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HomeMy WebLinkAboutReso 2004-740 RESOLUTION NO. 2004- 'l AiO 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 FIFTY FOUR (54) DWELLING UNITS AND NINETY-TWO THOUSAND ONE HUNDRED THREE 92,103 SQUARE FEET OF FLOOR AREA TO ROYAL DEVELOPMENT HOLDINGS LLC (liTHE ROYALE 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 THE TDR BANK TO ROYAL DEVELOPMENT HOLDINGS LLC IN ACCORDANCE WITH RESOLUTION NO. 04-Z-84; 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-84, adopted June 3, 2004, the City Commission approved the zoning application submitted by Residences at Ocean Grande, Inc. and Royal Development Holdings, LLC. for the transfer of development rights in the amount of 54 dwelling units and 92,103 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 of transferring 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 oftransferring such rights to a receiving site; and WHEREAS, the 17200 Collins Avenue, LP. ("Casino Property") now wishes to transfer TDRs in the amount of 54 dwelling units and 92,103 square feet of floor area from the TDR Bank to Royal Development Holdings LLC . ("The Royale") to be used in accordance with Resolution No. 04-Z-84; and WHEREAS, the City Commission agrees to authorize the transfer of the TDRS contemplated herein in accordance with its regulations. R2004-TDR Transfer The Royale.Doc . --------- NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorizin!! the Transfer of Development Ri!!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 fifty-four (54) dwelling units and 92,103 square feet of floor area to Royal Development Holdings LLC. ("The Royale Condominium Project") from the TDR Bank established for 172000 Collins Avenue, LP. ("Casino Property"). Section 2. Directive to Plannin!! and Zonin!! Administrator. The Planning and Zoning Administrator or designee is hereby directed to transfer the development rights from the TDR Bank to Royal Development Holdings LLC. ("The Royale") in accordance with Resolution No. 04-Z-84. Section 3. Consent of Casino Property. The executed consent ofthe Owner, 17200 Collins Avenue, LP. ("Casino Property") to the transfer of the TDRs to the Royal Development Holdings LLC. ("The Royale ") is attached as Exhibit "A". 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 of TDRs to Royal Development Holdings LLC. ("The Royale "). by 17200 Collins Avenue, LP., as shown in exhibit 'A'. Section 5. Authority of the City Mana!!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 q"'""dayof t)ee€.l\l\bu., 2004. jL. l,_' ~ ,'~T~ES'T: ~ / ...~:... ~~. I.' !"7"')' ': /& " :,~ ".~~ a{.:'0~ , . ~ ~ \0.... ". .J.ane:,A. Hlpes, 9itY Clerk :f' .', ' . . ;', . ';~..)- .. c!' ..H,~ R2004-TDR Transfer The Royale.Doc 2 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vote: Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias R2004-TDR Transfer The Royale.Doc ~(Yes) -L(Yes) -L(Yes) ~(Yes) ~(Yes) Moved by: Seconded by: _(No) _(No) _(No) _(No) _(No) 3 C-.o rnfY\ is.SiOl\.e..Y I.~ \e ~iQ ~ Co ~ S~ lo~ ~e..'Z.1"" DEC-03-04 12:30PM FROM-CITY OF SUNNY ISLES BEACH +3059493113 T-031 P.02/02 F-896 Exhibit "A" Consent to Transfer by 17200 Collins Avenue,LTO (." Casino 'Property") Br:/Trelcom Sunny Isles, Inc. Its Managing General Partner Wl'--~ William P. Thompson. Vice President STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE ) The foregoing Agreement was acknowledged before me 9 2004. by ..hlLl.1 i A-I!' f- /f},cP "'r-"" .,,.., . as . v. P. ~~1""1"~ ~k~ c,.,~. . a Florida co rati n,o and limited panner hip. H personally appeared before me d is e day of t1 e<:.-- Notmy: PrintNam Notary Pub 'c, State of Florida My Co . .on fil~l""""""""""""'''II'I'''''1 4 OLeA O! LOS SAN I us : _ Com~DD0284413! . . EIlpUw tJ2&I2OO8 : ~ .......... (800)432-42545 ...... AIIn., Inc : .... of of said corporation own to me. {NOTORIAL SEAL} R2004- TOR Transf~ The: Ro)QIe:.Doc 4 - ............. 4 074. 740 otaRr tsr . City Commission C a City of Sunny Isles Beach Normae S.Rdekap, Mayor S 17070 Collins Avenue, Suite 250 Lads J.Thaler,Vice Mayor n Roslyn Bruin,r,Vice sayer Sunny Isles Beach, Florida 33160 terry Coedran,Commissioner l'�� Daoey Iglesias,Co issioner ( 5) 947A606 City HallChristopher J.Russo,City Ma ager Foe a (305) 947-3113 Fax L .IM.Dannheirrr,GryAttorney `o "st (305)947-2150 Building Department" OF SOS " hn A.Hines,City clerk X305) 949-5107 Fax MEMORANDUM To: The Honorable Mayor and City Commission From: Jorge L.Vera, Zoning Director Date: December 9, 2004 Re: Development rights transfer from the Casino property RECOMMENDATION It is recommended that the City Commission adopt the attached resolution. REASONS Under Resolution Z2004-681 the City approved the property located at 17200 Collins Ave (Casino Property as a sender site and under Resolution 22004-685 the City authorized to transfer the TDR's from the Casino property to the private TDR bank for the purpose of transferring such right to receiving sites in the future. Whereas on June 3, 2004 under Resolution 04-Z-84 approved the Royale development and the request for Transfer of Development Rights. Now Florida Development Holdings LLC, the developer for the Royale development is requesting that the City authorizes the transfer of the approved development rights under that resolution from the Casino TDR bank to the Royale development. Agenda Item _ 10 M Date IZ-09-O'-I