HomeMy WebLinkAboutZoning Resolution 25-Z-214RESOLUTION NO. 25-Z- 7-4-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2025-06)
SUBMITTED BY V FEE FLORIDA REALTY LLC, FOR THE PROJECT ENTITLED
"MANSIONS AT ACQUALINA" TO INCREASE THE FLOOR AREA RATIO (FAR) OF
DWELLING UNIT 402 BY 313 SQUARE FEET OF FAR, THROUGH THE CITY'S
TRANSFER DEVELOPMENT RIGHTS (TDR) PROGRAM, BY ENCLOSING A SECTION
OF THE DWELLING UNIT BALCONY, WHICH WILL INCREASE THE APPROVED
OVERALL SQUARE FOOTAGE OF FAR FOR MANSIONS AT ACQUALINA PROJECT
FROM 435,386 SQUARE FEET OF FAR TO 435,699 SQUARE FEET OF FAR;
PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, V FEE FLORIDA REALTY LLC (the "Applicant") is seeking approval of a Site Plan
Modification (PZ2025-06) 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. 17-Z-164, Resolution No. 19-Z-170, Resolution No. 19-Z-171, Resolution No. 21-
Z-183, Resolution No. 22-Z-188, Resolution No. 22-Z-190, Resolution No. 22-Z-191, Resolution
No. 23-Z-195, and Resolution No. 23-Z-196) have obtained approval for balcony enclosures,
through the City's Transfer Development Rights ("TDR") program, increasing the overall FAR of
the project to 435,386 square feet of FAR; and
WHEREAS, the applicant is seeking to increase the FAR of dwelling Unit 402 by 313 square
feet of FAR, through the City's TDR program, by enclosing a section of the dwelling unit's balcony;
and
WHEREAS, pursuant to the instant site plan modification, the Applicant is seeking to
purchase TDR's in the amount of 313 square feet of FAR and zero (0) dwelling units; and
WHEREAS, via Resolution 2025-�, the City Commission approved the Applicant's
purchase of TDRs in the amount of 313 square feet of FAR and 0 dwelling units from the City's
public TDR bank, and further approved the assignment of solely the 313 square feet of FAR to
the property located at 17749 Collins Avenue, Unit 402, in furtherance of the requested site plan
modification; and
WHEREAS, the Applicant's site plan modification application requests the following:
PZ2025-06 - Site Plan Mod Reso AC EDITS
Page 1 of 6
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1. 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 435,386 square feet to 435,699 square feet. The increase of
313 square feet will only affect dwelling Unit 402, increasing the floor area of Unit 402 from
4,609 square feet to 4,922 square feet.
2. Pursuant to Section §265-23 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting approval for the purchase and assignment of TDRs in the amount
of 313 square feet of floor area and 0 dwelling units from the City's public TDR bank account.
Legal Description: 17749 COLLINS AVENUE CONDO UNIT 402 UNDIV 1.162791%
INT IN COMMON ELEMENTS OFF REC 29719-2548
Address: 17749 Collins Avenue Unit #402
Folio: 31-2211-083-0001(Reference)
31-2211-083-0440 (Unit)
WHEREAS, on April 17, 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 Applicant that the request for an approval for a site plan modification is in
compliance with the City's Land Development Regulations and the Comprehensive Plan, and
maintains the basic intent and purpose of the zoning, subdivision or other land use regulations,
which is to protect the general welfare of the public, particularly as it affects the stability and
appearance of the community; and further finds that the application should be granted, subject
to the conditions described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby
ratified and confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Findings and Conclusions. Based upon an analysis of the site plan
application and the standards for approval of a site plan modification under the City's Land
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14
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 -127,17-Z-164,
19-Z-170, 19-Z-171, 21-Z-183, 21-Z-188, 22-Z-190, 22-Z-191, 23-Z-195, and 23-Z-196:
increase the Floor Area Ratio (FAR) of dwelling Unit 402 by 313 square feet of FAR,
through the City's TDRs program, by enclosing a section of the combined dwelling
unit's balcony, thus increasing the overall square footage of FAR for Mansions at
Acqualina project from 435,386 square feet of FAR to 435,699 square feet of FAR.
is in compliance with the Comprehensive Plan and the Land Development Regulations of the City
of Sunny Isles Beach, and there is substantial competent evidence to support approval of the
application.
Section 3. Approval. The Applicant's request for a site plan modification of the
approved site plan under Resolution No. 11-Z-124 adopted on December 22, 2011, which was
later modified by Resolution Nos. 12-Z-127, 17-Z-164, 19-Z-170, 19 -Z -171,21-Z-183, 22-Z-188, 22-
Z-190, 22-Z-191, 23-Z-195, and 23-Z-196, to increase the Floor Area Ratio (FAR) of dwelling Unit
402 by 313 square feet of FAR, through the City's TDRs program, by enclosing a section of the
dwelling unit's balcony, thus increasing the overall square footage of FAR for Mansions at
Acqualina project from 435,386 square feet of FAR to 435,699 square feet of FAR, is hereby
approved subject to all conditions set forth in Section 4 below.
Section 4. Conditions.
I. Conditions to be completed before demolition, below grade or building permits are issued.
A. That the plans in the approval be substantially in accordance with that submitted for
public hearing, which are entitled "Interior Remodeling for Existing Residence," prepared
by Jose Ramos stamped received March 14, 2025, consisting of two sheets. Plans are
subject to revisions -based comments provided by zoning staff of the City of Sunny Isles
Beach. Plans are subject to modification.
B. If the accepted appraised value is at $125.00, the Applicant shall submit evidence of
purchase of the required 313 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 $39,125.00 for the
TDR's purchased from the City's Public TDR Bank. Failure to pay the required amount
within the ten (10) working days of approval of the Transfer of Development Rights (TDRs)
application and site plan application shall result in an automatic voiding of the City
Commission approval of the Receiving Site, transfer of TDRs, and site plan approval.
C. Upon the submittal of an application for a building permit, the plans submitted shall be
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15
approved by the Planning and Zoning Department and be consistent with the specific site
plan approved by the City Commission. Plans shall include all the required elements of
the site plan pursuant to the City's Land Development Regulations and recommendations.
Should compliance with recommendations result in a change that would not be
considered "minor" in accordance with Section 265-18 of the City Code; the Applicant
shall be required to obtain another approval of the City Commission.
D. That the Applicant complies with all conditions and permit requirements, including but
not limited to, Miami -Dade County DERM, the Fire Department, Water and Sewer
Departments, etc.
E. Upon the submittal of an application for a building permit, the City will only issue a
building permit for this proposed project following written approval from the Mansion at
Acqualina Condominium Association.
F. That the Applicant shall pay all fees related to the review of the application described
herein and shall have paid all other fees due to the City including but not limited to TDRs
and Bonuses.
G. That the 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.
H. That the Applicant complies with all City Ordinances, County, State and Federal Laws and
Regulations applicable to development and permit approvals.
NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS SUBMITTED ALL
DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL IMPACT FEES,
BONUSES, AND PROFESSIONAL FEES (AS PER SECTION 267-4 OF THE CODE OF THE CITY OF
SUNNY ISLES BEACH) AND ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE
LAND DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO THE CITY FOR
ALL TRANSFER OF DEVELOPMENT RIGHTS, OR SHALL HAVE OTHERWISE PRODUCED EVIDENCE
THAT THE PERMITTED PRIVATE DEVELOPMENT RIGHTS AS SET FORTH HEREINABOVE HAVE
BEEN TRANSFERRED.
FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT
CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS,
DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE
CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS
MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS
AND CONDITIONS.
Section 5. Authorization of City Manager. The City Manager is hereby authorized to
do all things necessary to effectuate this Resolution.
PZ2025-06 - Site Plan Mod Reso AC EDITS
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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 V7A day of April, 2025.
CITY OF SUN ISLES B ACH, FLORIDA
By its City mmiss
By:
ATT
Mauricid Betancur,,JCMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Larisa Svechin, Mayor
�-
Afain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: CAM ��/,.���a�ff' Seconded by:�f%/��lC� i l�G'jeA�
Vote:
PZ2025-06 - Site Plan Mod Reso AC EDITS
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PZ2025-06 - Site Plan Mod Reso AC EDITS Page 6 of 6
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Mayor Svechin
(Yes)
(No)
Vice Mayor Lama
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Stuyvesant(Yes)
Y(Yes)
(No)
Commissioner Viscarra
(No)
PZ2025-06 - Site Plan Mod Reso AC EDITS Page 6 of 6
18
F ♦FLOG 5
C'rY OF SUN PCO
CITY OF SUNNY ISLES BEACH
STAFF REPORT
The Mansions at Acqualina
SITE PLAN MODIFICATION &
TRANSFER DEVELOPMENT RIGHTS (TDRs)
April 17, 2025
PZ2025-06
I. PROJECT SUMMARY
Application Number: PZ2025-06
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
Unit 402 by 313 square feet, through the City's TDRs program,
to enclose portions of the unit's west balcony. The Site Plan
Modification will increase the overall floor area for the
Mansions at Acqualina project from 435,386 square feet to
435,699 square feet of floor area.
Further, the Applicant requests approval for the purchase and
assignment of TDRs in the amount of 313 square feet of floor
area and 0 dwelling units from the City's public TDR bank
account.
Page 1 of 9
W
April 17, 2025
PZ2025-06
Applicant/Owner: V FEE FLORIDA REALTY LLC
130 ROUTE 10
WHIPPANY, NJ 07981
ATTN: Carmin Tillit, East of Collins Expediating
II. SITE INFORMATION
Location:
Land Area:
Unit Area:
Folio:
Legal Descriptions:
17749 Collins Avenue Unit 402
99,098 sq. ft. (2.275 acres)
4,609 sq. ft.
31-2211-083-0001 (Reference)
31-2211-083-0440 (Unit)
17749 COLLINS AVENUE CONDO UNIT 402 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. 17-Z-164,
19 -Z -170,19-Z-1 71, 21-Z-183, 22-Z-188, 22-Z-190, 22-Z-191,
Page 2 of 9
20
April 17, 2025
PZ2025-06
23-Z-195 and 23-Z-196) have gained approval for balcony
enclosures, through the City's TDRs program, increasing the
overall floor area of the project to 435,386 sq. ft. and floor area
ratio (FAR) to 4.39.
Adjacent Properties:
III. REQUEST
1. 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 435,386 square feet to 435,699
square feet. The increase of 313 square feet will only affect dwelling Unit 402,
increasing the floor area of Unit 402 from 4,609 square feet to 4,922 square feet.
2. Pursuant to Section §265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting approval for the purchase and assignment of
TDRs in the amount of 313 square feet of floor area and 0 dwelling units from the
City's public TDR bank account.
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
Page 3 of 9
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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
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
1. 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 435,386 square feet to 435,699
square feet. The increase of 313 square feet will only affect dwelling Unit 402,
increasing the floor area of Unit 402 from 4,609 square feet to 4,922 square feet.
2. Pursuant to Section §265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting approval for the purchase and assignment of
TDRs in the amount of 313 square feet of floor area and 0 dwelling units from the
City's public TDR bank account.
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
Page 3 of 9
21
April 17, 2025
PZ2025-06
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.
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.
Page 4 of 9
22
April 17, 2025
PZ2025-06
V. ZONING REVIEW
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "Interior Remodeling for Existing Residence.", prepared by Jose Ramos stamped
received March 14, 2025, consisting of two sheets. Plans are subject to revisions based
on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject
to modification.
1. 265-35 — Mixed Use - Resort (MU -R)
265-35. D. Site Development Standards
1. 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: 4.40 with bonus FAR and TDRs — 435,699 square feet. .
Note: The increase of 313 square feet shall only affect dwelling
unit 402, increasing the floor area of the unit from 4,609 square
feet to 4,922 square feet.
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. 2017-2748, 2019-2953, 2019-2954, 2021-3254, 2022-3295, 2022-3407,
2022-3408, 2023-3506 and 2023-3507) have gained approval for balcony
enclosures, through the City's TDRs program, increasing the overall floor area of
the project to 435,386 square feet.
Under this site plan modification, the Applicant is seeking to purchase and assign
TDR's in the amount of 313 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.
Price of TDRs
The appraisal report completed by Appraisal First Real Estate Appraisers, LLC,
date stamped March 7, 2025, reflects the square foot market value of the subject
property (17749 Collins Ave) as One Hundred Twenty-five Dollars ($125.00) of
Page 5 of 9
23
April 17, 2025
PZ2025-06
allowable FAR. The Applicant has agreed to pay the square foot value of One
Hundred and Twenty -Five Dollars ($125.00).
Thus, the total TDR purchase is Thirty-nine Thousand One Hundred Twenty -Five
Dollars ($39,125.00). Please refer to Condition No. 2 in Section VII.
The effect of the TDRs purchase and approval on the project would be an increase
in intensity (square footage).
VI. FINAL ANALYSIS
Based on the above review, the application is consistent with the City's Comprehensive
Plan and the City's Land Development Regulations. The site plan modification requests
an increase of 313 square feet of floor area for Unit 402, which increases the floor area
of the unit from 4,609 square feet to 4,922 square feet. The Applicant has not requested
any variances as part of this application.
Staff has compiled the relevant facts of the requested site plan modification and request
for TDR purchase and assignment and recommends the application be presented to City
Commission for consideration.
VII. CONDITIONS
If the City approves this application, the application will be subject to the following
conditions set forth in Section VII.
Conditions to be completed before demolition, below grade or building permits are
issued.
1. That the plans in the approval be substantially in accordance with that submitted for
public hearing, which are entitled "Interior Remodeling for Existing Residence,"
prepared by Jose Ramos stamped received March 14, 2025, consisting of two sheets.
Plans are subject to revisions -based comments provided by zoning staff of the City of
Sunny Isles Beach. Plans are subject to modification.
2. If the accepted appraised value is at $125.00, the Applicant shall submit evidence of
purchase of the required 313 square feet of 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 $39,125.00
for the TDR's purchased from the City's Public TDR Bank. Failure to pay the required
amount within the ten (10) working days of approval of the Transfer of Development
Rights (TDRs) application and site plan application shall result in an automatic voiding
of the City Commission approval of the Receiving Site, transfer of TDRs, and site plan
approval.
Page 6 of 9
24
April 17, 2025
PZ2025-06
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.
7. 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.
8. That the Applicant complies with all City Ordinances, County, State and Federal Laws
and Regulations applicable to development and permit approvals.
Page 7 of 9
25
VIII. MAP REFERENCES
Zoning Map
April 17, 2025
PZ2025-06
Page 8 of 9
26
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Letter on Intent
February 21, 2025
City of Sunny Isles Beach
Planning and Zoning Department
18090 Collins Ave
Sunny isles Beach, FL 33160
r tlx 0p
4 \SL S
49
RECEIVED
PZ2025=06
3/712025
PLANNING & ZONING DEPT.
Re: Property located at: 17749 Collins Ave #402, Sunny Isles Beach/ Application for Enclosure
of the terrace for Unit #402 within the Mansions at Acqualina Development/Transfer of
Development Rights (TDR)
To whom it may concern:
I Tom Maoli for V -.Fee Florida Realty, LLC the applicant, i am the owner of the property located
at 17749 Collins Ave #402, Sunny Isles Beach. We are requesting a site plan modification
adopting the plans for unit 402 at Mansions at Acqualina as shown on these plans. The overall
scope of work with this request to increase the total FAR square footage of the unit and
modification of FAR to the Tower by 313 square feet. In addition, I also request approval of the
purchase and assign of.313 square feet of FAR from the available TDRs Bank account. Existing
FAR square footage of the Unit is 4609 SF (435,801 SF total Tower) and the new proposed
square footage is 4,922 SF (436,,11s1-SF-overaff. ew r).
r
Thank you in advance for your consideration of this
review.
If you have any questions, please do not
:ereiy,
it Name: Tom Maoll
I look forward to your favorable
contact Carmin Tillit at 754-423-6283.
County of f7l D tY9 -/
Swoto and subscribed Before me on this day of , 20�bY
/ 4 D !�
ota Public
E
ADETTE KOPECID # 2433023
OTARY PUBLIC.
EOF NEW JERSEYission Expires April 23, 2026
28
CITY OC
A \SLESe
ut
RECEIVED
PZ2025-06
3/14/2025
PLANNING & ZONING DEPT.
1.
2.
PUBLIC HEARING APPLICATION
Hearing #
Date Received
Folio Number -11- 22i 1- 083 Cq 40
Proposed Project Name _ .y1S101%& '&wL .. dfL' � 4 0 a
Name of Applicant U~tf-+f'_
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 Add
City Loki
Tel. # (during working
4. Name of Property Own
Mailing Address 1131
City Q M Pn&h
Tel. # (during working
5. Contact Person_ CA
Mailin ddress Q5
City
Tel. # (during w4king
--F-1Luk
—Y,43 -
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.
M
7. Address or location of ubject
Ut1 n I
8. Size of property: ft. x ft. acres
'roo-l-e to .cn'r
ar311gtas
City of Sunny Isles Beach Public Hearing Application Package Page 4 of 23 29
Date subject property acquired SO< leased day of 3 - 1q- ao Is
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 "Cgntiguous Property".
11. Is there an option to purchaser lease[]the subject property or property contiguous
thereto?
OYes or bNo
If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of
Interest form also).
12. Present zoning classification (s): m 0' 4Z Klyt t, Ose kos04 V-94" k
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
t/Transfer Development Rights
❑ Vested Rights
❑ Appeals ,7_ f
VOther: ,-m ?6 -vi, MO m" 6o rl
14. Has a public hearing been held on this property within the last year and a half? ❑ yes elh-o�'
If yes, applicants
Date of
Nature of hearing
Decision
Resolution #
City of Sunny Isles Beach Public Hearing Application Package Page 5 of 23 30
15. Is this hearing being requested as a result of violation notice? [I yes E]Rt-*"
If yes, give name to which violation notice was served
Nature of violation
16. Are there any existing structures on the pro erty? E yes n no
If yes, briefly describe kk'S4 � AGD rnn 16 U� �
17. Is there any existing use on the property? M yes ®i no
If yes, what �is the use and when was it established?
Use K QS% JAI 11, � Q -
City of Sunny Isles Beach Public Hearing Application Package Page 6 of 23 31
OWNERSHIP AFFIDAVIT
FOR LIMITED LIABILITY COMPANY
STATE OF Public Hearing No.
COUNTY OF Mtgkoyt
Before me, the undersigned authority, personally appeared 70rA INS" t t
hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says:
1. Affiant is the manager, or managing member of the �"�~1�A0�Kst-'�(► i..1--�•
_ _Limited Liability Company with the following
address: '
P�c�kt. t� �l'p�w� KIA 0+qe>1
2. The Limited Liability Company owns or lease (circle one) the property, which is the
subject of the proposed hearing.
3. The subject property is legally described as:
L--'RA-1q NLUOS AQe ton kn 0AA` I- 40-a.
UnAiv Icl b27A, Ya 14 irr G&ALD6 eIemtMs p��g-a4, 14 02948
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 per Wyxand.the___...
possibility of voiding of any zoning granted at public hearing.
6. Affiant understands that the matters attached to and mads part of the application are
honest and true to the best of my knowledge and bplieE I understand this application must
be complete and accurate before the application -can be submitted and the hearing
advertized.
Wi s:
:•
Si a Affianfs-Signature •... e
Print Name Print Name
Signature
Print Name q
ty
Sworn to and subscribed before me on theiA da
Affiant is personally Imown to me or has prouced
Identification.
Commission Expires:
BERNADETTE KOPEC
ID #2433023
NOTARY PUBLIC
STATE OF NEW JERSEY
My Commission 9xpires April 23, 2028
Page 10 of 23
32
DISCLOSURE OF INTEREST
If the property which is the subject of the application is owned or leased by a CORPORATION,
list the principal stockholders and principal officers 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).
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).
LLC Name
Name, Address and Office
p
MOM
Percentage of Stock
City of Sunny Isles Beach Public Hearing Application Package Page 14 of 23 33
NAME ADDRESS AND OFFICE (if applicable) Percentage of Interest
Date of Contract:
If any contingency clause or contract terms involve additional parties, list all individuals or officers,
if a corporation, partnership or trust.
For any changes of ownership or changes in contracts for purchase. subsequffTc the datc--Qf the
application, but prior to the date of final public hearing, a supplemental disclosure of interest shall `'--
be filed.
The above is a Rill disclosure of all pa�Sof interest is the fapplica ' o the-b�sf o1my kaowledJ e • ' . lorat g ,:•.. .,.•.,
and belief. r __: . • . • •
Signature:
Aliplicant) c�rd1. 'N1ii01 • ' ' • ,
Sworn to and subscribed before me,
This 4'I -day
My Commission -Expires:.... _.. .......
_, 20 - 7
EBERNADETTE KOPEC
Q # 2433023
TARY PUBLIC
OF NEW JERSEY.
sion Expires April 23, 2028
* 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
34
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 Occnpaticy.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 Hgaring 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 Hearingy
application will not necessary forestall enforcement action against the property.
Fees: I understand that the hearing fees Maid at the timeof i „he total cost of the
hearing and that I will be advised any' fees that be" Ivo
; ; : • • ' •'
of other can afe with the public hearing
application. \
• ; • .
Print N_ ame
AJ
Notary: orn to and subscribed before me this a". of
ary P i of��'
E.9
BERNADETTE KOPEC 2433023
RY PUBLIC My commission expires
F NEW JERSEY
n Expires April 23, 2028
City of Sunny tales Beach Public Hearing Application Package Pago 17 of 23
35
February 21, 2025
AGENT LETTER
0117 8f
\SLES
_
RECEIVED
PZ2025-flfi
3/7/2025
PLANNING & ZONING DEPT.
The purpose of this letter is to inform you that I, Tom Maoli, of V -Fee Florida Realty,
LLC have authorized Carmin Tillit and East of Collins Expediting to act as my agent in
all matters pertaining to the purchase of TDR's with the City of Sunny Isles and to get all
the necessary permits with the City of Sunny Isles Building Department, Code
Enforcement, Miami Dade County and any other entity necessary in order to obtain
permits, TCO/CO for the property located at 1774 Collins Avenue #402 Sunny Isles
Beach, FL 33160 owned by V -Fee Florida Realty, LLC.
If you should.ha've a
V -Fee 1
STATE OF44
COUNTY OF A-B00E
7016.
Sworn and subscribed before me on a I of ��f (/ ______, 2025 by
Tom Maoli, who is personally known to me.
Aterid ary Mftblic'
BERNADETTE KOPEC
ID # 2433023
NOTARY PUBLIC
STATE OF NEW JERSEY
My+Gommission Expires April 28, 2028
36
/1,, I1'1*,//'; 1'1 /
March 6, 2025
Via Email
Thomas Maoli
17749 Collins Ave Unit 402
Sunny Isles Beach, FL 33160
Re: Balcony Enclosure Notice — TDR Purchase
Address: 17749 Collins Avenue, 402 Sunny Isles Beach, FL 33160
Owner: Thomas Maoli
To City of Sunny Isles,
ei1, oa
\S ES
%7
RECEIVED
06
t5 317/2025
PLANNING & ZONING DEPT.
This letter confirms that 17749 Collins Condominium Association, Inc. (the "Association") is
aware that Thomas Maoli is intending to enclose the balcony of 313 square feet. This letter is
intended for TDR purchase only.
No work is being authorized or approved until the Condominium Association reviews
and approves the construction plans and contractor.
Should you have any questions concerning the foregoing, please do not hesitate to contact the
Director of Residences at 305-900-6666 or natalied@mansionsatacqualina.coin.
Sincerely,
Signature
N�-�ot\.tZ S, p2v4-SC�-, $a�`�eC'CJ� off- �2S�cierlc.ft5
Name and Title
17749 Collins Condominium Association, Inc.
17749 Collins Avenue • Sunny Isles Beach, FL 33160
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F
-+ CITY OF SUNNY ISLES BEACH
NOTICE OF ZONING HEARING
C„ ov SUN vN
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, April 17, 2025 AT 6:30 P.M., to consider the following Zoning application:
Public Hearing #: PZ2025-06
Application:
The Mansions at Acqualina Balcony Enclosures for Unit 402
Applicant:
V Fee Florida Realty LLC
Property Location:
17749 Collins Avenue, Unit 402, Sunny Isles Beach, FL 33160
Size of Property:
2.275 acres (99,098 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)
purchase for the Mansions at Acqualina located at 17749 Collins Avenue. The requested Site Plan Modification is to increase
the floor area of Unit 402 by 313 square feet, through the City's TDRs program, by enclosing portions of the unit's balconies.
The Site Plan Modification will increase the approved square footage of the Mansions at Acqualina project from 435,386 square
feet of FAR to 435,699 square feet. Further, the Applicant is requesting approval for the purchase and assignment of TDRs in
the amount of 313 square feet of floor area and 0 dwelling units from the City's public TDR bank account.
Requests:
1. 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 435,386
square feet to 435,699 square feet. The increase of 313 square feet will only affect dwelling Unit 402, increasing the
floor area of the unit from 4,609 square feet to 4,922 square feet.
2. Pursuant to Section §265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is
requesting approval for the purchase and assignment of TDRs in the amount of 313 square feet of 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 "Interior Remodeling for
Existing Residence.", prepared by Ramos Architects & Associates, stamped received March 14, 2025, consisting of two (2)
sheets. 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: Condominium Unit No. 402, of 17749 COLLINS AVENUE, A CONDOMINIUM, together with an
undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded July 30, 2015, in
Official Records Book 29719, at Page 2548, of the Public Records of Miami -Dade County, Florida.
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.
40
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: April 17, 2025
RE: Zoning Application for Balcony Enclosure for Property Located at 17749
Collins Avenue, Unit 402 (PZ2025-06)
RECOMMENDATION:
Staff has compiled 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 of Development
Rights (TDRs) for the Mansions at Acqualina located at 17749 Collins Avenue. The Site Plan
Modification is requesting to increase the floor area of Unit 402 by 313 square feet, through the City's
TDRs program, to enclose a portion of the unit's western balcony. The Site Plan Modification will
increase the overall floor area for the Mansions at Acqualina project from 435,386 square feet to
435,699 square feet of floor area. Further, the Applicant is requesting approval for the purchase and
assignment of TDRs in the amount of 313 square feet of floor area and 0 dwelling units from the City's
public TDR bank account.
ATTACHMENTS:
Resolution
Staff Report
Applicant Letter of Intent
Application
Proposed Plans
Public Notice
Item Number: 5.A
12