HomeMy WebLinkAboutZoning Resolution 16-Z-159 RESOLUTION NO. 16-Z - 159
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING A SITE
PLAN MODIFICATION APPLICATION SUBMITTED BY RUSLAN
KRIVORUCHKO ("APPLICANT") TO ENCLOSE A BALCONY AT
THE 44T" LEVEL OF MANSIONS OF ACQUALINA WITH AN
INCREASE OF FLOOR AREA RATIO ("FAR") OF 361 SQUARE
FEET, FOR A TOTAL OF 431,666 SQUARE FEET OF FAR;
PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE.
I. RECITALS
WHEREAS, the Applicant Ruslan Krivoruchko (the "Applicant") is applying for a
modification of the approved site plan for The Mansions at Acqualina project that was approved
by the City Commission on December 22, 2011 under City Resolution No. 11-Z-124 and later
modified and approved on March 15, 2012, under City Resolution No. 12-Z-127; and
WHEREAS,the Applicant is seeking approval of a site plan modification for the Mansions
at Acqualina project consisting of a balcony enclosure at the 44th level with an increase of Floor
Area Ratio ("FAR") of 361 square feet, for a total of 431,666 square feet of FAR, and has
submitted a site plan modification application (Application No. PZ2016-08) to the City of Sunny
Isles Beach, Florida requesting the following:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a site plan modification to an approved site plan
for an increase in square footage from 431,305 square feet to 431,666 square feet of Floor
Area Ratio ("FAR") for the purposes of enclosing a balcony.
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the approval of the purchase of 361 square feet of
TDRs from the City's TDR Bank.
Legal Description: Portion of Govt. Lot 6 Tatum's Ocean Park Subdivisions (PB 10-
64) N 100 ft. of Tract 4 East of State Route AlA and S 100 ft. of
Tract A (PB 35-51) Int. in common elements off Rec 29719-2548
ADDRESS: 17749 Collins Avenue, Sunny Isles Beach, FL 33160
FOLIO: 31-2211-083-0830, 31-2211-083-0400
31-2211-083-0001 (Reference)
16-Z- The Mansions at Acqualina Major Mod 1
WHEREAS, on September 15, 2016, the City Commission conducted a public hearing on
this site plan modification application; and
WHEREAS, the public hearing of the City Commission was advertised and held as
required by law, all interested parties concerned in the matter were heard, and due and proper
consideration was given to the matter and to the positive recommendation contained in the City's
Community Development Department Review Report; and
WHEREAS, notice was provided to all interested parties regarding the site plan
modification application; and
WHEREAS, the City Commission reviewed the site plan modification application, the
written and oral recommendations of the Zoning Administrator of the Community Development
Department, including the recommended conditions, and finds substantial competent evidence to
support a showing by the Applicant that the request for site plan modification is in compliance
with the Land Development Regulations and the Comprehensive Master Plan of the City 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 said request 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, FLORIDA, AS FOLLOWS:
II. INCORPORATION OF RECITALS
All recitals above are incorporated into the body of this Resolution as if same were fully set forth
herein.
III. FINDINGS AND CONCLUSIONS:
Based on an analysis of the application and the standards for approval for a site plan modification
under the Land Development Regulations, the City Commission makes the following findings and
conclusions:
A. The Applicant's request for a site plan modification of the approved site plan under City
Resolution No. 11-Z-124,adopted on December 22,2011,and later modified and approved
under City Resolution No. 12-Z-127, on March 15, 2012,to enclose a balcony is consistent
with the Comprehensive Plan and Land Development Regulations of the City of Sunny
Isles Beach.
IV. APPROVAL
A. The Applicant's request for a site plan modification of the approved site plan under City
Resolution No. 11-Z-124, adopted on December 22,2011,and later modified and approved
under City Resolution No. 12-Z-127, on March 15, 2012, to enclose a balcony is hereby
16-Z- The Mansions at Acqualina Major Mod 2
approved subject to all conditions set forth in Section V below. The site plan approval
under City Resolution No. 11-Z-124, adopted on December 22, 2011, and later modified
and approved under City Resolution No. 12-Z-127,on March 15,2012, is deemed modified
by the plans set forth in Condition No. 1 in Section V below.
V. CONDITIONS
Conditions to be completed before demolition, below grade or building permits are
issued.
1. That the plans in the approval be substantially in accordance with that submitted for public
hearing, which are entitled "Mansions at Acqualina", prepared by Cohen, Freedman,
Encinosa & Associates Architects, P.A. stamped received September 2, 2016, consisting
of 3 sheets, and renderings prepared by CFE Architects, PA stamped received August 10,
2016, consisting of 4 sheets.
2. All conditions enumerated under the aforementioned Resolution Nos. 11-Z-124 and 12-Z-
127 shall remain in effect, as applicable.
3. That the Applicant submit evidence of purchase of the required 361 square feet and 0 units
of Transfer Development Rights ("TDRs") subject to the Site Plan Approval. That the
Applicant provide the City with a non-refundable deposit in the amount of ten percent
(10%) of the approved purchase price of $45,125 for the Transfer Development Rights
("TDRs")purchased from the City's TDR Bank. The total amount of the deposit is $4,513.
Failure to pay the required deposit within the three (3) working days of approval of the
Transfer Development Rights ("TDRs'') application and site plan application shall result
in an automatic voiding of the City Commission approval of the Receiving Site, transfer of
Transfer Development Rights ("TDRs"), and site plan approval.
4. Upon the submittal of an application for a building permit, the plans submitted shall be
approved by the Community Development 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.
5. 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.
6. That the Applicant complies with all City Ordinances, County, State and Federal Laws and
Regulations applicable to development and permit approvals.
16-Z- The Mansions at Acqualina Major Mod 3
NO BUILDING PERMIT SHALL BE ISSUED UNLESS THE APPLICANT HAS
SUBMITTED ALL DOCUMENTS REFERRED TO UNDER THIS RESOLUTION AND
SHALL HAVE PAID ALL IMPACT FEES, BONUSES AND PROFESSIONAL FEES (AS
PER SECTION 267-4 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH) AND
ALL OTHER FEES DUE AND OWING PURSUANT TO THE APPLICABLE LAND
DEVELOPMENT REGULATIONS, AND SHALL HAVE SUBMITTED PAYMENT TO
THE CITY FOR ALL TRANSFER OF DEVELOPMENT RIGHTS, OR SHALL HAVE
OTHERWISE PRODUCED EVIDENCE THAT THE PERMITTED PRIVATE
DEVELOPMENT RIGHTS AS SET FORTH HEREINABOVE HAVE BEEN
TRANSFERRED.
FAILURE BY THE CITY TO TIMELY ENFORCE ANY OF THE ABOVE CONDITIONS
DOES NOT CONSTITUTE A WAIVER OF THE SAME AND IF THE APPLICANT, ITS
SUCCESSORS, OR, ASSIGNS, DOES NOT PERFORM SUCH CONDITIONS WITHIN
FIVE (5) DAYS AFTER WRITTEN NOTICE, THE CITY RETAINS THE RIGHT TO
STOP CONSTRUCTION, IF NECESSARY, UNTIL THAT CONDITION IS MET. BY
ACTING UNDER THIS APPROVAL, APPLICANT HEREBY CONSENTS TO ALL
THESE TERMS AND CONDITIONS.
VI. AUTHORIZATION OF CITY MANAGER
The City Manager is hereby authorized to do all things necessary to effectuate this Resolution.
VII. 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 portions of this Resolution.
VIII. REPEALER
All Resolutions are parts of Resolutions in conflict herewith shall be hereby and are repealed.
IX. EFFECTIVE DATE
This Resolution shall become effective upon adoption.
16-Z- The Mansions at Acqualina Major Mod 4
PASSED and ADOPTED this 15th day of September, 2016.
CITY OF SU■ Y IS S BEACH, FLORIDA
By its City •mmissi•
By:
George H. choll, Mayor
ATTEST: •\ •
•
Jane_A. Hines;,MMC, City Clerk
APPROVED AS TO FORM
AN 1 �� �UFFICIENCY:
IVA
Otti rot, ty Attorney
Moved by: pt
Second by: ____CztkAALA )__L_Ej/ 14
VOTE: 5-
Mayor Scholl I/yes no
Vice Mayor Gatto eyes no
Commissioner Aelion 4/yes no
Commissioner Goldman i/yes no
Commissioner Levin /yes no
16-Z- The Mansions at Acqualina Major Mod 5
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
I, JANE A. HINES, Clerk of the City of Sunny Isles Beach, Florida, do hereby certify that the
above and foregoing is a true and correct copy of Resolution No. 16-Z- adopted by the City
Commission at its meeting held on the 15`h day of September, 2016.
Issued this day of , 2016.
Jane A. Hines, MMC, City Clerk
16-Z- The Mansions at Acqualina Major Mod 6
CITY OF SUNNY ISLES BEACH
„ NOTICE OF ZONING HEARING
o
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, September 15,
2016 at 6:30 p.m., to consider the following Zoning application:
Application: The Mansions at Acqualina Site Plan Modification - Ruslan Krivoruchko ("Applicant")
Location: 17749 Collins Avenue
Public Hearing#: PZ2016-08
Summary:
The Applicant is requesting a modification of the approved site plan to increase square footage from
431,305 square feet to 431,666 square feet (361 square-foot increment) in order to enclose a section of a
penthouse unit's balcony. Further, the Applicant is requesting approval of the purchase of additional
Transfer of Development Rights (TDRs) in the amount of 361 square feet of Floor Area Ratio (FAR).
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a site plan modification to an approved site plan for an increase in
square footage from 431,305 square feet to 431,666 square feet of Floor Area Ratio (FAR).
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting the approval of the purchase of 361 square feet of TDRs from the
City's TDR Bank.
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled
"Mansions at Acqualina", prepared by Cohen, Freedman, Encinosa & Associates Architects, P.A
stamped received August 10, 2016 consisting of 3 sheets, and renderings prepared by CFE
Architects, PA stamped received August 10, 2016 consisting of 4 sheets. Plans are subject to
revisions based comments provided by zoning staff of the City of Sunny Isles Beach. Plans are
subject to modification.
Legal: Portion of Govt. Lot 6 Tatum's Ocean Park Subdivision (PB 10-64)N 100 ft. of Tract 4 East of
State Route AlA and S 100 ft. of Tract A (PB 35-51)
Size of Property: 1.042 acres (45,394 sq ft)
Zone: Mixed Use-Resort (MU-R)
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.
The courts have ruled that it is improper to contact a City Commission member individually, either orally or in
inspection during normal business hours in City Hall. Any zoning hearing may be continued at this meeting and
under such circumstances,additional legal notice would not be provided. Any persons wishing to speak at a public
hearing should register with the City Clerk prior to that item being heard. Inquiries regarding the item may be
directed to the City Clerk at (305) 792-1703. Please refer to the hearing number when making an inquiry. If a
person decides to appeal any decision made by the City Commission with respect to any matter considered at such
meeting or hearing, they will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In
accordance with the Americans with Disabilities Act, all persons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the City Manager at 305-
792-1701, no later than 48 hours prior to the proceeding.
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CITY OF SUNNY ISLES BEACH
DEVELOPMENT REVIEW REPORT
The Mansions at Acqualina
SITE PLAN MODIFICATION
PROJECT SUMMARY
Application Number: PZ2016-08
Application Summary: The Applicant, who is the owner of the unit, is seeking approval of a
site plan modification. The application consists of a balcony enclosure
at the 44th level with an increase of Floor Area Ratio (FAR) of 361
square feet, for a total of 431,666 square feet of FAR.
Applicant/Owner: Ruslan Krivoruchko
17749 Collins Avenue, Units 4401 & 4402
Sunny Isles Beach, Fl 33160
II. SITE INFORMATION
Land Area: 11,255 sq. ft. (PH Units 4401, PH4402) - 2.275 acres (Lot)
Location: 17749 Collins Avenue
Folio: 31-2211-083-0830, 312211-083-0400
31-2211-083-0001 (Reference)
Legal Description: Portion of Govt. Lot 6 Tatum's Ocean Park Subdivision (PB 10-64)
N 100 ft. of Tract 4 East of State Route Al A and S 100 ft. of Tract A
(PB 35-51) Int. in common elements off Rec 29719-2548
. Land Use: Mixed Use - High Density Resort (MUHDR)
This category is intended to provide for resort style developments
(hotels, hotel-apartments and resorts), high quality residential
apartments (as-of-right 50 DUs/acre and 2.5 F.A.R.) and associated
internal accessory uses (restaurants and other convenience
services). Residential densities with bonuses may not exceed eighty
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U:\PLANNING&ZONING2003\ZONING HEARING-APPLICATIONS\2016 APPLICATION'PZ2016-03 Mansions at Acqualina Major Mod
•
(80) units per acre for apartments. The density may be increased by
the utilization of TDRs.
Zoning: Mixed Use Resort (MU-R)
This district provides for multifamily dwellings at a maximum density
of 80 dwelling units per acre for condominiums and 125 dwelling units
for apartment/hotel. Apartments, hotels, motels and apartment-hotels,
commercial services and retails goods internal to the buildings and
conference facilities are permitted uses. The density may be
increased by the utilization of TDRs.
History: The Mansions at Acqualina project was approved by City Commission
on December 22, 2011 under City Resolution No. 11-Z-124 and was
later modified and approved on March 15, 2012 under City Resolution
No. 12-Z-127. The project was approved for a 46 story, 79 unit
condominium building approved for a total FAR of 431,305 square
feet.
Adjacent Properties:
Existing Land Use Zoning Land Use Plan
North Mixed Use Resort MU-R MU-R
East None —Atlantic Ocean N/A N/A
South Mixed Use Resort MU-R MU-R
West Neighborhood Business B-1 NB
III. REQUEST
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a site plan modification to an approved site
plan for an increase in square footage from 431,305 square feet to 431,666 square
feet of Floor Area Ratio (FAR).
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the approval of the purchase of 361 square
feet of TDRs from the City's TDR Bank.
IV. ZONING REVIEW
The plans reviewed are on file, and may be examined, in the City Clerk's Office and are
entitled "Mansions at Acqualina", prepared by Cohen, Freedman, Encinosa & Associates
Architects, P.A stamped received September 2, 2016 consisting of 3 sheets, and
renderings prepared by CFE Architects, PA stamped received August 10, 2016 consisting
of 4 sheets. Plans are subject to revisions based comments provided by zoning staff of the
City of Sunny Isles Beach. Plans are subject to modification.
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U:\PLANNING&ZONING200S\ZONING HEARING-APPLICATIONS\2016 APPLICATION\PZ2016-08 Mansions at Acqualina Major Mod
1. 265-35.D (9) Floor Area Ratio: Complies.
a. Maximum floor area ratio (265-35.D(9)(b)):
b. Permitted: Base 2.50 (247,748 square feet); with FAR Bonus and TDRs 5.98-
(592,612 square feet).
c. Provided: 4.36 with bonus FAR and TDRs —431,666 square feet
V. PLANNING REVIEW:
1. Comprehensive Plan
The proposed development is consistent with the Goals, Objectives and policies of the City
of Sunny Isles Beach Comprehensive Plan.
2. Transfer Development Rights
The Applicant is seeking the purchase of Transfer of Development Rights (TDR) in the
amount of 0 dwelling units and 361 square feet of floor area from the City's Transfer of
Development Rights Bank. The effect of the TDR purchase on the project would be an
increase in F.A.R.
3. Traffic Engineering — No applicable
4. Landscaping Architect— No applicable
5. Civil Engineering — No applicable
VI. FINAL ANALYSIS
Based on the above review by City's Staff, the application is consistent with the City's
Comprehensive Plan and Land Development Regulations. The site plan modification is an
increase of square footage of 361 square feet. The increase is due to a balcony enclosure
by the Applicant. Additionally, the Applicant is requesting the use of Transfer Development
Rights (TDRs) for the additional square footage. The Applicant is not requesting any
variances.
Staff has reviewed the site plan modification application and is submitting this application
with conditions for your consideration.
VII. CONDITIONS
If the. City approves this application, the application will be subject to the following
conditions set forth in Section VII.
Conditions to be completed before demolition, below grade or building permits are
issued.
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1. That the plans in the approval be substantially in accordance with that submitted for public
hearing, which are entitled "Mansions at Acqualina", prepared by Cohen, Freedman,
Encinosa &Associates Architects, P.A stamped received September 2, 2016 consisting of
3 sheets, and renderings prepared by CFE Architects, PA stamped received August 10,
2016 consisting of 4 sheets. Plans are subject to revisions based comments provided by
zoning staff of the City of Sunny Isles Beach. Plans are subject to modification.
2. All conditions enumerated under Resolution Nos. 11-Z-124 and 12-Z-127 shall remain in
effect, as applicable.
3. That the Applicant submits evidence of purchase of the required 361 square feet and 0
units of Transfer Development Rights (TDRs) subject to the Site Plan Approval. That the
Applicant provides the City with a non-refundable deposit in the amount of ten percent
(10%) of the approved purchased price of $45,125 for the Transfer Development Rights
(TDRs) purchased from the City Bank. The total amount of the deposit is $4,513. Failure
to pay the required deposit within the three (3) working days of approval of the Transfer
Development Rights (TDRs) application and site plan application shall result in an
automatic voiding of the City Commission approval of the Receiving Site, transfer of
Transfer Development Rights (TDRs), and site plan approval.
4. Upon the submittal of an application for a building permit, the plans submitted shall be
approved by the Community Development 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.
5. 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.
6. That the Applicant complies with all City Ordinances, County, State and Federal Laws and
Regulations applicable to development and permit approvals.
(END)
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VNNY IS RECEIVE
PUBLIC HEARING APPLICATION D
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• ►'' � )• Date 2eceiveI 016
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PLANNING & ZONING DEPT
ualina City of Sunny Isles Beach,FL
Mansions at Ac
1. Proposed Project Name: Q
2. Name of Applicant Ruslan Krivoruchko
a. If applicant is the owner,give name exactly as recorded on deed.
b. If applicant is lessee,attach copy of valid lease of one(I)year or more and Property
Owners Sworn-to-Consent.
c.lf applicant is a corporation,partnership,limited partnership,or trustee,a separate
Disclosure of Interest form must be completed.
3. Applicant Mailing Address 17749 Collins Avenue, Units 4401 &4402
City Sunny Isles Beach State Florida Zip 33160
Tel.#(during working hours) Other
4. Name of Property Owner Ruslan Krivoruchko
Mailing Address 17749 Collins Avenue, Units 4401 & 4402
City Sunny Isles Beach State Florida Zip 33160
Tel.#(during working hours) Other
5. Contact Person Clifford A. Schulman, Esq./Weiss Serota Helfman Cole & Bierman
Mailing Address 2525 Ponce de Leon Blvd., Suite 700
City Coral Gables State Florida Zip 33134
Tel.#(during working hours) 305-854-0800 Other
4. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE
APPLICATION
a.if subdivided,provide lot,block,complete name of subdivision,plat book and
page number.
b.if metes and bounds description,provide complete legal description(including
section,township and range).
c.if separate request apply to different areas,provide the legal description of
each area covered by a separate request.
d.attach a separate,typed sheet if necessary. Verify the legal description is
correct.
See Attached
5. Address or location of subject property: 17749 Collins Avenue
6. Size of property: ft. x ft.acres 2275
City of Sunny Isles Beach Community Development Department
7. Date subject property acquiredX or leased 0 day of May 2016
term of lease years/months.
8. Does property owner own contiguous property to the subject property?If so,give
complete legal description of entire contiguous property.(If lengthy,please type on a sheet
labeled"Contiguous Property".
9. Is there an option to purchase for lease❑the subject property or property
contiguous thereto?
0 Yes or g No
If yes,who are the potential purchasers or lessees?(Complete section of Disclosure of
Interest form also).
10. Present zoning classification(s): MU-R
11. REQUEST(S)COVERED UNDER THIS APPLICATION:
Please check the appropriate box and give a brief description of the nature
of the request in-the space provided:
❑Comprehensive Plan Amendment
❑ District Boundary Change(s)
❑ Site Plan Approval
❑Conditional Use
❑Variance
❑ Plat Approval
❑Transfer Development Rights
❑Vested Rights
❑Appeals
N Other: Site Plan Amendment
12. Has a public hearing been held on this property within the last year and a half?❑yes 24 no
If yes,applicants name
Date of hearing
Nature of hearing
Decision of hearing
Resolution#
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City of Sunny Isles Beach Community Development Department
13. Is this hearing being requested as a result of violation notice?❑ yes no
If yes,give name to which violation notice was served
Nature of violation
14. Are there any existing structures on the property? yes ❑ no
If yes,briefly describe Multi-family High Rise Building
15. Is there any existing use on the property? S yes ❑ no
If yes,what is the use and when was it established?Use Condominium Unit
Established 2015
City of Sunny Isles Beach Community Development Department
OWNER OR TENANT AFFIDAVIT
FOR INDIVIDUAL
STATE OF Florida Public Hearing No.
COUNTY OF Miami-Dade
Before me,the undersigned authority,personally appeared ,
hereinafter the Affiant,who being duly sworn by me,on oath,deposes and says:
I. Affiant is the fee owner or tenant of the property,which is the subject of the proposed hearing.
2. The subject property is legally described as: See Attached.
3. Affiant understands that the matters attached to and made part of the application are honest and
true to the best of my knowledge and belief. I understand this application must be complete and
accurate before the application can be submitted and the hearing advertized.
4. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of
voiding of any zoning granted at public hearing.
Witnesses:
Signature 4 Signature
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Print Name Print Name
/`Signatu
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Print Name
Sworn to and subscribed before me on the 22 day of -S-LA.L. ,20 16
Affiant impersonally know90 me or has produced as identification.
*l:.N. REBECCA S.PESSOU5NO Ite_ Q _ PP,AAIV (,6
* tilt'COMMISSION f FF 053149 otary(Stamp/Seal)
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Commission Expires:
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City of Sunny Isles Beach Community Development Department
RESPONSIBILITIES OF THE APPLICANT
PLEASE READ CAREFULLY BEFORE SIGNING
I hereby acknowledge that I am aware of the preliminary review of plans of the proposed project by
the Department of Environmental Protection (DEP), and/or the Department of Environmental
Resources Management(DERM),the Florida Department of Transportation(FDOT). In addition,
the Miami-Dade County Fire Department(MDFD)for the staging area of the proposed project along
with the Miami-Dade County Biscayne Bay Shoreline Development Review Committee will review
and comment for approval all development applications. These comments sometimes include
requirements for an additional public hearing before (DERM) and the Environmental Quality
Control Board,(EQCB)in the preparation and execution of agreements to run with the land,which
are recorded,prior to obtaining a building permit.
I understand that is my responsibilities as the applicant or applicants representative to promptly
follow through with the compliance of DEP, DERM, MDFD, and /or Florida Department of
Transportation FDOT requirements or to advise this office in writing if the application will not go
forward and may be considered withdrawn. Contact with the above-mentioned agencies is advised
during the hearing process.
Permit requirements: I also understand that the Florida Building Code, DEP, DERM, MDFD,and
/or Florida Department of Transportation FDOT may contain requirements that affect my ability to
obtain a required building permit for my project,even if the zoning application is approved at public
hearing. I am aware that a Building Permit is required for all construction and that I am responsible
for obtaining the required permit,all required inspections,the Certificate of Use and Occupancy or
Certificate of Completion for any and all structures and additions whether proposed or existing
without permits. Additionally I am aware a Certificate of Use and Occupancy must be obtained for
the use of the property,if approved at a Zoning Hearing and that failure to obtain the required permits
and/or Certificates of Completion, Use and Occupancy will result in the initiation of enforcement
action against the occupant and owner. I further understand that submittal of Zoning Hearing
application will not necessary forestall enforcement action against the property.
Fees: I understand that the hearing fees paid at the time of filing may not be the total cost of the
hearing and that I will be advised of any other fees that can be associated with the public hearing
application.
Sig nature
Print Name
No • Sworn to and subscribed before me this 22 d (,,
ay of ---5-u1 `( ,2.0 1
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Notary Public-State of Florida LBECCAS.PESSOlANO
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ADVERTISEMENT AND MAILING REQUIREMENTS
City of Sunny Isles Beach Community Development Department
WEISS SEROTA HELFMAN
0.7 COLE & BIERMAN
AT THE CROSSROADS OF BUSINESS, GOVERNMENT & THE LAW
CLIFFORD A.SCHULMAN,PARTNER
CSchulmanPwsh-law.com
August 5, 2016 FECEl /E
Via Hand Delivery M
Ms. Claudia Hasbun
AUG 5 2016
Zoning Administrator Qg
City of Sunny Isles Beach PLANNING & ZONING DEPT.
18070 Collins Ave., Suite 250 City of Sunny Isles Beach, FL
Sunny Isles Beach, Florida 33160
Re: Letter of Intent / Ruslan Krivoruchko / Property located at 17749 Collins
Avenue/ Application for Site Plan Modification for the Enclosure of the
North Sunset Terrace in Penthouse Units 4401 and 4402 (the"Units") Within
the Mansions at Acqualina Development(the"Mansions")
Dear Ms. Hasbun:
On behalf of Ruslan Krivoruchko (the "Applicant"), the owner of the Units within the
Mansions located at the above-referenced address, we respectfully submit this letter of intent in
connection with your Department's rules and regulations for filing a Public Hearing Application
in the City of Sunny Isles Beach (the"City").
In 2012, the City Commission gave final approval for the Mansions development. In
2015, the developer completed the Mansions and the Applicant purchased the Units in April of
this year. The Applicant desires to enclose the north sunset terrace, which consists of 361 square
feet. The Applicant has retained the architecture firm of Cohen Freedman Encinosa &
Associates,who were the architects that designed the Mansions,to enclose the terrace.
In order to effectuate this proposal, the Applicant respectfully requests a site plan
modification adopting the plans entitled "PH 44 Mansions at Acqualina" as prepared by the
architecture firm of Cohen Freedman Encinosa & Associates. Please note that no variances are
sought by the Applicant.
2525 Ponce de Leon Blvd., Suite 700, Coral Gables, FL 33134 1 305-854-0800 I www.wsh-law.com
Ms. Claudia Hasbun
August 5,2016
Page 2
We submit that the requested approval is consistent with the provisions of the City's
Comprehensive Plan and LDRs. Thank you for your consideration of this application. We look
forward to your favorable review. If we can provide you with additional information or
documents,please do not hesitate to contact me at(305) 854-0800.
Very, ly y ors,
1
Cliff Schulman
3238.001/CAS
Enclosures
, WE AN
COLE & BERMAN
' A AT 1111 CROTTROADT Of BWIM9.GOVIRNMINT&TIII Ws,
WEISS •SEROTA HELFMAN
. . COLE & BIERMAN
4 z-- AT THE CROSSROADS OF BUSINESS, GOVERNMENT & THE LAW
CLIFFORD A.SCHULMAN,PARTNER
CSchulman@wsh-law.com
September 2, 2016 RECEIVED
Via Hand Delivery
Ms. Claudia Hasbun SEP 2 2016
Zoning Administrator 3-0t b -
City of Sunny Isles Beach
18070 Collins Ave., Suite 250 PLANNING & ZONING DEPT
Sunny Isles Beach, Florida 33160 City of Sunny Isles Beach, FL
Re: 1" Amended Letter of Intent / Ruslan Krivoruchko / Property located at
17749 Collins Avenue / Application for Site Plan Modification for the
Enclosure of the North Sunset Terrace in Penthouse Units 4401 and 4402 (the
"Units") within the Mansions at Acqualina Development (the "Mansions") /
Request for Public Transfer Development Regulations(TDRs)
Dear Ms. Hasbun:
On August 5, 2016, on the behalf of Ruslan Krivoruchko (the "Applicant"), who is the
owner of the Units within the Mansions located at the above-referenced address, we respectfully
submitted a letter of intent in connection with your Department's rules and regulations for filing
a Public Hearing Application in the City of Sunny Isles Beach (the"City"). On August 23,2016,
the City held a Development Review Committee meeting on the application. During this
meeting, comments dated August 22, 2016 were distribtgted and reviewed. In response to the
comments raised by City staff, we are submitting this 1st Amended Letter of Intent.
In order to effectuate the proposal, the Applicant respectfully requests a site plan
modification adopting the plans entitled "PH 44 Mansions at Acqualina" as prepared by the
architecture firm of Cohen Freedman Encinosa&Associates. As shown on these plans,the total
amount of development within the Mansions will increase by 361 square feet from 431,305
square feet to 431,666 square feet. In addition, the Applicant also requests approval of the
purchase of 361 square feet of public TDRs. Please note that no variances are sought by the
Applicant.
2525 Ponce de Leon Blvd., Suite 700, Coral Gables, FL 33134 1 305-854-0800 I www.wsh-law.com
Ms. Claudia Hasbun
September 2,2016
Page 2
We submit that the requested approval is consistent with the provisions of the City's
Comprehensive Plan and LDRs. Thank you for your consideration of this application. We look
forward to your favorable review. If we can provide you with additional information or
documents, please do not hesitate to contact me at(305) 854-0800.
Very truly yours,
l/
t � t
Cliff Schulman
3238.001/CAS
Enclosures
AWEISS SEROTA HELFMAN
COLE & BIERMAN
AT DU CROSSROADS Of W)ENESS.Ci0Y10.NM[NT&Ill LAW
•
SUNU"-t-S•F City of Sunny Isles Beach
fpp t_..._ n 18070 Collins Avenue
U' � Z Sunny Isles Beach, Florida 33160
i ` R`k° •4I' (305)947-0606 City Hall
F ''o, s•,�: ',-o (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher Russo, City Manager
FROM: Claudia Hasbun, Planning and Zoning Director
DATE: 9/15/2016
The Mansions atAcqualina-Site Plan Modification
RE: 17749 Collins Avenue
Appl. No. Z2012-03
RECOMMENDATION:
Based on the review by City's Staff, the application is consistent with
the City's Comprehensive Plan and Land Development Regulations.
Staff has reviewed the site plan modification application and is
submitting this application with conditions for your consideration.
REASONS:
The Applicant, who is the owner of the unit, is seeking approval of a site
plan modification. The application consists of a balcony enclosure at
the 44th level with an increase of Floor Area Ratio (FAR) of 361 square
feet, for a total of 431,666 square feet of FAR. The increase is due to a
balcony enclosure by the Applicant. Additionally, the Applicant is
requesting the use of Transfer Development Rights (TDRs) for the
additional square footage. The Applicant is not requesting any
variances.
ATTACHMENTS:
Description
Zoning Notice
Staff Report
Public Hearing Application
59
Letter of Intent
Letter of Intent First Amended
Item Number: 6.B.
60