HomeMy WebLinkAboutReso 2005-873
RESOLUTION NO. 2005- .8J3
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 ONE HUNDRED TWENTY SIX THOUSAND
SEVEN HUNDRED THIRTY SEVEN (126,737) SQUARE FEET OF
FLOOR AREA AND FIFTY (50) DWELLING UNITS TO SUNNY
ISLES DEVELOPMENT COMPANY, LLC FROM THE BANK
ACCOUNT OWNED BY BELLAGIO STRIP BANK; DIRECTING
THE ZONING ADMINISTRATOR OR DESIGNEE TO
TRANSFER THE TDRS FROM THE SUB-BANK ACCOUNT IN
ACCORDANCE WITH ZONING RESOLUTION 04-Z-85;
PROVIDING FOR CONSENT TO TRANSFER TDRS FROM SUB-
BANK ACCOUNT; AUTHORIZING THE ADJUSTMENT OF THE
TDR BANK; PROVIDING THE CITY MANAGER WITH THE
AUTHORITY TO DO ALL TmNGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, by Zoning Resolution No.04-Z-85, adopted June 17, 2004, the City
Commission approved the zoning application submitted by Sunny Isles Development Company,
LLC . (commonly known as "Sea") for the transfer ofTDRs in the amount of 126,737 square feet
of floor area and 50 dwelling units; and
WHEREAS, by Resolution No. 2005-755, adopted January 13, 2005, the City
Commission designated the Bellagio Strip property as a sending site for purposes of transferring
TDRs in the amount 131,1611 square feet and 73 dwelling units; and
WHEREAS, the Zoning Administrator divided the Bellagio Strip Bank into sub-accounts
to reflect the purchase of TDRs by Sunny Isles Development Company, LLC. and Porto Bellagio
Partners, LLC; and
WHEREAS, the Bellagio Strip Bank has the following sub-accounts:
1) Sunny Isles Development Company, LLC
2) Porto Bellagio Partners LLC.
@ 126,737 square feet 70 units
@ 4,874 square feet 3 units
and;
WHEREAS, the property receiving the TDRS is described as follows:
Parcel 1
All that part of the North 100 feet of the South 300 feet of Lot 1, of TATUM'S OCEAN PARK
SUBDIVISION, according to the plat thereof, as recorded in Plat Book 10 at Page 64 of the
Public Records of Miami-Dade County, Florida, extending from the Erosion Control Line of the
Atlantic Ocean, said line recorded in Plat Book 134 at Page 47 of the Public Records of Miami-
Dade County, Florida, to the East right of way of State Road A-I-A (formerly State Road 140),
as said road is shown on a Plat thereof, recorded in Plat Book 47 at Page 101, of the Public
Sunny Isles Dev Co IDR Bank Page 1 of 3
Records of Miami-Dade County, Florida.
Parcel 2
All that part of the North 100 feet of the South 200 feet of Lot 1, of TATUM'S OCEAN PARK
SUBDIVISION, according to the plat thereof, as recorded in Plat Book 10 at Page 64 of the
Public Records of Miami-Dade County, Florida, extending from the Erosion Control Line of the
Atlantic Ocean, said line recorded in Plat Book 134 at Page 47 of the Public Records of Miami-
Dade County, Florida, to the East right of way of State Road A-I-A (formerly State Road 140),
as said road is shown, on a Plat thereof, recorded in Plat Book 47 at Page 101, of the Public
Records of Miami-Dade County, Florida.
Parcel 3
The Southerly 100 feet of Lot 1, of TATUM'S OCEAN PARK SUBDIVISION, according to the
plat thereof as recorded in Plat Book 10 at Page 64 of the Public Records of Miami-Dade
County, Florida, said property described as follows:
Bounded on the West by the East right of way line of Ocean Boulevard (State Road A-I-A and
State Road 140), said road recorded in Plat Book 47 at Page 101 of the Public Records of Miami-
Dade County, Florida; bounded on the East by the Erosion Control Line of the Atlantic Ocean,
said line Recorded in Plat Book 134 at Page 47 of the Public Records of Miami-Dade County,
Florida, bounded on the North by the Northerly line of the Southerly 100 feet of Lot 1; bounded
on the South by the Southerly line of referenced Lot 1.
WHEREAS, the City Commission agrees to authorize the transfer of the TDRs
contemplated herein in accordance with its transfer of development rights ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are
incorporated herein by reference as if they are fully set forth herein.
Section 2. Authorizing the Transfer of Development Rights. Pursuant to Section 265-23.3 of
the City Code and in accordance with Zoning Resolution No.04-Z-85, the City Commission
hereby authorizes the transfer of the development rights in the amount of 126,737 square feet of
floor area and 50 dwelling units to Sunny Isles Development Company LLC. from the TDR sub-
account of Bellagio Strip Bank.
Section 3. Directive to Zoning Administrator. The Zoning Administrator or designee is
hereby directed to transfer the development rights from TDR Bank to Sunny Isles Development
Company LLC., in accordance with Zoning Resolution No. 04-Z-85.
Section 4. Consent to Transfer from Sub-Bank Accounts. The consent to transfer TDRs from
the bank account owned by Bellagio Strip Bank reflected in the attached notarized letter.
Section 5. Adjustment to TDR Bank. The Zoning Administrator is hereby instructed to make
the necessary adjustments to the TDR sub-account owned by Sunny Isles Development Company
Sunny Isles Dev Co TDR Bank
Page 2 of3
LLC in the TDR Bank commonly known as the Bellagio Strip Bank. An adjustment to the
Bellagio Strip TDR Bank to reflect a decrease of 126,737 square feet and 70 units.
Section 6. Authority of the City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 7.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 8 day of Decem
':J ..'
" "', (
,~: A TIEST:,:', '
" ,. ""
,.,' /:. r.;~~ I .. ',I ::A r', / 0 .
". ,.~~~ I-\~,~~
. Jane A. Hines, CitY Clerk
'. :- \ - (-)"
/,
~ .,,)
APPROVED' As TO FORM
AND L GA FICIENCY:
Moved by: CcvY\YY\\~~'Dtu~..2 -=rc..L~JVlS
Seconded by: (nY't'\vn\<;'~\()~ fJR52\W
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
~(Yes)
k1Yes)
---.lL!Y es)
V(Yes)
V"'(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Sunny Isles Dev Co IDR Bank
Page 3 of3
ny
PORTO BELLAGIO PARTNERS, LLC
17100 N. Bay Road, Sunny hIes Beach, FL. 33160
I
September 16, 2005
Jorge Vera, Director of Zoning & Planning
City of Sunny Isles Beach
18070 Collins Ave
Sunny Isles Beach, FI 33160
Re: Creation of Sub-Account Bank within Porto Bellae:io Tract "D" TDR Bank
Dear Mr. Vera:
In accordance with our approved Resolution the City Commission of the City of Sunny
Isles Beach created an account in the TDR bank for the benefit of the undersigned owner
in the amount of 131,611 square feet and 72.5 units, Tract "D". (The balance of the
TDRs from Tract "D" was sent to an account for use by the City.)
This letter is our formal request and authorization of the City to transfer 126, 737 square
feet (and 70 units) from the bank of the Tract "D" TDR Bank to Sunny Isles
Development Company, LLC, a Florida limited liability company, or its assigns
("Transferee") and create a sub-account on its behalf in order to satisfy the approval by
the City Commission of June 17, 2004 by Resolution No. 04-Z-85 for Transferee to
utilize 126, 737 square feet ofTDRs in connection with its condominium project that was
commonly known as the "SEA."
Porto Bellagio Partners, LLC, a Delaware limited liability company, hereby releases the
City including its elected and appointed officials, employees, agents, and consultants, and
holds it harmless, from any and all claims, suits, actions, damages, losses, judgments or
causes of action of any nature whatsoever, it may have as a result of the City complying
with this request and authorization to withdraw the afore-stated amount and transfer it for
the benefit of the Transferee.
Yours truly,
'-~. ~ ~
C i (c ,-
i / ~ __'.
Ba ara Sianco, Owner/Manager If,y
Porto Bellagio Partners,LLC
",..,.Y ~ Notary Public State of Florida
t,~ ~ Ivette lizano
'" ~ ~ My Commission OD432447
.? OF ,...0" Expires 08/06/2009
Notary Name Printed Stamped or Typed
~ersonaily Known L or mdUCed ro.......
1 ype ID produced I) ( ,
I
KODSI
/'
/1~/ ....~.~_~,701 WEST CYPRESS CREEK ROAD
~".~--:~-~C';.-,;; if'" ~:i'J SUITE 303
I. - i,:;; ~'~_..: ~[:~ {~..'~ ~.;\i t;~~ ~'."': FORT LAUDERDALE, FLORIDA 33309
\ ~ C, ",_M"
\: 1.' . Q 2n05 TELEPHONE: 954.771.8277
\ ~.':':, <.;;~, ';";""~:;,,:,,,, FACSIMILE: 954.771.4676
Liill!i:.~}>:;~t~'f,;:;;~~",... .
LA W FIR M P. A.
November 8, 2005
VIA FEDERAL EXPRESS
Jorge L. Vera
Administrator
Planning and Zoning
17070 Collins Avenue
Suite 250
Sunny Isles Beach, FL 33160
RE: Transfer of Development Rights
Sunny Isles Development Company, LLC
Dear Mr. Vera:
As requested by Elena, in our telephone conversation this morning I have enclosed the
original executed and notarized application that was previously forwarded to your office
via facsimile. Please advise if you need additional information, and kindly inform me of
the next process involved and the time frame for finalizing this process.
Sincerely,
(V)~
Cynthia J. Soderlund, Esq.
CJS/mie
Enclosures.
KODSI
701 WEST CYPRESS CREEK ROAD
SUITE 303
FORT LAUDERDALE, FLORIDA 33309
LAW FIR M P. A.
TELEPHONE: 954.771.8277
FACSIMILE: 954.771.4676
VIA FEDERAL EXPRESS
November 4, 2005
Jorge Vera
Planning and Zoning Administrator
City of Sunny Isles Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
RE: Transfer of Development Rights
Sunny Isles Development Company, LLC
Dear Mr. Vera:
In accordance with your instructions for completing the transfer of development rights to
Sunny Isles Development Company, LLC for the receiver site located at 16875 and
16901 Ocean Boulevard, please find enclosed this firm's check no. 3270 in the amount
of $4,000.00 representing the administration fee for completion of the transfer.
It is my understanding that delivery of the above-mentioned funds is the fmal step in the
transfer process. Upon receipt of this correspondence, please provide confirmation via
facsimile that the transfer has been completed. Please call me direct line at 954-315-1938
if you should need additional information. I look forward to hearing from you.
Sincerely,
,', // ,./
,,' {I ,/1 /' ~l'
/ v /' ,:",...--,
/;/- /,c'
." t,/ ."
C~tlri{J. Soderlund, Esq.
CJS/mie
Enclosure.
06-30-2001 04:11PM F~
T-111 P.001/001 F-all
City Use oPIy
Date R.ccoivcd
Date Issued
1laolwon
APPLICAll0N FORM
TRANSFER or DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
CJczt of Court UH OoJy
I. APPUCANT INFORMATION
NA!4E Sunny Isles Development Company, LLC
PHONB (16') ~47-6R44 &MAIL I1/a
FAX (56)) 347-6844
ADDRESS 1499 W. Palmetto Park Road, suite 200,Boca Raton FL 33486
CITY AND STATE Boca Raton FL
7.1P CODE 33486
n. RECEIVER SITE INFORMATION, AS APPLICABLE
OWNER'SNAME Sunny Isles Development, LLC
B-M.A.IL
FAX
PHONE
ADDRESS
CITY AND STATE ZIP CODa
PROPERTY ADDRBSSILOCATION 16875 & 16901 Ocean Blvd.
LBGAL DESCRIPTION
see attached
FOLIO NUMBER. see at tadied
PROPERTY SIZE 2.487 acres
_........CURRENT ZONING_ MU-R
PURCHASE DAn
Ruv ~ 14 ~ lIppliQlion rDnn-lrtln,rt:t of dcvdopmelll rip" 2(.104 (cd)
06-30-2006 04:61PM FROM-
- ---
T-111 P.0021005 F-315
EXISTWG USE OF PROPERTY
EXISTING STRUCTURE ON PROPERTY
vacant land
PROPOSED FLOOR AREA RATIO
PERCENTAGE OF RIGHTS TO BB RECEIVED
4.0
DENSITY 96 units/acre
29.25%
SQUARE FOOT AGE OF FWOR AREA TO BE RECEIVED
DWELLING UNITS TO BE RECEIVED 50
126,737
TOTAL FLOOR AREA RATIO INCLUDING TOR
TOTAL DWELLING UNITS lNCLUDINGTDR
4.0
236
In. SENDING SITE INFORMATION, AS APPLICABLE
OWNER.S NAME
Porto Bellagio Partners, LLC
PHONE
.E-MAIL
FAX
ADDRESS 17100 N. Bay Riad
CITY AND STATE Sunny Isles Beach,FL
ZIPCODE 33160
PROPERTY ADDRBSSILOCATION N. of 172 st./ West of Collins Avenue
LEGALDESCRlPTION METES AND BOUNDS
FOLIO NUMBER
CURRENT ZONING_ Town Center
PURCHASE DATE May 2004
PROPERTY SIZE 111,763 sq. ft.
EXISTING USE OF PROPERTY
Open Land
EXISTING STRUCTURES ON PROPERTY
None
BASE FLOOR AREA RATIO PERMITTED
UNITS PERMITI'ED ---- ---
SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TOR BANK. 131, 611
DWELLING UNITS TRANFERRED TO TOR BANK
73
Rev .:I J 4 04 ;lpplic::oliDn fann-ll':ms(cT Df dcvclopmenl n!ithlS ;2004 (cd)
2
06-30-2005 04:52PM FROM-
T-lll P.003/005 F-315
IV. APPRAISAL INFORMATION -- AS A.PPLICABLE IAPPRAISER MUST BE
APPROVED BY THE CITY]
NAME
PHONE
ADDRESS
CITY AND STATE
E-MAIL
FAX
ZIP CODE
DATE OF APPRAISAL
APPRAISAL VALUE OF SITE
V. TITLE COMPANY INFORMATION AS APPLICABLE (TITLE COMPANY
MUST BE APPROVED BY CITY)
A COMMITMENT OF TITLE ~SUR.ANCJ; ~OR A FORM "B" ~~ST BE SUPPLIED BY THE
SENDING SITE APPLICANT AS PART OF A COMPLETE APPLICATION
NAME OF TITLE COMPANY Kodsi Law Firm, P.A.
701 W. Cypress Creek Road, Suite 303 Ft. Laud., FL 33309
ADDRESS '
PHONE
954-771-8277
E-MAIL
n/a
FAX 954-771-4676
VI. SURVEY COMPANY INFORMATION
NAME OF SURVEYOR
ADDRESS
PHONE_
E-MAIL
FAX
VU. ENVIRONMENTAL AUDIT INFORMATION [COMPANY MUST BE APPROVED
BY CITY)
NAME OF COMPANY
ADDRESS
PHONE
E-MAIL
FAX~
Rev <I 1404 Ilppl iC:llioll form-transfer or development ril.lh15 200~ (cel)
3
06-30-2005 04:52PM FROM-
- --
T-lll P.004/005 F-315
VDL OUTDOOR. CODE VIOLATIONS, AS APPLICABLE
(PROVIDE CERTIFICATE FROM Clnns CHIEF CODE INSPECTOR)
IX. PROPERTY OWNER CER.TIFlCATION AND ACKNOWLEDGMENT
I HEREBY CERTIFY TlIA T
1) THE INFORMATION FURNISHED ON THIS A'RPUCATION AND THE ATTACHMENTS
IS TRUE.
2) 1 AM THE OWNER. OF RECORD OF THE PROPERlY DESCRIBED IN SECTION (II) (In).
(circle applicable number).
3) IF THE APPLICATION, AS MODIFlED OR AMENDED DURING THE REVIEW AND
APPRQY A~ PROCESS. IS GRA,NTBD. I AGRBll, IN CON~J'.QERA nON THE~OlU!. TO
INDEMNIFY AND HOlD H.ARMLBSS. AND PROMISE NOT TO SUE. THE CITY OF SUNNY
ISLES B~CH, INCLUDING ITS OFFICERS AND EMPLOYEES. IN CONNECTION WITII
ANY CLAlMs"OR onmlfACTlONS ARISING OUT OF SAm REVIEW ANI> APPROVAL.
4) I HEREBY ACKNOWLEDGE AND AGREE THAT IF THE PROPERTY IS APPROVED AS
A SEND~R SITE. IT SHALL BE CONVEYED TO THE CITY AS VACANT PROPERTY
WITHOUT ANY STRUcrURES LOCATED THEREON, UNLESS Ol"HERWISE APPROVED
BY THE CITY MANAGER. THE REMOVAL OF STRUCTURES FROM THE SITE SHALL BE
AT NO COST TO THE CITV.
5) I HEREBY ACKNOWLEDGE AND AGREE THAT. AT THE EXPIRATION OF THE FIVE
YEAR PERIOD COMMENCING WITH THE DATE OF CITY COMMISSION APPROVAL OF
THE PROPERTY AS A SENDER SITE. ANY UNUSED DEVELOPMENT RIGHTS
TRANSFERRED FROM THE SENDER SITE SHALL EXPIRE. TERMINATE AND BECOME
EXTINGUISHED AND UNUSABLE.
RE OF OWNER (APPUCANT)
JoSeph K.oDt~\, ~;Aj tl\e1\llo\oeY'
\Ojr/a1P
DATE
SIGNATURE OF CO-OWNER (CO-APPLICANT)
DATE
Rev 4 1'* 04 :IppliclIlion (ol'm-\/1l1lf;rCr of dcvclopmc:nl rights 2004 (cd)
4
06-30-2005 04:52PM FROM-
---
T-111 P.005/005 F-315
STATE OF FLORIDA
COUNTY OF MAMI-llADE 13,.o~
The foresoing instrument was acknowledged before me this ~ day Of~ '
2003 by -J;;~,~?'I . onbebalfof_ _es. -~
tlt~Ia~~ ~..,,~~t-I..c. . aPl<>rida (cmpoII!ion) (partJlelShip {othor:
_1 ~ " . mY\: .~he is personally knowIUO me ort"" predlaced
; ~ : . (typP. ()fidentifir.at1bn produced) as identifir.ation
an dId e an oath.
My Commission Expires:
~O'\~~V. ~~s(/" C, J, SODERLUND
~. . MY COMMISSION # DO 199401
* , *
oJ' ~ EXPIRES: April 2, 2007
~~, 0"" Bonded Thru Budget Notary Services
c:Off\,.: -
STATE OF FLORIDA
coUNTY OF MAMl-DADH
The foregoing instrument was ackD.owledged before me this
200_. by
day of
on behalf of 'J
_ . a Florida (COlporation) (partnership) (othei:
.) He/she is personally known to me or ~as produced
(type of identification produced) as identification
and did take an oath.
My Commission Expires:
Notary Public, State of Florida
Print Name:
R('v 4 1404 npplicUlion rorll1-lrsn~fcr or dcvc:lopm~nl riShlS 2004 (ed)
5
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Nonnan S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin. CommIssioner
GerTY Goodman. CommissIOner
Danny Iglesias, CommIssIoner
(305) 947-0606 City Hall
(305) 949-3113 Fax
Building, Code Enforcement. Planning and Zoning Department
(305) 947-2150 Phone
(305) 792-1565 Fax
Christopher J. Russo, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
ZONING FEES
ACCOUNT
10.0.329-100
~ ZONING HEARING FEE
'::2. ~CO 3 -l (0
o ZONING ADVERTISEMENT FEE
o ZONING LETTER REQUEST
o CONCURRENCY LETTER
o ALCOHOLIC BEVERAGES LICENSE/PERMIT APPLICATION
o TDR APPLICATION
UNION BjlNK
3270
KODSI LAW FIRM, P.A.
IOTA TRUSt ACCOUNT
701 W. CYPRESS CREEK RD., S,..E. 302
FORT LAUDERDALE, FL 33309
63-770/670
10
11/312005
PAY TO THE
ORDER OF City of Sunny Isles
$ **4,000.00
F ur Thousand and 00/1 00*** * ****** ***** **** ***** **********************************************************************,
DOLLARS
City of Sunny Isles
~
MEMO
K0307.223 Sunny Isles Developme TDR's
0000 2 L. b :1 2 L. Ifl
III 0 0 :1 2 70 III I: 0 b 700 7 70 :11:
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en
of Isles Beach Commission
`suer is City Sunny Norman S.Fdeleup, Mayor
° 13
18070 Collins AvenueLewis J.Thaler,Vier Mayor
SunnyIsles Beach, Florida 33160 Roslyn Brenn,Commissioner
iGerry Goodman,C s oner
Danny Iglesias,Commissioner
"- (305) 947-0606 City Hall
•
(305) 792-1565 Fox Chief Fred Naas,Inferno CIES'M ger
>, FeO'` `s (305) 947-2150 Building Department Hansnol,City Attorney
os su ^"o Janee AA.Hines,City Clerk
MEMORANDUM
To: The Honorable Mayor and City Commission
From: Planning and Zoning
Date: December 8, 2005
Re: Sea development (aka Paramount)
RECOMMENDATION
It is recommended that the City Commission approve the proposed resolution for the Transfer of
Development Rights (TDRs) from the Sub Bank of the Bclagio Strip property. The applicant is
requesting the transfer of development rights in the amount 50 dwelling units and 126,737 square
feet to be used in the proposed development.
Agenda Item
Date