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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 Page 1 of 5 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. @BCL@9C164E4E Page 2 of 5 38 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. @BCL@9C164E4E Page 3 of 5 39 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 @BCL@9C164E4E Page 4 of 5 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) @BCL@9C164E4E Page 5 of 5 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 %� i � �I �,:'lc),C �, r z c)l i.ixr�f � �y�1�. ___ April 16, 2026 PZ2026-03 Future Land Use Map l CITY Op I LE/6,� � - I may\ > A1A (:7 � s: f j 78th : St L Low Density Residential ® Low to Medium Density Residential Medium Density Residential Ej Medium to High Density Residential ® Mixed Use - High Density Resort _ Mixed Use -Business Neighborhood -Business Community Facilities Recreation - Open Space 0 Conservation IVA 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 O SJT4NY'S`F�d i F n ?SE, 9y)*FLo�,O Sir 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. 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Rd rn N 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 M (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 N M 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 M 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: «,RYP1 Expires v �i 2/2/2029 �s '(n Mike Rev Myy Commission 4 �7x HW 63500 �II IWO 0. The Falcon Group letter dated December 15, 2025 File 14 k- �XA Print Name: rwe- &,- Notary Public, State of Florida lily Commission Expires: Z I1 I t O74 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