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HomeMy WebLinkAboutReso 2017-2748 RESOLUTION NO. 2017- 214 " 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 TWO HUNDRED TWENTY-NINE (229) SQUARE FEET OF FLOOR AREA ("FAR") AND ZERO DWELLING UNITS (0) TO ALEXEY KNYSHOV FOR THE PROPERTY LOCATED AT 17749 COLLINS AVENUE, UNIT 1701 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. fl-i-I(o4; 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. 1"1•Z•I( -adopted October 19, 2017, the City Commission approved the zoning application submitted by Alexey Knyshov ("Applicant") for the transfer of TDRs in the amount of Two Hundred Twenty-Nine (229) 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 Twenty-Eight Thousand Six Hundred Twenty-Five Dollars ($28,625.00) from the Applicant for the payment of Two Hundred Twenty- Nine (229) 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. PZ2017-06; 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. Section 2. Authorizing the Transfer of Development Rights. Pursuant to Section 265-23 of the City Code and in accordance with Zoning Resolution No.1/-7- 1 , the City Commission hereby authorizes the transfer of the development rights in the amount of Two Hundred Twenty-Nine (229)square feet of floor area and Zero(0)dwelling units to Alexey Knyshov from the City's TDR bank account. R2017 Transfer of TDRs to Alexey Knyshov Page 1 of 2 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 Alexey Knyshov in accordance with Zoning Resolution No.11•Z•404. 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 Two Hundred Twenty- Nine (229) 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 Two Thousand Eight Hundred Sixty-Two Dollars ($2,862.00) which is 10%of the approved purchased price of Twenty- Eight Thousand Six Hundred Twenty-Five Dollars ($28,625.00) 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. I'I •Z•I64 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 19th day of O• ober, 20 . George :ud" Scholl, Mayor AT ; DooT:i i ,10 1 ,►✓ • Mauricio Betancur, CMC, City Clerk APPR I VED AS TO FORM AN . I GI,,' 1 4 U FICIENCY: "an rite Attorney Moved by: V t CE- 012-- Cot-twit-pi �11 Seconded by: e0i1AMAISStor1El2 JEek J Vote: Mayor Scholl ' (Yes) (No). Vice Mayor Goldman (Yes) (No) Commissioner Aelion ✓ (Yes) (No) Commissioner Gatto (Yes) (No) Commissioner Svechin —7-(Yes) (No) R2017 Transfer of TDRs to Alexey Knyshov Page 2 of 2