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RESOLUTION NO. 21-Z- i y i <br /> A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY <br /> ISLES BEACH, FLORIDA, APPROVING A SITE PLAN MODIFICATION <br /> APPLICATION (PZ2021-08) SUBMITTED BY 43 SIB LLC, FOR THE <br /> PROJECT ENTITLED "MANSIONS AT ACQUALINA" TO INCREASE <br /> THE FLOOR AREA RATIO (FAR) OF DWELLING UNIT 4301 BY 283 <br /> SQUARE FEET OF FAR, THROUGH THE CITY'S TRANSFER <br /> DEVELOPMENT RIGHTS (TDR) PROGRAM, BY ENCLOSING A <br /> SECTION OF THE DWELLING UNIT'S WESTERN BALCONY, WHICH <br /> WILL INCREASE THE APPROVED OVERALL SQUARE FOOTAGE OF <br /> FAR FOR MANSIONS AT ACQUALINA PROJECT FROM 432,684 <br /> SQUARE FEET OF FAR TO 432,967 SQUARE FEET OF FAR; <br /> PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO <br /> ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; <br /> PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; <br /> PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, 43 SIB LLC (the "Applicant") is seeking approval of a Site Plan <br /> Modification(PZ2021-08)to modify the approved site plan for the Mansions at Acqualina project <br /> which was approved by the City of Sunny Isles Beach ("City") pursuant to Resolution No. 11-Z- <br /> 124 passed and adopted December 22, 2011, and later modified through Resolution No. 12-Z-127 <br /> passed and adopted March 15, 2012; and <br /> WHEREAS, the overall Mansions at Acqualina project initially utilized 431,305 square <br /> feet of Floor Area Ratio ("FAR"), and throughout the years, several independent unit owners <br /> (Resolution No. 16-Z-159, Resolution No. 17-Z-164, Resolution No. 19-Z-170, Resolution No. <br /> 19-Z-171) have obtained approval for balcony enclosures, through the City's Transfer <br /> Development Rights ("TDR") program, increasing the overall FAR of the project to 432,684 <br /> square feet of FAR; and <br /> WHEREAS, the applicant is seeking to increase the FAR of dwelling Unit 4301 by 283 <br /> square feet of FAR,through the City's TDR program,by enclosing a section of the dwelling unit's <br /> western balcony; and <br /> WHEREAS, pursuant to the instant site plan modification, the Applicant is seeking to <br /> purchase TDR's in the amount of 283 square feet of FAR and zero (0) dwelling units; and <br /> WHEREAS, pursuant to Resolution 2018-2840, the City approved a Land Donation and <br /> Transfer of Development Rights Agreement between the City and Navarro ("Navarro <br /> Agreement"), which requires the City to sell the private TDRs held in favor of Navarro before the <br /> City can sell any TDRs held in the City's public TDR account. This TDR transaction will utilize <br /> the sale of TDRs from the Navarro Private TDR account in the amount of 283 square feet of FAR <br /> and zero (0) dwelling units; and <br /> WHEREAS, via Resolution 2021-3222, the City Commission approved the Applicant's <br /> purchase of TDRs in the amount of 283 square feet of FAR and 0 dwelling units from the private <br /> TDR bank account of NDPRE #14, LLC, and further approved the assignment of solely the 283 <br /> square feet of FAR to the property located at 17749 Collins Avenue in furtherance of the requested <br /> site plan modification; and <br />