HomeMy WebLinkAboutReso 2016-2604 RESOLUTION NO. 2016-2,bD1/
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 THREE HUNDRED SIXTY ONE (361) SQUARE
FEET OF FLOOR AREA ("FAR") AND ZERO DWELLING UNITS
(0) TO RUSLAN KRIVORUCHKO FOR THE PROPERTY
LOCATED AT 17749 COLLINS AVENUE PH 4401 AND 4402 FROM
THE CITY'S TDR BANK ACCOUNT; DIRECTING THE ZONING
ADMINISTRATOR OR DESIGNEE TO TRANSFER THE TDRS
FROM THE CITY'S BANK ACCOUNT IN ACCORDANCE WITH
ZONING RESOLUTION NO. Z_�S9 ; AUTHORIZING FOR
THE ADJUSTMENT AND MODIFICATION OF THE CITY'S TDR
BANK; PROVIDING THE CITY MANAGER AND CITY
ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Zoning Resolution No.(( Z�S9adopted September 15, 2016, the City
Commission approved the zoning application submitted by Ruslan Krivoruchko ("Applicant") for
the transfer of TDRs in the amount of Three Hundred Sixty One (361) square feet of floor area and
Zero (0) dwelling units; and
WHEREAS, the Applicant is required to pay a per square foot price of One Hundred
Twenty Five Dollars ($125.00); and
WHEREAS,the City Commission agrees to accept Forty Five Thousand One Hundred and
Twenty Five Dollars ($45,125) from the Applicant for the payment of Three Hundred Sixty One
(361) square feet of floor area and Zero (0) dwelling units of TDRs; and
WHEREAS, the property receiving the TDRS is located at 17749 Collins Avenue, Sunny
Isles Beach and is legally described in Zoning Application No. PZ2016-08; and
WHEREAS, the City Commission wishes to approve the transfer of the TDRs
contemplated herein in accordance with its TDRs 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.
Rusland Krivoruchko a/k/a Mansion at Acqualina-City TDR Bank Page 1 of 3
Section 2. Authorizing the Transfer of Development Rights. Pursuant to Section 265-23 of the
City Code and in accordance with Zoning Resolution No. lloZ-ISithe City Commission hereby
authorizes the transfer of the development rights in the amount of Three Hundred Sixty One (361)
square feet of floor area and Zero (0) dwelling units to Ruslan Krivoruchko from the City's TDR
bank account.
Section 3. Directive to Zoning Administrator. The Zoning Administrator or designee is hereby
directed to transfer the development rights from the City's TDR Bank to Ruslan Krivoruchko in
accordance with Zoning Resolution No. l(,z-►S7
Section 4. Authorizing the Adjustment and Modification of TDRs. The Zoning Administrator
is hereby authorize to adjust by decreasing the City's TDR bank account by Three Hundred Sixty
One (361) square feet of floor area and Zero (0) dwelling units.
Section 5. Authorizing Payment Agreement of the Transfer of Development Rights. The
Applicant shall provide the City with a non-refundable deposit in the amount Four Thousand Five
Hundred and Thirteen Dollars ($4,513.00) which is 10% of the approved purchased price of Forty
Five Thousand One Hundred and Twenty Five Dollars ($45,125.00) within three (3)working days
of the approval of this Resolution. The remainder of the payment is due prior to issuance of the
building permit for the site plan approved in accordance with Zoning Resolution No. IL-7-1S9
Section 6. Authority of the City Manager and City Attorney. The City Manager and City
Attorney are 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 15 day of September, 41P
George ` :ud" Scholl, Mayor
,ATTEST: • -,
Jane A. Hines, City,IClerk, MMC
Rusland Krivoruchko a/k/a Mansion at Acqualina-City TDR Bank Page 2 of 3
APPROVED AS TO FORM
AND - I SUFFICIENCY:
Ar/A
!7'ot, City Attorney
Moved by: i�n,�„a
l .4 .crv�4•�� .0 tt.)
Seconded by: (�y,n„ fsi L. U' , Lie ) 14Q
Vote: S—o
Mayor Scholl .Yes) (No)
Vice Mayor Gatto Yes) (No)
Commissioner Aelion (Yes) (No)
Commissioner Goldman Yes) (No)
Commissioner Levin ✓ (Yes) (No)
Rusland Krivoruchko a/k/a Mansion at Acqualina-City TDR Bank Page 3 of 3
TDR 7011 CH
RECEIVED
City Use Only NNy �S
Date Received ci` •'' `' ` se
A � SEP 2 2016
Date Issued
Resolution =�� 3 1 PLANNING & ZONING DEPT.
%F, Pi* F l.0 i°QS:r City of Sunny Isles Beach,'FL
"7)- OF Sus PLO
APPLICATION FORM
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
Clerk of Court Use Only
I. APPLICANT INFORMATION
NAME Ruslan Krivoruchko
PHONE 773-619-3567 E-MAL rkrivor @dlcresidentialA
ADDRESS 17749 Collins Avenue, Units 4401 &4402
CITY AND STATE Sunny Isles Beach, Florida ZIP CODE 33160
II. RECEIVER SITE INFORMATION AS APPLICABLE
OWNERS NAME Ruslan Krivoruchko
rkrivor @dlcresidential.com
PHONE 773-619-3567 E-MAIL FAX
ADDRESS 17749 Collins Avenue, Units 4401 &4402
CITY AND STATE Sunny Isles Beach, Florida ZIP CODE 33160
PROPERTY ADDRESS/LOCATION Mansions at Acqualina, 17749 Collins Ave, Units 4401 &4402
Sunny Isles Beach, FL
LEGAL DESCRIPTION See Attached
31-2211-083-0400
FOLIO NUMBER31-2211-083-0830 CURRENT ZONING MU-R
PROPERTY SIZE 2.275 acres PURCHASE DATE April 29, 2016
City of Sunny Isles Beach ` SLY Planning and Zoning Department
TDR 2011 CH
EXISTING USE OF PROPERTY • Multi-Family Unit
EXISTING STRUCTURE ON PROPERTY Multi-Family Building
PROPOSED FLOOR AREA RATIO 4.35 • DENSITY 34.7
PERCENTAGE OF RIGHTS TO BE RECEIVED .0011%
SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 361 sq. ft.
•
DWELLING UNITS TO BE RECEIVED 0
TOTAL FLOOR AREA RATIO INCLUDING TDR 4.355
TOTAL DWELLING UNITS INCLUDING TDR 79
III. SENDING SITE INFORMATION
OWNERS NAME City of Sunny Isles Beach
PHONE 305-947-0606 E-MAIL chasbun@sibfl.net . FAX 305-949-3113
ADDRESS 18070 Collins Avenue
CITY AND STATE Sunny Isles Beach, FL ZIP CODE 33160
PROPERTY ADDRESS/LOCATION N/A
LEGAL DESCRIPTION N/A
FOLIO NUMBER N/A CURRENT ZONING N/A
PROPERTY SIZE N/A PURCHASE DATE N/A •
EXISTING USE OF PROPERTY N/A
EXISTING STRUCTURES ON PROPERTY N/A
BASE FLOOR AREA RATIO PERMITTED N/A UNITS PERMI LIED N/A
SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK N/A
DWELLING UNITS TRANFERED TO TDR BANK N/A
City of Sunny Isles Beach — 2 Planning and Zoning Department
TOR 2011 CH
IV. APPRAISAL INFORMATION-AS APPLICABLE[APPRAISER MUST BE
APPROVED BY THE CITY]
NAME N/A
PHONE N/A E-MAIL N/A FAX N/A
ADDRESS N/A
CITY AND STATE N/A ZIP CODE N/A
DATE OF APPRAISAL N/A •
APPRAISAL VALUE OF SITE N/A
V. TITLE COMPANY INFORMATION AS APPLICABLE [TITLE COMPANY MUST
BE APPROVED BY CITY]
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 N/A
ADDRESS N/A
PHONE N/A E-MAIL N/A FAX N/A
VI. SURVEY COMPANY INFORMATION
NAME OF SURVEYOR
ADDRESS N/A
PHONE N/A E-MAIL N/A FAX N/A
VII. PROPERTY OWNER CERTIFICATION
NAME OF COMPANY
ADDRESS N/A
PHONE N/A E-MAIL N/A FAX N/A
VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE
City of Sunny Isles Beach 3 Planning and Zoning Department
•
TOR 2011 CH
(PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR)
IX. CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING
ADJACENT LOTS
X.PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGEMENT
I HEREBY CERTIFY THAT
l) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHEMNTS
ARE 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
AAPROVED BY THE CITY MANAGER. THE REMOVAL OF STRUCTURES FROM THE
SITE SHALL BE AT NO COST TO THE CITY.
5) I HEREBY ACKNOWLEDGE AND AGREE THAT, AT THE EXPIRATION OF THE FIVE
YEAR PERIOD COMMENCING WITH THE DATE OF THE CITY COMMISSION
APPROVAL OF THE PROPERTY AS A SENDER SITE, ANY UNUSED DEVELOPEMNT
RIGHTS TRANSFERRED FROM THE SENDER SITE SHALL EXPIRE,TERMINATE AND
BECOME EXTINGUISHED AND UNUSABLE.
,per p el, 6I— I �
f`~ SIGNATURE OF OWNER(APPLICANT) DATE
SIGNATURE OF CO-OWNER(CO-APPLICANT) DATE
_ _ _STATE OF FLORIDA J
City of Sunny Isles Beach 4 Planning and Zoning Department
MR20I1CII -
COUNTY OF MIAMI-DADE
TAe foregoing instrument was acknowledged before me this I day of ,
tVr1f@� 2p1F; by Ruslan Krivoruchko on behalf of himself
,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: 1.AJI 0460
.otary Publ. tate of Florida
F iY P1'6 REBECCA S.FESSOLANO
MY
x SSAN I 053149
*V7:% EMUS:September 10,2017 Print Name:.
ahg-eM • 1.S6(i1A"f 0
8orded Thru Budget Notary Sank a
•
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 , 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
produced and did take an oath.
My Commission Expires:
Notary Public, State of Florida at Large
Print Name:
City of Sunny Isles Beach 5 Planning and Zoning Department
,
l EGAL DESCRIPTION
LOT 3 All that portion of Tracts "A" and "B." of the`subdivision of GULF-STREAM PARK, according to the
Plat thereof, recorded in Plat Book 35 at Page 51 of the Public Records of Dade County, Florida, and that
portion of Collins Avenue shown on said Plat of GULF STREAM PARK which was vacated by plat of
"Ocean Boulevard - State Road 140, GOLDEN BEACH - SUNNY ISLES as recorded in Plat Book 44 at Page
2 of-the-Public Records of'Dade County, Florida, said above-described property being contained in the
South 500 feet of Tract 5 of TATUM'S OCEAN PARK SUBDIVISION of Government Lot 6, Section 2,
Township_52 South, Range 42 East, and Government Lots 1, 2, 4.and portions of Government Lots 5 and
6, Section 11, Township 52 South, Range 42 East, as shown by Plat thereof, recorded in Plat Book 10 at
Page 64 of the Public Records of Dade County, Florida, and more particularly described as follows, to wit:
That portion of the South 100 feet of Tract 5 of TATUM'S OCEAN PARK-SUBDIVISION of Government Lot
6, Section 2, Township 52 South, Range 42 East and Government Lots 1, 2, 4 and portions of
Government Lots 5 and 6, Section 11, Township 52 South, Range 42 East, as recorded in Plat Book 10 at
Page 64 of the Public Records of Dade County, Florida, measured at right angles to the South line of said
Tract 5, lying between the East right-of-way of State Road A-1-A.as shown by Plat thereof, recorded in
Plat Book 45 at Page 39 of the Public Records of'Dade County, Florida, and the high water line of the
Atlantic Ocean. AND All that portion of Tract 4 of TATUM'S OCEAN PARK SUBDIVISION of Government
Lot 6, Section 2, Township 52 South, Range 42 East, and Government Lots 1, 2, 4 and portions of
Government Lots 5 and 6, Section 11, Township 52 South, Range 42 East, as recorded in Plat Book 10 at
Page 64 of the Public Records of Dade County, Florida, more particularly described as follows, to wit:
That portion of the North 100 feet of Tract 4;measured at right angles to the North line of said Tract 4,
of TATUM'S OCEAN PARK SUBDIVISION of Government Lot 6, Section 2, Township 52 South, Range 42
East, and Government Lots 1, 2, 4 and portions of Government Lots 5 and 6, Section 11, Township 52
South, Range 42 East, as recorded in Plat Book 10 at Page 64 of the Public Records of Dade County,
Florida, lying between the East right-of-way line of State Road A-1-A as shown by Plat thereof recorded
in Plat Book 45 at Page 39 of the Public Records of Dade County, Florida, and the high water line of the
Atlantic Ocean.
So" =cF City of Sunny Isles Beach
r
,:,,,,/,. - ,y 18070 Collins Avenue
" L.- _ ); Sunny Isles Beach, Florida 33160
`9, Ft.(. .9 ,,4' (305)947-0606 City Hall
C't°or s' '''.c. (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Claudia Hasbun, Planning and Zoning Director
DATE: 9/15/2016
Mansions at Acqualina-Transfer Development Rights
Application
RE: Ruslan Krivoruchko ("Applicant")
17749 Collins Avenue
Appl. No. PZ2016-08
RECOMMENDATION:
Staff has no objection to the TDRs assignment provided that all
conditions for the Site Plan are satisfied.
REASONS:
The Applicant is requesting to approve the assignment of Transfer
Development Rights (TDRs) in the amount of 361 square feet of
development rights and 0 dwelling units with an adjustment from the
City TDRs bank in the amount of 361 square feet and 0 dwelling units.
The City shall consider the acceptance of the appraised land value of
$125.00 per square feet, for a total of $45,125.00 for the TDR's
purchase. The Applicant shall provide the City with a non-refundable
deposit in the amount of ten percent (10%) of the approved purchased
price. The total amount of the deposit is $4,513.00. The deposit is
required within the three (3) working days of approval of the Transfer
Development Rights (TDRs)application.
ATTACHMENTS:
627
Description
Resolution
TDR Application
Item Number: 10.AA.
628