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HomeMy WebLinkAboutReso 2004-719 RESOLUTION NO. 2004-JlC) 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 TRG - DESERT INN VENTURE, LTD. ("OCEAN IV CONDOMINIUM PROJECT")FROM THE TDR BANK ESTABLISHED FOR 17200 COLLINS AVENUE, LP. (THE "CASINO PROPERTY"); DIRECTING THE PLANNING AND ZONING ADMINISTRATOR OR DESIGNEE TO TRANSFER THE TDRS FROM THETDR BANK TO TRG - DESERT INN VENTURE, LTD. IN ACCORDANCtt+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, LP. ("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 TRG-Desert InnVenture, LTD. ("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. TOR Transfer Desert lnn.Doc NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorizine: the Transfer of Development Rie: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 TRG-Desert Inn V enture, LTD. ("Ocean IV Condominium Project") from the TDR Bank established for 172000 Collins Avenue, LP. ("Casino Property"). Section 2. Directive to Plannine: and Zonine: Administrator. The Planning and Zoning Administrator or designee is hereby directed to transfer the development rights from the TDR Bank to TRG-Desert InnVenture, LTD. ("Ocean IV") in accordance with Resolution No. 04-Z-83. Section 3. Consent of Casino Property. 17200 Collins Avenue, LP. ("Casino Property") hereby consents to the transfer of the TDRs to the TRG-Desert InnVenture, LTD. ("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 TRG-Desert Inn Venture, LTD. by 17200 Collins A venue, LP. Section 5. Authority of the City Manae: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 ~ day of ~. 2004. A TJIEST": ': .'.', :", "~:,l \,(f ') ~\'.l '. ' :)v~'~~~~ L:,.~ Jane;}. Hi~es, Ci(Yl'Clerk '\~,~\ '-,. ; ,':../ '..: , .- '~. ~ -, '. ~.".' -' ,.' TOR Transfer Desert Inn,Doc 2 APPROVED AS TO FORM AND LEGAL S FICIENCY: Vote: S-D Mayor Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler --.l1"Y es) ~Yes) ~(Y es) ~Yes) V(Y es) TDR Transfer Desert Inn.Doc Moved by: Seconded by: _(No) _(No) _(No) _(No) _(No) 3 ~~&~2I1U , .. ~L~e.. oHrar a Cit of Sunn Isles Beach City Commission t5 <Fs y y Norman S.Hdekup, Mayor F 17070 Collins Avenue, Suite 250 Gerry Goodman,Vice Mayor Sunny Isles Beach, Florida 33160 Roslyn Brnin,Commissioner l i Danny Iglesias,Commissioner Lewis J.Thaler.Commissioner X305) 947-0606 City Hall Y.• Christopher J.Russo,Cay Manager o a X305) 949-3113 Fax ettire LOP\�o s �305� 947-2150 Building Deportment Lyon M.DnnnheisHineser, s. Attorney or suti ^ Jane Hines,Cay Clerk pas) 949-5107 Fox MEMORANDUM To: The Honorable Mayor and City Commission From: Jorge L.Yen, Zoning Director Date: September 9,2004 Re: Correction of prior resolution for a change of property ownership RECOMMENDATION It is recommended that the City Commission adopt the attached resolution. REASONS The City Commission approved the attached resolution under Resolution No. 2004-698. The attorney for the applicant has request that the name of the transferee of the TDR's be changed due to a change in the ownership of the property(see attach letter from attorney).