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HomeMy WebLinkAboutReso 2015-2429 RESOLUTION NO. 2015- 2142.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CREATION OF A TRANSFER OF DEVELOPMENT RIGHTS ("TDRs") SUB-ACCOUNT IN THE AMOUNT OF NINETEEN THOUSAND TWO HUNDRED EIGHTY-SEVEN (19,287) SQUARE FEET OF FLOOR AREA AND NINE (9) DWELLING UNITS IN FAVOR OF ST. TROPEZ BEACH DEVELOPERS, LLC. ET AL.; DIRECTING THE ZONING ADMINISTRATOR OR THEIR DESIGNEE TO BANK THE TDRs IN A PRIVATE TDRs SUB- ACCOUNT WITH CERTAIN CONDITIONS; 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. 15-Z-151 adopted on April 16, 2015 the City Commission approved the site plan modification submitted by St. Tropez Beach Developers, LLC et. al. ("Applicant") for a reduction of dwelling units; and WHEREAS, the Applicant is requesting a credit for the unused TDRs in the amount of Nineteen Thousand Two Hundred Eighty-Seven (19,287) square feet of Floor Area Ratio (FAR) and nine (9) dwelling units; and WHEREAS, the Applicant has already paid in full the approved TDRs under Building Permit No. B2015-108; and WHEREAS, the City Commission wishes to approve a private TDRs sub-account in favor of St. Tropez Beach Developers, LLC. et al. with certain conditions and in accordance with Section 265-23 of the Code of Ordinances of the City of Sunny Isles Beach. 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. Approving the Creation of Private TDRs sub-account. Pursuant to Section 265-23 of the City Code the City Commission hereby authorizes the creation of a Private TDRs sub-account in the amount of 19,287 square feet of floor area ratio (FAR) and 9 dwelling units to St. Tropez Beach Developers, LLC et. al. R2015-TDRs St.Tropez Dev, LLC. Page 1 of 2 Section 3. Directive to Zoning Administrator. The City's Zoning Administrator or their designee is hereby directed to create a Private TDRs sub-account in favor of St. Tropez Beach Developers, LLC et. al., to reflect the amount of 19,287 square feet of FAR and 9 dwelling units. Section 4. Conditions of Approval for the Private TDRs Sub-Account. The following conditions shall be applied to the approved private TDRs sub-account: 1. The TDRs designated in the sub-account under this Resolution for the St. Tropez Beach Developers, LLC shall be restricted for use of properties located on the west side of Collins Avenue. 2. The life of the private TDRs sub-account shall comply with Section 265-23 G. Section 5. Authority of the City Manager and City Attorney. The City Manager and City Attorney are 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 18th day of June 2015. ti"S `r - ,- George :choll, Mayor ` > ATTEST:' - , t k: ©1• -•j Jane4A.-Hines, MMC, City Clerk - 4 t,) APPROVED AS TO FORM AND LE . :' FICIENCY: t fild � ns Ottinot, City Attorney _ Moved by: Co V j O Seconded by: C 1 Gk.-NSA-0 Vote: �-b Mayor Scholl V (Yes) (No) Vice Mayor Gatto ✓(Yes) (No) Commissioner Aelion ✓(Yes) (No) Commissioner Goldman V (Yes) (No) Commissioner Levin ✓ (Yes) (No) R2015-TDRs St.Tropez Dev,LLC. Page 1 of 2 CT d- N m O 0A N 'L C O 0 C _ +a O x a) 0 CC I- H co Z n N 0 00 O 0 Lry Ln 0 Q 0 CO m Q U V ) N .--1 .--1 N Q 00 Q m O 00 Ln Ln C Q e-i .--i N O .--1 .--1 0 Y C O O i 0 O O v. 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SCHULMAN WWW.WSH-LAW.COM CSCHULMANPWSH-LAW.COM May 15, 2015 Via U.S. Mail & Email Ms. Claudia Hasbun City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Re: Letter of Intent/Creation of Private Transfer Development Rights (TDR) Bank Account/ St. Tropez Beach Developers, LLC and Parque Towers Developers,LLC Dear Ms. Hasbun: We are in receipt of your letter, dated May 11, 2015, to our clients St. Tropez Beach Developers, LLC and Parque Towers Developers, LLC (the "Client"), which advised that our Client is entitled to a TDR credit of 19,287 square feet of floor area and nine (9) dwelling units (the "Credit"). On behalf of our Client, we respectfully submit this Letter of Intent requesting that the City Commission establish a Private TDR Bank Account for this Credit. If you could please place our request on the next available City Commission agenda that would be greatly appreciated. If we can provide you with additional information or documents, please do not hesitate to contact me at(305) 854-0800. Ver/trul our I lifford A. chulman CAS/1466.008 cc: Mr. Joe Milton Mr. Ed Castineira Hans Ottinot, Esq., City Attorney CORAL GABLES, FLORIDA FORT LAUDERDALE, FLORIDA 305-854-0800 954-763-4242 • CITY OF SUNNY ISLES BEACH • 18070 Collins Avenue Sunny Isles Beach, Florida 33160 S,NNy ist • 305.947.0606 • www.sibfl.net rs iw'4= May 11 2015 ry ''•F L o s° o4`. y � -- City Commission C1T�OF SUN P� George"Bud"Scholl Joe Milton Mayor St.Tropez Beach Developers, LLC Jeanette Gatto 3211 Ponce de Leon Blvd, Suite 301 Vice Mayor Coral Gables, Fl 33134 Isaac Aelion Commissioner Re: Transfer of Development Rights Credit Dana Goldman Commissioner Dear Mr.Milton: Jennifer Commissioner Based on the approval of St.Tropez Beach Developers LLC,et. al. ("Applicant")zoning application to reduce the density of the Parque Tower's project, the records of the City reveal that the Applicant under Resolution No. 15-Z-151, adopted on April 16, 2015, is Christopher J.Russo entitled to a credit of a Transfer Development Rights (TDRs) in the amount of 19,287 City Manager square feet of floor area and nine (9) dwelling units. The TDR Resolution from where Hans Ottinot the TDR credit will be deducting from was approved pursuant Resolution No.2013-2129 City Attorney adopted on October 17, 2013. Please note that purchased TDRs were for west side Jane A. Hines development and as such,the private bank will be restricted to west side assignment only. City Clerk,MMC To establish a private TDR bank account for the credit,a request for this credit transaction must be submitted to the City and approved by the City Commission. Please submit a letter to my office requesting the creation of a private TDR bank account. Please note that the useful life of a TDRs is five (5) calendar years from the creation of the private TDR bank account. If the TDRs in the private TDR bank account has not been used during that timeframe, the Applicant may request an extension under TDR extension program.The program provides an owner with the ability to extend the useful life of the TDRs up to ten (10) years upon payment of an annual fee. The annual fee is based on a formula which uses the millage rate of the City as the basis to determine the amount of the fee. Please be advised that a TDR bank does not create any vested rights to claim perpetual use of the development rights upon expiration of the rights. Should you have any questions,please feel free to contact me at(305) 792-1757. Si er' •` - Claus to Hasbun Planning and Zoning Administrator Cc: Christopher J. Russo, City Manager Stan Morris, Deputy City Manager Hans Ottinot, City Attorney Ed Castaneira, Axioma3architects Item Coversheet Page 1 of 1 City of Sunny Isles Beach p4�,�N- �R iL T, 18070 Collins Avenue Z Sunny Isles Beach,Florida 33160 ,,- o,•,,,z,"-` , (305)947-0606 City Hall c'''o,,uK' (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: 6/18/2015 RE: St.Tropez Beach Developers, LLC("Applicant") TDRs Credit Request RECOMMENDATION: Staff is submitting this request for consideration by the City Commission. REASONS: The City Commission approved a site plan modification for the Applicant on April 16th, 2015 pursuant Zoning Resolution No. 15-Z- 151 which included a reduction of dwelling units. The Applicant has paid to the City the total TDRs approved under various Zoning approvals and it is requesting to approve a credit for the unused private TDRs in the amount of 19,287 square feet of development rights and Nine (9)dwelling units to be deposited into a Private TDRs Sub-account in favor of the Applicant. This Private sub- account is restricted to the west side of Collins Avenue and the life of the Private TDRs shall comply with Section 265-23 G. of the Code of Sunny Isles Beach. ATTACHMENTS: . Description Resolution • Private TDRs Bank Update 2015 Request Response to Request Item Number: 10.N. http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1684 6/11/2015