HomeMy WebLinkAboutReso 2013-2149RESOLUTION NO.20131ZA9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN EXTENSION
FOR THE USEFUL LIFE OF DEVELOPMENT RIGHTS OWNED
BY REGALIA BEACH DEVELOPERS, LLC PROVIDING THAT
REQUIRED ANNUAL PAYMENTS ARE MADE TO PRESERVE
SUCH RIGHTS; PROVIDING THE CITY MANAGER WITH THE
AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE,
WHEREAS, by Resolution No. 2009 -1398, adopted March 19, 2009, the City
Commission adopted a formal policy to permit the extension of useful life of developments rights
provided that annual payments are made to the City; and
WHEREAS, the City has the authority to terminate the useful life of development rights
under the extension program for failure to pay the annual extension fee and no vested rights are
created by such extension of useful life of development rights; and
WHEREAS, the City Commission wishes to grant the extension requested by Regalia
Beach Developers, LLC based on payment of the initial annual fee.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. All recitals are incorporated into the body of this
Resolution as if same were fully set forth herein.
Section 2. Approval of Extension. The City Commission hereby approves an annual
extension pursuant to Resolution No. 2009 -1398 for the useful life of development rights owned
by Regalia Beach Developers, LLC provided that annual extension fee is paid on a timely basis.
Section 3. Authority of the City Manager. The City Manager has the authority to do all things
necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 21st day of November 2013
Approving Ext. TDRs Regalia Beach Developers, LLC page I of 2
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Orman S. Edelcup, Mayor
ATTEST:
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Jane-K.—Hines, MMC, City Clerk
APPROVED AS TO FORM
AND LEGS SUFFICIENCY:
ty Attorney
Moved by: �E{pLL
Seconded by: rn mM�A�,+..�•
Vote: 5 -b
Mayor Edelcup
Vice Mayor Aelion
Commissioner Gatto
Commissioner Levin
Commissioner Scholl
Approving Ext. TDRs Regalia Beach Developers, LLC Page 2 of 2
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October 29, 2013
VIA FEDEX
Ms. Claudia Hasbun
Zoning Administrator /Planning Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Re: Request for Extension of Transferable Development Rights
Dear Ms. Hasbun:
In accordance with your letter dated October 21, 2013, we request an
extension of the transferable development rights held by Regalia Beach Developers
LLC. Either Mr. Kevin Venger, Regalia's Executive Vice President, or I will attend the
City Commission hearing on November 21, 2013, at 6:30 p.m. Enclosed please find
our check for $1,258.57 in payment of the applicable fee.
Please call me if you need any additional information.
Louis R. Montello
President
Enclosure
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VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305)949.3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager
Claudia Hasbun, Zoning Administrator /Planning Manager
11/21/2013
Transfer of Development Rights (TDRs) Request for Extension by
Regalia Beach Developers, LLC.
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
Pursuant to Resolution No. 2009 -1398, adopted March 19, 2009, any owner of
privately owned development rights ( "TDRs ") acquired pursuant to Section 265-
23 of the Land Development Regulations may request an extension to utilize
development rights purchased by a private party upon an annual payment fee.
Regalia Beach Developers, LLC. is requesting an extension of the TDRs in the
amount of eight (8) units and 15,538 square feet of floor area. The property
owner shall pay an annual fee according to the City's developed formula in order
to preserve the development rights stated above. The annual fee for this FY
2013/2014 is $1,258.57. This extension does not create any vested rights with
respect to the development rights
ATTACHMENTS:
• Resolution
• TDR owner request
• TDR extension payment FY13 -14
Agenda Item No. 101
Date 11212013
168