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HomeMy WebLinkAboutReso 2005-785 111111I111111111111111111I1111111111111111111 RESOLUTION NO. 2005-785 CFN 2005R0555614 OR Bk 23426 Pss 4168 - 4170; (3pss) 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 DEVELOPMENT RIGHTS ("TDRS") IN THE AMOUNT OF FIFTY NINE (59) DWELLING UNITS AND 129,216 SQUARE FEET OF FLOOR AREA TO FORTUNE OCEAN, LLLP, A FLORIDA LIMITED LIABILITY PARTNERSHIP ("FORTUNE OCEAN") PER APPLICATION NO. Z2004-09 FOR A RESIDENTIAL CONDOMINIUM PROJECT TO BE LOCATED AT 17121 COLLINS AVENUE TO BE KNOWN AS "JADE BEACH II," FROM THE TDR BANK ESTABLISHED FOR 17200 COLLINS AVENUE, LTD. (THE "CASINO PROPERTY"); DIRECTING THE PLANNING AND ZONING ADMINISTRATOR OR DESIGNEE TO TRANSFER FIFTY NINE (59) DWELLING UNITS AND 129,216 SQUARE FEET OF FLOOR AREA FROMTHETDRBANKTOFORTUNEOCEANINACCORDANCE~TH RESOLUTION NO. 05-Z-89; AUTHORIZING THE ADJUSTMENT OF THE TDR BANK BY THE PLANNING AND ZONING ADMINISTRATOR OR DESIGNEE; PROVIDING THE CITY MANAGER ~TH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution No. 05-Z-89, adopted February 10,2005, the City Commission approved the zoning application submitted by Fortune Ocean, LLLP, A Florida Limited Liability Partnership ("Fortune Ocean") per Application No. Z2004-09 (a residential condominium project to be located at 17121 Collins Avenue to be known as "Jade Beach II,") for the transfer of development rights in the amount of 59 dwelling units and 129,216 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 of transferring such rights to a receiving site; and WHEREAS, the 17200 Collins Avenue, Ltd. ("Casino Property") now wishes to transfer TDRs in the amount of 59 dwelling units and 129,216 square feet of floor area from the TDR Bank to Fortune Ocean, LLLP, A Florida Limited Liability Partnership ("Jade Beach 11") to be used in accordance with Resolution No. 05-Z-89; and WHEREAS, the City Commission agrees to authorize the transfer of the TDRs contemplated herein in accordance with its regulations. R2005-JADE II TOR TRANSFER 1 ~ NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorizin2 the Transfer of Development Ri2hts. 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 59 dwelling units and 129,216 square feet of floor area to Fortune Ocean, LLLP, A Florida Limited Liability Partnership ("Jade Beach IT Condominium Project") from the TDR Bank established for 17200 Collins Avenue, Ltd. ("Casino Property"). Section 2. Directive to Plannin2 and Zonin2 Administrator. The Planning and Zoning Administrator or designee is hereby directed to transfer the development rights from the TDR Bank to Fortune Ocean, LLLP, A Florida Limited Liability Partnership ("Jade Beach IT Condominium Project")in accordance with Resolution No. 05-Z-89. Section 3. Adiustment to the TDR Bank for the Casino Property. Upon the City's receipt of the executed Assignment, 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 Fortune Ocean, LLLP, A Florida Limited Liability Partnership ("Jade Beach IT Condominium Project"). Section 4. Authority of the City Mana2er. The City Manager is hereby authorized to do all things necessary to effectuate this resolution. Section 5. Effective Date. This Resolution shall be effective upon adoption. PASSED AND ADOPTED this 14th day of April 2005. , , ; ATTEST: " ' ." l -. ," "'. ..' ~':N..~ "', Jane.A. Hines, City Clerk , . ': I, 0 t.' ) , , ' '- . . R2005- JADE II TDR TRANSFER 2 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vote: ~-o Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias R2005- JADE II TOR TRANSFER v (Yes) V (Yes) V (Yes) ~Yes) _(Yes) OR BK 23426 PG 4170 LAST PAGE Moved by: C()~~. Ga01)m~~ Seconded by: G~ eR~2l;\] _(No) _(No) _(No) _(No) _(No) 3