HomeMy WebLinkAboutZoning Resolution 26-Z-225RESOLUTION NO. 26-Z-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SITE PLAN MODIFICATION APPLICATION (PZ2026-03)
SUBMITTED BY LESLIE EDELMAN, FOR THE PROJECT ENTITLED "ESTATES AT
ACQUALINA" TO DIVIDE THREE EXISTING COMBINED DWELLING UNITS INTO
TWO SEPARATE INDEPENDENT DWELLING UNITS, WHICH WILL INCREASE THE
OVERALL DENSITY FOR THE ESTATES AT ACQUALINA PROJECT FROM 234 TO 235
DWELLING UNITS; 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, Leslie Edelman (the "Applicant") is seeking approval of a Site Plan Modification
(PZ2026-03) to modify the approved site plan for the Estates at Acqualina project which was
approved by the City of Sunny Isles Beach ("City") pursuant to Resolution No. 14-Z-144 passed
and adopted September 18, 2014, and later modified through Resolution No. 15-Z-153,
Resolution No. 18-Z-165, Resolution No. 19-Z-173, and Resolution No. 21-Z-180, and which is
located at the following property:
Legal Description: Condominium Parcel No. TS3405/07 of 777 VIA ACQUALINA, A
CONDOMINIUM, according to the Declaration of Condominium
thereof, recorded December 23, 2021 in Official Records Book
32920, Page 4380 of the Public Records of Miami -Dade County,
Florida, as amended and/or supplemented from time to time,
together with an undivided interest in the common elements
appurtenant thereto.
Condominium Parcel No. TS3406 of 777 VIA ACQUALINA, A
CONDOMINIUM, according to the Declaration of Condominium
thereof, recorded December 23, 2021 in Official Records Book
32920, Page 4380 of the Public Records of Miami -Dade County,
Florida, as amended and/or supplemented from time to time,
together with an undivided interest in the common elements
appurtenant thereto.
Address: 17901 Collins Ave TS3405/07, TS3406
Folio: 31-2202-003-0305 (Reference)
31-2202-086-1360 (Unit TS3405/3407)
31-2202-086-1365 (Unit TS3406)
@ BCL@ 9C164E4E
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37
WHEREAS, pursuant to Sections §265-18 and §265-35 of the City of Sunny Isles Beach
Land Development Regulations, the applicant is seeking to divide the existing combined dwelling
Units 3405, 3406, and 3407 into two separate, independent dwelling Units 3405-07 and 3406,
thereby increasing the overall project density from 234 to 235 dwelling units; and
WHEREAS, on April 16, 2026, the City Commission conducted a public hearing on the site
plan modification application; and
WHEREAS, the public hearing was duly advertised and held as required by law, all
interested parties concerned with the matter were heard, and due and proper consideration was
given to the matter and to the positive recommendation contained in the City's Development
Review Report; and
WHEREAS, the City Commission reviewed the application for site plan modification, the
written and oral recommendations of the Development Services Department, including the
recommended conditions, and hereby finds competent substantial evidence to support a
showing by the Applicant that the request for an approval for a site plan modification is in
compliance with the City's Land Development Regulations and the Comprehensive Plan, and
maintains the basic intent and purpose of the zoning, subdivision or other land use regulations,
which is to protect the general welfare of the public, particularly as it affects the stability and
appearance of the community; and further finds that the application should be granted, subject
to the conditions described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby
ratified and confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Findings and Conclusions. Based upon an analysis of the site plan
application and the standards for approval of a site plan modification under the City's Land
Development Regulations, the City Commission hereby finds and concludes that the Applicant's
request for a site plan modification of the approved site plan under Resolution Nos. 14-Z-144,
15-Z-153, 18-Z-165, 19-Z-173, and 21-Z-180, to
divide the existing combined dwelling Units 3405, 3406, and 3407 into two separate,.
independent dwelling Units 3405-07 and 3406, thereby increasing the overall project
density from 234 to 235 dwelling units
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.
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Section 3. Approval. The Applicant's request for a site plan modification of the
approved site plan under Resolution Nos. 14-Z-144, 15-Z-153, 18-Z-165, 19-Z-173, and 21-Z-180,
to divide the existing combined dwelling Units 3405, 3406, and 3407 into two separate,
independent dwelling Units 3405-07 and 3406, thereby increasing the overall project density
from 234 to 235 dwelling units, 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. The plans reviewed are on -file and may be examined in the City Clerk's Office. The plans
are entitled "Unit TS3405/07 Interior Alteration at "The Estates at Acqualina" (South
Tower)" and "UnitTS3406 Interior Alteration at "The Estates at Acqualina" (South Tower)"
prepared by Design + Architecture Consultants, stamped received on January 26, 2026,
and consisting of eleven (11) sheets. Plans are subject to revisions based upon comments
provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification.
B. 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 Estates 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.
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.
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NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS SUBMITTED ALL
DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND SHALL HAVE PAID ALL FEES DUE
AND OWING PURSUANT TO THE APPLICABLE LAND DEVELOPMENT REGULATIONS.
FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS DOES NOT
CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS SUCCESSORS, OR, ASSIGNS,
DOES NOT PERFORM SUCH CONDITIONS WITHIN FIVE (5) DAYS AFTER WRITTEN NOTICE, THE
CITY RETAINS THE RIGHT TO STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS
MET. BY ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL THESE TERMS
AND CONDITIONS.
Section 5. Authorization of City Manager. The City Manager is hereby authorized to
do all things necessary to effectuate this Resolution.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this Resolution is, for any reason, held invalid or unconstitutional by any Court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining potions of this
Resolution.
Section 7. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall
be and are hereby repealed.
Section 8. Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this � "day of April, 2026.
y- t CITY OF SUNNY I L-ES ACH, FLORIDA
E By its City Com ission
b By:
° Larisa Svechin, Mayor
ATTEST,
d • r.
Maurici Betancu4 CMC, City Clerk
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40
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Alain E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: VrmmTx al Seconded by:r—n��i.�4
Vote:
Mayor Svechin
✓ (Yes)
(No)
Vice Mayor Viscarra
Commissioner Joseph
(Yes)
(No)
(Yes)
(No)
Commissioner Lama
,/ (Yes)
(No)
Commissioner Stuyvesant
w (Yes)
(No)
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41
* �9 y'v`O. ��P
FLO
C'TY OF SUN PNO
CITY OF SUNNY ISLES BEACH
STAFF REPORT
APRIL 16, 2026.
The Estates at Acqualina
Site Plan Modification
I. APPLICATION SUMMARY
Application Number: PZ2026-03
Application Summary: The Applicant is requesting approval to divide an existing
combined unit (Unit 3405-06-07) into two separate units (Units
TS3405/07 and TS3406) at the Estates at Acqualina, South
Tower. The proposed modification results in an increase to
the overall project density from 234 to 235 units and therefore
requires a site plan modification.
Applicant/Owner: Leslie Edelman
17901 Collins Ave 3405,3406 and 3407
Sunny Isles Beach, FL 33160
ATTN: Chris Brook
Page 1 of 8
10
April 16, 2026
PZ2026-03
II. SITE INFORMATION
Address:
17901 Collins Ave TS3405/07, TS3406
Folio: 31-2202-003-0305 (Reference)
31-2202-086-1360 (Unit TS3405/3407)
31-2202-086-1365 (Unit TS3406)
Land Area: 243,978 sq. ft. (5.60 acres)
Condo Unit Area: 12,809 sq. ft.
Legal Description: Condominium Parcel No. TS3405/07 of 777 VIA
ACQUALINA, A CONDOMINIUM, according to the
Declaration of Condominium thereof, recorded December 23,
2021 in Official Records Book 32920, Page 4380 of the Public
Records of Miami -Dade County, Florida, as amended and/or
supplemented from time to time, together with an undivided
interest in the common elements appurtenant thereto.
Condominium Parcel No. TS3406 of 777 VIA ACQUALINA, A
CONDOMINIUM, according to the Declaration of
Condominium thereof, recorded December 23, 2021 in
Official Records Book 32920, Page 4380 of the Public
Records of Miami -Dade County, Florida, as amended and/or
supplemented from time to time, together with an undivided
interest in the common elements appurtenant thereto.
Future Land Use: Mixed Use - High Density Resort
Zoning District: Mixed Use - Resort (MU-R)
Site Description: The Estates at Acqualina project was approved by City
Commission on September 18, 2014 under City Resolution
No. 14-Z-144 and the Project has been modified several
times, which is summarized in the below table:
Application #
Request
Total Units
FAR
Square Feet
Resolution #
PZ2014-09
Site plan approval & TDR purchase
190
4.46
1,089,300
14-Z-144
2014-2303
Major mod - increase density,
PZ2015-08
decrease FAR, allow off -site parking
264
4.45
1,085,205
15-Z-153
Major mod - reduction in density,
18-Z-165
PZ2018-01
increase FAR, TDR purchase
248
4.83
1,179,384
2018-2883
2018-2882
Page 2 of 8
11
April 16, 2026
PZ2026-03
Application #
Request
Total Units
FAR
Square Feet
Resolution #
Major mod - reduction in density,
PZ2019-08
246
4.83
1,179,384
19-Z-173
increase height
Major mod - reduction in density,
21-Z-180
PZ2021-04
245
4.88
1,191,245
increase in FAR, TDR purchase
2021-3196
Minor mod - reduction in density
PZ2022-01
(ST Unit 3405,3406 & 3407 combined)
233
4.88
1,191,245
Minor mod - change in density
PZ2023-04
(ST Unit 4106, 4107 separated)
234
4.88
1,191,245
Minor mod - reduction in FAR
PZ2024-02
(Decreased enclosed square footage
234
4.87
1,188,801
of several units)
Minor mod - increase in FAR
PZ2024-06
(Enclose AVRA restaurant outdoor
234
4.88
1,190,679
dining terrace)
Minor mod - increase in FAR
PZ2025-07
(Enclose NT PH-51 southwest terrace
234
4.88
1,191,067
and enclose ST PH-01 saunas)
Adjacent Properties:
Existing Use
Zoning
Future Land Use Map
North
Trump International Beach Resort
MU-R
Mixed Use -High Density Resort
East
Atlantic Ocean
N/A
Water
South
Acqualina Ocean Resort &
MU-R
Mixed Use -High Density Resort
Residences
Government Center
CF
Community Facilities
West
Chevron Gas Station
B-1
Mixed Use - Business
Ill. REQUESTS
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 divide
the existing combined unit (Unit 3405-06-07) into two separate, independent units (Units
3405-07 and 3406). This modification results in an increase in the overall project density
from 234 to 235 units.
IV. COMPREHENSIVE PLAN REVIEW:
The following policies are being met through this project:
Page 3 of 8
12
April 16, 2026
PZ2026-03
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:
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, apartment
hotels, as well as residential apartments. Conference facilities and retail uses such
as restaurants, and other convenience services and specialty goods are permitted
provided they are accessory to the development. Utility, communications,
community and recreation facilities serving the community are also allowed.
This category allows a maximum as -of -right density of:
• One hundred (100) apartment hotel units per gross acre; and
• Fifty (50) dwelling units per gross acre for apartments
This category allows a base floor area ratio (F.A.R.) intensity of 2.5 without the
application of bonuses and/or transfer of development rights. 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 shall not exceed
eighty (80) units per gross acre for solely apartments and one hundred twenty five
(125) units per gross acre for apartment hotels, exclusive of lockout rooms. A
maximum F.A.R. with bonuses may not exceed 4.6.
The maximum permitted density and intensity in this category with bonuses and
transfer of development rights is 104 dwelling units per gross acre for apartments,
162 apartment hotels per gross acre, and an F.A.R. of 5.98.
Comment: With the proposed modification to increase the number of residential
units from 234 to 235, the Estates at Acqualina project remains consistent with the
maximum allowable density permitted under the Mixed Use - High Density Resort
Future Land Use designation. The resulting density is 42 dwelling units per acre,
and there is no change to the project Floor Area Ratio (FAR), which remains at 4.88.
V. ZONING REVIEW
The following is an analysis of the proposed site plan with the applicable site development
standards of the MU-R, "Mixed Use - Resort" zoning district, and other applicable Land
Development Regulations.
The plans reviewed are on -file and may be examined in the City Clerk's Office. The plans
are entitled "Unit TS3405/07 Interior Alteration at "The Estates at Acqualina" (South
Tower)" and "Unit TS3406 Interior Alteration at "The Estates at Acqualina" (South Tower)"
prepared by Design + Architecture Consultants, stamped received on January 26, 2026,
and consisting of eleven (11) sheets.
Page 4 of 8
13
April 16, 2026
PZ2026-03
Units 3405, 3406, and 3407 were approved as three separate units in 2021 and
subsequently combined into a single unit (Unit 3405-06-07) in 2022. The current
application requests approval to subdivide the existing one unit into two separate units
(Units TS3405/07 and TS3406).
The proposed modification results in a density of approximately 42 dwelling units per acre,
which remains below the maximum permitted density under the MU-R zoning district.
Maximum Dwelling 50 Base
Units per Acre 80 with Bonuses 42 DU/AC (235 total)
104 Bonuses + TDRs
Staff finds that the requested modification to the previously approved site plan is
consistent with the Minor Modification criteria set forth in City Code Section 265-18(I)(2).
The proposed number of units remains below that approved by the City Commission
under Major Modification Application PZ2021-04, pursuant to Resolution No. 21-Z-180,
summarized below:
Application#
Request
Total Units
FAR
Square Feet
Resolution #
Major mod - reduction in density,
21-Z-180
PZ2021-04
increase in FAR, TDR purchase2021-3196
245
4.88
1,191,245
Staff has determined that the requested modification does not result in any changes to
lot coverage, floor area ratio (FAR), setbacks, building height, lighting, signage, or
landscaping. The modification does not require a variance, increase the number of
vehicular trips, decrease the value of any improvement or amenity, or result in the
modification or cancellation of any condition placed upon the site plan as originally
approved. Following the increase in density, the required parking is 510 spaces, whereas
the project provides a total of 820 parking spaces.
FINAL ANALYSIS
Based on the above review, the application is consistent with the City's Comprehensive
Plan and Land Development Regulations. The proposed site plan modification involves
the division of an existing combined unit (Unit 3405-06-07) into two separate units (Units
3405-07 and 3406), resulting in an increase in the overall project density from 234 to 235
units. The proposed modification does not exceed the number of units previously
approved by the City Commission under Major Modification Application PZ2021-04,
pursuant to Resolution No. 21-Z-180, which was 245 units.
Page 5 of 8
14
April 16, 2026
PZ2026-03
Staff has compiled the relevant facts of the requested site plan modification and
recommends the application be presented to the City Commission for consideration.
VII. CONDITIONS
If the City approves this application, the application will be subject to the following
conditions:
The plans reviewed are on -file and may be examined in the City Clerk's Office. The
plans are entitled "Unit TS3405/07 Interior Alteration at "The Estates at Acqualina"
(South Tower)" and "Unit TS3406 Interior Alteration at "The Estates at Acqualina"
(South Tower)" prepared by Design + Architecture Consultants, stamped received on
January 26, 2026, and consisting of eleven (11) sheets. Plans are subject to revisions
based upon comments provided by zoning staff of the City of Sunny Isles Beach. Plans
are subject to modification.
2. 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.
3. 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.
4. 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 Estates at
Acqualina Condominium Association.
5. 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.
6. 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.
7. That the Applicant complies with all City Ordinances, County, State and Federal Laws
and Regulations applicable to development and permit approvals.
Page 6 of 8
15
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April 16, 2026
PZ2026-03
Future Land Use Map
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Low Density Residential
® Low to Medium Density Residential
Medium Density Residential
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® Mixed Use - High Density Resort
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Mixed Use -Business
Neighborhood -Business
Community Facilities
Recreation - Open Space
0 Conservation
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Town Center
(END)
Page 8 of 8
17
NVGD
NEW VISION CONSTRUCTION + DESIGN, LLC
NEW VISION CONSTRUCTION & DESIGN
5931 Ravenswood Road A-19, Fort Lauderdale, FL 33312
January 21, 2026
City of Sunny Isles Beach Planning and Zoning Department
18070 Collins Avenue Sunny Isles Beach, FL 33160
LETTER OF INTENT
� �SLESe
OO11IM
RECEIVED
PZ2026-03
1 /26/2026
PLANNING & ZONING DEFT.
Re: Letter of Intent for Site Plan Minor Modification Project: Unit Separation - The Estates at Acqualina
(South Tower)
Property Address: 17901 Collins Avenue, Unit TS3406 / 3405-07, Sunny Isles Beach, FL 33160
To Whom It May Concern,
Please accept this letter and the attached documents as a formal application for a Site Plan Minor
Modification for the above -referenced property.
Project Description: We are proposing an interior alteration to the existing residential unit located on the
34th floor of The Estates at Acqualina (South Tower). The primary scope of this project is to divide the
currently combined unit (Unit 3405-06-07) into two separate, independent units (Unit 3405-07 and Unit
3406).
Scope of Modification: As detailed in the attached architectural plans prepared by DAC Consultants, the
work includes:
• Demising Wall: Construction of a new fire -rated demising wall to separate the units.
• Vestibule Configuration: Creation of a new vestibule and gallery area as noted in the proposed
floor plan.
Door Modifications: Removal and relocation of existing doors, and reconfiguration of existing
rated doors from service corridors to access the newly separated spaces.
• Wall Closures: Closing of existing wall openings between Bedroom 6 and Master Bedroom 2, as
well as openings between Bedroom 9 and the Den, to ensure complete separation of the Living spaces.
ALL work will be performed in full compliance with the Florida Building Code and the Florida Fire
Prevention Code.
We respectfully request your review and approval of this minor modification.
Sincerely,
Chris Brook
Owner
FL License: CBC1259241
5931 Ravenswood Rd. A-19 Fort Lauderdale, FL 33314
PH: (954) 709-6360 18
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C''Y OFSUN PLO
SITE PLAN MINOR MODIFICATION APPLICATION
§ 265-18-I. (2)
Project Name: Edelman
2. Name of Applicant Leslie Edelman
Application # Fz2-0'
Date Received
Initials
,M OF
y �SLESe
jJ�«
RECEIVED
PZ2026-03
1/22/2026
PLANNING & ZONING DEFT.
a. If applicant is the owner, give name exactly as recorded on deed.
b. The property owner and/or applicant hereby waive, release, indemnify, hold harmless,
and forever discharge the City of Sunny Isles Beach from any and all claims, losses,
demands, contracts, expenses, cause of action, lawsuits, damages and liabilities, of
every kind and nature, whether known or unknown, in law or equity, liability as to
any claims that may arise from this application.
3. Applicant Mailing Address 17901 Collins Ave unit 3405-06-07
City Sunny Isles Bch State FI Zip 33160
Tel # (during. working hours) 6462700278 Other
4. Name of Property Owner Leslie Edelman
Mailing Address 17901 Collins Ave unit 3405-06-07
City sunny Isles Bch State Fl Zip 33160
Tel # (during working hours) Other
Contact Person Chris Brook ��¢�,aJis ionc av�3 } v t�c� i Q.7 cles'►o i. c�3 i!b of i • c M
Mailing Address 5931 Ravenswood Rd
City Dania Beach State FI Zip 33312
Tel. # (during working hours) 954-709-6360 Other
6. Address or location of subject property: 17901 Collins Ave unit 3405-06-07, Sunny Isles Bch, FI 33160
Requirements:
a. Letter of Intent explaining the proposed minor modification to a previously
approved plan.
b. Site plan drawings showing the details of the proposed minor modification.
c. Non-refundable payment of $4,000.00 made to the City of Sunny Isles Beach.
8. Information about site plan/public hearing previously approved:
Applicant's name A3 Development, LLC
Date of hearing May 12, 2025
Nature of hearin l Minor Modification for increase of sq ft
Decision of hearing Approved
Resolution # Pz2025-07
City of Sunny Isles Beach
Planning and Zoning Department
19
SIGNATURE OF OWNER (APPLICANT) C DATE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
TN -
The foregoing instrument was acknowledged before me this �� day of ITANU
20 ? , by on behalf of
a Florida (corporation) (partnership)
(other) He/She is personally known to me or has
produced (type of identification produced) as identification
produced and did take an oath.
My Commission Expires:
Notary Public, State of Florida at Large
Print Name: Ac►Jr'I? AN Qr-i<w�j
Andrew A. K2hn
44.° Comm.: HH 339475
g."' fExpires:0ecember7,2626
'� Notary Public -State of Flarlda
City of Sunny Isles Beach Planning and Zoning Department
2
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A3 Development, LLC
17895 Collins Avenue
Sunny Isles Beach, FL 33160
February 17, 2026
Mr. Leslie Edelman
17901 Collins Avenue, TS-34
Sunny Isles Beach, FL 33160
Re: Approval —Level 34 Unit Separation, 777 Via Acqualina, The Estates at Acqualina
Dear Mr. Edelman or To Whom It May Concern:
This letter confirms A3 Development, LLC's ("Developer") approval of your proposal to
separate the combined unit at Level 34 of the South Tower, located at 17901 Collins Avenue,
Sunny Isles Beach, FL 33160, into two individual condominium units (the "Modification").
Developer understands that 777 Via Acqualina Condominium Association, Inc. ("Association")
has separately approved the Modification. Upon information and belief, it is Developer's
understanding from the City of Sunny Isles Beach that the Modification has been classified as a
minor site plan modification under the Project's last major Commission approval (PZ2021-04),
and will result in an increase in Project density from 234 to 235 units. Upon information and
belief, it is Developer's further understanding the Modification should not affect the Project's
TDR position or the Developer's existing certificate of occupancy requirements, other than the
requirement that Units' as -built plans reflect the revised units configurations.
This approval is provided by Developer, subject to, and conditioned upon, Mr. Edelman's
execution of the Developer Indemnification and Hold Harmless Agreement of even date
herewith.
Very truly yours,
On behalf of,
A3 DEVELOPMENT, LLC
a Florida limited liability company
0
M
DEVELOPER INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
This Developer Indemnification and Hold Harmless Agreement (this "Agreement") is entered into as of
February 17, 2026, by and between A3 Development, LLC, a Florida limited liability company ("Developer"),
and Leslie Edelman ("Owner"), the owner of the combined unit TS-34 (the "Unit") in 777 Via Acqualina, A
Condominium, located at 17901 Collins Avenue, Sunny Isles Beach, FL 33160, located in Sunny Isles Beach,
Florida.
RECITALS
A. Owner proposes to separate the Unit from one single condominium unit into two individual
condominium units (the "Modification").
B. The Modification requires, among other things, a minor site plan modification to the Developer's
approved site plan with the City of Sunny Isles Beach (the "City"), the filing of new permits and revised as -built
plans, and the Developer's written approval, which Developer is providing by separate letter of even date herewith
conditioned on this Agreement.
C. Developer and Owner desire to allocate all costs, obligations, and liabilities arising from the
Modification as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable
consideration, the parties agree as follows:
1. Owner's Sole Responsibility for Costs. Owner shall bear sole and exclusive responsibility for, and shall
promptly pay within fifteen (1 S) days of receiving an itemized invoice, all reasonable and documented costs,
fees, and expenses directly arising out of or related to the Modification, including without limitation: (a) all
City application, permit, City imposed conditions or requirements, and filing fees; (b) all costs to prepare,
file, and process revised architectural, engineering, and as -built plans; (c) all costs associated with the minor
site plan modification approval process before the City; (d) any reasonable costs incurred in connection with
the closure, amendment, or reissuance of the Developer's master building permits or site plan approvals to
reflect the Modification; (e) any reasonable and documents costs incurred by Developer's consultants,
engineers, attorneys, or other professionals in connection with the Modification, and (f) any internal costs
and expenses incurred by Developer in connection with responding to any governmental authority's
requirements or inquiries arising from or related to the Modification (collectively, "Modification Costs").
Developer shall use good -faith efforts to provide Owner with advance written notice and a good faith cost
estimate for any anticipated Modification Costs exceeding $10,000.00 in the aggregate. Notwithstanding the
foregoing, Developer's failure to provide advance notice or a cost estimate shall not constitute a waiver of, or
otherwise preclude Developer from recovering, any Modification Costs otherwise due and payable under this
Section 1.
2. Indemnification. Owner shall defend, indemnify, and hold harmless Developer and its members, managers,
officers, employees, agents, successors, and assigns (collectively, "Developer Parties") arising from and
against any and all third party claims, demands, imposed requirements, conditions, liabilities, losses, costs,
and reasonable expenses (including reasonable attorneys' fees actually incurred) related to: (a) the
Modification, including any governmental action or third -party claim resulting from the Modification, but
excluding any claims from Developer's willful misconduct, or breach of this Agreement; (b) any increase in
regulatory requirements, TDR obligations, density -related costs, or additional dwelling unit charges triggered
by the Modification and not by any action or omission of the Developer that is unrelated to the Modification;
Page 1 of 4 LQ__�
T
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(c) any impact on the Developer's final certificate of occupancy for the Project resulting from the
Modification, including any reasonable costs to satisfy revised as -built or permit closeout requirements
necessitated by the Modification; (d) any failure by Owner to timely complete or obtain approval of the
Modification; and (e) any claim, demand, action, or assertion of hardship brought by or through 777 Via
Acqualina Condominium Association, Inc., The Estates Master Association, Inc., and 888 Via Acqualina
Condominium Association, Inc. (collectively, the "Associations") or any unit owner, to the extent such claim
arises from the Modification itself, whether arising from the Association's approval of the Modification, any
common element impact, shared cost allocation, structural or mechanical concern, or any other consequence
attributable to the Modification. Owner acknowledges that Developer has not independently evaluated the
Association's approval of the Modification and that Developer's approval herein is given in reliance on
Owner's representations that proper Associations' approval has been obtained and that the Modification
complies with the 777 Via Acqualina Declaration of Condominium and all applicable law. Developer's
approval shall not be construed as a warranty or representation regarding the adequacy of the Association's
approval process or the Modification's compliance with the Declaration or applicable law. The obligations of
this Section 2 shall survive the closing of any sale or transfer of the Unit, and the issuance of the certificate
of occupancy. The obligations of this Section 2 shall survive until the expiration of all applicable statutes of
limitations and repose under Florida law governing any claim, action, or proceeding arising out of or related
to the Modification. Owner shall have the right to participate in any indemnified matter hereunder and to be
represented by counsel of its own choosing and at its own expense. No settlement of a matter indemnified
hereunder shall be entered without the Owner's advance written consent, which shall not be unreasonably
withheld, conditioned, or delayed. Owner shall not settle any indemnified matter hereunder on Developer's
behalf, without the Developer's prior written consent.
No Impact on CO or Re ug latory Standing. Owner acknowledges that Developer's approval is conditioned on
the Modification not causing any adverse effect on Developer's ability to obtain its final certificate of
occupancy for the Project or any other pending regulatory approvals, provided that Developer shall provide
Owner with prompt written notice of any potential adverse effect upon becoming aware of it. In the event the
City or any governmental authority imposes additional requirements on Developer as a result of the
Modification, Owner shall be solely responsible for timely and promptly satisfying or funding the satisfaction
of such requirements at no cost, condition, or delay to Developer.
4. TDRs and Density. In the event any governmental reinterpretation, results in additional TDR purchases or
density -related charges to Developer, Owner shall be responsible for all resulting costs.
As -Built Drawings. CO Closeout Obligation. Owner shall deliver to Developer fully completed, City
compliant as -built drawings for the separated units within seven (7) days of written request by Developer (the
"As -Built Deadline"). Time is of the essence with respect to the As -Built Deadline. If Owner fails to deliver
conforming as -built drawings by the As -Built Deadline, Developer shall have the right, but not the obligation,
to obtain such drawings at Owner's sole cost and expense„ and Owner shall reimburse Developer for all costs
incurred in connection therewith within fifteen (15) days of written demand. The obligations of this Section
5 are material to Developer's ability to obtain its final certificate of occupancy and shall survive the closing
of any sale or transfer of the Unit, the issuance of the certificate of occupancy for the Level 34 Units, and the
termination or expiration of this Agreement.
b; Owner's Renresentations and Warranties. To the best of Owner's knowledge, Owner represents and warrants
to Developer that: (a) the approval of the Modification by the, Association is valid, binding, and in full force
and effect, and has not been revoked, modified, or challenged; (b) Owner has full authority under the
Declaration of Condominium and all applicable governing documents to undertake the Modification; (c) the
Page 2 of 4 IK
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Modification complies in all respects with the Declaration of Condominium, the Association's governing
documents, and all applicable laws, codes, and regulations; and (d) Owner has disclosed to Developer all
material facts relating to the Modification and the Association's approval thereof. Owner acknowledges that
Developer is relying on these representations and warranties in providing its approval hereunder.
7. Owner's CO Closeout Cooperation. Owner shall fully cooperate with Developer in connection with
Developer's certificate of occupancy closeout process as it pertains to the Unit, separation of the Unit, and
the Modification, including without limitation: (a) providing timely access to the Unit for inspections required
by the City or Developer's consultants; (b) promptly executing any documents, applications, or consents
required by the City or other governmental authority in connection with the closeout of Developer's master
building permit; (c) refraining from any action that would delay, impair, or complicate the issuance of
Developer's final certificate of occupancy; and (d) timely providing the Developer with the As -Built
Drawings. Any costs incurred by Developer as a result of Owner's failure to cooperate in the certificate of
occupancy close out process for the Unit, as modified, shall be borne solely by Owner and reimbursed to
Developer within fifteen (15) days of written demand. The obligations of this Section 7 shall survive the
closing of any sale or transfer of the Unit, the issuance of the certificate of occupancy, and the termination or
expiration of this Agreement.
8. Developer's Cooperation with Owner. Developer shall have no obligation to take any action in connection
with the Modification that could adversely affect its regulatory standing, permits, or certificate of occupancy,
and Owner agrees to reimburse Developer for any out-of-pocket costs incurred in connection with any
cooperation on the Modification within fifteen (15) days of written demand.
9 No Waiver of Rights. Nothing in this Agreement shall be construed as a waiver of any rights Developer may
have under the 777 Via Acqualina Declaration of Condominium, the Purchase Agreement between the parties,
or applicable law.
10. Assignment. Developer may assign its rights and obligations under this Agreement to any successor
developer, affiliate, or entity responsible for obtaining the Project's final certificate of occupancy, without
Owner's consent. Owner may not assign or transfer any of its obligations under this Agreement without
Developer's prior written consent, which may be withheld in Developer's sole discretion.
11. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Florida. Any disputes
shall be resolved exclusively with venue in the courts of Miami -Dade County, Florida.
12. Entire Agreement. This Agreement, together with the Approval Letter of even date, constitutes the entire
agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions. This
Agreement may not be modified except by a written instrument signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
A3 DEVELOPMENT, LLC,
a Florida limited liability company
By:
Name: +,,,
Title: Authorized Representative
Page 3 of 4 LW
M
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LESLIE EDELMAN:
Name: Leslie Edelman
Page 4 of 4
December 16, 2025
Via Email- Hand Delivered
Leslie Edelman
17901 Collins Ave #3405/06/07
Sunny Isles Beach, FL 33160
Re: Modifications/ Alterations Approval
Address: 17901 Collins Avenue Unit 3405/06/07, Sunny Isles Beach, FL 33160
Owner: Leslie Edelman
Contractor: New Vision Construction and Design
To Whom It May Concern:
This letter confirms that 777 Via Acqualina Condominium Association, Inc. (the "Association") has
received the required license and insurance information for New Vision Construction and Design
("Contractor"), in connection with die "Proposed Work" (as defined below) to be performed in the
Unit. The Board of Directors of the Association grants permission to the Contractor to submit an
application for a building permit with the City of Sunny Isles Beach, Florida (the "City"), for the
Proposed Work.
The "Proposed Work" shall consist of remodeling to create a new parcel from existing parcel as
indicated per the plan sheets A0.00, A1.01, A2.01, E1, E2, M1, M2, MD 1 dated 06-07-2024, submitted
to the Association on December 15, 2025 consisting of eight pages (the "Plans") and reviewed by the
Falcon Group (see enclosed Owner Improvement Letter dated December 15, 2025). The Proposed
Work shall be performed in accordance with all applicable and relevant provisions of the Declaration
of the Condominium, recorded in the Official Records Boot; 32920, Page 4380-4584 of the Public
Records of Miami -Dade County, Florida, and the Contractor & Vendor Work Policy ("Policy")
included in the Rules and Regulations for 777 Via Acqualina Condominium Association, Inc.
(collectively the "Condominium Documents").
The Association's approval of the Proposed Work, is conditioned upon the following:
1. Contractor performing the Proposed Work in accordance with the PIans and Condominium
Documents;
2. Contractor pulling alI necessary permits as required by the City and governmental authorities;
and
3. Upon completion of the Proposed Work, providing the Association with a Certificate of
Completion from the Sunny Isles Beach Building Department, demonstrating that the
Proposed Work was completed in accordance with the preliminary approval granted by the
Association.
Forrn06.24.2022 17901 Collins Avenue • Sunny Isles Beach, FL 33160
34
Should you have any questions concerning the foregoing, please do not hesitate to contact:
Nicholas Demitry, Director of Residences (South Tower)
305-419-2033
n.ichc,lasd(ii'cs tatcsataccli.�alina.c�»n.
Sincerely,
777 Via Acqualina Condominium Association, Inc.
1 ature
Name and Title
State of Florida
)ss:
County of Miami -Dade , )
The Ic�egoing Modifications/Alternations
day _ of ,Do
letter was acknowledged before me this
2025, by
[Name]_ t"ouA 1a}ron �'uv�� as _[title] QceildtnL of
777 Via Acqualina Condominium Association, Inc., on behalf of said not -for -profit corporation,
[J-] being personal. known to me who is personally known to me or [] has produced a driver's
license as identification.
[NOTARY SEAL]
Encl.
cc:
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The Falcon Group letter dated December 15, 2025
File
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Print Name: rwe- &,-
Notary Public, State of Florida
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35
O� SJNNY \�eSe
CITY OF SUNNY ISLES BEACH
1. Losr NOTICE OF ZONING HEARING
car'' o. suN'ao
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 16, 2026 AT 6:30 P.M., to consider the following Zoning application:
Public Hearing #: PZ2026-03
Application: Estates at Acqualina Site Plan Modification
Applicant: Leslie Edelman
Property Location: 17901 Collins Ave 3405, 3406 and 3407, Sunny Isles Beach, FL 33160
-Folio: 31-2202-086-1360, 31-2202-086-1365, 31-2202-003-0305 (Reference)
Size of Property: 243,978 sq. ft. (5.60 acres)
Zoning District: MU-R (Mixed Use - Resort District)
Summary: The applicant is requesting approval to divide an existing combined unit (Unit 3405-06-07) into two separate units
(Units 3405-07 and 3406) at the Estates at Acqualina South Tower. The proposed modification results in an increase to the
overall project density from 234 to 235 units and therefore requires a site plan modification.
Request: Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the applicant is
requesting approval of a site plan modification to allow an increase in the total number of residential units from 234 to 235
units.
The plans reviewed are on -file and may be examined in the City Clerk's Office. The plans are entitled "Unit TS3405/07 Interior
Alteration at "The Estates at Acqualina" (South Tower)" and "Unit TS3406 Interior Alteration at "The Estates at Acqualina"
(South Tower)" prepared by Design + Architecture Consultants, stamped received on January 26, 2026, and consisting of
eleven (11) sheets. Plans are subject to revisions based upon comments provided by zoning staff of the City of Sunny Isles
Beach. Plans are subject to modification.
Legal: Condominium Parcel No. TS3407 of 777 VIA ACQUALINA, A CONDOMINIUM, according to the Declaration of
Condominium thereof, recorded December 23, 2021 in Official Records Book 32920, Page 4380 of the Public Records of
Miami -Dade County, Florida, as amended and/or supplemented from time to time, together with an undivided interest in the
common elements appurtenant thereto.
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 written comments and questions will be made part of the record at the meeting. All written
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, it is the responsibility of such person 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 the 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.
K��
c, rya
TY aF sup �'
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 16, 2026
RE: Site Plan Modification for the Estates at Acqualina Located at 17901 Collins
Avenue to Divide UnitTS3405/06/07 (PZ2026-03)
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, Leslie Edelman, is requesting approval to divide an existing combined unit (Unit
TS3405/06/07) into two separate units (Units TS3405/07 and TS3406) at the Estates at Acqualina,
South Tower. The proposed modification results in an increase to the overall project density from 234 to
235 units and therefore requires a site plan modification. There is no change to the project floor area.
ATTACHMENTS:
Staff Report
Applicant Letter of Intent
Application
Proposed Plans
Developer Letter
Association Letter
Public Notifice Flyer
Resolution
Item Number: 5.A
9