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HomeMy WebLinkAboutReso 2005-755 RESOLUTION NO. 2005-:I..S.S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF DEVELOPMENT RIGHTS ("TDRS") FROM THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT "A", OWNED BY PORTO BELLAGIO PARTNERS, LLC, IN THE AMOUNT OF 2.5 F.A.R. (263,222 SQUARE FEET) AND 60 DWELLING UNITS PER ACRE (145 DWELLING UNITS) TO THE TDR BANK TO COMPLY WITH THE REQUIREMENTS OF RESOLUTION NO. 2()O~-1 ~</; DIRECTING THE PLANNING AND ZONING ADMINISTRATOR OR DESIGNEE TO TRANSFER THE TDRS; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Porto Bellagio partners LLC. ("Applicant") has conveyed approximately 2.417 acres of real property legally described as Exhibit "A", owned by Porto Bellagio Partners, LLC, Sunny Isles Beach, Florida to the City; and WHEREAS, the City has agreed to transfer in accordance with its Land Development Regulations a certain amount ofTDRs to the account established in the TDR Bank for Porto Bellagio Partners LLC.; and WHEREAS, the City Commission requires the Applicant to comply with the requirements of Resolution No. ;;)(X)S-~S<1 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorizini! the Transfer. The City Commission hereby authorizes the transfer of the development rights from the property legally described in Exhibit "A", owned by Porto Bellagio Partners, LLC, in the amount of 2.5 F.A.R. (263,222 Square Feet) and 60 dwelling units per acre (145 Dwelling Units) to the TDR Bank to comply with the requirements of Resolution No. fifty percent (50%) of which shall be transferred to the account of the City of Sunny Isles Beach. Section 2. Directive to the Plannini! and Zonini! Administrator. The Planning and Zoning Administrator or designee is hereby directed to transfer the development rights from the property to the TDR Bank. Section 3. Authority of the City Manai!er. The City Manager is hereby authorized to do all things necessary to effectuate this resolution. Section 4. Effective Date. This Resolution shall be effective upon adoption. R2005-Porto Bellagio Tdr Transfer Alternate Page 1 of3 PASSED AND ADOPTED this 13th day of January 2005. 'c,;''' C1'i';? ' ." "oi I i1 ,~ , " D -.::" , ~.>J i,- . ," t .,...-" ~'[iE$'i:~ ),1 J ..:~;. ' ".....-f 1; ",-'CO,',,.;,': ," ..!, ~ . ('~~T~' ~f.~I'i';~,;~: :~~J .:,i(.,- ..~ , ) ~ \ ,~\.' ~t. "' r /~ '~. -'" , . !i~ ,", I ' :. \J an~A. H~ne's; Chy,"Clerk .:,~:) 7 ,I .. l ',~, (..;' : " Of l} It. .r...., . .."".';._~ ~ . '\..:' ...... .. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: ,m AYo R.. ~8-<...U P Seconded by: ~hWn.\ ~\oq:~ :rGL~I"'(" Vote: $-() Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ~(Yes) ~(Y es) V (Yes) V (Yes) V"(Yes) _(No) _(No) _(No) _(No) _(No) R2005-Porto Bellagio Tdr Transfer Alternate Page 2 of3 Exhibit "A" Legal Description Tract "D" of RK Marina Apartments, Plat Book 157, Page 70, less that portion of said Tract "D" being more particular described as follows: Commence at the Northeast comer of Lot 19 of SOUTH SHORE ESTATES as recorded in Plat Book 52 at Page 69 of the Public Records of Miami-Dade County, Florida, the following (10) ten courses being along the exterior boundary of said Tract "D"; 1) thence N 90'00'00' W along the North line of said Lot 19 for 100.00 feet to the Northwest comer of said Lot 19; 2) thence S 71 '35'52 W for 15.37 feet to the Point of Beginning: 3) thence continue S 71 '35'52' W for 24.79 feet; 4) thence N 57'55'43' W for 38.59 feet; 5) thence N 57'29' 11' W for 53.41 feet; 6) thence N 75'51'27' W for 54.54 feet; 7) thence N 37'17'58' W for 6.69 feet; 8) thence N 13'57'37' W for 10.84 feet; 9) thence N 00'00'00' E for 4.31 feet; 10) thence N 84'09'50' E for 83.72 feet to a point on a non-tangent curve concaved to the southwest having a radius of 160.00 feet and chord bearing of S 42'55'24' E; thence Southeasterly along the arc of said curve leading to the right through a central angle of 41 ' 40' 54' for a distance of 116.40 feet to the Point of Beginning. R200S- POltO Bellagio Correct Scrivener's Error.Doc Page 3 of 3