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HomeMy WebLinkAboutReso 2004-698 RESOLUTION NO. 2004-18.2 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 SIXTY FIVE (65) DWELLING UNITS AND 108,473 SQUARE FEET OF FLOOR AREA TO DESERT INN BEACH & TENNIS CLUB ASSOCIATION, INC. ("OCEAN IV CONDOMINIUM PROJECT")FROM mE TDR BANK ESTABLISHED FOR 17200 COLLINS AVENUE, LTD. (THE "CASINO PROPERTY"); DIRECTING THE PLANNING AND ZONING ADMINISTRATOR OR DESIGNEE TO TRANSFER THE TDRS FROM THE TDR BANK TO DESERT INN BEACH & TENNIS CLUB ASSOCIATION, INC. IN ACCORDANCE WITH RESOLUTION NO. 04-Z-83; CONSENT TO THE TRANSFER OF THE TDRS BY THE CASINO PROPERTY; AUTHORIZING THE ADJUSTMENT OF THE TDR BANK BY THE PLANNING AND ZONING ADMINISTRATOR OR DESIGNEE; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution No. 04-Z-83, adopted June 3, 2004, the City Commission approved the zoning application submitted by Desert Inn Beach & Tennis Club Association, Inc. for the transfer of development rights in the amount of 65 dwelling units and 112, 905 square feet of floor area; and WHEREAS, by Resolution No. 2004-681, adopted June 3, 2004, the City Commission designated the Casino Property as a sending site for purposes oftransferring TDRs in the amount of 3.75 F.A.R. (566,737 square feet) 80 dwelling units per acre (277 dwelling units); and WHEREAS, by Resolution No. 2004-685, adopted July 8, 2004, the City Commission provided the Planning and Zoning Administrator or designee with the authority to transfer TDRs from the Casino property to the TDR Bank for the purpose of transferring such rights to a receiving site; and WHEREAS, the 17200 Collins Avenue, Ltd. ("Casino Property") now wishes to transfer TDRs in the amount of 65 dwelling units and 108,483 square feet of floor area from the TDR Bank to Desert Inn Beach & Tennis Club Association, Inc. ("Ocean IV") to be used in accordance with Resolution No. 04-Z-83; and WHEREAS, the City Commission agrees to authorize the transfer of the TDRS contemplated herein in accordance with its regulations. Tdr Transfer Desert Inn NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorizint!: the Transfer of Development Rit!:hts. Pursuant to Section 265-23.3 (c) of Ordinance No. 2004-200, the City Commission hereby authorizes the transfer of the development rights in the amount of sixty (65) dwelling units and 108,473 square feet of floor area to Desert Inn Beach Beach & Tennis Club Association, Inc. ("Ocean IV Condominium Project") from the TDR Bank established for 172000 Collins Avenue, Ltd. ("Casino Property"). Section 2. Directive to Plannint!: and Zonint!: Administrator. The Planning and Zoning Administrator or designee is hereby directed to transfer the development rights from the TDR Bank to Desert Inn Beach & Tennis Club, Inc. ("Ocean IV") in accordance with Resolution No. 04-Z-83. Section 3. Consent of Casino Property. 17200 Collins Avenue, Ltd. ("Casino Property") hereby consents to the transfer of the TDRs to the Desert Inn Beach & Tennis Club Association, Inc. ("Ocean IV"). Section 4. Adiustment to the TDR Bank for the Casino Property. The Planning and Zoning Director or designee is hereby instructed to make the necessary adjustments to the TDR Bank for the Casino Property to reflect the conveyance ofTDRs to Desert Inn Beach & Tennis Club, Inc by 17200 Collins Avenue, Ltd. Section 5. Authority of the City Manat!:er. The City Manager is hereby authorized to do all things necessary to effectuate this resolution. Section 6. Effective Date. This Resolution shall be effective upon adoption. PASSED AND ADOPTED this 22 ~y of ~ 2004. _. ATl'ES;r: . -.. -~ .~~'-f\'-' .~ ~. Jane A. Hines, City Clerk Tdr Transfer Desert Inn 2 "'-~.'_' u .'....~._. Vote: S,-{) Mayor Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler ~es) _(Yes) ~Yes) ~es) ~(Y es) Tdr Transfer Desert Inn Moved by: Seconded by: _(No) _(No) _(No) (No) (No) 3 \fc~~~M-'ie ~ GOCOm.~ Consent to Transfer by 17200 Collins Avenue, LTD ("Casino Property) President STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE ) The foregoing Agreement was acknowledged before me this day of 2004, by , as of , a Florida corporation, on behalf of said corporation and limited partnership. He personally appeared before me and is personally known to me. {NOTORIAL SEAL} Notary: Print Name: Notary Public, State of Florida My Commission Expires: Tdr Transfer Desert Inn 4