HomeMy WebLinkAboutReso 2014-2257RESOLUTION NO. 2014- Z_, rS `j
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 68,694 SQUARE FEET OF FLOOR AREA AND 37
DWELLING UNITS OWNED BY SOLOSER LLC. TO GIL DEZER
AND /OR ASSIGNS; REPEALING RESOLUTION NO. 2013 -2094;
DIRECTING THE ZONING ADMINISTRATOR OR THEIR
DESIGNEE TO CREATE A TDR SUB - ACCOUNT IN THE
AMOUNT OF 689694 SQUARE FEET OF FLOOR AREA AND 37
DWELLING UNITS IN THE NAME OF GIL DEZER AND /OR
ASSIGNS; PROVIDING THE CITY MANAGER AND THE CITY
ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Zoning Resolution 05 -Z -98, adopted on November 17, 2005, and
Resolutions 2005 -859 and 2005 -860, adopted on November 17, 2005 the City Commission
approved the zoning application submitted by Mansiana Ocean Residences, LLC. ( "Mansiana')
for the transfer and assignment of TDRS in the amount of 68,694 square feet of floor area and 37
dwelling units; and
WHEREAS, Mansiana via Mercantil Commercebank, N.A. f /k/a Commercebank, N.A.,
assigned the development rights associated with building permits B2007 -94 and B2007 -95 (the
"Permits ") to Soloser LLC. ( "Soloser ") and consequently Soloser is now recognized by the City as
the owner of the aforementioned Permits; and
WHEREAS, by Resolution No. 2013 -2094, adopted on July 18th, 2013, the City
Commission extended the development permits for the Mansiana Project; and
WHEREAS, the City Commission wishes to authorize the transfer of development rights
and create a TDR sub - account in favor of Gil Dezer and /or assigns in the amount of 68,694 square
feet of floor area and 37 dwelling units; and
WHEREAS, the City Commission wishes to repeal Resolution No. 2013 -2094, adopted on
July 18, 2013.
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. The City Commission hereby
authorizes the transfer of development rights ( "TDRs ") to a TDR sub - account in favor of Gil Dezer
and /or assigns in the amount of 68,694 square feet of floor area and 37 dwelling units.
Page 1 of 2
Section 3. Repeal of Resolution No. 2013 -2094. The City Commission hereby authorizes the
repeal of Resolution No. 2013 -2094, adopted on July 18, 2013.
Section 4. Directive to Zoning Administrator. The Zoning Administrator or their designee is
hereby directed to create the TDR sub - account in the amount of 68,694 square feet of floor area
and 37 dwelling units in favor of Gil Dezer and /or assigns.
Section 5. Authority of the City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 19th day of June 2014
ATTEST:
Jane A. Hines, City Clerk
APPROVED AS TO FORM
AND LEGAL SAFFICIENCY:
Attorney
Vote: S�O
Mayor Edelcup
Vice Mayor Aelion
Commissioner Gatto
Commissioner Levin
Commissioner Scholl
N rman S. Edelcup, Mayor
Moved by: �p►nn�1bLL-
Seconded by: tce %��tnr P l' D
(Yes)
(No)
(Yes)
(No)
Yes)
(No)
V( es)
(Yes)
(No)
(No)
Page 2of2
SOLOSER LLC.
18101 Collins Avenue — 31st Floor
Sunny Isles Beach, Florida 33160
Phone: (305) 932 -1000
Fax: (305) 705 -9948
May 5, 2014
SENT VIA HAND DELIVERY
Hans Ottinot
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Re: Transfer of "Bundled Rights"
Dear Mr. Ottinot:
Pursuant to approval of the City of Sunny Isles Beach ( "City"), all of the Permits, TDR's
and other associated rights incident to the property located at 15701 Collins Avenue, Sunny
Isles Beach ( "Bundled Rights ") were assigned and transferred to Soloser LLC. ( "Soloser ") Said
Bundled Rights include but are not limited to 68,694 square feet of Floor Area and 37 dwelling
units. Soloser is desirous of transferring these Bundled Rights from Soloser into a "Bank
Account" created with the City in the individual name of Gil Dezer and /or his Assigns.
Upon receipt and review of this request, please contact the undersigned so that we may
discuss the process and effectuate this transfer.
Thank you for your timely attention to this matter.
X � ay tamm
For the Company
RECEIVED
W15:jw
M" 0 5 2014
CITY OFS1NN -)' ISLES
BEACH
OFFICE OF THE CITYATBEACH
SJNNY IS4 City of Sunny Isles Beach
° F 18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
- (305) 947 -0606 City Hall
— (305) (305) 949 -3113 Fax
�sF X99, *" SAP (305) 947 -2150 Building Department
r Y OF F o �o (305) 947 -5107 Fax
SUN P
MEMORANDUM
TO: Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney
DATE: June 19, 2014
Citv Commission
Norman S. Edelcup, Alfayor
Isaac Aelion, Vice Mayor
Jeanette Gatto, Commissioner
Jennifer Lein, Commissioner
George "Bud" Scholl, Commissioner
Christopher J. Russo City Manager
Hans Ottinot, City Attorney
Jane A. Hines, TIC, City Clerk
RE: Resolution authorizing the transfer of development rights in the amount of 68,694 square
feet of floor area and 37 dwelling units owned by Soloser LLC.
RECOMMENDATION
The proposed Resolution authorizing the transfer of development rights in the amount of 68,694 square
feet of floor area and 37 dwelling units to Gil Dezer and /or assigns for your consideration.
REASONS
Through Zoning Resolution 05 -Z -98, adopted on November 17, 2005, and Resolutions 2005 -859
and 2005 -860, adopted on November 17, 2005 the City Commission approved the zoning
application submitted by Mansiana Ocean Residences, LLC. ( "Mansiana ") for the transfer and
assignment of TDRs in the amount of 68,694 square feet of floor area and 37 dwelling units. The
aforementioned TDRs were included in the building permits discussed below.
Mansiana via Mercantil Commercebank, N.A. f /k/a Commercebank, N.A., assigned the
development rights associated with building permits B2007 -94 and B2007 -95 (the "Permits ") to
Soloser LLC. ( "Soloser "), an entity controlled by Gil Dezer. Consequently, Soloser is now
recognized by the City as the owner of the aforementioned Permits and associated development
rights. By Resolution No. 2013 -2094, adopted on July 181h, 2013, the City Commission extended
the development Permits owned by Soloser. These permits have now expired. However, the
TDRs associated with the permits have not expired. Soloser is requesting an administrative
transfer of the TDRs approved under the aforementioned Permits to Gil Dezer, who is the
General Partner or owner of Soloser.
The City Commission wishes to authorize the transfer of development rights and create a TDR
sub - account in favor of Gil Dezer and /or assigns in the amount of 68,694 square feet of floor area
and 37 dwelling units. The City Commission also wishes to repeal Resolution No. 2013 -2094,
adopted on July 18, 2013 due to the expiration of the permits.