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RESOLUTION NO. 2005 - 18L-.
CFN 2005R0555615
OR Bk 23426 P9S 4171 - 4173; (3P9S)
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, PROVIDING FOR THE ACCEPTANCE OF THE APPRAISED
LAND VALUE OF NINE MILLION SEVEN HUNDRED EIGHTY FIVE THOUSAND
DOLLARS ($9,785,000.00) FOR THE PROPERTY LOCATED AT 150 - 260 SUNNY
ISLES BOULEVARD A/KIA ST. TROPEZ; PROVIDING FOR THE ACCEPTANCE
AND PAYMENT BY THE APPLICANT OF TWO MILLION ONE HUNDRED
EIGHTY-FOUR THOUSAND SEVEN HUNDRED ELEVEN DOLLARS ($2,184,711.00)
FOR THE TRANSFER OF TWELVE THOUSAND TWENTY THREE (12,023) SQUARE
FEET AND SIXTY-FIVE (65) UNITS OF THE CITY'S TRANSFERABLE
DEVELOPMENT RIGHTS; PROVIDING FOR AN ADJUSTMENT OF THE BALANCE
OF TRANSFERABLE DEVELOPMENT RIGHTS FROM THE CITY'S BANK TO
REFLECT A DECREASE OF ONE HUNDRED TWELVE THOUSAND NINE
HUNDRED AND FIVE (112,905) SQUARE FEET AND SIXTY-FIVE (65) UNITS;
PROVIDING FOR A REPEALER; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 22, 2005 by resolution 05-Z- 91, the City Commission approved an
application submitted by Benge Enterprises, Inc, LSB Investments, Sunny Isles Beach
Entertainment Corp. and Franco Posteraro and Domenico Figlia ("Applicant") for site plan
approval for property located at 150 - 260 Sunny Isles Beach Blvd. aIkIa St. Tropez containing
the transfer of twelve thousand twenty-three (12,023) square feet and sixty-five (65) units
development rights to be purchased from the City's Development Rights Bank ("Bank") as
established pursuant to Ordinance 2004-218; and
WHEREAS, pursuant to Section 265-23 D of the Code of the City of Sunny Isles Beach, the
City Commission shall consider the acceptance of the appraised land value in the amount of nine
million seven hundred eight-five thousand dollars ($9,785,000.00) for the receiving site; for the
purpose of calculating the square foot value of the approved Transfer Development Rights; and,
WHEREAS, the City Commission shall consider the acceptance of two million one hundred
eighty-four thousand seven hundred eleven ($2,184,711.00) by the applicant for the transfer of
twelve thousand twenty-three (12,023) square feet and sixty-five (65) units; and
WHEREAS, the City's Bank balance will be adjusted to reflect a decrease of one hundred
twelve thousand nine hundred five (112,905) square feet and sixty-five (65) units (as opposed to
the application request of twelve thousand twenty-three (12,023) square feet sixty-five (65)
units).
WHEREAS, the property receiving the transfer of development rights ("TDRs") is
located at Lots 29 thru 34 and islands 29 thru 34 of Second Revised Plat of Bella Vista
Subdivision Plat Book 50 Page 76 located at 150 - 260 Sunny Isles Beach Blvd. aIkIa St. Tropez
(hereinafter referred to as the "Receiving Site");
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
R2005- TDRs Transfer to St Tropez
1
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Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference as ifthey fully set forth herein.
Section 2. Approval of Appraised Land Value. The City Commission hereby approves the
appraised land value of nine million seven hundred eight-five thousand dollars ($9,785,000.00)
("Appraised Value"), for the Receiving Site.
Section 3. Authorizing the Transfer and Payment for TDRs. Based on the Appraised Value
set forth in Section 2 hereinabove, the City Commission hereby approves the payment of two
million one hundred eighty-four thousand seven hundred eleven ($2,184,711.00) by the applicant
for the transfer of twelve thousand twenty-three (12,023) square feet and sixty-five (65) units
from the City's TDR's to the Receiving Site located at 150- 260 Sunny Isles Boulevard per
Resolution No. 05-Z-91. A ten percent (10%) non refundable deposit payment shall be made to
the City in the amount two hundred eighteen thousand four hundred seventy-one dollars
($218,471.00). The remainder of the payment is due prior to issuance of the building permit for
the site plan approved by Resolution 05-Z-91.
Section 4. Adjustment of Bank Balance. Upon acceptance of payment for the transfer of
development rights based on the Appraised Value, the Bank's balance will be adjusted to reflect
a decrease of one hundred twelve thousand nine hundred five (112,905) square feet and sixty-
five (65) units (as opposed to the application request for twelve thousand twenty-three (12,023)
square feet sixty-five(65) units).
Section 5. Authoritv of the City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the transfer of development rights, including directing the City
Clerk to record such transfer and directing the Planning and Zoning Administrator to adjust the
Bank balances.
Section 6.
Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED on this 14th day of April, 2005
." . . '-
ATTEST: ,'",'
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--Si:;..:A-'.'L<:
Jane A Hines, CIty Cl~~k , '
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R2005- TDRs Transfer to St Tropez
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OR BK 23426 PG 4173
LAST PAGE
Moved by: (' {bVYWY\\& ~IO~ tNc G::ot>m+YJ
Second by: ~W\W\\.S~ UH\)f..<<.. -r GL~'~
VOTE: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
l/Yes _no
.0es _no
-.0es no
~s -no
~es _no
R2005- TDRs Transfer to St Tropez
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Ciry Commission
•
Ei :i
NY 'S . City of Sunny Isles Beach NOrllanSEdelcupMyor
sLewis J.Thaler.Vce Mayor
°a 17070 Collins Avenue, Suite 250 Rmlyn Brain.CommBsiorier
o Sunny Isles Beach, Florida 33160 GerryGodman,Commissioer
z Danny IglesiaCommissioner` (305 947-0606 City Hallr X305) 949-3113 Fax Christopher J.Rusa0.Ciy Manager
rsoa'/ (305 947-2150 Building Department Lynn M.Dmoheisuq Ciry Attorney
of so '` p05) 947-5107 Fax Jane A.Hines,City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Lynn M. Dannheisser,City AttorneyAD
DATE: April 14,2005 l f
RE: Site plan Approval for St. Tropez.
Recommendation:
It is recommended that the City Commission approve the attached Resolution.
Reasons:
As you know at the last Commission meeting the City Commission heard the application for site
plan approval for what is commonly known as the St. Tropez Project located at 150-260 Sunny
Isles Blvd.
At that hearing, the Applicant did not wish to continue the hearing until the approval of the
purchase price of the TDRs could be concluded following the Ordinances of the City of Sunny
Isles Beach. The Applicant instead chose to have the public hearing closed and having the
Commission's approval of the site plan, variance, and use of TDRs, be subject to three items: 1)
the purchase price for TDRs(based on the appraisal prepared for the City) being agreed to by the
Applicant by this date; 2) the presentation of a color palette; and 3) the clarification of a number
of required disabled spaces for the Project. Thereafter, the payment to the City of a non-
refundable deposit in the amount of ten percent (10%) of the approved purchase price will have
to be made within three (3) days of the conclusion of this hearing.
This Resolution should reflect the approval you gave on April 14, subject to all of the conditions
specified above. It also reflects that in the event the applicant has met all of the conditions of
Resolution the project will be deemed approved.
In the event, however, this matter is not concluded at this Commission hearing the approval will
be deemed denied.
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Attachments
Site Plan Approval for St.Tropez