HomeMy WebLinkAboutZoning Resolution 17-Z-164 RESOLUTION NO. 17-Z - I(04-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING A SITE
PLAN MODIFICATION APPLICATION SUBMITTED BY ALEXEY
KNYSHOV ("APPLICANT") TO ENCLOSE A BALCONY ON THE
17TH FLOOR, UNIT # 1701 OF MANSIONS OF ACQUALINA WITH
AN INCREASE OF FLOOR AREA RATIO ("FAR") OF 229 SQUARE
FEET, FOR A TOTAL OF 431,895 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 Alexey Knyshov (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 Resolution No. 11-Z-124 and later modified
and approved on March 15, 2012, under 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 on the 17th floor, Unit # 1701 with an
increase of Floor Area Ratio("FAR")of 229 square feet, for a total of 431,895 square feet of FAR,
and has submitted a site plan modification application (Application No. PZ2017-06)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 431,666 square feet to 431,895 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 229 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 A 1 A and S 100 ft. of
Tract A (PB 35-51) Int. in common elements off Rec 29719-2548.
Unit #1701.
ADDRESS: 17749 Collins Avenue, Sunny Isles Beach, FL 33160
FOLIO: 31-2211-083-0130
31-2211-083-0001 (Reference)
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WHEREAS, on October 19, 2017, 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
Resolution No. 11-Z-124, adopted on December 22,2011,and later modified and approved
under 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
Resolution No. 11-Z-124, adopted on December 22, 2011,and later modified and approved
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under Resolution No. 12-Z-127, on March 15, 2012, to enclose a balcony is hereby
approved subject to all conditions set forth in Section V below. The site plan approval
under Resolution No. 11-Z-124, adopted on December 22, 2011, and later modified and
approved under 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 "Interior Remodeling for Unit 41701", prepared by Ramos
Architects & Associates, Architects and Planners, stamped received September 19, 2017,
consisting of 7 sheets.
2. That the Applicant submits evidence of purchase of the required 229 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$28,625 for the Transfer Development Rights
(TDRs) purchased from the City Bank. The total amount of the deposit is $2,862.50.
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.
3. 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.
Conditions to be completed before any Certificate of Occupancy is issued.
4. Under Section 267-4, the City Manager and/or his/her designee in review of any
application, may refer any such application presented to it to such engineering, planning,
legal,technical, or environmental consultant or professional(s) employed by the City as the
Manager shall deem reasonably necessary to enable him/her to review such application as
required by law. Charges made by such consultants or professionals shall be in accord
with the charges customarily made for such services in Miami-Dade County, and pursuant
to an existing contractual agreement by and between the City and such consultant. Charges
made by the City shall be in accord with the hourly rates charged by such consultants or
hourly rates of employed professionals and shall be paid within 30 days on submission of
City voucher.
I 7-Z- The Mansions at Acqualina Major Mod 3
5. At the time of submission of any application or thereafter, it is required that an escrow
account be established, from which withdrawals shall be made to reimburse the City for
the cost of professional review services, if any. The Applicant shall then provide funds to
the City for deposit into such account in an amount to be determined by the City Manager,
based on his/her evaluation of the nature and complexity of the application. The Applicant
shall be provided with copies of any City voucher for such services as they are submitted
to the City. When the balance in such escrow is reduced to one-third (1/3) of its initial
amount, the applicant shall deposit additional funds into such account to bring its balance
up to the amount of the initial deposit. If such account is not replenished within thirty-days
(30) after the applicant is notified, in writing, of the requirements for such additional
deposit,the City may suspend its review of the application. An application shall be deemed
incomplete if any amount shall be outstanding. A building permit or Certificate of Use
and Certificate of Occupancy shall not be issued unless all professional review fees charged
in connection with the applicant's project have been reimbursed to the City. Once all
pertinent charges have been paid, the City shall refund to the Applicant any funds
remaining on deposit.
6. The Applicant shall furnish payment and performance bond in an amount determined by
the Building Official to ensure Applicant's performance of public improvements required
pursuant to site plan approval and in accordance with recommendations of the Building
Official after review of construction plans submitted based on development approval
granted herein. Any such bond shall be issued by a surety having a minimum rating of A-
1 in the Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the
approval of the City, and shall provide that "this bond may not be cancelled or allowed to
lapse until 30 days after receipt by the City, by certified mail, return receipt requested, of
written notice from the issuer of the bond of intent to cancel or not to renew". As
improvements are made the City, within its discretion, may reduce or eliminate the bond
amount. These rights reserved by the City with respect to any construction bond established
pursuant to this section are in addition to all other rights and remedies the City may have
under this Resolution, in law or in equity.
Other Conditions.
7. That the Applicant obtains a Certificate of Occupancy and a Certificate of Use from the
City upon compliance with all terms and conditions. The Certificate of Occupancy and
Certificate of Use shall be subject to cancellation upon violation of any of the conditions.
8. That the approved site plan modification 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 modification shall be considered null and void and of
no force and effect.
9. 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 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.
17-Z- The Mansions at Acqualina Major Mod 5
PASSED and ADOPTED this 19th day of October, 2017.
CITY,OF SU Y I. LES BEACH, FLORIDA
By its City .minis ion
By:
George H Scholl, Mayor
ATT . ST:
tit -I
Mauric'o etan ur, CMC, City Clerk
APPROVED AS TO FORM
ANI)LEG• L SUFFICIENCY:
/fii .•( pttinot:Cityn- OAttorney
Moved by: V E(:,C M{61- 6otrtrvt4W
Second by: CL4L Svc e441y1
VOTE:
Mayor Scholl yes no
Vice Mayor Goldman yes no
Commissioner Aelion yes no
Commissioner Gatto yes no
Commissioner Svechin yes no
17-Z-_ The Mansions at Acqualina Major Mod
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
I, MAURICIO BETANCUR, 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. 17-Z- l(Pkadopted by
the City Commission at its meeting held on the 19th day of October, 2017.
Issued this 'LOday of o(',i 6642 , 2017.
Mauricio Betanc r, CMC, City Clerk"
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