HomeMy WebLinkAboutReso 2006-1016
RESOLUTION NO, 2006-.1Qlt..
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, ("CITY") AUTHORIZING THE TRANSFER OF
DEVELOPMENT RIGHTS ("TDRs") IN THE AMOUNT OF ONE HUNDRED
ONE THOUSAND SIX HUNDRED FORTY (101,640) SQUARE FEET OF
FLOOR AREA AND FIFTY SIX (56) DWELLING UNITS FROM THE TRACT
"B" PORTO BELLAGIO BANK TO JERRY'S FAMOUS DELI, INC., (THE
"APPLICANT"), (TDR2006-04), 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 IS-STORY CONDOMINIUM TOWERS WITH A
TOTAL OF 243-RESIDENTIAL UNITS, ON THE PROPERTY LOCATED AT
17150-17190 COLLINS AVENUE, SUBJECT TO CONDITIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Zoning Resolution No of.-Z-Ibl.adopted on December 14, 2006, JERRY'S
FAMOUS DELI, INC., (the "Applicant") commonly known as "Epicure" for the transfer of
TDRs' in the amount of 101,640 square feet of floor area and 56 dwelling units; and
WHEREAS, by Zoning Resolution No. 2005-784, 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 @81,675 square feet
2) Jerry's Famous Deli, Inc
3) Fort Apache Marina LLC
@101,640 square feet
@34,485 square feet
45 units
56 units
19 units
and;
WHEREAS, Jerry's famous Deli, Inc. now wish to transfer the combined total ofTDRs in
the amount of 101,640 square feet of floor area and 56 dwelling units the sub-accounts of Jerry's
Famous Deli, Inc, 101,640 square feet and 56 dwelling units and to be used in accordance with
Zoning Resolution No.()(.-Z-/()(.: and
WHEREAS, the property receiving the TDRs has the following legal description:
1
Rascal Plaza Lee:al:
That portion of the North 100 feet of the South 300 feet of Lot 2 of
TATUM'S SUBDIVISION, according to the Plat thereof, as recorded in
Plat Book 10, at Page 64, of the Public Records of Miami-Dade County,
Florida, lying West of the Westerly right-of-way line of Florida State
Road AlA, described as follows:
Begin at the intersection of the North line of the North 100 feet of the
South 300 feet of Lot 2 of TATUM'S SUBDIVISION, according to the
Plat thereof, as recorded in Plat Book 10, at Page 64, of the Public
Records of Miami-Dade County, Florida, with the Westerly line of Florida
State Road AlA as shown by Plat recorded in Plat Book 47, at Page 101,
of the Public Records of Miami-Dade County, Florida, said point being
the Southeasterly corner of Lot I of the subdivision of SOUTH SHORES
ESTATES as recorded in Plat Book 52, at Page 69, of the Public Records
of Miami-Dade County, Florida; thence West along the North line of the
North 100 feet of the South 300 feet of Lot 2 of the aforesaid TATUM'S
SUBDIVISION for a distance of 402.15 feet to the S.W, corner of Lot 3
of Said SOUTH SHORE ESTATES subdivision; thence South along the
prolongation South of the Line dividing Lots 3 and 4 of said SOUTH
SHORE ESTATES subdivision for a distance of 100 feet to a point on the
South Line of the North 100 feet of the South line of the North 100 feet of
the South 300 feet of Lot 2 of said TATUM'S SUBDIVISION; thence
East along the South line of the North 100 feet of the South 300 feet of Lot
2 of said TATUM'S SUBDIVISION, for a distance of 392.28 feet to a
point on the Westerly right-of-way line of the aforesaid Florida State Road
AlA; thence Northeasterly along the Westerly right-of-way a distance of
100.48 feet to the Point of Beginning of the parcel of land herein
described.
Rascal House Lee:al:
Lots 1,2, 3, 4 and 5, of SOUTH SHORE ESTATES, according to the Plat
thereof, as recorded in Plat Book 52, Page 69, of the Public Records of
Miami-Dade County, Florida;
And
That portion of the North 100 feet of the South 300 feet of Lot 2, of
TATUM'S OCEAN PARK COMPANY'S SUBDIVISION, according to
the Plat thereof, as recorded in Plat Book 10, Page 64, of the Public
Records of Miami-Dade County, Florida, lying West of the Westerly
right-of-way line of Florida State Road AlA, more particularly described
as follows: Beginning at the intersection of the North line of the North 100
feet of the South 300 feet of Lot 2, of TATUM'S OCEAN PARK
COMPANY'S SUBDIVISION, according to the Plat thereof, as recorded
in Plat Book 10, Page 64, of the Public Records of Miami-Dade County,
2
Florida, with the Westerly right-of-way line of Florida State Road AlA, as
shown by Plat recorded in Plat Book 47, Page 101, of the Public Records
of Miami-Dade County, Florida, said point being the Southeasterly corner
of Lot 1, of the subdivision of SOUTH SHORE ESTATES, as recorded in
Plat Book 52, Page 69, of the Public Records of Miami-Dade County,
Florida; thence West along the North Line of the North 100 feet of the
South 300 feet of Lot 2, of the aforesaid TATUM'S OCEAN PARK
COMPANY'S SUBDIVISION, for a distance of 402.15 feet to the
Southwest corner of Lot 3 of said SOUTH SHORE ESTATES
SUBDIVISION, which point is the Point of Beginning; thence continue
West along North line of the North 100 feet of the South 300 feet of Lot 2
of the aforesaid TATUM'S OCEAN PARK COMPANY'S
SUBDIVISION, for a distance of 200 feet to a point, which point is the
Southwest corner of Lot 5 of said SOUTH SHORE ESTATES
SUBDIVISION; thence South along the prolongation South of the line
diving Lots 5 and 6 of said SOUTH SHORE ESTATES SUBDIVISION
for a distance of 100 feet to a point on the South line of the North 100 feet
of the South 300 feet of Lot 2 of said TATUM'S OCEAN PARK
COMPANY'S SUBDIVISION; thence East along the South line of the
North 100 feet of the South 300 feet of Lot 2 of said TATUM'S OCEAN
PARK COMPANY'S SUBDIVISION, for a distance of 200 feet to a
point, which point is 392.28 feet West ofthe Westerly right-of-way ofthe
aforesaid Florida State Road AlA; thence North along the prolongation
South of the line diving Lots 3 and 4 of said SOUTH SHORE ESTATES
SUBDIVISION, for a distance of 100 feet to the Point of Beginning of the
parcel of land herein described, which point is the Southwest corner of Lot
3 of said SOUTH SHORE ESTATES SUBDIVISION.
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. Incorooration of Recitals, The foregoing recitals are true and correct and are
incorporated herein by reference as ifthey 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.cx..-Z-(D<.. the City Commission
hereby authorizes the transfer of the development rights to Jerry's Famous Deli, Inc., in the
amount of 101,640 square feet and 56 dwelling units from the sub-account owned by Porto
Bellagio Tract "B".
Section 3. Directive to Zoning Administrator. The Zoning Administrator or designee is
hereby directed to transfer the development rights from TDR Bank to Jerry's Famous Deli, Inc,
in accordance with Zoning Resolution No. 6~-Z.~ I tJ(..
3
Section 4. 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 5. 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 Jerry's Famous Deli, Inc., by withdrawing 101,640 square feet and 56 dwelling units,
from, the TDR Bank commonly known as the Porto Bellagio Bank.
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 14th day of December 2006.
,?
;ATTEST:
.','\' L
" ' ~
,,~~", -
, '.Jl!ne A. Hines;. MC, City Clerk
, Ii:" ,
Moved by: C 0)"(\1"'\\ s::l: I Olllf>> IGI-E~II'1S
Second by: (' (\'\IY\m' ~S IOAlf 1L C;;ro~ mill-I{)
VOTE: 6-0
Mayor Norman Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
JLyes
~yes
~es
~es
JLyes
no
_no
no
no
_no
4
J.U13. un..n..u.tt..n,tt. Dl.nn\..V, J.V.lJlU"^\:J'J..J."b' \.1i'.r.
17100 N. BAY ROAD
SUNNY ISLES BEACH, FL 33160
May 30,2006
Jorge Vera, Assistant City Manager
City of Sunny Isles Beach
18070 Collins Ave
Sunny Isles Beach, FI 33160
Re: Transfer of Remaininl!: Porto BeUal!: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 TOR 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 fonnaI request and authorization of the City to transfer the full
remaining amount of 136,125 square feet (and 75 units) of the Tract "B" TOR Bank from
Porto BeIlagio 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 square
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 BIancobging G.P,
Porto BeIlagio Partners, LLC
Dated this 30lh day of May 2006 at Dade County,
~11A~ /)OA~ &7/:
Notary
~;t" SUlln Oolllel
\.; MyCOmmiNlot100305334
.." Expo,.. March 30. aooa
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 ("TORs") in the
amount of 101,640 square feet oftloor area and 56 units and to ALFRED R. CHOUINARD, II
&lor FORT APACHE MARINA, LLC, all of its right, title and interest in transfer of the
development rights ("TORs") in the amount of 34,485 square feet of tloor area and 19 units
(collectively "Assignee"),
Assignor does hereby warrant and represent that it has title to said TORs 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 any of the TORs so transferred is limited in
time to five (5) years from the date of approval of the mRs 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 TORs after said date,
IN WITNESS WHEREOF, this Consent to Transfer is executed this gel day of
/1111 ,2006. ' -
WITNESSES:
PORTO BELLAGIO PARTNERS, LLC,
a Delaware limited liability company
By:
Porto BelIagio Investors, LLC, a Delaware
limited liability company, its manager
/1' ~
)~ ,/;/.
/'SignatUre of itness
/, e:t'1?11 /}IhDl4.~
Print Name of Witness
~Jv.~_ iL.,> /07
Signature ofWi7)S
,-)U~A:Al ~sil.€.-r
Print Name of Witness
By: Bradford-Porto Bellagio Partners, LLC,
a Florida limited liability company,
its~tr:ber ~
By: L
Barbara Bianco, its Manager
M:\REALEST\DAS\Porto Bellapo Fort Apache\Assign TDR l.doc
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RESOLUTION NO. 2005-:1&1
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 COMPL YWITH RESOLUTION N0.2005 -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 TIDNGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE,
WHEREAS, pursuant to a waiver / extinguishment of development rights agreement, Porto
BeIlagio 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 Conunission now wishes to allow the TORs associated with the two (2)
remaining acres related to this Property to be deposited into the TOR 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. Atitborizln!! tbe Transfer. The City Commission hereby authorizes the transfer of,
two (2) acres worth ofttansfer of development rights from the property legally described in Exhibit
"2" to Resolution 2005-7;;6 in the amount of217,800 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 Conunission.
Section 2. Direction of the Plannln!! and Zonin!! Administrator. The Planning and Zoning
Administrator or designee is hereby directed to transfer the development rights from the property to
the TOR Bank.
Section 3. Autbority of tbe City Mana2er. 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,
TOR Transfer 2 Bellagio Resolution
PASSED AND ADOPTED this -L4.l-h day of 0 F 2005.
. '':/ ,;; .
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.', ' ATTEST:::....;.
.\;~:A..L
. )ane'A. Hines,'(;ity Clerk
. ~.: ~.', ".':: .-'
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
M. Dannheisser, City Attorney
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
TOR Transfer 2 Bellagio Resolution
Moved by:
Seconded by:
V(Yes)
~Yes)
L.-(Yes)
XCYes)
3Yes)
2
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TO:
VIA:
FROM:
DATE:
RE:
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
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
(305) 947-0606 City Hall
(305) 949-3 "3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
A. John Sum&, City Manager
HBIII Ottinot, City Attorney
J.... A. BIn.., CMC, City Clerk
MEMORANDUM
The Honorable City Commission
.
A. John Szerlag, City Manager
Jorge L. Vera, Assistant City Manager '--L.
Robert Solera, Community Developmel!fPlrector
December 14, 2006
Transfer of Development Rights for Jerry's Famous Deli, Inc,
RECOMMENDATION:
This resolution is presented for your considemtion.
REASONS:
The applicant, Jeny's Famous Deli, Inc., is requesting a Transfer of Development Rights
in the amount of 101,640 square feet and fIfty six 56 dwelling units to be use in the
proposed development for the property located at 17190 Collins Avenue, An adjustment
shall be made to the TDR sub-accounts owned by Porto BelIagio Partners, LLC.
Funding available:
To b~ co leretl b D utmeat Hurl
Approval:
Agenda Item No.:
Commission Meeting Date: J '1 ..../ 4 ~ 0 ft>
Epicuu: Tdr Memo
To be COlD I~ted" Ci Gerlt'. OJIjce
Finance Department
City MAnager
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
City Manager
Hans Ottinol
City Attorney
Jane A. Hines
City Clerk
18070 Collins Avenue, Sunny Isles Beach, FL 33160
305.947.0606 www.sibfl.net
December 22, 2006
Stephen 1. Helfman, Esq.
Weiss Serota Et. AI.
2665 South Bayshore Drive, Suite 420
Miami, Florida 33133
Re: Resolution No. 06-Z-106 Approving a Zoning Application Submitted by Jerry's
Famous Deli, Inc. (Epicure) (Z2006-06), for Site Plan Approval, Transfer of
Development Rights (TDRs), and a Variance to Reduce Setback Requirements,
Subject to Certain Conditions, for the Property Located at 17150-17190 Collins
Avenue; and Resolution No. 2006-1016 Authorizing Transfer of Development
Rights.
Dear Mr. Helfman:
Enclosed please find a certified copy of Resolution No. 06-Z-1 06, adopted on December
14, 2006 by the City Commission, approving the application submitted by Jerry's
Famous Deli, Inc., (Epicure) Zoning Hearing Z2006-06, for Site Plan approval, TDRs,
and a variance to reduce setback requirements, subject to certain conditions, for the
property located at 17150-17190 Collins Avenue, and Resolution No. 2006-1016
authorizing the Transfer of Development Rights.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
~k~
\
Jane A. Hines, CMC
City Clerk
Enclosures
c: A. John Szerlag, City Manager
Hans Gttinot, City Attorney
Jorge Vera, Assistant City Manager/Service
Douglas Haag, Assistant City Manager/Finance
Elena Del Campillo, Planning and Zoning Technician
Clayton Parker, Building Official! Administrator
Robert Solera, Community Development Director
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Price, Stanley Regalia Transmittal Ltr
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
City Manager
Hans Ottinol
City Attorney
Jane A. Hines
City Clerk
18070 Collins Avenue, Sunny Isles Beach, FL 33160
305.947.0606 wwvv.sibfl.net
December 22, 2006
Stephen 1. Helfman, Esq.
Weiss Serota Et. AI.
2665 South Bayshore Drive, Suite 420
Miami, Florida 33133
Re: Resolution No. 06-Z-106 Approving a Zoning Application Submitted by Jerry's
Famous Deli, Inc. (Epicure) (Z2006-06), for Site Plan Approval, Transfer of
Development Rights (TDRs), and a Variance to Reduce Setback Requirements,
Subject to Certain Conditions, for the Property Located at 17150-17190 Collins
Avenue; and Resolution No. 2006-1016 Authorizing Transfer of Development
Rights.
Dear Mr. Helfman:
Enclosed please find a certified copy of Resolution No. 06-Z-1 06, adopted on December
14, 2006 by the City Commission, approving the application submitted by Jerry's
Famous Deli, Inc., (Epicure) Zoning Hearing Z2006-06, for Site Plan approval, TDRs,
and a variance to reduce setback requirements, subject to certain conditions, for the
property located at 17150-17190 Collins Avenue, and Resolution No. 2006-1016
authorizing the Transfer of Development Rights.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
~A:~
Jane A. Hines, CMC
City Clerk
Enclosures
c: A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jorge Vera, Assistant City Manager/Service
Douglas Haag, Assistant City Manager/Finance
Elena Del Campillo, Planning and Zoning Technician
Clayton Parker, Building Official/Administrator
Robert Solera, Community Development Director
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Price, Stanley Regalia Transminal Ltr