HomeMy WebLinkAboutReso 2013-2130CFN 2171480080026
OR Bk 29013 Pss 1261 - 1263; (3P90
RECORDED 01/31/2014 14:30:32
HARVEY RUVINr CLERK OF COURT
MIAMI -DADE COUNTYF FLORIDA
RESOLUTION NO. 2013- gj_50
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA; AUTHORIZING THE
ASSIGNMENT OF TDRS IN THE ANIOUNT OF THIRTY THREE
THOUSAND THREE HUNDRED SIXTY FOUR (33,364) SQUARE
FEET OF FLOOR AREA AND ZERO (0) DWELLING UNITS TO
DEZER DEVELOPMENT LLC., FOR THE RECEIVING SITE
LOCATED AT 18080 COLLINS AVENUE; DIRECTING THE
ZONING ADMINISTRATOR OR DESIGNEE TO TRANSFER
THE TDRS FROM THE BANK ACCOUNT IN ACCORDANCE
WITH ZONING RESOLUTION I2,Z -I AUTHORIZING THE
ADJUSTMENT AND MODIFICATION OF THE TDR BANK
ACCOUNT; PROVIDING THE CITY MANAGER IVITH THE
AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, by Resolution No. 2011 -1795, adopted on November 9; 2011, the City
Commission approved the creation of the Private TDR sub - account bank in favor of Dezer
Development. LLC ( "Applicant') to facilitate the construction of a commercial office building;
and
WHEREAS, by Zoning Resolution No.13Z 138. adopted on October 17, 2013, the City
Commission approved the zoning application submitted by the Applicant and the request to
utilize TDRs in the amount of 33,364 square feet of floor area and 0 dwelling units; and
WHEREAS, the private TDR Bank balance will be adjusted to reflect the transfer of
Thirty Three Thousand Seven Hundred Fifty (33,750) and Sixteen (16) dwelling units: and
WHEREAS, the property receiving the TDRS is described as follows:
Parcel 1. Tracts A and B, of S.I.B. GOVERNMENT CENTER. according to the Plat thereof. as
recorded in Plat Book 168, Page 75 of the Public Records of Miami -Dade County,
Florida. "Also Known as': A portion of the Plat of S.I.B. GOVERNMENT CENTER,
according to the Plat thereof, as recorded in Plat Book 168, Page 75. of the Public
Records of Miami -Dade County; more particularly described as: All of Parcel 1,
LESS the North 150 feet, as measure along the East line thereof, and LESS the South
499.145 feet as measured along the East line thereof, of the REPLAT OF TRACT
"A" SUNNY ISLES SHORES SECTION A. according to the Plat thereof, recorded
in Plat Book 64, Page 74, of the Public Records of Miami -Dade County. Florida.
(18080 Collins Avenue)
WHEREAS, the City Commission agrees to authorize the transfer of the TDRs
contemplated herein in accordance with its transfer of development rights ordinance.
Transfer & Assignment Dezer Development, LLC (Dezer Office Tower) TDR Bank Page 1 of 3
6
NOW THEREFORE, BE IT RESOLVED BY THE CITY CO!NIMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are
incorporated herein by reference as if they are fully set forth herein.
Section 2. Authorizing the Transfer of Development Rights. Pursuant to Section 265 -23 of
the City Code and in accordance with Zoning Resolution No. 13-2- 38 the City Commission
hereby authorizes the transfer of the development rights in the amount of 33364 square feet of
floor area and 0 dwelling units to Dezer Development, LLC from the TDR account allocated for
property located at 18080 Collins Avenue, pursuant to the Agreement of Purchase and Sale
between the City of Sunny Isles Beach and Dezer Development. LLC under Resolution No.
2011 -1795 adopted on November 9. 2011.
Section 3. Directive to Zoning Administrator and Adjustment to TDRs Bank. The Zoning
Administrator or designee is hereby directed to transfer the development rights from TDR Bank
of Dezer Development, LLC in the amount of 33.364 square feet of floor area and 0 dwelling
units pursuant to zoning Resolution No. 11:7:-138 . The Zoning Administrator is hereby
instructed to make the necessary adjustments to the TDR bank account to reflect the reduction of
Thirty Three Thousand and Seven Hundred and Fifty (33,750) square feet of floor area and
Sixteen (16) dwelling units.
Section 4. Authoritv of the Citv Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17'" day of October. 2013.
ATTEST:
Jane A. Ines, MMC, City Clerk
APPROV- D AS TO FORM
AND, -LE AL SUFFICIENCY:
Attorney
Transfer & Assignment Dezer Development, LLC (Dezer Office Tower) "I-DR Bank Page 2 of 3
OR BK 29013 PG 1263
LAST PAGE
Moved by: �V11Ca MMJAW �IOIJ
Seconded by: Lpr viru t*w Lew I
Vote: S —b
Mayor Edelcup
✓ (Yes)
(No)
Vice Mayor Aelion
✓ (Yes)
(No)
Commissioner Gatto
(Yes)
_(No)
Commissioner Levin
(Yes)
(No)
Commissioner Scholl
(Yes)
(No)
Transfer & Assignment Dezer Development, LLC ( Dezer Office Tower) TDR Bank Page 3 of 3
TDR 2011 CH
City Use Only
PLANNING & ZONING DEPT.
SJ�INY �S<
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APPLICATION FORM
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
Clerk of Court Use Only
I. APPLICANT INFORMATION
Dezer Universal LLC
PHONE (305)932 -1000 E -MAIL mhutchinsonpdezer.com FAX (305)705 -9948
ADDRESS 18001 Collins Avenue, 3151 Floor
CITY AND STATE Sunny Isles Beach, FL ZIP CODE 33160
II. RECEIVER SITE INFORMATION AS APPLICABLE
OWNERS NAME Dezer Universal LLC
PHONE (305)932 -1000 E -MAIL mhutchinsongdezer.com FAX(305)705 -9948
ADDRESS 18001 Collins Avenue, 3151 Floor
CITY AND STATE Sunny Isles Beach, FL ZIP CODE 33160
PROPERTY ADDRESS/LOCATION 18080 Collins Avenue
LEGAL DESCRIPTION All of Tracts A and B of the Plat of S.I.B. Government Center, according to the
plat thereof, as recorded in Plat Book 168, Page 75, of the Public Records of Miami Dade County Florida.
FOLIO NUMBER 31 -2211- 082 -0020 & 31 -2211- 082 -0010 CURRENT ZONING BO- Business
Overlay
City of Sunny Isles Beach - Planning and Zoning Department
TDR 2011 CH
PROPERTY SIZE 450ftX99.43 ft. acres: 1,027 PURCHASE DATE 11/30/2011
EXISTING USE OF PROPERTY Parking and automobile rental facility
EXISTING STRUCTURE ON PROPERTY Freestanding Single _story sale scenter (50'x25'/1
story building,), masonry dumpster enclosure approx. (10'x10')
PROPOSED FLOOR AREA RATIO DENSI'T'Y
PERCENTAGE OF RIGHTS TO BE RECEIVED
SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 0j 36 y
DWELLING UNITS TO BE RECEIVED
TOTAL FLOOR AREA RATIO INCLUDING TDR 146,250
TOTAL DWELLING UNITS INCLUDING TDR 0
III. SENDING SITE INFORMATION
OWNERS NAME City of Sunny Isles Beach TDR Bank
PHONE E -MAIL
ADDRESS
F
CITY AND STATE ZIP CODE
PROPERTY ADDRESS/LOCATION
LEGAL DESCRIPTION
FOLIO NUMBER CURRENT ZONING
PROPERTY SIZE PURCHASE DATE
EXISTING USE OF PROPERTY
EXISTING STRUCTURES ON PROPERTY
BASE FLOOR AREA RATIO PERMITTED 2.00 UNITS PERMITTED
SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK 33,750
cii7 of Sunny Isles Beach 2_ Planning and Zoning Department
TDR 2011 CH
DWELLING UNITS TRANFERED TO TDR BANK N/A
IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE
APPROVED BY THE CITY]
NAME
PHONE E -MAIL FAX
91 7
CITY AND STATE ZIP CODE
DATE OF APPRAISAL
APPRAISAL VALUE OF SITE
V. TITLE COMPANY INFORMATION AS APPLICABLE [TITLE COMPANY MUST
BE APPROVED BY CITY]
A COMMITMENT OF TITLE INSURANCE FOR A FORM "B" MUST BE SUPPLIED BY THE
SENDING SITE APPLICANT AS PART OF A COMPLETE APPLICATION
NAME OF TITLE COMPANY
ADDRESS
PHONE E -MAIL FAX
VI. SURVEY COMPANY INFORMATION
NAME OF SURVEYOR Fortin, Levy, Skiles, Inc.
ADDRESS 180 NE 168th St., North Miami Beach, FL 33162
PHONE (305) 653 -4493 E -MAIL Danjrnflssurvey,com FAX(305) 651 -7152
VII. PROPERTY OWNER CERTIFICATION
NAME OF COMPANY Dezer Universal, LLC.
ADDRESS 18001 Collins Ave., 31" Floor, Sunny Isles Beach, FL 33160
PHONE (305) 932 -1000 E -MAIL mhutchinsonQdezer.com FAX (305)705 -9948
City of Sunny Isles Beach �.,__ Planning and Zoning Department
TDR 2011 CH
VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE
(PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR)
IX. CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING
ADJACENT LOTS
X. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGEMENT
I HEREBY CERTIFY THAT
1) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHEMNTS
ARE TRUE
2) I AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTION (II) (III)
, (circle applicable number).
3) IF THE APPLICATION, AS MODIFIED OR AMENDED DURING THE REVIEW AND
APPROVAL PROCESS, IS GRANTED, I AGREE, IN CONSIDERATION THEREFORE, TO
INDEMNIFY AND HOLD HARMLESS, AND PROMISE NOT TO SUE, THE CITY OF
SUNNY ISLES BEACH, INCLUDING ITS OFFICERS AND EMPLOYEES, IN
CONNECTION WITH ANY CLAIMS OR OTHER ACTIONS ARISING OUT OF SAID
REVIEW AND APPROVAL.
4) I HEREBY ACKNOWLEDGE AND AGREE THAT IF THE PROPERTY IS APPROVED AS
A SENDER SITE, IT SHALL BE CONVEYED TO THE CITY AS VACANT PROPERTY
WITHOUT ANY STRUCTURES LOCATED THEREON, UNLESS OTHERWISE
AAPROVED BY THE CITY MANAGER. THE REMOVAL OF STRUCTURES FROM THE
SITE SHALL BE AT NO COST TO THE CITY.
5) I HEREBY ACKNOWLEDGE AND AGREE THAT, AT THE EXPIRATION OF THE FIVE
YEAR PERIOD COMMENCING WITH THE DATE OF THE CITY COMMISSION
APPROVAL OF THE PROPERTY AS A SENDER SITE, ANY UNUSED DEVELOPEMNT
RIGHTS TRANSFERRED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE, AND
BECOME EXTINGUISHED AND UNUSABLE.
City of Sunny Isles Beach 4 Planning and Zoning Department
i
TDR 2011 CH
1 1
SIGNATURE OF OWNER (APPLICANT) DATE
SIGNATURE OF CO -OWNER (CO- APPLICANT) DATE
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
The foregoing instrument was acknowledged before me this 1 lt" day of September,
20131 by Gil Dezer on behalf of Dezer Universal LLC, a Florida limited liability
company. He is personally known to me or has produced
(type of identification produced) as identification and did take an oath.
My Commission Expires:
:�•' E `�Y NA E WILS014
I(RISTI
Y COMMISSION # EE126787
9;, ;EXPIRES August 31, 2015
(a07)398 FloddeNotaryService,com
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
e,
Notary ublic ate of J Florida
Print Name: W " ,
The foregoing instrument was acknowledged before me this day of
20 , by on behalf of
a Florida (corporation) (partnership) (other)
He /She is personally known to me or has produced
(type of identification produced) as identification
produced and did take an oath.
My Commission Expires:
Notary Public, State of Florida at Large
Print Name:
City of Sunny Isles Beach 5LZ=��� Planning and Zoning Department
• �y to N Y CSC
ass ef� City of Sunny Isles Beach
ti 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Sf IF9'' Ep 0¢,OPykr (305) 947 -0606 City Hall
of Nil (305) 949 -3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Claudia Hasbun, Zoning Administrator /Planning Manager
DATE: 10/17/2013
RE: Dezer Office Tower
Transfer of Development Rights (TDRs) Report
18080 Collins Avenue (Receiver Site)
•
RECOMMENDATION:
Staff has no objection to the TDRs assignment provided that all conditions for the Site
Plan are satisfied.
REASONS:
The Applicant is requesting to approve the utilization of private TDRs in the amount of
33,364 square feet of development rights and 0 dwelling units. The private TDRs are
from Dezer Development, LLC account in the amount of 33,750 square feet and 16
dwelling units. The effect of the TDR's purchase and approval on the project would be
an increase in F.A.R. only since this project does not include a residential component.
The Applicant has proposed to utilize not all the square footage to be assigned,
consequently forfeiting the remaining TDRs.
The Applicant is requesting the assignment of TDRs in the amount of 33,364 square feet
of development rights and 0 dwelling units for the Dezer Office Tower accordance with
Zoning Resolution No. , adopted on October 17, 2013.
ATTACHMENTS:
. Resolution
. Application
go
Agenda Item No 101
Date 10/17/2013
207