Loading...
HomeMy WebLinkAboutZoning Resolution 25-Z-217RESOLUTION NO. 25-Z-2-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2025-02) SUBMITTED BY NINNA 1801 CORP., FOR THE PROJECT ENTITLED "MANSIONS AT ACQUALINA" TO INCREASE THE FLOOR AREA RATIO (FAR) OF DWELLING UNIT 3001 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 435,699 SQUARE FEET OF FAR TO 436,012 SQUARE FEET OF FAR; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ninna 1801 Corp. (the "Applicant") is seeking approval of a Site Plan Modification (PZ2025-02) to modify the approved site plan for the Mansions at Acqualina project which was approved by the City of Sunny Isles Beach ("City") pursuant to Resolution No. 11-Z- 124 passed and adopted December 22, 2011, and later modified through Resolution No. 12-Z- 127 passed and adopted March 15, 2012; and WHEREAS, the overall Mansions at Acqualina project initially utilized 431,305 square feet of Floor Area Ratio ("FAR"), and throughout the years, several independent unit owners (Resolution No. 16-Z-159, Resolution No. 17-Z-164, Resolution No. 19-Z-170, Resolution No. 19- Z-171, Resolution No. 21-Z-181, Resolution No. 21-Z-183, Resolution No. 21-Z-185, Resolution No. 22-Z-190, Resolution No. 22-Z-191, Resolution No. 23-Z-195, Resolution No. 23-Z-196, and Resolution 25-Z-214) have obtained approval for balcony enclosures, through the City's Transfer Development Rights ("TDR") program, increasing the overall FAR of the project to 435,699 square feet of FAR; and WHEREAS, the applicant is seeking to increase the FAR of dwelling Unit 3001 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 3001, in furtherance of the requested site plan modification; and WHEREAS, the Applicant's site plan modification application requests the following: (Final) PZ2025-02 - (Unit 3001) Mansions at Acqualina - RESOLUTION Page 1 of 6 9 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 435,699 square feet to 436,012 square feet. The increase of 313 square feet will only affect dwelling Unit 3001, increasing the floor area of Unit 3001 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 3001 UNDIV 1.162791% INT IN COMMON ELEMENTS OFF REC 29719-2548 Address: 17749 Collins Avenue Unit #3001 Folio: 31-2211-083-0001 (Reference) 31-2211-083-0260 (Unit) WHEREAS, on June 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. (Final) PZ202S-02 - (Unit 3001) Mansions at Acqualina - RESOLUTION Page 2 of 6 10 Section 2. Findings and Conclusions. Based upon an analysis of the site plan application and the standards for approval of a site plan modification under the City's Land Development Regulations, the City Commission hereby finds and concludes that the Applicant's request for a site plan modification of the approved site plan under Resolution No. 11-Z-124 adopted on December 22, 2011, which was later modified by Resolution Nos. 12 -Z -127,16-Z-159, 17-Z-164, 19-Z-170, 19-Z-171, 21-Z-181, 21-Z-183, 21-Z-185, 22-Z-190, 22-Z-191, 23-Z-195, 23-Z- 196, and 25-Z-214: increase the Floor Area Ratio (FAR) of dwelling Unit 3001 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 435,699 square feet of FAR to 436,012 square feet of FAR. is in compliance with the Comprehensive Plan and the Land Development Regulations of the City of Sunny Isles Beach, and there is substantial competent evidence to support approval of the application. Section 3. Approval. The Applicant's request for a site plan modification of the approved site plan under Resolution No. 11-Z-124 adopted on December 22, 2011, which was later modified by Resolution Nos. 12-Z-127, 16-Z-159, 17-Z-164, 19-Z-170, 19-Z-171, 21-Z-181, 21-Z-183, 21-Z-185, 22-Z-190, 22-Z-191, 23-Z-195, 23-Z-196, and 23-Z-214, to increase the Floor Area Ratio (FAR) of dwelling Unit 3001 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 435,699 square feet of FAR to 436,012 square feet of FAR, is hereby approved subject to all conditions set forth in Section 4 below. Section 4. Conditions. I. Conditions to be completed before demolition, below grade or building permits are issued. A. That the plans in the approval be substantially in accordance with that submitted for public hearing, which are entitled "Terrace Conversion for: Unit #3001.", prepared by Ramos Architects & Associates stamped received May 1, 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) (Final) PZ2025-02 - (Unit 3001) Mansions at Acqualina - RESOLUTION Page 3 of 6 11 application and site plan application shall result in an automatic voiding of the City Commission approval of the Receiving Site, transfer of TDRs, and site plan approval. C. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Planning and Zoning Department and be consistent with the specific site plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Section 265-18 of the City Code; the Applicant shall be required to obtain another approval of the City Commission. C. 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. D. 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. E. 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. F. 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. G. 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 PAYMENTTO 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 (Final) PZ2025-02 - (Unit 3001) Mansions at Acqualina - RESOLUTION Page 4 of 6 12 MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS AND CONDITIONS. Section 5. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining potions of this Resolution. Section 7. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and are hereby repealed. Section 8. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 104 day of June, 2025. CITY OF SUNY ILES BEACH, FLORIDA By its City C mrr, ssion as A MaAricio Betandur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Ali AI in E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Larisa Svecliin, Mayor (Final) PZ2025-02 - (Unit 3001) Mansions at Acqualina - RESOLUTION Page 5 of 6 13 Moved by: (.O/fi�/SS /QMC-z iJQ,S `'� Seconded by: I,sS/o�_(//SCi¢>j„rQ/{ Vote: Mayor Svechin ✓ (Yes) (No) Vice Mayor Lama/ h �jb� (Yes) (No) Commissioner Joseph ,Yes) (No) Commissioner Stuyvesant ./ es) (No) Commissioner Viscarra (Yes) (No) (Final) PZ2025-02 - (Unit 3001) Mansions at Acqualina - RESOLUTION Page 6 of 6 14 yF S9'O SSP FLS C'Tr OF SUN PCO CITY OF SUNNY ISLES BEACH STAFF REPORT The Mansions at Acqualina SITE PLAN MODIFICATION & TRANSFER DEVELOPMENT RIGHTS (TDRs) June 17, 2025 PZ2025-02 I. PROJECT SUMMARY Application Number: PZ2025-02 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 3001 by 313 square feet, through the City's TDRs program, to enclose a portion of the unit's west balcony. The Site Plan Modification will increase the overall floor area for the Mansions at Acqualina project from 435,699 square feet to 436,012 square feet of floor area. Further, the Applicant requests approval for the purchase and assignment of TDRs in the amount of 313 square feet of floor area and 0 dwelling units from the City's public TDR bank account. Page 1 of 9 15 June 17, 2025 PZ2025-02 Applicant/Owner: Ninna 1801 Corp 17875 Collins Ave 1801 Sunny Isles Beach, FL 33160 ATTN: Carmin Tillit, East of Collins Expediating II. SITE INFORMATION Location: 17749 Collins Avenue, Unit 3001 Land Area: 99,098 sq. ft. (2.275 acres) Unit Area: 4,609 sq. ft. Folio: 31-2211-083-0001 (Reference) 31-2211-083-0260 (Unit) Legal Descriptions: 17749 COLLINS AVENUE CONDO UNIT 3001 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. Page 2 of 9 16 June 17, 2025 PZ2025-02 21-Z-183, 21 -Z -185,22-Z-1 90, 22-Z-191, 23 -Z -195,23-Z-1 96, 25-Z-214) have gained approval for balcony enclosures, through the City's TDRs program, increasing the overall floor area of the project to 435,699 sq. ft. and floor area ratio (FAR) to 4.40. 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 435,699 square feet to 436,012 square feet. The increase of 313 square feet will only affect dwelling Unit 3001, increasing the floor area of Unit 3001 from 4,609 square feet to 4,922 square feet. 2. Pursuant to Section §265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 313 square feet of floor area and 0 dwelling units from the City's public TDR bank account. IV. PLANNING REVIEW: 1. Comprehensive Plan The following policies are being met through this project: Policy 14B. The Future Land Use Map shall identify all non-residential land as one of the following non-residential or mixed-use categories with the following characteristics and limitations as set forth in Policy 15C: Mixed Use - Resort / High Density This category is designed to encourage development and redevelopment within the area east of Collins Avenue for resort style developments catering to tourists and seasonal residents (hotel, hotel -apartments, vacation resorts and resort style apartments) as well as high quality residential apartments. Retail uses such as restaurants, conference Page 3 of 9 17 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 435,699 square feet to 436,012 square feet. The increase of 313 square feet will only affect dwelling Unit 3001, increasing the floor area of Unit 3001 from 4,609 square feet to 4,922 square feet. 2. Pursuant to Section §265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 313 square feet of floor area and 0 dwelling units from the City's public TDR bank account. IV. PLANNING REVIEW: 1. Comprehensive Plan The following policies are being met through this project: Policy 14B. The Future Land Use Map shall identify all non-residential land as one of the following non-residential or mixed-use categories with the following characteristics and limitations as set forth in Policy 15C: Mixed Use - Resort / High Density This category is designed to encourage development and redevelopment within the area east of Collins Avenue for resort style developments catering to tourists and seasonal residents (hotel, hotel -apartments, vacation resorts and resort style apartments) as well as high quality residential apartments. Retail uses such as restaurants, conference Page 3 of 9 17 June 17, 2025 PZ2025-02 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. 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 Page 4 of 9 18 June 17, 2025 PZ2025-02 Development Regulations. Refer to Section V. Zoning Review for the intensity breakdown. V. ZONING REVIEW The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Terrace Conversion for: Unit #3001.", prepared by Ramos Architects & Associates stamped received May 1, 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.D. — Mixed Use - Resort (MU -R) Site Development Standards 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 — 436,012 square feet. Note: The increase of 313 square feet shall only affect dwelling unit 3001, increasing the overall FAR 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. 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, 23-Z-195, 23-Z-196 and 25-Z-214) have gained approval for balcony enclosures, through the City's TDRs program, increasing the overall floor area of the project to 4.35,699 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 May 1, 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 19 June 17, 2025 PZ2025-02 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 3001, 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: 1. That the plans in the approval be substantially in accordance with that submitted for public hearing, which are entitled "Terrace Conversion for: Unit #3001.", prepared by Ramos Architects & Associates stamped received May 1, 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. 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 Page 6 of 9 20 June 17, 2025 PZ2025-02 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 21 VIII. MAP REFERENCES Zoning Map June 17, 2025 PZ2025-02 Page 8 of 9 22 �Q I' ✓A 0 err r, 77-1 I;iIl,_�:_ tm �1 ' r / i t f ✓ S r It.f ; 'tU.d U. LOW DENSITY RESIDENTIAL gm RESIDENTIAL '� "i��° " '� j-'✓�� ® •W TO MEDIUMDENSFFY MEDIUM DENSITY RESIDENTIAL MEDIUM TO H GH DENSITY sRESIDENTIAL MIXED U E HIGH DENSITY/ R ES ORT BUSIN MIXED USE INESe5 I . , r• �� ! 1 it 17451 �I @OWNS AVEif COLLINS AVE a a e t4fl sa�E � � Al Letter on Intent Dec 6, 2024 City of Sunny Isles Beach Planning and Zoning Department 17749 Collins Ave #3001 Sunny Isles Beach, FL 33160 CITY pp y ISLES e RECEIVED PZ2025-02 5/1/2025 PLANNING & ZONING DEPT. Re: Property located at: 17749 Collins Ave #3001, Sunny Isles Beach/ Application for Enclosure of the terrace for Unit #3001 within the Mansions at Acqualina Development/Transfer of Development Rights (TDR) To whom it may concern: I Eduardo Oliveira Fiiho of Ninna 1801 Corp the applicant, I am the owner of the property located at 17749 Collins Ave #3001 Sunny Isles Beach. We are requesting a site plan modification adopting the plans for unit 3001 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 ( 435,386 SF total Tower) and the new proposed square footage is 4,922 SF ( 435,699 SF overall Tower). Thank you in advance for your consideration of this application. I look forward to your favorable review. If you have any questions, please do not hesitate to contact Carmin Tilli at 754-423-6283. Sincerely, Print Name: Edua o Oliveira Filho State of Florida County of Mw(AY`f I - hade, to and subscribed before me on this day of ' 1 '' , 20' i by I., ,.� I . _. -. , . �Y"PB KIMBERLY JANE POZO Notary PA. •i *1 MY COMMISSION tt HH 431902 EXPIRES: August 9,2027 24 CITY Op y \SLES9 RECEIVED PZ2025-02 5/1/2025 PLANNING & ZONING DEPT. 1 2. 3 PUBLIC HEARING APPLICATION Hearing # Date Received Folio Number 31-3,3 Ii ' 83- 0 Proposed Project Name: / "IG,✓)Slvj S c� ,ACprgg I ✓ e,� Urn4 44-3© D 1 V Name of Applicant I N M 4 �� 0 1 C© Q P 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 v_y?-5- Cobb, & AV ,C uw1 -P51-- leo 1 City XS&5 State I'L Zip 3316,v Tel. # (during working hours) -e-mail 4. Name of Property Owner Al l IUhl A- Igo 1 Co R P Mailing Address l Ya ,?'5` & C 7,Y A ve— Cin,' f '1: - 190 f City Zsleslda c7 State 1zI--Zip 3314 o Tel. # (during working hours) e-mail 5. Contact Person Cie 1 I Mailing Address QUnel "5lfJ F3�CA 81 L'o 60 a. City SV h n 175 fe 13CGG11 State Y L Zip 3 3 16-0 Tel. # (during working hours) -e-mail 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. J: JJ Lia )V7&V 1, 162--0, iv, Coodvh os Ca1GV Cite 7. Address or location of subl1,ect property: 5V-14/ �S1ti V&66 FL 8. Size of property: City of Sunny Isles Beach Ow, �- 30L) 1 afE �Yc a��-l9 0 x ft. acres Public Hearing Application Package Page 4 of 23 25 Date subject property acquired or leased day of`� 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 "Conti ous Property". I IA - 11. Is there an option to purchaser lease []the subject property or property contiguous thereto? Yes or 01 If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also). 12. Present zoning classification (s): S'600 )-o--k cf ►1'l04 k Ge Ue_>!-o_Q 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 p'Transfer Development Rights ❑ Vested Rights ❑ Appeals ❑ Other: 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 Nature of Decision of Reso ution - - - City of Sunny Isles Beach Public Hearing Application Package Page 5 of 23 26 15. is this hearing being requested as a result of violation notice?[] yes M fo If yes, give name to which violation notice was served Nature of 16. Are there any existing structures on the property? Eryes 0 no If yes, briefly describe 001"A Covidy n, l wi u;, 17 Is there any existing use on the property? Eryes rl no City of Sunny Isles Beach Public Hearing Application Package Page 6 of 23 27 OWNERSHIP AFFIDAVIT FOR CORPORATION STATS OF Voo% Public Hearing No. COUNTY OF, -M"1a*t`Mc 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 president vice-president or CLO of the UOAR?YV 0 hu (j -i ra `lam l ho �►� 04 %} N )US9- __ - Corporation, with the following address: C4l✓)JC AU -0- X1601 SUn �� 3 3 i(- Q 2, The Corporation owns the property, which is the subject of the proposed hearing. 3. The subject property is legally described as: Coylc6_ o& atem 665 Aueaut CcJyk tk?d 30o/ �) Yl U 1 • i C 2 �9 I /► �n7^ da !_t)yn oN 2w 4 5 OFF (zL 295I 19 -25, 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: Signature Print Name Signature Print Name ••• Affiant's Signature 4--&JA9,vo 9(lJ k ftz{ b Print Name Sworn to and subscribed before me on the lay of 00 E tW 20 L , Affiant is personally known tome or has produced Aas Identification. No (St /Seal) Commission Expires• � ~ � D � �" �' - -- -- -- -. - --- -- - ------------- CARMIN TILLIT Notary Public • State of Florida Commission # HH 285617 My Comm, Expires Jul 10, 2026 Bonded through National Notary Assn. P e9ot23 City of Sunny Islas Deach Publlc Hearing Application package 28 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). -"O� A 'lgo 1 Coo P 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 Percentage of Stock City of Sunny Isles Beach Public Hearing Application Package Page 14 of 23 29 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 (MDF D) for the staging Area of the proposed project along with the Miami -Dade County Biscayne Hay Shoreline Development Review Committee will review and continent 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 1 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 ftuther 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 can be associated vith the public hearing application. to City of Sunny Isles Beach Ge P,-- A .tore pR'I� 10 # P/'fb Print Name before me thi-s day of 010 0 e i A,1X V _I of Florida Notary Public • State of Florida Commission N HH 285617 My Comm. Expires Jul 10, 2026 ao through National Notary Assn. Public Hearing Application Package Page 17 of 23 30 December 6, 2024 AGENT LETTER CITY OF \SLIEISe RECEIVED PZ2025-02 5/1/2025 PLANNING & ZONING DEPT. The purpose of this letter is to inform you that I, Eduardo Oliveira Filho if Ninna 1801, Corp., 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 Building Department, Code Enforcement, Miami Dade County and any other entity necessary in order to obtain permits, for the property located at 17749 Collins Avenue #3001 Sunny Isles Beach, FL 33160 owned by Ninna 1801, Corp. If you should have any questions I can be contacted at. Sincerely, Eduardo Oliveira F o/ Ninna 1801, Corp. STATE OF FLORIDA COUNTY OF MIAMI-DADE Sworn and subscribed before me on _ of � 1mbele , 2024 by Eduardo Oliveira Filho, who is personally known to me. KIMBERLY JANE POZO MY COMMISSION # HH 431902 '• Fob f�oP° EXPIRES: August 9, 2027 31 o■o■■o■m■ ■■■■nnn::aa•1■iY6 n■nnn■q�nnnn■! No swoon ::•::: yg:•::• :•::•:; t•:?• ■■■■■■Ui.FG79]Ib14H■ ■■nO■n■nn■n■■■n■■IlfffiI■1rll J1f1■■■■lq:■1r: PI�UI:P■ OO■On■■tl■■■■■■■nO■■ON ..■■■1:n■■■■■■■■■s■■■■■ ■T�InNIaLiV.,■■■M 11■ •'■■VIIF•'•'1II111�i L:'I■■�f• 1.11 l ■' ■■■■■1t■�■Y■■■■�■■■■Y■■■■■■■■\'...i..........■ .....■rf it■If HeilI:H\'I■■:■��Y��l ■ ■■■■■■■■■■■■■■■■■■■nn■noon■■v■■non■■un■■■■■■■■■nu■■■■■■■■■■■■■■■ *.':S;i::•.. ■■■■■■■■mnnmununnnn■■n■■nn■■■■mon■■■■■■■■■■■■■■■n■■■■■m 1000 11mo • WVH • •.r 1=1. IIS,► rr1){nip II�� _ �, z � 4 �pGH W o a 33 aN-\ W U C "� p z w A N � Z a 3' g gw; �w� 1 �1 1 1 w A F�1 gw; �w� 1 I NL -i Il�ra ��I 1 1 k IIIYl_J II I I I 1 I 1 VIII 1 II 1 1 1 1 1 1 1 ------------------J 1 5 KEENNESS ME ZMEMEMORM K Ep unon�as-r-y�un.rx...r■r■■■■.ur..rr■■.■■nmmmrem...........■■..a...�. Wong r•nui:��■ <.;;::;::. .y :.:.; :; :; :;k ..........■..1■..r.p....p..........pp.O■.0...................Y..�......0■. ■O■■YF'1+PLAM.9. VI.YNY1!l�N)h..aV-al.�LO'.I L 1,',..L�'ONLF•`PIII II. 1'1-'L.N Ila M. _ 0......■■Y■.r..O...a...O.►JGf i.F►IGf N■'L.[•1..:f ar.Ii Hsi 1rH\'IO.\rrrad ■ .: .....O.O.O.uorr000000rrorroirO......0........................0 P, n■nnnnno...r..00mn.nvnnn■nnuuuoumn.....nnnnnn :. • IV 03U vl:j •.. all H Ul �= � �� ...r.m. .rrrrrrrrrr,_. _-nrrnomr I Elm ®� _mum mm�nnnnm nni= I �® L�14 _1= ur"'illy �II� NV C1 �i®_i= — 7■1 ---=�- p err Hill m 8a jigi $ MIN s�M��a����s�w s a 101,11 2ON PHI. H s� . I i 1 i I 1 1 1 - 1 1 L ------------------J THE N/IANSI()NS y _ATACOUALINAti April 28, 2025 Via Email Ninna 1801 Corp, a Florida corporation 17749 Collins Ave Unit 3001 Sunny Isles Beach, FL 33160 Re: Balcony Enclosure Notice – TDR Purchase Address: 17749 Collins Avenue, 3001 Sunny Isles Beach, FL 33160 Owner: Ninna 1801 Corp, a Florida corporation To City of Sunny Isles, CITY Op y \SLES� RECEIVED PZ2025-02 5/1/2025 PLANNING & ZONING DEPT. This letter confirms that 17749 Collins Condominium Association, Inc. (the "Association") is aware that Ninna 1801 Corp, a Florida corporation 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.com. Before me, A/ �I/� Sc�u�s� a Notary Public in and for D�cf. County, State of personally appeared and he being first duly sworn by me upon his oath, says that the facts alleged in the foregoin inns ru a e� (SEAL) (Signed) PABLO PAIVA, SR. MY COMMISSION # HH 444161 EXPIRES: September 14, 2027 Sincerely, //K aJ aAj1-1C VLP-�-NtL Signature Nck-�,e- S. �%�v�J[ 1 �:t�C%ov aE laieSa-Zx1Ce` Mame and Title 7749 Collins Condominium Association, Inc. 17749 Collins Avenue • Sunny Isles Beach, FL 33160 Fonn08.07.15 34 1O4 Ss,NNY sg�E�e 9 = CITY OF SUNNY ISLES BEACH op,°o', NOTICE OF ZONING HEARING �rh os suN �� 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 TUESDAY, JUNE 17, 2025 AT 6:30 P.M., to consider the following Zoning application: Public Hearing #: PZ2025-02 Application: The Mansions at Acqualina Balcony Enclosures for Unit 3001 Applicant: Ninna 1801 Corp Property Location: 17749 Collins Avenue, Unit 3001, 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 3001 by 313 square feet, through the City's TDRs program, by enclosing portions of the unit's balcony. The Site Plan Modification will increase the approved square footage of the Mansions at Acqualina project from 435,699 square feet of FAR to 436,012 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 435,699 square feet to 436,012 square feet. The increase of 313 square feet will only affect dwelling Unit 3001, 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 "Terrace Conversion For: Unit #3001", prepared by Ramos Architects & Associates, stamped received May 1, 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 3001, 17749 COLLINS AVENUE, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof recorded in Official Record Book 29719, Page 2548, as amended from time to time, of the Public Record 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. 35 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: June 17, 2025 RE: Zoning Application for Balcony Enclosure for Property Located at 17749 Collins Avenue, Unit 3001(PZ2025-02) 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 3001 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 435,699 square feet to 436,012 square feet of floor area. Further, the Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 313 square feet of floor area and 0 dwelling units from the City's public TDR bank account. ATTACHMENTS: Resolution Staff Report Applicant Letter of Intent Application Proposed Plans Condominium Letter Public Notice Item Number: 5.A 7 Item Number: 5.A