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HomeMy WebLinkAboutReso 2005-784 111111I111111111111111111I1111111111111I11111 RESOLUTION NO. 2005-~ CFN 2005R0555613 OR Bk 23426 P9S 4166 - 4167; (2P9S) RECORDED 06/01/2005 09=38=32 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF TWO (2) ACRES OF TRANSFER OF DEVELOPMENT RIGHTS ("TDRs") EQUAL TO 217,800 SQUARE FEET AND 120 UNITS FROM TRACT 'B' OF RK MARINA APARTMENTS PLAT BOOK 157, PAGE 70 AND DEPOSIT INTO THE TRANSFER DEVELOPMENT RIGHTS BANK OF PORTO BELLAGIO PARTNERS LLC. TO COMPLY WITH RESOLUTION NO.2005 -754 TO BE USED STRICTLY IN CONJUNCTION WITH AN APPROVED SITE PLAN ON THE WEST SIDE OF COLLINS AVENUE AND UPON APPROVAL OF THE CITY COMMISSION; DIRECTING THE PLANNING AND ZONING ADMINISTRATOR OR DESIGNEE TO TRANSFER THE TDRS IN ACCORDANCE WITH RESOLUTION NO. 2005-754; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to a waiver 1 extinguishment of development rights agreement, Porto Bellagio Partners, LLC agreed to sever and extinguish all but 4.56 acres of density and intensity associated with Tract "B" and as more particularly described in Exhibit "2" of Resolution 2005-756 ("Property") which was part the transaction described in Resolution No. 2005-754; and WHEREAS, the Commission now wishes to allow the TDRs associated with the two (2) remaining acres related to this Property to be deposited into the TDR bank account of Porto Bellagio Partners LLC; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. AU:thorizin~ the Transfer. The City Commission hereby authorizes the transfer of, two (2) acres worth of transfer of development rights from the property legally described in Exhibit "2" to Resolution 2005-756 in the amount of 217,800 square feet and 120 units to the account of Porto Bellagio Partners LLC to be used strictly in conjunction with an approved site plan on the west side of Collins Avenue and upon the approval of the City Commission. Section 2. Direction of the Plannin~ and Zonin~ 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 Mana~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. TDR Transfer 2 Bellagio Resolution '), OR BK 23426 PG 4167 LAST PAGE PASSED AND ADOPTED this J4.v.. day of 0 ~ 2005. ... !". C " A],T~ST: ,:: './. ',",:' " '" I '~ :~ ~ (~ . .)ane'A. Hines{City Clerk ~... ~ ..' " .' / . . , . ." ., ~~_..J ~ ,.~. f '. '" l A" , ,,' '. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: Cn~WY1 GCOCW\-PAJ Seconded by: Co~ T6LU:Il'\-S Vote: 5-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias V(Yes) V(Yes) _~es) I./{y es) ~Yes) _(No) _(No) _(No) _(No) _(No) TOR Transfer 2 Bellagio Resolution 2 City of SunnyIsles Beach S. ecup,Mr SJNNY t-(Er City Normee S.Ede Commissionor °y,. \°T 17070 Collins Avenue, Suite 250 Lewis J.Thaler,Vice Mayor Ir► 1 Sunny Isles Beach, Florida 33160 -Roslyn Brain.Commissioner (`Li , i y Gerry Goodman,Commissioner i Danny Iglesias,Commisnoner K1305 947-0606 City Hall \' // �305� 949-3113 Fax Christopher J.Russo.City Manager °, r�o.% . (305) 947-2150 Building Department Lynn M.Dannheisser,Ciry Attorney of Fosera (305) 947-5107 Fax Jane A.Hines,Ciy Clerk MEMORANDUM TO: The Honorable City Commission FROM: Lynn M. Dannheisser, City Attorney DATE: April 14, 2005 RE: Porto Bellagio Partners, LLC. Transfer of Development Rights Recommendation: It is recommended that the City Commission approve the attached Resolution. Reasons: As you may recall, as part of the transaction described in Resolution No. 2005-754, wherein the City accepted Tract "D" as a public park in exchange for the TDRs on that tract. In that transaction, the City Commission accepted a fifty percent (50%) donation of the TDRs from Porto Bellagio Partners as well as a waiver and extinguishment of all seventeen (17) acres of development rights on Tract "B" except for 4.56 acres. 2.56 of those acres were applied to the present Porto Bellagio Project. The balance of the two (2) acres were never actually deposited in the TDRs Bank. This Resolution now allows the deposit of the balance of those TDRs, (specifically 217,800 square feet and 120 units) to be deposited to the account of Porto Bellagio LLC, on the proviso that these specific TDRs be used strictly in conjunction with an approved site plan on the west side of Collins Avenue and upon the specific approval of the City Commission. This Resolution directs the Planning and Zoning Administrator to administer this transfer. LMD:jb Attachments Porto Bellagio TDR Transfer