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HomeMy WebLinkAboutZoning Resolution 18-Z-165 • RESOLUTION NO. 18-Z- ((PS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ("CITY") APPROVING A SITE PLAN MODIFICATION APPLICATION SUBMITTED BY A3 • DEVELOPMENT, LLC (THE "APPLICANT") FOR THE PROJECT KNOWN AS "ESTATES AT ACQUALINA"; 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 A3 Development, LLC (the "Applicant") is applying for a modification of an approved site plan under Resolution No. 14-Z-144, adopted on September 18, 2014, and Resolution No. 15-Z-153, adopted on April 16, 2015, and has submitted a site plan modification application (Application No. PZ2018-01) 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 to decrease the number of residential units from 264 residential units to 248 residential units, in the south tower and 93 in the north tower and to increase the overall Floor Area Ratio (FAR) from 1,085,205 square feet of floor area to 1,179,384 square feet of floor area. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the assignment and purchase of the Transfer of Development Rights ("TDRs") of 74,546 square feet of floor area and 37 dwelling units (utilizing 0 residential units)from the City's TDR Bank to the project. 3. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval for the assignment of 15,538 square feet of floor area and 8 dwelling units (utilizing 0 residential units) of private TDRs to the project. 4. Pursuant to Section 265-11(N)(3) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting for an extension of time to pull a building permit for an additional 24 months over and above the 24 months allowed by the Land Development Regulations, for a total of 48 months from the date of site plan approval. Legal Description: That portion of the property originally declared to be GOLDEN STRAND OCEAN VILLA RESORT, A CONDOMINIUM, according to the 18-Z-1(‹ Estates at Acqualina 1 Declaration of Condominium thereof, recorded on March 28, 1982, in Official Records Book 11392, at Page 336, as amended by Amendment to Declaration of Condominium of Golden Strand Ocean Villa Resort, a Condominium, recorded May 17, 1982, in Official Records Book 11441, Page 1296, as amended and restated by that Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, attached to that Amendment to Declaration recorded on January 25, 1984, in Official Records Book 12035, page 2760, as further amended by that Second Amendment to Declaration, recorded July 26, 1985, in Official Records Book 12587, page 71, by that Third Amendment to Declaration of Condominium of Golden Strand Ocean Villa Resort, a Condominium, recorded on December 2, 1988,in Official Records Book 13911,page 1241, by that Fourth Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, recorded on January 17, 1989, in Official Records Book 13961, page 1828, by that Fifth Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, recorded on August 27, 2004, in Official Records Book 22612, page 4950, and by that Certificate of Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort Association, Inc., recorded on October 30, 2006, in Official Records Book 25054, page 2195, and by that Seventh Amendment to Declaration of Condominium recorded on May 7, 2014 in Official Records Book 29141, at page 2986, all in the Public Records of Miami- Dade County, Florida, described as:Tract "Q" of AMENDED PLAT OF NORTH BISCAYNE BEACH, according to the plat thereof, recorded in Plat Book 44, Page 42, of the Public Records of Miami-Dade County Florida.Surveyor's Note: GOLDEN STRAND OCEAN VILLA RESORT, A CONDOMINIUM, previously included the following real property which was removed and withdrawn from the Condominium by that Certificate of Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort Association, Inc., recorded on October 30,2006,in Official Records Book 25054,page 2195 recorded in the Public Records of Miami-Dade County, Florida: Legal Description (West Parcel- off street parking lot): A portion of Tract "A" of THE PEOPLES PROPERTY according to the plat thereof, as recorded in Plat Book 106, Page 37 of the Public Records of Miami-Dade County, Florida, less and except the South 125.00 feet of said Tract "A" being more fully described as follows: Begin at the Northwest corner of said Tract "A"; thence on a bearing of East along the North line of said Tract "A" for 200.00 feet to the Northeast corner thereof; thence continue on a bearing of South 06°06'20" West along the Easterly line of said Tract "A" for 60.00 feet; thence on a bearing of East along the Northerly line of said Tract "A" for 50.00 feet to the East line of said Tract 18-Z-1c0( Estates at Acqualina 2 • "A"; thence South 06°06'20" West along the East line of said Tract "A" for 74.29 feet; thence on a bearing of West along a line parallel with and 125.00 feet North of as measured at 90°00'00" from the South line of said Tract "A" for 250.00 feet to a point on the West line of said Tract "A"; thence North 06°06'20" East along said West line of said Tract "A" for 134.28 feet to the Point of Beginning Subject to the Easement described in that certain Warranty Deed recorded in Official Records Book 12000, Page 92 of the Public Records of Miami-Dade County, Florida. ADDRESS: 17901 Collins Avenue, Sunny Isles Beach, FL 33160 178th Street and Atlantic Boulevard (off-street parking lot), Sunny Isles Beach, FL 33160 FOLIO: 31-2201-017-0001 (Reference) 31-2202-003-0290 (West parcel— Off street parking) WHEREAS, on April 19, 2018, 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 analysis 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 Planning & Zoning Director of the Planning & Zoning 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. 18-Z-(CZ Estates at Acqualina 3 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 is consistent with the Comprehensive Plan and Land Development Regulations of the City of Sunny Isles Beach. • IV. APPROVAL A. The Applicant's request to decrease the number of residential units from 264 residential units to 248 residential units, in the south tower and 93 in the north tower and to increase the overall Floor Area Ratio (FAR) from 1,085,205 square feet of floor area to 1,179,384 square feet of floor area, is hereby approved. B. The Applicant's request to the assignment and purchase of Transfer of Development Rights ("TDRs") of 74,546 square feet of floor area and 37 dwelling units (utilizing 0 residential units) from the City's TDR Bank to the project, is hereby approved. C. The Applicant's request for the assignment of 15,538 square feet of floor area and 8 dwelling units (utilizing 0 residential units) of private TDRs to the project is hereby approved. D. The Applicant's request for an extension of time to pull a building permit for an additional 24 months over and above the 24 months allowed by the LDRs, for a total of 48 months from the date of site plan approval,.is hereby approved. V. CONDITIONS Conditions to be completed before below grade or master building permits are issued. 1. That the plans in the approval be substantially in accordance with that submitted for public hearing, which are entitled "Estates at Acqualina", prepared by Cohen, Freedman, Encinosa & Associates Architects, P.A stamped received February 26, 2018 consisting of 56 sheets, landscaping plans consisting of 25 sheets prepared by EDSA Planners and Architects stamped received February 26, 2018 civil plans consisted of 12 sheets prepared by Thomas Checca, P.E. stamped received February 26,2018,and survey consisting of 1 sheet prepared by Fortin, Leavy, Skiles, Inc. stamped received February 26, 2018. Minor revisions to the plans are permitted if such revisions are in compliance with the Land Development Regulations. 2. Upon the submittal of an application for building permit, the plans submitted shall meet with the approval of the Planning & Zoning Department and be consistent with the specific site 18-Z-((/c Estates at Acqualina 4 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. Should revisions in the plans 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 all conditions set forth in Resolution No. 14-Z-144, adopted on September 18, 2014, and Resolution No. 15-Z-153, adopted on April 16, 2015, shall remain in effect. 4. That Condition No. 19 set forth in Resolution No.14-Z-144 is declared null and void relating to the use of Acqualina's north beach access for valet service. 5. That the Applicant shall submit evidence of purchase subject of the required 27,147 square feet of floor area and thirteen (13) dwelling units of TDRs. That the Applicant provides the City with a non-refundable deposit in the amount of ten percent (10%) of the approved purchased price of $3,393,375.00 for the TDRs purchased from the City Bank. The total amount of the deposit is $339,337.50. Failure to pay the required deposit within the three (3) working days of approval of the TDRs application and site plan application shall result in an automatic voiding of the City Commission approval of the Receiving Site, transfer of TDRs, and site plan approval. 6. That the Applicant, at the time of the building permit for enclosure of balconies shall submit evidence of payment according to the required square footage of the optional TDRs at the purchase price appraised at $125.00 per square feet. The amount shall be paid in full at the time of issuing the building permit. After project obtains Temporary Certificate of Occupancy ("TCO") or Certificate of Occupancy ("CO"), balcony enclosures shall not be permitted, unless site plan modification is submitted through a public hearing process. 7. If Applicant is unable to pay for the remaining balance of TDRs and bonuses approved for the project, the Applicant shall enter into an installment payment plan in accordance with the City Code prior to obtaining the below grade or master building permit. All installment payment plans shall be approved by the City Commission. 8. If the Applicant wishes to donate the Golden Strand West off-site parking lot("Golden Strand Parking Lot") for TDRs, the Applicant shall make such request to the City prior to obtaining the below grade or master building permit. Such request shall be made at least 90 days prior to obtaining the below grade or master building permit unless the City Manager or designee agrees to waive the deadline. 9. If the Applicant intends to use the Golden Strand Parking Lot for parking purposes, the Applicant shall submit a site plan application for the Golden Strand Parking Lot and such site plan shall designate parking for the Acqualina Sales Center Offices and the Estates of Acqualina to ensure compliance with parking requirements. Such application must be submitted prior to the issuance of the below grade building permit or master building permit for the Estates at Acqualina. 18-Z-(V Estates at Acqualina 5 10. That the approved site plan shall remain valid for a period of 48-months from the date of this site plan modification approval. If building permit is not issued within the 48-month time period, the site plan shall be considered null and void and of no force and effect. 11. That the Applicant shall request permission of the City Manager or designee to temporarily close the south beach access and north beach access adjacent to the project. The request must be provided to the City Manager 30 days prior any enclosure. The Applicant must notify neighboring properties of the proposed closure of the beach accesses. 12. If the Applicant does not seek a building permit for the "second tower" within 48 months of approval of this project, the Applicant may seek an extension of time to request a building permit or file a site plan application for the second tower. 13. That the Applicant shall install the continuous decorative sidewalk pavers consistent with the existing pavers on the east side of Collins Avenue. The decorative sidewalks shall be installed from the southern boundary of 178 Street to the northern boundary of the Trump Royale located at 18201 Collins Avenue. 14. That the Applicant shall obtain approval from the Public Art Advisory Committee (PAAC) for the required art in public places for the project and such approval shall be obtained prior issuance of the below grade or master building permit of Phase I of the project. 15. The City shall use its best efforts to obtain approval from the Florida Department of Transportation ("FDOT") to permit a left turning lane on the south bound lane of Collins Avenue and adjacent to the Mansions of Acqualina and to facilitate entry into the Mansions of Acqualina and the Acqualina Resort and Hotel. 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. 18-Z-ted Estates at Acqualina IX. EFFECTIVE DATE This Resolution shall become effective upon adoption. PASSED and ADOPTED this 19th day of April, 2018. CITY OF SUN S I ES BEACH, FLORIDA By its City Co, issi%n 0 By: George H. bcholl, Mayor AT ,(.T: 611111.1 Mau ;cio Be .ncur, CMC, City Clerk APPROV D AS TO FORM AND , W,AL SUFFICIENCY: AI .AVA ItrYflvi)ttinot, City Attorney Moved by: COMSi Sv4Ntr1i Second by: C01M1vticctot42- aa-r VOTE: Mayor Scholl ✓ yes no Vice Mayor Goldman -yes no Commissioner Aelion yes no Commissioner Gatto ✓ yes no Commissioner Svechin V yes no 18-Z-(coc Estates at Acqualina 7 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. 18-Z- I( adopted by the City Commission at its meeting held on the 19th day of April, 2018. Issued this IA day of it . 2018. jt , Mauric.o Beta cur, CMC, City Clerk . I . J- i 18-4o< Estates at Acqualina 8