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
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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.
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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
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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