HomeMy WebLinkAboutReso 2005-784
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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
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OR BK 23426 PG 4167
LAST PAGE
PASSED AND ADOPTED this J4.v.. day of 0 ~ 2005.
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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.
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Attachments
Porto Bellagio TDR Transfer