HomeMy WebLinkAboutReso 2019-2954 RESOLUTION NO. 2019- 79-511
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE
TRANSFER OF DEVELOPMENT RIGHTS ("TDRs") IN THE
AMOUNT OF SEVEN HUNDRED EIGHTY NINE (789) SQUARE
FEET OF FLOOR AREA ("FAR") AND ZERO (0) DWELLING
UNITS TO 17749 COLLINS OWNER, LLC FOR THE PROPERTY
LOCATED AT 17749 COLLINS AVENUE, UNIT TS-3301 FROM
THE CITY'S TDR BANK ACCOUNT; DIRECTING THE
PLANNING AND ZONING DIRECTOR OR DESIGNEE TO
TRANSFER THE TDRS FROM THE CITY'S BANK ACCOUNT IN
ACCORDANCE WITH ZONING RESOLUTION NO. ;
AUTHORIZING FOR THE ADJUSTMENT AND MODIFICATION
OF THE CITY'S TDR BANK; PROVIDING THE CITY MANAGER
WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, by Zoning Resolution No.l 1•7---11(, adopted July 18`h, 2019, the City
Commission approved the zoning application submitted by 17749 Collins Owner, LLC
("Applicant") for the transfer of TDRs in the amount of Seven Hundred Eighty-Nine (789) square
feet of floor area and Zero (0) dwelling units; and
WHEREAS, the Applicant is required to pay a per square foot price of One Hundred
Twenty-Five Dollars ($125.00); and
WHEREAS, the City Commission agrees to accept Ninety-Eight Thousand Six Hundred
Twenty-Five Dollars ($98,625.00) from the Applicant for the payment of Seven Hundred Eighty-
Nine (789) square feet of floor area and Zero (0) dwelling units of TDRs; and
WHEREAS, the property receiving the TDRs is located at 17749 Collins Avenue, Unit
TS-3301, Sunny Isles Beach and is legally described in Zoning Application No. PZ2019-03; and
WHEREAS, the City Commission wishes to approve the transfer of the TDRs
contemplated herein in accordance with its TDRs ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 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.(9-Z-171, the City Commission hereby
authorizes the Transfer of Development Rights ("TDRs") in the amount of Seven Hundred Eighty-
17749 Collins Owner,LLC-City TDR Bank Page 1 of 3
Nine(789) square feet of floor area and Zero(0)dwelling units to 17749 Collins Owner, LLC from
the City's TDR bank account.
Section 3. Directive to Planning and Zoning Director. The Planning and Zoning Director or
designee is hereby directed to transfer the development rights from the City's TDR Bank to 17749
Collins Owner, LLC in accordance with Zoning Resolution No. 19-1.1
Section 4. Authorizing the Adjustment and Modification of TDRs. The Planning and Zoning
Director is hereby authorized to adjust by decreasing the City's TDR bank account by Seven
Hundred Eighty-Nine (789) square feet of floor area and zero (0) dwelling units.
Section 5. Authorizing Payment Agreement of the Transfer of Development Rights. The
Applicant shall provide the City with a non-refundable deposit in the amount Nine Thousand Eight
Hundred Sixty-Two Dollars and Fifty Cents ($9,862.50), which is 10% of the approved purchase
price of Ninety-Eight Thousand Six Hundred Twenty-Five Dollars ($98,625.00) within three (3)
working days of the approval of this Resolution. The remainder of the payment is due prior to
issuance of the building permit for the site plan approved in accordance with Zoning Resolution
No. 1(1-Z'Il I.
Section 6. Authority of the City Manager. The City Manager are hereby authorized to do all
things necessary to effectuate this Resolution.
Section 7. Effective Date. This Resolution shall become effective upon a•• stion.
PASSED AND ADOPTED this 18`h day of July 019.
1-. 1 George "B..d" Scholl, Mayor
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`,dMauncio Be r..p ur, City Clerk, CMC
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
11 % /AA A L
Edward A. Dion, Esq., City Attorney
17749 Collins Owner,LLC-City TDR Bank Page 2 of 3
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Moved by: Côww1tcsIotJ
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Seconded by: CMi - ASC
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Vote:
Mayor Scholl (Yes) (No)
Vice Mayor Svechin — (Yes) (No)
Commissioner Goldman —7(Yes) (No)
Commissioner Lama /(Yes) (No)
Commissioner Viscarra /(Yes) (No)
17749 Collins Owner,LLC-City 1'DR Bank Page 3 of 3
S�N�Y ,, F City of Sunny isles Beach . .
ti "" -17-1-`i,„ 18070 Collins Avenue
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'1' y -=_ = Sunny Isles Beach, Florida'33160
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MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Claudia Hasbun, Planning and Zoning Director
DATE: 7/18/2019
Transfer Development Rights for the Mansions at
" Acqualina Balcony Enclosure in Unit#TS-3301
RE: 17749 Collins Avenue Unit#TS-3301
Appl. No. PZ2019-03
RECOMMENDATION:
Staff has no objection to the TDRs assignment provided that all
conditions for the site plan Modification are satisfied.
REASONS:
The Applicant is requesting to approve the assignment and purchase of
Transfer.Development.Rights (TDRs) in the amount of 789 square feet
of development rights and 0 dwelling units with an adjustment from the
City TDRs bank in the amount of 789 square feet and 0 dwelling units.
. The City shall either.consider the acceptance of the appraised land
value of $110.00 per square feet of FAR reflected in the 2019
appraisal, for a total of $86,790.00 for the TDR's purchase or the
acceptance of the appraised land value of $125.00 per square feet of
- FAR reflected in the 2017 appraisal, for a total of $98,625.00 for the •
TDR's purchase.
The Applicant shall provide the City with a non-refundable deposit in the
amount of ten percent (10%) of the approved purchased price. The
0 deposit is required within the three (3) working days of approval of the
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Transfer Development Rights (TDRs)application.
, •
- ATTACHMENTS: ' 0
Description
Resolution#1
Resolution#2 ,
TDR APPLICATION
Appraisal Executive Summary Report#1
Appraisal Executive Summary Report#2
Item Number: 10.B.
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