HomeMy WebLinkAboutReso 2006-1002
RESOLUTION NO. 2006- \ DD2..
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, ("CITY") AUTHORIZING URBIS AND KEY
INTERNATIONAL LLLP., (THE "APPLICANT"), (TDR2006-01) THE
TRANSFER OF DEVELOPMENT RIGHTS ("TDRs") IN THE AMOUNT OF
EIGHTY ONE THOUSAND SIX HUNDRED SEVENTY FIVE (81,675)
SQUARE FEET OF FLOOR AREA AND FORTY FIVE (45) DWELLING
UNITS FROM THE TRACT "B" PORTO BELLAGIO BANK AND ONE
THOUSAND EIGHT HUNDRED FIFTEEN (1,815) SQUARE FEET AND ONE
(1) DWELLING UNIT FROM THE CITY BANK ACCOUNT FOR THE
TOTAL TRANSFER OF DEVELOPMENT RIGHTS ("TDRs"), IN THE
AMOUNT OF EIGHTY THREE THOUSAND FOUR HUNDRED NINETY
(83,490) SQUARE FEET AND FORTY-SIX (46) DWELLING UNITS,
PROVIDING FOR THE ACCEPTANCE AND PAYMENT BY THE
APPLICANT IN THE AMOUNT $103,000 DOLLARS FOR THE TRANSFER
OF DEVELOPMENT RIGHTS FROM THE CITY BANK IN THE AMOUNT
OF ONE THOUSAND EIGHT HUNDRED FIFITEEN (1,815) SQUARE FEET
AND ONE (1) DWELLING UNIT, PURSUANT TO SECTION 265-23 OF THE
CITY'S LAND DEVELOPMENT REGULATIONS (LDR's), AND SITE PLAN
APPROVAL, PURSUANT TO SECTION 265-18 OF THE LDR's, TO PERMIT
THE DEVELOPMENT OF 20-STORY CONDOMINIUM TOWERS WITH A
TOTAL OF 230-RESIDENTIAL UNITS, ON THE PROPERTY LOCATED AT
400 SUNNY ISLES BEACH BOULEVARD, SUBJECT TO CONDITIONSj
PROVIDING FOR AN EFFECTIVE DATE.
I. RECITALS.
WHEREAS, by Zoning Resolution No 01..- 2..IO~ adopted on October 19, 2006, URBIS
AND KEY INTERNATIONAL LLLP., (the "Applicant") commonly known as "Sunny Isles
Marina" for the transfer of TDRs' in the amount of 83,490 square feet of floor area and 46
dwelling units; and
WHEREAS, by Zoning Resolution No.200S-784, on April 14, 2005, the City Commission
provided the Zoning Administrator or designee with the authority to transfer TDRs from the
Porto Bellagio Sub Bank; and
WHEREAS, the Zoning Administrator divided the Porto Bellagio Sub Bank accounts to
reflect the distribution ofTDRs; and
WHEREAS, the Porto Bellagio Sub Bank has the following sub-accounts:
I) Urbis and Key International, LLLP @8l,67S square feet
45 units
2) Jerry's Famous Deli, Inc.
@101,640 square feet
56 units
I
3) Fort Apache Marina LLC.
@34,48S square feet
19 units
and;
WHEREAS, Urbis Key International, LLLP now wish to transfer the combined total of
TDRs in the amount of 83,490 square feet of floor area and 46 dwelling units the sub-accounts of
Urbis Key International, LLLP 81,675 square fret and 45 dwelling units and to be used in
accordance with Zoning Resolution No. O~-"2-lliand
WHEREAS, Within three (3) business days of approval of the zoning application by the
city Commission, the Applicant shall provide the City with a deposit in the amount of
$103,000.00 for the transfer of 1,815 square feet and 1 dwelling unit, from the City's TDR Bank,
subject to an appraisal being obtained by the City. If the full purchase price based on the
appraisal is less than the total amount submitted by the Applicant, the Applicant is entitled to a
refund of the difference between the final price and the total amount deposited.
WHEREAS, the property receiving the TDRs has the following legal description; LOTS 24, 25
AND TRACTS B, C AND D, OF SECOND REVISED PLAT OF BELLA
VISTA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 50, PAGE 76, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA. LESS THE FOLLOWING DESCRIBED
PARCEL TAKEN BY CONDEMNATION PROCEEDINGS PURSUANT TO
INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 12676, PAGE
803 AND ORDER OF TAKING, RECORDED IN OFFICIAL RECORDS
BOOK 12722, PAGE 1619:
THAT PARCEL OF LAND LYING IN THE NORTHWEST y., OF SECTION
14, TOWNSHIP 52 SOUTH, RANGE 42 EAST MIAMI-DADE COUNTY,
FLORIDA, BEING A PORTION OF LOTS 24 & 25 AND TRACTS "B", "c"
AND "D", OF SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
50, PAGE 76, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID TRACT "D", THENCE
RUN SOUTH 03039'14" EAST. A DISTANCE OF 40.06 FEET ALONG THE
EAST BOUNDARY OF SAID TRACT "D" TO A POINT ON A CIRCULAR
CURVE CONCAVE TO THE NORTH, HAVING A RADlOUS OF 1409.50
FEET AND TANGENT BEARING AT SAID POINT SOUTH 84013'22"
WEST; THENCE WESTERLY AND NORTHWESTERLY ALONG SAID
CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 06017'27" FOR
AN ARC DISTANCE OF 154.76 FEET TO A POINT OF TANGENCY;
THENCE NORTH 89029'11" WEST, A DISTANCE OF 351.24 FEET TO A
POINT OF CURVATURE OF A CIRCULAR CURVE TO THE NORTHEAST,
HAVING A RADlOUS OF 118.50 FEET; THENCE NORTHWESTERLY,
ALONG SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 36
2
046'29" FOR AN ARC DISTANCE OF 76.06 FEET TO A POINT ON THE
WESTERLY BOUNDARY OF THE AFOREMENTIONED LOT 24; THENCE
NORTH 13 013'15" EAST; A DISTANCE OF 8.23 FEET ALONG THE
WESTERLY BOUNDARY OF SAID LOT 24; TO THE NORTHWEST
CORNER OF SAID LOT 24 BEING A POINT ON A CIRCULAR CURVE
CONCAVE TO THE NORTHEAST, HAVING A RADIOUS OF 303.79 FEET
AND A TANGENT BEARING AT SAID POINT SOUTH 70 "21'01" EAST;
THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY
ALONG SAID CIRCULAR CORNER CURVE THROUGH A CENTRAL
ANGLE OF 23018'13" FOR AN ARC DISTANCE OF 123.56 FEET TO A
POINT OF TANGENCY; THENCE NORTH 86 "20'46" FOR A DISTANCE OF
451.44 FEET TO THE POINT OF BEGINNING. LAST TWO (2) COURSES
BEING ALONG THE NORTHERLY BOUNDARY OF SAID LOTS 24 AND 25
AND OF TRACTS 'B", "c" AND "D".
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF NORTH
MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, the City Commission agrees to authorize the transfer of the TDRs
contemplated herein in accordance with its transfer of development rights ordinance.
NOW TEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. 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. Ol.-7-1(}4. the City Commission
hereby authorizes the transfer of the development rights to Urbis and Key International, LLLP.,
in the amount of 81,675 square feet and 45 dwelling units from the sub-account owned by Porto
Bellagio Tract "B".
Section 3. Authorizing the future Transfer of Development Rights. Pursuant to Section
265-23.3 of the City Code and in accordance with Zoning Resolution No. o(,-Z-/(')<j. the City
Commission hereby authorizes the transfer of the development rights to Urbis and Key
International, LLLP., in the amount of 1,815 square feet and I dwelling units from the City's
TDR Bank and acceptance of payment in the amount of $103,000.00 within three (3) working
days from Commission approval of this resolution.
Section 4. Directive to Zoning: Administrator. The Zoning Administrator or designee is
hereby directed to transfer the development rights from TDR Bank to Urbis Key International,
LLLP, in accordance with Zoning Resolution No. 0(.-1..-1 Or./..
3
Section S. Consent to Transfer from Sub-Bank Accounts. The consent to transfer TDRs
from the sub-bank accounts owned by Porto Bellagio Tract "B" is reflected in the attached
letters.
Section 6. Adiustment to TDR Bank for the Porto Bellagio Property. The Zoning
Administrator is hereby instructed to make the necessary adjustments to the TDR sub-accounts
owned by Urbis and Key International, LLLP., by withdrawing 81,675 square feet and 45
dwelling units, from, the TDR Bank commonly known as the Porto Bellagio Bank. The Zoning
Administrator is hereby instructed to make the necessary adjustments to the City's TDR Bank by
withdrawing 1,815 square feet and one (I) dwelling unit.
Section 7. Authority of the Citv Manager. The City Manager is hereby authorized to do
all things necessary to effectuate this Resolution.
Section 8.
Effective Date.
This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 19th day of October 2006
\1 .
CITY OF SUNNY ISLES BEACH, FLORIDA
BY'"::;;
Norman S. Edelcup, Mayor
.:,
, .,
, .
c. :
[,
L, :'~, ',.> .-:... r"'\
.::~~/~ ~
'<:"Jane:A. Hin~s;:.CMC, City Clerk
" -";'.1 \'; ~. r J
APP n TO ORM
F. CIENCY:
VOTE: '5-D
Moved by: (\\~ -r-\#rl..~
Second by: 6~ ::t.C;L~S;A5
Mayor Norman Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
--0es
~es
~es
~es
~es
_no
_no
_no
no
_no
4
City Use Only
Date Received u..!2.IS/o C;
Date Issued
Resolution
~~A~R~::~~
zro'--o\
PLANNING & ZONING DEPT.
APPLICABLE FORM
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
I. APPLICANT INFORMATION
NAME: Urbis and Kev International. LLLP
PHONE: (305) 377-1001
E-MAIL
FAX
ADDRESS: 848 Brickell Avenue. Suite 700
CITY AND STATE: Miami. Florida
ZIP CODE: 33133
II. RECEIVER SITE INFORMATION, AS APPLICABLE
OWNER'S NAME: Urbis and Kev International LLLP
PHONE: (305) 377-1001
E-MAIL
FAX
ADDRESS: 848 Brickell Avenue. Suite 700
CITY AND STATE: Miami. Florida
ZIP CODE: 33133
PROPERTY ADDRESS/LOCATION
400 Sunnv Isles Boulevard
LEGAL DESCRIPTION
See Exhibit "A"
FOLIO NUMBER 31-2214-007-0240 CURRENT ZONING: Town Center
PROPERTY SIZE 2.467 Acres PURCHASE DATE: AUl!ust 8. 2005
Rev 4 1404 application form-transfer of development rights 2004(ed)
I
EXISTING USE OF PRm ~.{TY
Marina
EXISTING STRUCTURE ON PROPERTY Marina facilitv partiallv destroyed by Hurricane Wilma
PROPOSED FLOOR AREA RATIO: 4.31 (with bonuses) DENSITY: 75 units/acre= 184
PERCENTAGE OF RIGHTS TO BE RECEIVED: 25%
SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED:46 X 1815 (Tract B)=83.490
DWELLING UNITS TO BE RECEIVED 46
TOTAL FLOOR AREA RATIO INCLUDING TDR 4.31 or 461. 502 SQ ft
TOTAL DWELLING UNITS INCLUDING TDR 184 + 46 = 230
III. SENDING SITE INFORMATION, AS APPLICABLE
OWNER'S NAME: Urbis and Key International, LLLP
PHONE E-MAIL
ADDRESS SAME AS ABOVE
CITY AND STATE ZIP CODE
PROPERTY ADDRESS/LOCATION (From Porto Bellagio Tract "B" Bank)
LEGAL DESCRIPTION
FOLIO NUMBER
PROPERTY SIZE
EXISTING USE OF PROPERTY
EXISTING STRUCTURES ON PROPERTY
BASE FLOOR AREA RATIO PERMITTED . UNITS PERMITTED
SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK
DWELLING UNITS TRANSFERRED TO TDR BANK 46 Units
FAX
CURRENT ZONING
PURCHASE DATE
Rev 4 1404 application form-transfer of development rights 2004(ed)
2
IV. APPRAISA~ INFORMATION - AS APPLICABL." [APPRAISER MUST BE
APPROVED BY THE CITY]
NAME N/A
PHONE
ADDRESS
CITY AND STATE
DATE OF APPRAISAL
APPRAISAL VALUE OF SITE
V. TITLE COMPANY INFORMATION AS APPLICABLE [TITLE COMPANY
MUST BE APPROVED BY CITY]
E-MAIL
FAX
ZIP CODE
A COMMITMENT OF TITLE INSURANCE FOR A FORM "B" MUST BE SUPPLIED BY THE
SENDING SITE APPLICANT AS PART OF A COMPLETE APPLICATION
NAME, OF TITLE COMPANY
ADDRESS
PHONE
N/A
E-MAIL
FAX
VI. SURVEY COMPANY INFORMATION
NAME OF SURVEYOR
ADDRESS
PHONE
N/A
E-MAIL
FAX
VII. ENVIRONMENTAL AUDIT INFORMA TION [COMPANY MUST BE
APPROVED BY CITY]
NAME, OF COMPANY
ADDRESS
PHONE
N/A
E-MAIL
FAX
Rev 41404 application form-transfer of development rights 2004(ed)
3
EXHIBIT "A"
LOTS 24, 25 AND TRACTS B, C AND D, OF SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 50, PAGE 76, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA. LESS THE FOLLOWING DESCRIBED PARCEL TAKEN BY
CONDEMNATION PROCEEDINGS PURSUANT TO INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK
12676, PAGE 803 AND ORDER OF TAKING, RECORDED IN OFFICIAL RECORDS BOOK 12722, PAGE 1619:
THAT PARCEL OF LAND LYING IN THE NORTHWEST Y. OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42
EAST MIAMI-DADE COUNTY, FLORIDA, BEING A PORTION OF LOTS 24 & 25 AND TRACTS "B", "C" AND "D",
OF SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 50, PAGE 76, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID TRACT "D", THENCE RUN SOUTH 03039'14" EAST. A
DISTANCE OF 40.06 FEET ALONG THE EAST BOUNDARY OF SAID TRACT "D" TO A POINT ON A CIRCULAR
CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1409.50 FEET AND TANGENT BEARING AT SAID
POINT SOUTH 84013'22" WEST; THENCE WESTERLY AND NORTHWESTERLY ALONG SAID CIRCULAR
CURVE THROUGH A CENTRAL ANGLE OF 06017'27" FOR AN ARC DISTANCE OF 154.76 FEET TO A POINT OF
TANGENCY; THENCE NORTH 89"29'11" WEST, A DISTANCE OF 351.24 FEET TO A POINT OF CURVATURE OF
A CIRCULAR CURVE TO THE NORTHEAST, HAVING A RADIUS OF 118_50 FEET; THENCE NORTHWESTERLY,
ALONG SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 36046'29" FOR AN ARC DISTANCE OF
76.06 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE AFOREMENTIONED LOT 24; THENCE
NORTH 13013'15" EAST, A DISTANCE OF 8.23 FEET ALONG THE WESTERLY BOUNDARY OF SAID LOT 24; TO
THE NORTHWEST CORNER OF SAID LOT 24 BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 303.79 FEET AND A TANGENT BEARING AT SAID POINT SOUTH
70"21'01" EAST; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG SAID CIRCULAR
CURVE THROUGH A CENTRAL ANGLE OF 23018'13" FOR AN ARC DISTANCE OF 123.56 FEET TO A POINT OF
TANGENCY; THENCE NORTH 86"20'46" FOR A DISTANCE OF 451.44 FEET TO THE POINT OF BEGINNING.
LAST TWO (2) COURSES BEING ALONG THE NORTHERLY BOUNDARY OF SAID LOTS 24 AND 25 AND OF
TRACTS "B", He" AND "D".
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF NORTH MIAMI BEACH, MIAMI-DADE COUNTY,
FLORIDA AND CONTAINING 107041 SQUARE FEET (2.457 ACRES) MORE OR LESS
ADDRESS:
400 SUNNY ISLES BOULEVARD
NORTH MIAMI BEACH, FLORIDA
Rev 41404 application form-transfer of development rights 2004(ed)
6
WEISS SEROTA HELFMAN
PASTORIZA COLE & BONISKE, EA.
ATTORNEYS AT LAW
MEI.ISSA P. ANDERSON'"
L.ILL.IAN ARANGO DE LA HOZ.
JAMES E. BAKER
.sEPF P.H. CAZEAU
RAQUEL ELEJABARRIETA
.OF.COUNSEl.
PAUL S. FIGG
CHAD FRIEDMAN
TARA L. GOUl.D
-GREGORY A. HAIL.E
.JOHN.I. KENDRICK III
KAREN LIEBERMAN.
,JOHANNA M. L.UNDGREN
ANDREW W. MAl
MATTHEW H. MANDEL.
AL.EXANDER L. PALENZUELA-MAURI
CHRISTINA PRKIC
JOHN J. QUICK
ANTHONY L. RECIO
SCOTT A. ROBIN
GAIL D. SEROTA'"
JONATHAN C. SHAMRES
. taTREl-ltTA S. SIBlLA
EDUARDO M. SOTO
MICHAEL L. STINES
JOSE S. TALAVERA
STEVEN E. TAYLOR
JAMES E. WHITE
MITCHELL. A. BIERMAN
NINA I.. SONISKE
MITCHELL J. BURNSTEIN
JAMIE ALAN COL.E
STEPHEN J. HELFMAN
GILBERTO PASTORlZA
MICHAEL. S. POPOK
JOSEPH H. SEROTA
SUSAN L. TAEVARTHEN
RICHARD JAY WEISS
DAVID M. WOLPIN
BROWARD OFFICI!:
200 EAST eROWARD BOULEVARD
SUITE 1900
FORT LAUDERDALE, F"LORIDA 33301
TEJ..EPHONE 9.!54-763~4242
TELECOPIER 954-764-7770
WWW.WSH-J..A.W.COM
MIAMI~DADE OFFICE
2665 SOUTH SAYSHORE CRIVE . SUITE 420
MIAMI. FLORIDA 33133
TEJ..EPHONE 305-854-0800 . TELECOPIER 305-854-2323
LYNN M. DANNHEISSER
IGNACIO G. DEL VALLE
DOUGLAS R. GON2Al.ES
September 18, 2006
VIA E-MAIL
Ms. Elena Del Campillo
Planning and Zoning Technician
CitY of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Re: TDRsfor "Sunny Isles Marina" Project Located at 400 Sunny Isles Blvd.
Dear Ms. Del Campillo:
Please be ad"{ised that Urbis and Key International ("Applicant") have already purchased
45 of the 46 units they will be requesting as TORs from the Tract "B" Porto Bellagio
Bank as reflected in the bank statement attached to our original application. The
Applicant intends to purchase one (1) additional unitil,8l5 square feet) from the Fort
Apache Marina LLC sub-bank, if approved by the City Cominission, to bring its bank
from forty-five (45) to forty-six (46) units.
Sincerely,
[I:; L.L~ 9.J~~., I' )
StePh! J. Helfman 7 ~
cc: Inigo Ardid
134.5001
LMD:ns
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezln, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
(305) 947-0606 City Hall
(305) 792-1 565 Fax
(305) 947-2150 Building Department
Fred Maas, Interim Gily Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
January 9, 2005
Barbara Bianco, Owner/Manager
Porto Bellagio Partners, LLC.
17100 N. Bay Road
Sunny Isles beach, Fl. 33160
Re: TDR Bank
Dear Ms. Bianco
Enclose is a revised copy of the Porto Bellagio Transfer Development Bank (Tract 'B') and the sub
bank. The bank holders are Porto Bellagio Partners, LLC which holds 136,125 square feet and 75
units and Fort Apache Marina LLC (sub bank) which has holds 81,675 square feet and 45 units and
which said sub bank balance has been transferred to Urbis and Key International LLLC ( see
enclosed letter).
Should you have any questions regarding this or any other matter you can call me at 305-947-2150
or e-mail meatjverala2sibfl.net.
\,\incerely, \J\ 1
~c~<-t \J n I c...--
,\ J0\..
Jorte L. V ra
\.......,_Adistant City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 792- ) 565 Fax
(305) 947-2150 Building Department
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commis$ioner
Danny Iglesias, Comm;ssiQ_1J~r-
Lewis J. Thaler, Commissioner
Fred Maas, Interim City Manager
Hans Ottino., City Attorney
Jane A. Hines, City Clerk
January 9, 2006
Fred Chovinard, Managing Member
Fort Apache Marina, LLC
407 Ocean Boulevard
Golden Beach, Fl. 33160
Re: TOR Bank
Dear Mr. Chovinard
This is to acknowledge that a sub bank from the Porto Bellagio Transfer Development Bank Tract
'B' has been created in the name of Fort Apache Marina LLC in the amount 81,675 square feet and
45 units and which said sub bank balance has been transferred to Urbis and Key International
ULC. (see enclosed letter).
Should you have any questions regarding this or any other matter you can call me at 305-947-2150
or e-mail meatjvera@sibfl.net.
\ Sin",.Iy, 0
~~ L j,
\.. Assistan~;~ Manager
-
LAW OFFICES
RICHARDS, 6...KEY, FITE, SLAUGHTER, PRATESI & WAriD, P.A.
RICHARDS BUILDING
1253 Park Street
Clearwater, FL 33756
(72rl 443-3281
Fax: (727) 447.8830
RALPH RICHARDS (1893.1880)
JOHN D. FITE (1833-2000)
JOHN E. SLAUGHTER, JR.
EMIL O. PRATESI
R. CARL TON WARD
THEO ... KARAPHILLIS
BRIAN FETTIG
C~VE. ~ .
. -". .!iIi 0 COUNSEL
."'. . OILLI M W. GILKEY
PATHI W. RINARD
JUN 0 8 2006
City of Sunny Isles Beach
OtflCQ of thGi CUy Manager
June 2, 2006
City of Sunny Isles Beach, Florida
Jorge Vera, Assistant City Manager
17070 Collins Avenue #250
Sunny Isles Beach, FL 33160
Re: Porto Bellagio Partners, LLC sale ofTDRs to Fort Apache Marina, LLC
Dear Mr. Vera:
Please find enclosed a letter of direction from Porto Bellagio Partners and copy of an
Assignment document executed by Porto Bellagio Partners, LLC transferring and conveying all of
the right, title and interest of Porto Bellagio Partners, LLC to 75 units and 136,125 square feet of
TDRs that were obtained by Porto Bellagio in association with the remaining two (2) acres of Tract
"B" of the Porto Bellagio site. Please provide written confirmation to this office at your earliest
convenience that the City of Sunny Isles Beach, Florida acknowledges this transfer and has credited
the TDRs so transferred to the account of Fort Apache Marina, LLC.
Shouid you have any questions, please don't h~sitate to. ccntaGt m~.
Very tl'llly yo'-!F8,
"f _;.-?
/ / /<'
:"./ //.,/. ,/
</'7,// /'
/.,- ,c..' L--
1.... t.:~~/t..</ ~
R. Carlton Ward
RCW/das
Enclosure
.....'...V"J-'aUr-.. .&'t..vnu
JNNY ISLES BEACH, FL 33160
May 30,2006
Jorge Vera, Assistant City Manager
City of Sunny I~Ies Beach
18070 Collins Ave
Sunny Isles Beach, FI 33160
Re: Transfer of Remaininl!: Porto Bellal!:io Tract "B" 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
for which 136,125 square feet and 75 units of Tract "B" remain.
This letter is our formal request and authorization of the City to transfer the full
remaining amount of 136,125 square feet (and 75 units) of the Tract "B" IDR Bank from
Porto Bellagio Partners, LLC and create two new sub accounts as follows; 101,640
square feet and 56 units in the name of "Jerry's Famous Deli, Inc."; and 34,485 squllre
feet and 19 units in the name of" Alfred R. Chouinard, U &/or Fort Apache Marina,
LLC", or its assigns ("Transferee").
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.
Could you please be so kind to notify Alfred R. Chouinard, II of the new sub bank
accounts created within 24 hours, as per our agreement with him. Attached is the contact
and address for Mr. Chouinard.
~?!- . .~
Barbara Blancobging G.P.
Porto Bellagio Partners, LLC
Dated this 30lh day of May 2006 at Dade County.
~~u~_ ~Dh&t:
Notary
.f.":~ Susan OIlilal
;'~j MyCommilllonOO3ll5334
...,..". ExpI8l Man:l130. 2008
ASSIGNMENT
PORTO BELLAGIO PARTNERS, LLC, a Delaware limited liability company
("Assignor") does hereby transfer, set over, assign and convey to JERRY'S FAMOUS DELI,
INC., all of its right, title and interest in transfer of the development rights ("TDRs") in the
amount of 101,640 square feet offioor area and 56 units and to ALFRED R. CHOUINARD, 11
&/or FORT APACHE MARINA, LLC, all of its right, title and interest in transfer of the
development rights ("TDRs") in the amount of 34,485 square feet of floor area and 19 units
(collectively "Assignee"). .
Assignor does hereby warrant and represent that it has title to said TDRs free and clear
of any claims, liens or encumbrances and that it will defend said title against the claims of all
persons whomsoever.
Assignee accepts this Assignment subject to the applicable rules, regulations and
ordinances set forth by the City of Sunny Isles Beach, Florida and specifically Assignee
acknowledges and agrees that its ability to utilize lIIlY of the TDRs so transferred is limited in
time to five (5) years from the date of approval of the TDRs by the City of Sunny Isles Beach
and the said timeframe will expire April 14, 2010. Assignor shall have no responsibility or
liability for any failure of purchaser to utilize said TDRs after said date.
IN WITNESS WHEREOF, this Consent to Transfer is executed this $"0 day of
/J;r; . 2006.
WITNESSES:
PORTO BELLAGIO PARTNERS, LLC,
a Delaware limited liability company
By:
Porto Bellagio Investors, LLC, a Delaware
limited liability company, its manager
/;;1
u
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/ ignature of
I. tW/(/i /)II?DhA
Print Name of Witness
Jd,J'r"-4-?t it"" /,,7'
Signature ofWi~ss .
...)u'S.A:. Ai .il-= oS IIE.-r
Print Name of Witness
By: Bradford-Porto Bellagio Partners, LLC,
a Florida limited liability company,
its ~ber !7. ,_
By: ~ r ~
Barbara Bianco, its Manager
M:\REA.LEST\DAS\Porto Bell8fJig Fort Apachlil\Assign TOR l.doe
LIly 01 ~unny Isles neacn
18070 Collins A 'l
Sunny Isles Beach, Florida 33160
Norman S. Edelcup, Mayo}
Lewis J. Thaler, Vice MayOl
Roslyn Brezin, Commissionel
Gerry Goodman, Commissionel
Danny Iglesiasl Commissionel
(305) 947-0606 City Hall
(305) 792,1565 Fax
(305) 947-2150 Building Department
Christopher J. Russo. City Managel
Hans Ottinot, City Atlorne}
Jane A. Hines, City ClerA
October 11, 2005
Barbara Bianco, Owner/Manager
Porto Bellagio Partners, LLC.
17100 N. Bay Road
Sunny Isles Beach, Fl. 33160
Re: TOR Bank
Dear Ms. Bianco
Enclose is a copy of the Porto Bellagio Transfer Development Bank (Tract 'B') and the sub bank as
requested in your letter dated October 11,2005. The bank holders are Porto Bellagio Partners,
LLC which holds 136,125 square feet and 75 units and Fort Apache Marina LLC (sub bank) which
holds 81,675 square feet and 45 units.
Should you have any questions regarding this or any other matter you can call me at 305-947-2150
or e-mail meatjvera@.sibfl.net.
\cerelY, 0
~ L 'N---
'~stant City Manager
,~5 16:27
From-RICHARDS '~Ev 'TTYS
TZT-447-883D
7-244 P,03/11 F-203
PORTO BELLAGIO PARTNERS. LLC
MS. BARBARA BIANCO. MANAGING G.P.
17100 N. BAY ROAD
SUNNY ISLES BEACH. FL 33160
October 4, 2005
City of Sunny Isles Beach, Florida
Chris Russo, City Manager
Re: Porto Bellagio Partncrs, LLC Sale ofTDRs to Fort Apache Marina, LLC
Dcar Mr. Russo:
Porto BelIagio Partners, LLC has emered into an Agreement to transfer the
dcvelopment rights ('TDRs") for 45 units and 81, 675 square feet to Fort Apache Marina.
LLC, said transfer to be effective on or about October 17, 2005. The TDRs being
transferred are part of the TDRs tor 120 units and 217, 800 square feet that were obtained
by Porto BelIagio in association with thc rC1llaining two (2) acres of Tract "B" of the
Porto Bellagio site. It is my understanding that this transfer can be processed
administratively without thc requirement of a public hearing and ordinance and therefore
can be expedited.
Please confinn to Porto BelIagio's representative, Dave Metzner, at yOur earliest
convenience that the City will be able to confirm the transfer of the subject TORs to tbe
Purchaser by October 17, 2005, and what other information you might require.
,---,
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/.1,(,.. " i..'kri<l" Erni'"d \ial:'ilhy comp&Gy (".A.ss.ignee":t all of its ri~ltl_ titie ~l1.cl i11lor"$[ ill
l~fI"l,b of' the d",,'dl~i;'mr.nt r(gllr.~ ("TDRs'') in tn.: amCmIlt of 8 J.,675 S4]Uare f,),!! of .f]ot'r :u'ea
J'ld I:~~ llnh:s.
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ot Jny \.!~.illt~.. liens or cIlC1m:bt;'1Jlces lInd Ih"1. it wi!! dcl.\l'nd s~id ri~le Ol.IJi.linsr the ,~iN,im" of aU
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o:'din'lJ:J.C~; 3'.'\ fktll b~' the City,,,; SUllny J~l.,..'l Beach" Flo.l'ida ",,<) ~.p';".iik>.ll.1y A~s'l!Inee
cc":k.nt."'..l'"lll<" m,d "!!"'~~ 1,1\"1 ir.s 'loiiir.:' to t11ili7.e Il.n)' ;)ftl,d 'mR, 5<> l....n~f"n."d is Ihni.cd in
lime to ilv.. <:ll Y."'." u'om .th~ th;o of "P.pl"Oval ot"rhe 'l'DR" by th" C'iry of 3ul'IlJ.y Isle.' P~"C:l
lllId rll.. said tim't.n'am" will e:<pire April i4, 201 O. A5~ign{)I shall 011'10.: n., r"~:po"sibiJll::r ur
li:.bilily fJf "ll:> f..Uu.("i M IJur~hilscr to mUll:!:.' 3aid TORs atl:~~ sll.id dllle..
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., .~ll.lI:.!d.tt ilintled IiGbiHtr con".pany,
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City of SUfI..y Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
CuyCommlSSIO.
Norman S. Edelrup, Mayo
Lewis J. Thaler. Vice Mavo
Roslyn Brezin, CommlsSlo~e
Gerry Goodman, Commlsslone
Danny Iglesias, CommisslOne
Of ~ul'l
(305) 947-0606 City Hall
[305) 792,1565 Fox
(305) 947-2150 Building Deportment
Christopher J. Russo. City Manage.
Hans OHinot, City A lJorne)
Jane A. Hines, llfY CIeri
September 21,2005
Barbara Bianco, Owner/Manager
Porto Bellagio Partners. LLC
17100 N. Bay Road
Sunny Isles Beach, Fl. 33160
Re: TDR Bank
Dear Ms. Bianco
Enclose is a copy of the Porto Bellagio Transfer Development Bank and the sub bank
as requested in your letter dated September 16, 2005, Should you have any questions
regarding this or any other matter you can call me at 305-947-2150 or e-rnail me at
)vera@sibfl,net
. ~L0p-
Jor L ra
ssistant ity Manager
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PORTO BELLAGIO PARTNERS, LLC
17100 N. Bay Road, Sunny I~les Beach, FL. 33160
September 16, 2005
Jorge Vera, Director of Zoning & Planning
City of Sunny Isles Beach
18070 Collins Ave
Sunny Isles Beach, Fl33160
Re: Creation of Sub-Account Bank within Porto BeUaeio Tract "D" TDR Bank
Dear Mr. Vera:
In accordance with our approved Resolution the City Commission ofthe 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 ofthe
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-8S for Transferee to
utilize 126,737 square feet ofTDRs in connection with its condominium project that was
comrnonly 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 aU 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,
'-'~~ 'l!otfn!
~: I;: .'
, ~
Ba' ara Jianco, Owner/Manager <hy ,
Porto Bellagio Partners,LLC
Signature of Notary' ublic
,""... Notary Public Slale of Flooda
!'..~ ~ Ivette Uzano
.. ~; My Commission 00432447
'9,,> Of ,...oq} Expires 08/0612009
Notary Name Printed Stamp:ci- or Typed
Ilersonally KIll>Wll JL., or 'l"~dUCed In......
"l'ype ID produoed II' .
I
VIII. OUTDOOk ...:ODE VIOLATIONS, AS APPLICA...",E
[PROVIDE CERTIFICATE FROM CITY'S CHIEF CODE INSPECTOR]
N/A
IX. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGMENT
I HEREBY CERTIFY THAT
1) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHMENTS
IS TRUE.
2) I AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTION (II) (III).
(circle applicable number)
3) IF THE APPLICATION, AS MODIFIED OR AMENDED DURING THE REVIEW AND
APPROVAL PROCESS, IS GRANTED, I AGREE, IN CONSIDERATION THEREFORE, TO
INDEMNIFY AND HOLD HARMLESS, AND PROMISE NOT TO SUE, THE CITY OF SUNNY
ISLES BEACH, INCLUDING ITS OFFICERS AND EMPLOYEES, IN CONNECTION WITH ANY
CLAIMS OR OTHER ACTIONS ARISING OUT OF SAID REVIEW AND APPROVAL.
4) I HEREBY ACKNOWLEDGE AND AGREE THAT IF THE PROPERTY IS APPROVED AS
A SENDER SITE, IT SHALL BE CONVEYED TO THE CITY AS VACANT PROPERTY WITHOUT
ANY STRUCTURES LOCATED THEREON, UNLESS OTHERWISE APPROVED BY THE CITY
MANAGER. THE REMOVAL OF STRUCTURES FROM THE SITE SHALL BE AT NO COST OT
THE CITY.
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.
~~F6~R~A;P~CANT)
4/ ;;g/2&6b
DATE
SIGNATURE OF CO-OWNER (CO-APPLICANT)
DATE
Rev 4 1404 application form-transfer of development rights 2004(ed)
4
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ~ day of IlIY<.i Z
200-i.-, by :t: 'h I ~ tJ /4/'<1) i./l on behalf of
, a Florida (corporation) (partnership) (other:
.) He/she is personally known to me or has produced
(type of identification produced) as identification
and did take an oath.
My Commission Expires:
N~:P~~ Sta~lor:d~ ~
Print Name: """""
~1.~, MY COMMISSION # DD 215458
. 'W EXPIRES: Seplember23, 2007 I
'''':~ Bonded Thru NolafY Public Umierwrrten t '
-,.;:;"-.-.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _ day of
200_, by on behalf of
, a Florida (corporation) (partnership) (other:
.) He/she is personally known to me or has produced
(type of identification produced) as identification
and did take an oath.
My Commission Expires:
Notary Public, State 0 fFlorida
Print Name:
FTL301707.1
Rev 4 [404 application form-transfer of development rights 2004(ed)
5
To:
Via:
From:
Date:
Re:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 792-1565 Fax
(305) 947-2150 Building Department
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice MajQr
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMe, City Clerk
MEMORANDUM
The Honorable Mayor and City Commission
A. John Szerlag, City Manager
Jorge Vera, Assistant City Manager
Robert C. Solera, Community Development Director
October 19, 2006
Transfer of Development Rights for Urbis and Key International, LLLP.
RECOMMENDATION
This resolution is presented for your consideration.
REASONS
The applicant is requesting a transfer of 83,490 square feet and 46 units of development rights.
An adjustment shall be made to the TDR sub-accounts owned by Urbis and Key International,
LLLP. for a decrease of 81,675 square feet and 45 dwelling units, and 1,815 square feet and I
dwelling unit, from the City's Bank. Please know that a request to purchase the above reference
amount from the City's transfer development bank was requested by the applicant on Friday,
October 11,2006. Due to the late request by the applicant for the purchase of the TDR's from
the City Bank, staff did not have adequate time to have an appraisal prepared pursuant to Section
265-23 of the City Code. However, within three (3) business days of approval of the zoning
application by the city Commission, the applicant shall provide the City with a deposit in the
amount of $103,000.00 for the transfer of 1,815 square feet and I dwelling unit, from the City's
TDR Bank, subject to an appraisal being obtained by the City on the receiving site.
This deposit is in lieu of the required appraisal to be submitted prior to the intent to purchase any
City owned TDR. If the full purchase price based on the appraisal is less than the total amount
submitted by the Applicant, the Applicant is entitled to a refund of the difference between the
final price and the total amount submitted. In the event that the appraisal is higher than the total
Agenda Item I 0 ':f
Date In - \.<1 - ol:.
Memorandum
October 11, 2006
Page 2
amount submitted by the applicant, then the applicant deposit that difference. The City has
already requested an appraisal for the property.
i
I
I
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Deparlmenl
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Hrezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
Elena Del Campillo, Planning & Zoning Technician
Priscilla Walker, CMC, Deputy City Cler;?uJ~
October 23,2006
Approval ofUrbis and Key International LLLP TDR Resolution
At its regular meeting of October 19,2006, the City Commission adopted Resolution No. 2006-
1002, which approved certain TDRs for Urbis and Key International LLLP. Attached is a copy
of the approving resolution to assist you in processing this item with the applicant.
Thank you.
:pw
Attachments
cc: A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager/Services
Urbis & Key Tdr Approval Trans Memo