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HomeMy WebLinkAboutReso 2019-2953 RESOLUTION NO. 2019- 23 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 TWO HUNDRED TWENTY NINE (229) SQUARE FEET OF FLOOR AREA ("FAR") AND ZERO (0) DWELLING UNITS TO THE GREENBERG ACQUALINA LP- IAN GREENBERG FOR THE PROPERTY LOCATED AT 17749 COLLINS AVENUE, UNIT 2602 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. l •2-•11V ; 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.I 9•Z-1-71;' adopted July 18th, 2019, the City Commission approved the zoning application submitted by The Greenberg Acqualina LP- Ian Greenberg ("Applicant") for the transfer of TDRs in the amount of Two Hundred Twenty-Nine (229) 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 Twenty-Eight Thousand Six Hundred Twenty-Five Dollars ($28,625.00) from the Applicant for the payment of Two Hundred Twenty- Nine (229) 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 2602, Sunny Isles Beach and is legally described in Zoning Application No. PZ2019-02; 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.1•2.•110 the City Commission hereby authorizes the Transfer of Development Rights ("TDRs") in the amount of Two Hundred Twenty- The Greenberg Acquahna LP-Ian Greenberg-City TDR Bank Page 1 of 3 Nine (229) square feet of floor area and Zero (0) dwelling units to The Greenberg Acqualina LP- Ian Greenberg 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 The Greenberg Acqualina LP- Ian Greenberg in accordance with Zoning Resolution No. iq-I.11Q 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 Two Hundred Twenty-Nine (229) 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 Two Thousand Eight Hundred Sixty-Two Dollars and Fifty Cents ($2,862.50), which is 10% of the approved purchase price of Twenty-Eight Thousand Six Hundred Twenty-Five Dollars ($28,625.00) 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. l°I-Z-r10 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 .•n-a•option. PASSED AND ADOPTED this 18th day • Jul 20 9. F /, v., . ' 4 E` ' George ": d" Scholl, Mayor r ATT o ,T - _Y i I t r. Maoiric10 Bet. n'eur, City Clerk, CMC APPROVED AS TO FORM AND LEGAL SUFFICIENCY: - 1 Edward A. Dion, Esq., City Attorney The Greenberg Acqualina LP-Ian Greenberg-City TDR Bank Page 2 of 3 Moved by: C1; ioiL 60(-.Dryli.1/ Seconded by: \il M 6e SVE ttt,1 Vote: Mayor Scholl ✓ (yes) (No) Vice Mayor Svechin -(Yes) (No) Commissioner Goldman ,/ (Yes) (No) Commissioner Lama —7-(Yes) (No) Commissioner Viscarra —7(Yes) (No) The Greenberg Acqualina LP-Ian Greenberg-City l'DR Bank Page 3 of 3 4 �,s' <Fs� City of Sunny Isles Beach O A 18070 Collins Avenue Sunny Isles Beach, Florida 33160 p,,�.} (305)947-0606 City Hall �).of sV' °'`1 (305)949-3113 Fax 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 RE: Acqualina Balcony Enclosure in Unit#2602 17749 Collins Avenue Unit#2602 Appl. No. PZ2019-02 C 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 229 square feet of development rights and 0 dwelling units with an adjustment from the City TDRs bank in the amount of 229 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 $25,190.00 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 $28,625.00 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 deposit is required within the three (3) working days of approval of the 188 Transfer Development Rights (TDRs)application. OATTACHMENTS: Description Resolution#1 Resolution#2 TDR APPLICATION Appraisal Executive Summary Report#1 Appraisal Executive Summary Report#2 Item Number: 10.A. 0 • • Q 189