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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.