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HomeMy WebLinkAboutReso 2014-2320 { 86TH 11111'1111 1IIIIHi i RECORDED 01/21/2015 0?;55 HARVEY t+.!.,r.!.Iir !.:!.. -.R1:. OF !;1111; RESOLUTION NO. 2014-2`3Z 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 EIGHTY THREE THOUSAND FOUR HUNDRED FORTY FIVE (83,445) SQUARE FEET OF FLOOR AREA ("FAR") AND FORTY-TWO (42) DWELLING UNITS TO SUNNY ISLES PROPERTY VENTURE, LLC FOR THE PROPERTY LOCATED AT 15701 AND 15795 COLLINS AVENUE FROM PRIVATE TDR BANK ACCOUNTS; APPROVING AN ASSIGNMENT AGREEMENT BETWEEN PMG-S2 SUNNY ISLES, LLC AND SUNNY ISLES PROPERTY VENTURE, LLC; DIRECTING THE ZONING ADMINISTRATOR OR DESIGNEE TO TRANSFER THE TDRs FROM THE PRIVATE BANK ACCOUIITS IN ACCORDANCE WITH ZONING RESOLUTION NO. ,i f : i C AUTHORIZING THE ADJUSTMENT AND MODIFICATION OF THE PRIVATE TDR BANK ACCOUNTS; 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. �,t 11-• 4 adopted on October 16, 2014 the City Commission approved the zoning application submitted by Sunny Isles Property Venture, LLC ("Applicant") for the transfer of TDRs in the amount of 132,463 square feet of floor area and 52 dwelling units; and WHEREAS, the Applicant currently owns a Private TDR bank account in the amount of 76,232 square feet of floor area and 39 dwelling units pursuant to Resolution No. 2014-2181, adopted on January 16, 2014; and WHEREAS, on September 17, 2014, the Applicant entered into an assignment agreement for TDRs with PMG-S2 Sunny Isles, LLC where PMG-S2 Sunny Isles, LLC assigned and transferred its Private TDR bank account in the amount of 7,213 square feet of floor area and 3 dwelling units to the Applicant, and; WHEREAS, the Private TDR bank accounts balance will be adjusted to reflect the utilization of TDRs by the Applicant and to reflect the withdrawal from the accounts in the amount of Eighty Three Thousand Four Hundred Forty Five (83,445) square feet of floor area and Forty Two (42) dwelling units; and WHEREAS,the receiving site for the TDRs is located at 15701 and 15795 Collins Avenue and is legally described in Zoning Application No. PZ2014-11; and WHEREAS, the City Commission agrees to authorize the transfer of the TDRs contemplated herein in accordance with Section 265-23 of the Code of the City of Sunny Isles Beach. Sunny Isles Property Venture&PMG-S2 Sunny Isles -Private TDR BankPage 1 of 3 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 Utilization of Transfer of Development Rights. Pursuant to Section 265-23 of the City Code and in accordance with Zoning Resolution No.i4-2-p14 the City Commission hereby authorizes the utilization of transfer of the development rights in the amount of 83,445 square feet of floor area and 42 dwelling units to Sunny Isles Property Venture, LLC. from the Private TDR bank accounts. Section 3. Approval of Assignment Agreement. The City Commission hereby approves the assignment agreement attached as Exhibit "A" for the transfer of 7,213 square feet of floor area and 3 dwelling units between PMG-S2 Sunny Isles, LLC and Sunny Isles Property Venture, LLC. Section 4. Directive to Zoning Administrator. The City's Zoning Administrator or designee is hereby directed to transfer the development rights from the TDR ba k accounts to Sunny Isles Property Venture, LLC. in accordance with Zoning Resolution No. /1-2-141, The City's Zoning Administrator or designee is hereby directed to close the Private TDR bank accounts owned by Sunny Isles Property Venture, LLC and PMG-S2 Sunny Isles, LLC. 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 16th day of October, 2014. .rman S. Edelcup, Mayor ATTEST: � T c,i r Y Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND L a 7 ?7ICIENCY: c` l'HY'Os'.not,Cit Attorney / Sunny Isles Property Venture&PMG-S2 Sunny Isles-Private TDR BankPage 2 of 3 4 i'ij,.. 11:3:::4', '.':::;::''Pr' 1 :;;''g:.:j1 II":' ,1: , .■;i ::::i-.: '':.-... li i!!7!1:11:.::;;' •••••:"if74,::•-;i ivz.:- Moved by: ii,.\\r, k (1 (!, AAu P'', / '`.-S-C..-.'L -.Vr-',:) Seconded by: it I, _ , c, ci 0;',.,A,;,,,,:‘,A.,,,.. ,4 ■NZ-1 "N, ,-. - (' Vote: Mayor Edelcup (-,--(Yes) (No) Vice Mayor Aelion ik-- (Yes) (No) Commissioner Gatto v/(Yes) (No) Commissioner Levin q-/ _,(Yes) (No) Commissioner Scholl /(Yes) (No) Sunny Isles Property Venture&PMG-S2 Sunny Isles-Private TDR Bank Page 3 of 3 ,: . . . . ,•, , .. ,.. TDR 2011 CH City Use Only Date Received Date Issued Resolution APPLICATION FORM 01, O 'TY � OF SUN � TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE I. APPLICANT INFORMATION pECEE V D S E P _ 5 2014 22plt-A -1 PLANNING & ZONING DEPT. Clerk of Court Use Only NAME_ Sunny Isles Property Venture LLC PHONE 305 - 351 -1000 E -MAIL eimerv(aa)fortuneintlgroup.com FAX 305 - 371 -6213 ADDRESS 1300 Brickell Avenue CITY AND STATE Miami, FL ZIP CODE 33131 II. RECEIVER SITE INFORMATION AS APPLICABLE OWNERS NAME Sunny Isles Property Venture LLC (as to 15701 Collins) Sunny Isles OP Venture LLC (as to 15795 Collins) PHONE 305 - 351 -1000 Email: eimery fortuneintlgroup.com FAX 305 - 351 -6213 ADDRESS 1300 Brickell Avenue CITY AND STATE_ Miami, FL ZIP CODE 33131 PROPERTY ADDRESS/LOCATION 15701 and 15795 Collins Avenue LEGAL DESCRIPTION See attached Exhibit "A" FOLIO NUMBER 31- 2214 - 008 -0030: 31-2214-008-0040 CURRENT ZONING MU -R City of Sunny Isles Beach Planning and Zoning Department MIADOCS 9709956 1 TDR 2011 CH PROPERTY SIZE 2.2 acres (95.988 sq. ft.) PURCHASE DATE 12/5/13 (as to 15701 Collins): 2/7/14 (as to 15795 Collins) EXISTING USE OF PROPERTY Vacant: temporary sales center EXISTING STRUCTURE ON PROPERTY Partially constructed "Solis" structure and temporary sales center. PROPOSED FLOOR AREA RATIO 5.98 FAR DENSITY 211 units PERCENTAGE OF RIGHTS TO BE RECEIVED 30% SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 132.463 sq. ft. (See attached Exhibit "B") DWELLING UNITS TO BE RECEIVED 52 units (See attached Exhibit "B ") TOTAL FLOOR AREA RATIO INCLUDING TDR 574.008 sq. ft. TOTAL DWELLING UNITS INCLUDING TDR 211 units III. SENDING SITE INFORMATION OWNERS NAME City of Sunny Isles Beach (as to TDRs identified on Exhibit `B ") PHONE 305 - 947 -0606 E -MAIL chasbun(g)sibfl.net FAX 305 - 949 -3113 ADDRESS 18070 Collins Avenue CITY AND STATE Sunny Isles Beach, Florida ZIP CODE 33160 PROPERTY ADDRESS/LOCATION N/A LEGAL DESCRIPTION N/A FOLIO NUMBER N/A CURRENT ZONING N/A PROPERTY SIZE N/A PURCHASE DATE N/A EXISTING USE OF PROPERTY N/A EXISTING STRUCTURES ON PROPERTY N/A BASE FLOOR AREA RATIO PERMITTED N/A UNITS PERMITTED N/A City of Sunny Isles Beach 2 Planning and Zoning Department MIADOCS 9709956 1 TDR 2011 CH SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK N/A DWELLING UNITS TRANFERED TO TDR BANK N/A IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY THE CITY] NAME Appraisal First Real Estate Appraisers LLC PHONE 305 -470 -2130 E- MAIL_frank(aDappraisalfirst.net FAX .305 -470 -2159 ADDRESS_ 1444 Biscayne Blvd., Suite 211 CITY AND STATE Miami, Florida ZIP CODE 33132 DATE OF APPRAISAL September 3, 2014 APPRAISAL VALUE OF SITE $125.00 per square foot of allowable FAR V. TITLE COMPANY INFORMATION AS APPLICABLE [TITLE COMPANY MUST BE APPROVED BY CITY] A COMMITMENT OF TITLE INSURANCE FOR A FORM `B" MUST BE SUPPLIED BY THE SENDING SITE APPLICANT AS PART OF A COMPLETE APPLICATION NAME OF TITLE COMPANY ADDRESS PHONE E -MAI VI. SURVEY COMPANY INFORMATION NAME OF SURVEYOR ADDRESS N/A PHONE E -MAIL F City of Sunny Isles Beach I Planning and Zoning Department W ADOCS 9709956 1 TOR 2011 CH VII. PROPERTY OWNER CERTIFICATION NAME OF COMPANY PHONE E -MAIL FAX VHI. OUTDOOR CODE VIOLATIONS, AS APPLICABLE (PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR) IX. CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING ADJACENT LOTS X. PROPERTY OWNER CERTIFICATION AND ACICN'OWLEDGEMENT I HEREBY CERTIFY THAT 1) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHEMNTS ARE TRUE 2) I AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED N SECTION (11) (III) (circle applicable number). 3) IF THE APPLICATION, AS MODIFIED OR AMENDED DURING THE REVIEW AND APPROVAL PROCESS, IS GRANTED, I AGREE, N CONSIDERATION THEREFORE, TO INDEMNIFY AND HOLD HARMLESS, AND PROMISE NOT TO SUE, THE CITY OF SUNNY ISLES BEACH, INCLUDING ITS OFFICERS AND EMPLOYEES, N CONNECTION WITH ANY CLAIMS OR OTHER ACTIONS ARISING OUT OF SAID REVIEW AND APPROVAL. 4) I HEREBY ACKNOWLEDGE AND AGREE THAT IF THE PROPERTY IS APPROVED AS A SENDER SITE, IT SHALL BE CONVEYED TO THE CITY AS VACANT PROPERTY WITHOUT ANY STRUCTURES LOCATED THEREON, UNLESS OTHERWISE AAPROVED BY THE CITY MANAGER. THE REMOVAL OF STRUCTURES FROM THE SITE SHALL BE AT NO COST TO THE CITY. 5) I HEREBY ACKNOWLEDGE AND AGREE THAT, AT THE EXPIRATION OF THE FIVE YEAR PERIOD COMMENCING WITH THE DATE OF THE CITY COMMISSION APPROVAL OF THE PROPERTY AS A SENDER SITE, ANY UNUSED DEVELOPEMNT RIGHTS TRANSFERRED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE AND BECOME EXTNGUISHED AND UNUSABLE. City of Sunny Isles Beach MIADOCS 9709956 1 4 Planning and Zoning Department TDR 2011 CH SIGNATURE OF OWNER (APPLICANT) DATE STATE OF FLORIDA COUNTY OF MIAMI -DADE The foregoing instrument was acknowledged before me this '7 day of S-QR , 2014, by on behalf of Sunny Isles Property Venture LLC, a Delaware limited liability company. He /She is personally known to me or has producedo---L Drruer's (type of identification produced) as identification and did take an oath. My Commission Expires: 1°ho / 17 BENJAMIN E. WILSON t MY0OM0,ISSI54IFF032645 EXPIRES: October 10, 2017 �>.en IotniT119 h9jit Uylmku SI F OWNER (APPLICANT) STATE OF FLORIDA COUNTY OF MIAMI -DADE Notary Public State of Florida Print Name: �� ��cam� `h �- W lscr�• 9 � q IL-1 DATE The foregoing instrument was acknowledged before me this day of S � , 2014, by on behalf of Sunny Isles OP Property Venture LLC. a Delaware limited liability company. He /She is personally known to me or has produced c,11 9,Lens -e (type of identification produced) as identification and did take an oath. My Commission Expires: lot "'I 1-7 BENJAM4Y E. WILSON Notary Public State of Florida � ; ^•P� * * MY OOMMISSION I FF 032645 - C EXPIRES: October 10 2017 Print Name: I �' �hp„� I:srdttrah•4pIN:9ry lrM:u City of Sunny Isles Beach S Planning and Zoning Department MIADOCS 9709956 1 EXHIBIT "A" Property Address: 15701 Collins Avenue, Sunny Isles Beach, FL Legal Description: The North % of Lot 77, and all of Lot 78, TATUM'S OCEAN BEACH PARK, according to the plat thereof, as recorded in Plat Book 5, at Page 35, of the Public Records of Miami -Dade County, Florida, lying East of the following described line: Beginning 290.00 feet West of the Easterly monument of the South line of Lot 76 of the aforesaid subdivision, thence North 11 °11'16" East, for a distance of 611.59 feet to the North line of Lot 81, of said subdivision. Property Address: 15795 Collins Avenue, Sunny Isles Beach, FL Legal Description: Lot 79 of TATUM'S OCEAN BEACH PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 35, of the Public Records of Miami -Dade County, Florida, which lies East of the Easterly right of way line of State Road A -1 -A per State Road Right of Way Map Section 87060 -2104, Miami -Dade County, Florida. ALSO KNOWN AS: Lot 79 of TATUM'S OCEAN BEACH PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 35, of the Public Records of Miami -Dade County, Florida, which lies East of the following described line, namely: Beginning 290 feet West of the most Easterly monument on the South line of Lot 76 of TATUM'S OCEAN BEACH PARK, North 11 °11'16" East for a distance of 611.59 feet to the North line of Lot 81 of TATUM'S OCEAN BEACH PARK. EXCEPT: That portion of the aforedescribed premises hereto deeded to Miami -Dade County, Florida, for highway purposes. MIADOC$ 9714195 1 EXHIBIT "B" FAR: 76,232 sq. ft. 132,463 sq. ft. Private TDRs per Resolution 2014 -2181 30% TDRs *currently held by applicant 7,213 sq. ft. Private TDRs per Resolution 2012 -1989* *to be assigned concurrent with site plan approval 49,018 sq. ft. City -owned TDRs DENSITY 39 units 52 units Private TDRs per Resolution 2104 -2181 30% TDRs *currently held by applicant 3 units Private TDRs per Resolution 2012 -1989* *to be assigned concurrent with site plan approval 10 units City -owned TDRs MIADOCS 9714195 1 ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS KNOW ALL MEN BY THESE PRESENTS, that PMG -S2 Sunny Isles, LLC, a Delaware limited liability company ( "Assignor "), for and in consideration of the sum of Ten and No /100 (510.00) Dollars, and other good and valuable consideration, paid, received from, and on behalf of Sunny Isles Property Venture LLC, a Delaware limited liability company ( "Assignee "), its heirs, successors, or agents, in Miami -Dade County, Florida, State of Florida, the receipt and sufficiency of which is hereby acknowledged and accepted, does hereby grant to Assignee Seven Thousand Two Hundred Thirteen (7,213) square feet of development rights as defined in Section 265 -23 of the Land Development Regulations of the City of Sunny Isles Beach, Florida, which represents three (3) residential units ( "TDRs ") held in an account designed for and held for Assignor, with the City of Sunny Isles Beach, Florida. WHEREFORE, Assignor has on deposit in a TDR Bank with the City of Sunny Isles Beach, Florida, the amount of 7,213 square feet of TDRs in an account of which 7,213 square feet of TDRs is for the benefit of Assignor as owner of same; NOW, THEREFORE, in consideration of the mutual promise and exchange between the parties and other good and valuable consideration, the parties agree and stipulate as follows: The above recitals are true and correct and are hereby incorporated by reference herein. 2. Assignor upon execution of this Assignment, hereby assigns and transfers 7,213 square feet of TDRs which represents three (3) residential units to Assignee, its heirs, successors, or agents. The parties hereto agree to execute and deliver such other documents as are required by the City of Sunny Isles Beach, to effectuate the transfer of the TDRs contemplated by this Agreement. TO HAVE AND TO HOLD, the same unto the said Assignee, its heirs, legal representatives, successors, administrators and assigns forever. (SIGNATURES ARE ON THE FOLLOWING PAGE) MIADOCS 9799203 1 IN WITNESS WHEREOF, the party herein has caused this Assignment of Transfer Development Rights, to be executed by its duly authorized representative freely and voluntarily on this— /7_ day of e r 2014. .-j y STATE OF PLGR+BA- ) j :SS. COUNTY OF N4A*ff-DA-M ) ASSIGNOR PMG -S2 Sur Kid is o company The foregoing instrument was acknowledged before me this / 7A day of SC 1T.- , 2014, by K� N?t�QA)CY of PMG -S2 Sunny Isles, LLC, a Delaware limited liability company who is ersonall known to me or _ who has produced as identification and who did take an oath. KP`t�`I otk R e� F31Y+L� ko °35 6 Notary Public to °� yJO � i eot C° s 2pj% W,S�E p(eSFebN� Comv(cs Print Name: Print Name: STATE OF FLORIDA ) :SS. COUNTY OF MIAMI -DADE ) ASSIGNEE Sunny Isles Property Venture LLC, a Delaware limited liability company Print Name: Title: The foregoing instrument was acknowledged before me this _ by I of Sunny Isles Property Venture LLC, company, _ who is personally known to me or_ who has produced as identification and who did take an oath. Notary Public MIADOCS 9799203 1 _ day of 2014, Delaware limited liability IN WITNESS WHEREOF, the party herein has caused this Assignment of Transfer Development Rights, to be executed by its duly authorized representative freely and voluntarily on this day of 2014. Witnessed: Print Name: Print Name: STATE OF FLORIDA ) :SS. COUNTY OF MIAMI -DADE ) PMG -S2 Sunny Isles, LLC, a Delaware limited liability company Print Name: The foregoing instrument was acknowledged before me this day of 2014, by , of PMG -S2 Sunny Isles, LLC, a Delaware limited liability company who is personally known to me or _ who has produced as identification and who did take an oath. VVitpGssed: Print Name: al - crrw STATE OF FLORIDA ) :SS. COUNTY OF MIAMI -DADE ) Notary Public ASSIGNEE Sunny Isles Property Venture LLC, a Delawar tt liability company By: (rte Print Name: - � .t r D..r, S,ti,,_ r H Title: A., or Sul I�cero�r �� _MTh f regom instrument was acknowledged before me this by _" ,�- unuy Isles Pr erty Venture LL company, _ who is personally known to me — 1.111^ h,� as identification and who did take an oath. day of q 2014, C, a Delaware limited liability SABRINA FERREIRA MY COMMISSION #FF086874. EXPIRES January 27, 2018 a )39B MIA ot53 Florloallote SeNIOeAOrn .. INDEMNIFICATION AGEEMENT This Indemnification Agreement dated this L day of Tv.�Z— , 2014, by PMG -S2 Sunny Isles, LLC, a Delaware limited liability company ( "PMG "), and Sunny Isles Property Venture LLC, a Delaware limited liability company ( "SIPV ") in favor of the City of Sunny Isles Beach, Florida (the "City "). WITNESSETH: WHEREAS, PMG has assigned to SIPV Seven Thousand Two Hundred Thirteen (7,213) square feet of development rights as defined in Section 265 -23 of the Land Development Regulations of the City, which represents three (3) residential units ( "TDRs ") held in an account designated and held for the benefit of PMG with the City; and WHEREAS, SIPV and PMG have agreed to indemnify and hold harmless the City as hereinafter provided; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. PMG has assigned to SIPV 7,213 sq. ft. of TDRs and 3 corresponding units which are held in an account for the benefit of PMG. 3. SIPV and PMG, agree and do hereby indemnify and hold harmless the City from any liability as to any claims that may arise between them or any private parties as a result of the transfer of the TDRs from PMG to SIPV, other than those arising out of the gross negligence or willful misconduct of the City. (SIGNATURES ARE ON THE FOLLOWING PAGE) MIADOCS 9799333 1 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. N % STATE OF FA ) :SS. COUNTY OF­M42�E ) FPW^_� The foregoing instrument was acknowledged before me this /day of f7 2014, by KLv rjJ �,,.a �.r,�` of PMG -S2 Sunny Isles, LLC, a Delaware limited liability company, who is personally known to me or _ who has produced as identification and whoke an oath. Y•L�R floe *.Iotk FRp'�C�c,d6695g6C000 Zp�B Notary Public Nots� • � , 02 es�asy 2a, eAo.NV� g�ebN spice Wit o0 comet Print Name: Print Name: STATE OF FLORIDA ) :SS. COUNTY OF MIAMI -DADE ) Sunny Isles Property Venture LLC, a Delaware limited liability company By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 2014, by I of Sunny Isles Property Venture LLC, a Delaware limited liability company, _ who is personally known to me or _ who has produced as identification and who did take an oath. Notary Public MIADOCS 9799333 1 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year fast above written. Witnessed: PMG -S2 Sunny Isles, LLC, Name: a Delaware limited liability company Print STATE OF FLORIDA ) :SS. COUNTY OF MIAMI-DADE ) By:_ Print Title: The foregoing instrument was acknowledged before me this day of . 2014, by of PMG -S2 Sunny Isles, LLC, a Delaware limited liability company, who is personally known to me or _ who has produced as identification and who did take an oath. Witnessed: STATE OF FLORIDA SS. COUNTY OF MIAMI -DADE ) Notary Public Sunny Isles Property Venture LLC, a Delaware 1' ' ed liability company By: A r Print Name: E .P rdU y w G Y V Title: Lwwc" The foregoing instrum nt was kno led ed bef� me this day of Sl°PtCJ1) �2f 2014, by eru� 4 Sunny Isles P o erry Venture LLC, a Delaware limited liability compan� who is personally known to me or. who has produced as identification and who 'd take an o ,SABRINA FERREIRA ota Public MY COMMISSION #FF086874 EXPIRES January 27, 2018 14071 39"159 FbddeNotwySeMCe.c MIADOCS 9799333 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 r. L . R`0���I (305) 947 -0606 City Hall vto of suK " o (305) 949 -3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Claudia Hasbun, Planning and Zoning Administrator DATE: 10/16/2014 RE: Sunny Isles Property Venture, LLC ( "Applicant ") - Transfer Development Rights Application 15701 & 15795 Collins Avenue Appl. No. PZ2014 -11 RECOMMENDATION: Based on staff review of the submitted TDRs application, the application is consistent with the City's Comprehensive Plan and the City's Land Development Regulations and staff does not have any objection to the assignment and transfer. REASONS: The Applicant is requesting approval of the assignment and purchase of Transfer Development Rights ( "TDRs ") in the amount of 132,463 square feet of floor area and 52 dwelling units where 83,445 square feet of floor area and 42 dwelling units are from a private TDRs' bank account and 49,018 square feet and 23 dwelling units are from the City's Transfer of Development Rights Bank ( "TDR Bank "). The Applicant currently owns a private TDRs bank account in the amount of 76,232 square feet of floor area and 39 dwelling units pursuant to Resolution 2014 -2181 adopted on January 16, 2014. The Applicant also entered into an agreement of assignment of TDRs with PMG -S2 Sunny Isles, LLC wherein PMG- S2 Sunny Isles, LLC assigned and transferred 7,213 square feet of TDRs and 3 dwelling units to Sunny Isles Property Venture, LLC.