HomeMy WebLinkAboutReso 2014-2268RESOLUTION NO. 2014- Z2,U3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE
ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS
( "TDRS ") IN THE AMOUNT OF 7,213 SQUARE FEET OF FLOOR
AREA AND 3 DWELLING UNITS OWNED TO PMG -S2 SUNNY
ISLES, LLC; DIRECTING THE ZONING ADMINISTRATOR TO
CREATE A TDR SUB - ACCOUNT IN THE AMOUNT OF 79213
SQUARE FEET OF FLOOR AREA AND 3 DWELLING UNITS IN
THE NAME OF PMG -S2 SUNNY ISLES, LLC; 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 No. 12 -Z -132, adopted on November 15, 2012, and
Resolutions No. 2012 -1989, adopted on November 15, 2012 the City Commission approved the
zoning application submitted by Palermo Beach, LLC For the project called Unique and for the
transfer and assignment of TDRs in the amount of 51,287 square feet of floor area and 27 dwelling
units; and
WHEREAS, by Resolution No. 2012 -1989, the City Commission authorized the Zoning
Administrator to create a Private TDR sub -bank account in favor of Palermo Beach, LLC
( "Assignor') in the amount of 7,213 square feet of floor area and 3 dwelling units; and
WHEREAS, Assignor has assigned the development rights in the Private TDR sub -bank
account to PMG -S2 Sunny Isles, LLC. ( "Assignee") and the Assignee is seeking confirmation of
the assignment of the TDRs from the City; and
WHEREAS, the City Commission wishes to approve the assignment of the Private TDRs
to the Assignee and to create a Private TDR sub - account in favor of Assignee in the amount of
7,213 square feet of floor area and 3 dwelling units.
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 assignment of transfer of development rights ( "TDRs ") to a Private TDR sub -
account in favor of PMG -S2 Sunny Isles, LLC in the amount of 7,213 square feet of floor area and
3 dwelling units.
Page 1 of 2
Section 3. Directive to Zoning Administrator, The Zoning Administrator is hereby directed to
create a Private TDR sub - account in the amount of 7,213 square feet of floor area and 3 dwelling
units in favor of PMG -S2 Sunny Isles, LLC.
Section 4. Authority of the City Manager and City Attorney. The City Manager and the City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17th day of July 2014
ATTEST:
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Jane A. Hines, City Clerk, MMC
APPROVED AS TO FORM
AND,,I,GA"UFFICIENCY:
ans Ottitot, City Attorney
Vote: S--C)
Mayor Edelcup
Vice Mayor Aelion
Commissioner Gatto
Commissioner Levin
Commissioner Scholl
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Moved by: V i . c-- M PAO f 10A3
Seconded by: l�w�ns -•
Sco�L
(Yes)
(No)
V (Yes)
(No)
✓ (Yes)
(No)
(Yes)
(No)
i/ (Yes)
(No)
Page 2 of 2
C4 Bilzin Sumberg
Stanley B. Price, Esq.
Tel 305 - 350 -2374
Fax 305 - 351 -2204
sprice @bilzin.com
June 25, 2014
Mr. Christopher Russo
City Manager
City of Sunny Isles Beach
18070 Collins Avenue, 4th Floor
Sunny Isles Beach, FL 33160
RE: PMG -S2 Sunny Isles, LLC ( "PMG ")
Dear Mr. City Manager:
Pursuant to your Code of Ordinances, PMG is respectfully requesting the right to
maintain 7,213 square feet or 3 residential units of Transfer of Development Rights (TDR)
credits in a private TDR bank maintained by PMG. We will maintain the private TDR bank in
according with City procedures.
Pursuant to City Application No. P2014 -06, PMG is seeking approval of a major site plan
modification of an approved site plan under Resolution 12 -Z -132, adopted on November 15,
2013.
PMG has acquired 58,500 in its PMG -S2 Sunny Isles, LLC Account. In order to develop
under its submitted site plan modification application, PMG will require the utilization of 51,287
square feet of development rights and 27 dwelling units. This will leave a balance in the
account of 7,213 or 3 residential units.
Thank you for your courtesy in this matter and please acknowledge receipt of this
correspondence.
Respectfully yours,
Fe
2Stn ley 5B'
SBP:cb
cc: Hans Ottinot, City Attorney
Javier Avino. Esq.
Ms. Adrianne Hartman
MIAMI 4220854.1 80640143333
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor, Miami, FL 33131 -3456 h'! 305.374.7580 i o 305.374.7593
,
TO:
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
7/17/2014
PMG -S2 Sunny Isles, LLC - TDRs Assignment
RECOMMENDATION:
Staff has no objection to the TDRs assignment.
REASONS:
PMG -S2 Sunny Isles, LLC is the assignee for the development rights approved
under Zoning Resolution 12 -Z -132 adopted on November 15, 2012. The
assignee is requesting to create a private TDRs sub - account in the amout of
7,213 square feet of floor area and 3 dwelling units.
ATTACHMENTS:
• Request
• Resolution
Agenda Item No. IOH
Date 7/17/2014
449