mailing Address 17895 Collins Avenue
City, sunny Isles Beach State Florida Zip 33160
Tel. # (during working hours) 305-933-8301 e-mail jerryc@trumpgroup.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.
See Attached.
7. Address or location of subject property: Folio: 31-2211-027-0020
8. Size of property: See Survey & Plans ft. x ft. acres
City of Sunny Isles Beach Public Hearing Application Package Page 4 of 23
11
9. Date subject property acquired Dor leased 1st day of
September, 2017 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".
No
11. Is there an option to purchase []or lease[]the subject property or property contiguous
thereto?
rlYes or No
If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of
Interest form also).
12. Present zoning classification (s): B-1 i BD
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
o Other: Site Plan Amendment
14. Has a public hearing been held on this property within the last year and a half'? ❑ yes m no
If yes, applicants name
Date of hearm
Nature of
Decision of
Resolution #
City of Sunny Isles Beach Public Hearing Application Package Page 5 of 23 12
15. Is this hearing being requested as a result of violation notice?[] yes nno
If yes, give name to which violation notice was served
Nature of violation
16. Are there any existing structures on the property? n yes n no
If yes, briefly describe 10 -story Parking Garage
17. Is there any existing use on the property? yes 0 no
If yes, what is the use and when was it established?
Use Parking Garage serving Estates at Acqualina project
Established J-uary ss, 2024
City of Sunny Isles Beach Public Hearing Application Package Page 6 of 23 13
STATE OF Florida
COUNTY OF -Miami -Dade
OWNERSHIP AFFIDAVIT
FOR LIMITED LIABILITY COMPANY
Public Hearing No.
,IT, OF
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RECEIVED
PZ2025-03
12/16/2024
PLANNING & ZONING DEPT.
Before me, the undersigned authority, personally appeared Oren Shmueli I
hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says:
1. Affiant is the fflffliagff, 6F fflaRagiRg momber.f th SVP and CFO of
A3 Atlantic Boulevard, LLC, a Delaware Limited Liability Company with the following
address:
17780 Collins Avenue, Second Floor, Sunny Isles Beach, FL 33160
2. The Limited Liability Company owns r lease (circle one) the property, which is the
subject of the proposed hearing.
3. The subject property is legally described as:
See Attached.
4. Affiant is legally authorized to file this application for public hearing:
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:
S gnatur Affiant'p-§rgnature
�V_•1 41 ANn-Q-) Oicv\ ``1Imine_I`,
PSint Name Print Name
Signature
C
us Ii -c tt-er�
Print Name
Sworn to and subscribed before me on the 13 day of D.C,Q VV11ae , 20 24 ,
Affiant is personally known to me or has produced as
Identification. A n
�N tary (Stamp/Soal) '
Commission Expires: 01 -7r,��ttttllllfff���/
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Page 10 of 23
14
DISCLOSURE OF INTEREST
If the erty which is the subject of the application is owned or leased by a CORPORATION,
list the prin ' al stockholders and principal officers or stockholders consist of another corporation
(s), trustee (s), p, rership (s) or other similar entities, further disclosures shall be required which
disclosures the identit f the individual (s) (natural persons having the ultimate ownership interest
in the aforementioned entit
Corporation Name
Name, Address and Office
Percentage of Stock
If the property which is the subject of the application is owned or leased by a LIMITED
LIABILITY COMPANY list the members or stockholders consist of another corporation (s),
trustee (s), partnership (s) or other similar entities, further disclosures shall be required which
disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest
in the aforementioned entity).
A3 Atlantic Boulevard, LLC
LLC Name
Name. Address and Office
A3 AB Holdings, LLC, Managing Member
The Trump Family 2022 Dynasty Trust
TA Holdings II, LLC
TA Holdings III, LLC
80%
9.8%
9.8%
0.4%
Percentage of Stock
Glll Op
�\SLIES6
RECEIVED
PZ2025-03
12/16/2024
PLANNING & ZONING DEPT.
City of Sunny Isles Beach Public Hearing Application Package Page 14 of 23 15
f applicable)
Date of
Percentage of Interest
If any contingency clause or contract terns invo 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 date of the
application, but prior to the date of final public hearing, a supplemental disclosure of in est 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)A3 Atlantic Boulevard, LLC by Oren Shmueli
Sworn to and subscribed before me,
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This �J da of NCCw► o r 20 24 ��� �1" GOOQ
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* 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
16
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 X the
hearing and that I will be advised of any other fees that can be as�s l_a,te—d�' ith the public aring
w
application. Com/" /f
Signature
A3 Atlantic Boulevard, LLC by Oren Shmueli
Print Name
Notary: Sworn to and subscribed before me this 113 day of cu,,,6e-r , 2.0 24
Nota blic-State of lorida
CITY of
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RECEIVED
PZ2025-03
12/16/2024
PLANNING & ZONING DEPT.
City of Sunny Isles Beach
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Public Hearing Application Package
Page 17 of 23
17
EXHIBIT A
(NOT subject property - FOR REFERENCE ONLY)
Parcel 1 Address: 17901 Collins Avenue, Sunny Isles Beach, FL 33160
FOLIO: 31-2201-017-0001 (Reference)
Legal Description:
CITY 0,
\SLES�
07
RECEIVED
PZ2025-03
12/16/2024
PLANNING & ZONING DEPT.
That portion of the property originally declared to be GOLDEN STRAND
OCEAN VILLA RESORT, A CONDOMINIUM, according to the
Declaration of Condominium thereof, recorded on March 28, 1982, in
Oficial Records Book 11392, at Page 336, as amended by Amendment to
Declaration of Condominium of Golden Strand Ocean Villa Resort, a
Condominium, recorded May 17, 1982, in Oficial Records Book 11441,
Page 1296, as amended and restated by that Amended and Restated
Declaration of Golden Strand Ocean Villa Resort, a Condominium, attached
to that Amendment to Declaration recorded on January 25, 1984, in Official
Records Book 12035, page 2760, as further amended by that Second
Amendment to Declaration, recorded July 26, 1985, in Official Records
Book 12587, page 71, by that Third Amendment to Declaration of
Condominium of Golden Strand Ocean Villa Resort, a Condominium,
recorded on December 2, 1988, in Official Records Book 13911, page 1241,
by that Fourth Amendment to the Amended and Restated Declaration of
Golden Strand Ocean Villa Resort, a Condominium, recorded an January
17, 1989, in Official Records Book 13961, page 1828, by that Fifth
Amendment to the Amended and Restated Declaration of Golden Strand
Ocean Villa Resort, a Condominium, recorded on August 27, 2004, in
Official Records Book 22612, page 4950, and by that Certificate of
Amendment to the Amended and Restated Declaration of Golden Strand
Ocean Villa Resort Association, Inc., recorded on October 30, 2006, in
Oficial Records Book 25054, page 2195, and by that Seventh Amendment
to Declaration of Condominium recorded on May 7, 2014 in Official
Records Book 29141, at page 2986, all in the Public Records of Miami -
Dade County, Florida, described as: Tract "Q" of AMENDED PLAT OF
NORTH BISCAYNE BEACH, according to the plat thereof, recorded in
Plat Book 44, Page 42, of the Public Records of Miami -Dade County
Florida. Surveyor's Note: GOLDEN STRAND OCEAN VILLA RESORT,
A CONDOMINIUM, previously included the following real property which
was removed and withdrawn from the Condominium by.that Certificate of
Amendment to the Amended and Restated Declaration of Golden Strand
Ocean Villa Resort Association, Inc., recorded on October 30, 2006, in
Official Records Book 25054, page 2195 recorded in the Public Records of
Miami -Dade County, Florida:
50380190;1 18
0
SUBJECT PROPERTY
Parcel 2 Address: 178`h Street and Atlantic Boulevard (off-street parking lot), Sunny
Isles Beach, FL 33160
Folio: 81-2211-027-0020 (West parcel — Off street parking)
Legal Description (West Parcel - off street parking lot):
A portion of Tract "A" of THE PEOPLES PROPERTY according to the plat
thereof, as recorded in Plat Book 106, Page 37 of the Public Records of
Miami -Dade County, Florida, less and except the South 125.00 feet of said
Tract "A" being more fully described as follows: Begin at the Northwest
corner of said Tract "A'; thence on a bearing of East along the North line of
said Tract "A" for 200.00 feet to the Northeast corner thereof; thence
continue on a bearing of South 06°06'20" West along the Easterly line of
said Tract "A" for 60.00 feet; thence on a bearing of East along the Northerly
tine of said Tract "A" for 50.00 feet to the East line of said Tract "A"; thence
South 06°06'20" West along the East line of said Tract "A" for 74.29 feet;
thence on a bearing of West along a line parallel with and 125.00 feet North
of as measured at 90°00'00" from the South line of said Tract "A" for 250.00
feet to a point on the West line of said Tract "A"; thence North 06°06'20" East
along said West line of said Tract "A" for 134.28 feet to the Point of Beginning
Subiect to the Easement described in that certain Warranty Deed recorded in
Official Records Book 12000, Page 92 of the Public Records of Miami -Dade
County, Florida.
50.380190:1
19
IF
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CITY OF SUNNY ISLES BEACH
STAFF REPORT
The Estates at Acqualina Off -Site Parking Garage
SITE PLAN MODIFICATION
February 20, 2025
PZ2025-03
1. APPLICATION SUMMARY
Application Number: PZ2025-03
Application Summary: The Applicant is requesting a Site Plan Modification to cancel
the condition of approval referenced in Section 4.11.(5) of City
Commission Resolution 21-Z-183 that requires
undergrounding of all utility lines adjacent to the project.
Applicant/Owner: A3 Development, LLC and A3 Atlantic Boulevard, LLC
17780 Collins Ave 2nd Floor
Sunny Isles Beach, FL 33160
ATTN: Jerry Campos
Page 1 of 7
20
February 20, 2025
PZ2025-03
II. SITE INFORMATION
Location: 17941 Atlantic Boulevard
Property Size: 0.69 Acres (30,399 sq. ft.)
Folio: 31-2211-027-0020
Legal Descriptions: A portion of TRACT "A" of "THE PEOPLES PROPERTY"
according to the plat thereof, as recorded in Plat Book 106,
Page 37, in the Public Records of Miami -Dade County,
Florida, less and except the South 125.00 feet of said Tract
"A" being more fully describes as follows:
Begin at the Northwest corner of said Tract "A"; thence on a
bearing of East along the North line of said Tract "A" for 200.00
feet to the Northeast corner thereof; thence continue on a
bearing of South 06°06'20" West along the Easterly line of
said Tract "A" for 60.00 feet; thence on a bearing of East along
the Northerly line of said Tract "A" for 50.00 feet to the East
line of said Tract "A"; then South 06°06'20" West along the
East line of said Tract "A" for 74.29 feet; thence on a bearing
of West along a line parallel with and 125.00 feet North of as
measured at 90°00'00" from the South Line of said Tract "A"
for 250.00 feet to a point on the West line of said Tract "A";
thence North 06006'20" East along said West line of said Tract
"A" for 134.28 feet to the Point of Beginning.
Future Land Use: Mixed Use — Business
Mixed Use — Business is intended to provide services primarily
for surrounding residential areas, neighboring communities
and visitor populations within the City in an environment
oriented to the pedestrian and adjacent public street
frontages. The Town Center is encouraged to become the hub
for future urban development intensification around which a
more compact and efficient urban structure will evolve.
Zoning District(s): Neighborhood Business District
The Neighborhood Business District (B-1) is established to
provide locations for convenience shopping facilities in which
those retail commercial uses shall predominate that have a
neighborhood -oriented market and which supply necessities
that usually require frequent purchasing and with a minimum
of consumer travel.
Page 2 of 7
21
February 20, 2025
PZ2025-03
Business Overlay District
The purpose of the Business Overlay District (BO) is to
provide an environment oriented to pedestrian and street
frontages. The BO is designed to supplement and
complement the existing Neighborhood Business District.
History: Pursuant to Resolution No. 20-Z-176, passed and adopted
January 16, 2020, a site plan was approved for an eight -story
parking garage with 473 parking spaces and a floor area ratio
of zero square feet. Of the 473 parking spaces, 199 spaces
are to meet the minimum parking requirements for the project
Estates at Acqualina (under construction), 28 spaces are for
the Estates at Acqualina Sales Center, 100 spaces were
allocated for the employees of all three Acqualina properties,
and the remaining 146 parking spaces were surplus. The
approved site plan also consisted of an approved access
easement in order to create a six-foot wide pedestrian safe
walkway connecting Atlantic Boulevard and Collins Avenue.
To create the walkway, the applicant is proposing to realign
certain parking spaces and curbing at Government Center
parking lot.
Pursuant to Resolution No. 21-Z-183, passed and adopted
October 21, 2021, a modification was approved for a decrease
in the parking count from 473 parking spaces to 432 parking
spaces, an increase in overall height from 105 feet -1/2 inches
(8 stories) to 106 feet -3 9/16 inches (10 stories), and a rear
setback decrease from 15 feet to 5 feet.
Construction is complete, and the first Temporary Certificate
of Occupancy (TCO) for the property was obtained on January
19, 2024 and has since been extended. The Applicant has
satisfied all other required development activities and
conditions set forth in Resolutions 20-Z-176 and 21-Z-183.
The property is ready for a Certificate of Occupancy (CO), but
one condition of approval specified in Section 4.11.(5) remains
pending.
Page 3 of 7
22
February 20, 2025
PZ2025-03
Adjacent Properties:
III. REQUEST
Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a Site Plan Modification to eliminate the
condition of approval referenced in Section 4.11.(5) of City Commission Resolution 21-
Z-183 to underground all utility lines adjacent to the project.
IV. ZONING REVIEW
The Applicant is requesting a Site Plan Modification to cancel the condition of approval
referenced in Section 4.11.(5) of City Commission Resolution 21-Z-183 to underground all
utility lines adjacent to the project, which states:
(5) That the Applicant underground all utility lines adjacent to the proposed project, and
at the time of undergrounding the utility lines for the project. The Applicant shall
coordinate with the City's undergrounding project for any scheduling and any
conflicts.
As depicted on the survey in the application package, there are overhead utility lines
adjacent to the east and west of the project. To the east, there are power lines between
the parking garage and the gas station. To the west, there are overhead power lines along
Atlantic Blvd. The lines along Atlantic Blvd. can be seen in this photo:
Page 4 of 7
23
Existing Land Use
Zoning
Future Land Use Map
North
City Parking Lot and City
Hall with Parking Garage
Community
Facilities
Community Facilities
East
Gas Station
B-1/BD
MU -B
South
Office Building/Bank of
America
B-1/BD
MU -B
West
Atlantic Blvd/180th Drive
RMF -2
MHDR
III. REQUEST
Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a Site Plan Modification to eliminate the
condition of approval referenced in Section 4.11.(5) of City Commission Resolution 21-
Z-183 to underground all utility lines adjacent to the project.
IV. ZONING REVIEW
The Applicant is requesting a Site Plan Modification to cancel the condition of approval
referenced in Section 4.11.(5) of City Commission Resolution 21-Z-183 to underground all
utility lines adjacent to the project, which states:
(5) That the Applicant underground all utility lines adjacent to the proposed project, and
at the time of undergrounding the utility lines for the project. The Applicant shall
coordinate with the City's undergrounding project for any scheduling and any
conflicts.
As depicted on the survey in the application package, there are overhead utility lines
adjacent to the east and west of the project. To the east, there are power lines between
the parking garage and the gas station. To the west, there are overhead power lines along
Atlantic Blvd. The lines along Atlantic Blvd. can be seen in this photo:
Page 4 of 7
23
February 20, 2025
PZ2025-03
V. FINAL ANALYSIS
The site plan modification to allow the overhead utility lines to the east and west of the
project site is consistent with the City's Land Development Regulations. The City is
working with Florida Power & Light (FP&L) to complete the undergrounding of all utility
lines on Atlantic Blvd. However, neither the City nor FP&L can state the exact timing of
when this will occur, as the undergrounding in front of Estates at Acqualina Off -Site
Parking Garage is dependent on undergrounding work throughout this corridor. The City
and FP&L can state that the project is actively being worked on. The Applicant has
advocated for the completion of this project to best of their ability.
Staff has compiled the relevant facts of the requested site plan modification 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:
1. All conditions set forth in City Resolution No. 21-Z-183 approved and adopted on July
31, 2014 shall remain in effect, unless modified by this application.
2. 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.
Page 5 of 7
24
VIII. MAP REFERENCES
Zoning Map
February 20, 2025
PZ2025-03
Page 6 of 7
25
February 20, 2025
PZ2025-03
Future Land Use Map
(END)
Page 7 of 7
26
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RECEIVED
PZ2025-03
12/16/2024
PLANNING & ZONING DEPT
Ms. Amy Canales
Planning & Zoning Administrator
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
A3 DEVELOPMENT, LLC
17895 Collins Avenue
Sunny Isles Beach, Florida 33160
December 13, 2024
Re: Letter of Intent for Modification of the Offsite Parking Garage Site Plan Approval —
Removal of Condition No. 5, Subsection II. of Resolution No. 21-Z-183 (the "Condition")/
Offsite Parking Garage to the Estates at Acqualina, located at 17941 Collins Avenue, Sunny Isles
Beach, Florida 33160, Folio No. 31-2211-027-0020 (the "Property").
Dear Ms. Canales:
A3 Development, LLC, a Delaware limited liability company, the Developer of the Property,
along with co -applicant A3 Atlantic Boulevard, LLC, Delaware limited liability company (together with
A3 Development, "A3"), respectfully submit this Letter of Intent in connection with the enclosed Public
Hearing Application ("Application") for the Modification pursuant to Section 265-18-1(1) of the City of
Sunny Isles Beach ("City") Land Development Regulations. A3 seeks a modification to Site Plan
Application No. PZ2021-15 and Resolution No. 21-Z-183 ("Res. 21-Z-183"), which modified the first
approved site plan under Resolution No. 20-Z-176 ("Res. 20-Z-176", together with Res. 21-Z-183, the
"Development Resolutions"). The Property is an enclosed 10 -story parking garage that provides the
required parking and excess parking needs for The Estates at Acqualina, mixed-use condominium
project which is located across the street at 17901 Collins Avenue, Sunny Isles Beach, Florida 33160.
The Application is being submitted solely to request removal and cancellation of the Condition to
underground utility lines.
A3 obtained a temporary certificate of occupancy ("TCO") for the Property on January 19,
2024, and since then has applied for and obtained four (4) TCO extensions. The latest TCO extension
was issued on November 7, 2024, and is set to expire on February 16, 2025. The TCO extensions were
required primarily due to the inability to satisfy the Condition, which as explained below, is outside of
A3's control. A3 has completed all other required development activities and conditions set forth in
the Development Resolutions, with the sole remaining item being the satisfaction of the Condition.
Specifically, the Condition requires that Florida Power & Light ("FPL") complete the
undergrounding and energizing of existing overhead power lines adjacent to the Property along
Atlantic Boulevard before these lines can be abandoned and removed. A3 has underground existing
power and utility lines existing on the Property, but the remaining overhead lines fall outside the
Property lines. A copy of the Property's underground utilities' As -Built plans and photographs
reflecting the condition and location of the existing overhead lines adjacent to the Property are also
enclosed. In coordination with the City, who engaged FPL to perform the undergrounding of utility
lines for multiple properties and locations throughout the City (including A3's Property), A3 has made
every effort with FPL to coordinate and assist with this work, yet FPL's untimely performance has left
A3 unable to satisfy the Condition and, consequently, unable to obtain a Certificate of Occupancy
("CO") for the Property.
Prior to assisting the City's efforts, A3 performed the necessary actions to facilitate compliance
with the Condition, such as installing various conduits, including two spare sets for future use, running
from the Property neighbor's property, Bank of America (located on 178th Street and Atlantic
Boulevard), to the south side of Atlantic Boulevard. Over the past four months, A3 has maintained
consistent communication and follow up with FPL, persistently seeking updates on the status of the
work and emphasizing the urgency of the situation. Despite these efforts, FPL has failed to commit to
a completion timeline citing delays related to customer scheduling and other operational challenges.
With no definitive completion date or resolution in sight, this issue has left A3 unable to finalize a close
out of the Project.
27
In light of the circumstances, A3 respectfully requests the City remove the Condition. While A3
remains committed to supporting the City's undergrounding project, it is evident that the Condition
requires performance by a third party that has been unable to fulfill its obligations within a reasonable
time. Removing this Condition will allow the Project to achieve final completion, and obtain the
necessary CO without further undue delay. A3 appreciates the City's consideration of this request and
remains committed to working with the City and FPL to ensure the undergrounding project reaches
completion. We look forward to the City's favorable review. Should you require additional information
related to this request, please feel free to contact the undersigned.
Sincerely,
lslJorvyJ. Ca po-k
Jerry J. Campos, Esq.
On behalf of A3 Development, LLC
Encs.: As referenced above.
28
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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. FEBRUARY 20, 2025 AT 6:30 P.M., to consider the following Zoning
application:
Public Hearing #: PZ2025-03
Application: The Estates at Acqualina Off -Site Parking Garage
Applicants: A3 Development, LLC and A3 Atlantic Boulevard, LLC
Property Location: 17941 Atlantic Boulevard, Sunny Isles Beach, FL 33160
Size of Property: 0.70 acres (30,399 sq. ft.)
Zoning District: B-1 (Neighborhood Business District) and Business Overlay District
Summary: The Estates at Acqualina Off -Site Parking Garage development project was approved by the City Commission in
2020 and modified in 2021 with a condition of approval requiring the project to place the existing overhead utility lines
underground. Construction of the project is complete, but the overhead utility lines remain. The request of this application is
to allow the overhead utility lines to remain on Atlantic Boulevard.
Request: Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is
requesting a Site Plan Modification to cancel the condition of approval referenced in Section 4.II.(5) of City Commission
Resolution 21-Z-183 to underground all utility lines adjacent to the project.
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Final As -Built Survey",
prepared by Fortin, Leavy, Skiles, Inc., stamped received December 16, 2024, consisting of one (1) sheet. Plans are subject to
revision based on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification.
Legal Description: A portion of TRACT "A" of "THE PEOPLES PROPERTY" according to the plat thereof, as recorded in
Plat Book 106, Page 37, in the Public Records of Miami -Dade County, Florida, less and except the South 125.00 feet of said
Tract "A" being more fully describes as follows:
Begin at the Northwest corner of said Tract "A"; thence on a bearing of East along the North line of said Tract "A" for
200.00 feet to the Northeast corner thereof, thence continue on a bearing of South 06°06'20" West along the Easterly line of
said Tract "A" for 60.00 feet; thence on a bearing of East along the Northerly line of said Tract "A" for 50.00 feet to the East
line of said Tract "A"; then South 06°06'20" West along the East line of said Tract "A" for 74.29 feet; thence on a bearing of
West along a line parallel with and 125.00 feet North of as measured at 90°00'00" from the South Line of said Tract "A" for
250.00 feet to a point on the West line of said Tract "A"; thence North 06°06'20" East along said West line of said Tract "A"
for 134.28 feet to the Point of Beginning.
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 entered 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.
31
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Amy Canales, Planning and Zoning Director
DATE: February 20, 2025
RE: Estates Off -Site Garage Site Plan Modification (PZ2025-03)
RECOMMENDATION:
Staff has compiled the relevant facts, presented in the staff report, and recommends the application be
presented to City Commission for consideration.
1 WIT -1615.1
The Applicant is requesting a Site Plan Modification to eliminate the condition of approval referenced in
Section 4.11.(5) of City Commission Resolution 21-Z-183 that requires undergrounding of all utility lines
adjacent to the Estates Off -Site Garage project.
ATTACHMENTS:
Resolution
Public Hearing Application
Staff Report
Applicant Letter of Intent
Survey
Public Notice
Item Number: 5.A
C