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HomeMy WebLinkAboutReso 2018-2808 RESOLUTION NO. 2018-2A- 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 FORTY SEVEN THOUSAND THREE HUNDRED NINETY NINE (47,399) SQUARE FEET OF FLOOR AREA("FAR") AND ZERO (0) DWELLING UNITS ON AS NEEDED BASIS FOR BALCONY ENCLOSURES TO A3 DEVELOPMENT, LLC A/K/A THE ESTATES AT ACQUALINA FOR THE PROPERTY LOCATED AT 17901 COLLINS AVENUE FROM THE CITY'S TDR BANK ACCOUNT; DIRECTING THE ZONING ADMINISTRATOR OR DESIGNEE TO TRANSFER THE OPTIONAL TDRs FROM THE CITY'S BANK ACCOUNT IN ACCORDANCE WITH ZONING RESOLUTION NO. (oS ; 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.tct•1•16c adopted April 19, 2018, the City Commission approved the zoning application for a modification of an approved site plan submitted by A3 Development, LLC. a/k/a The Estates at Acqualina ("Applicant") for the Transfer of Development Rights ("TDRs") in the amount of Forty Seven Thousand Three Hundred Ninety Nine (47,399) square feet of floor area and Zero (0) dwelling units on as needed basis for balcony enclosures; 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 payment of the TDRs at the time of obtaining the building permit for each balcony enclosure and the payment fee will be calculated depending on the square footage requested at the time of obtaining building permit for each enclosure ; and WHEREAS, the property receiving the TDRs is located at 17901 Collins Avenue, Sunny Isles Beach and is legally described in Zoning Application No. PZ2018-01; 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: A3 Development,LLC a/k/a Estates at Acqualina -City Optional lDR Bank Page 1 of 3 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.(i•Z•(b<the City Commission hereby authorizes the Transfer of Development Rights("TDRs")on as needed basis for balcony enclosures in the amount of Forty Seven Thousand Three Hundred Ninety Nine (47,399) square feet of floor area and Zero (0) dwelling units to A3 Development, LLC. a/k/a The Estates at Acqualina 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 A3 Development, LLC. a/k/a The Estates at Acqualina in accordance with Zoning Resolution No.1%•Z-I c,S Section 4. Authorizing the Adjustment and Modification of TDRs. The Zoning Administrator is hereby authorize to adjust on a case by case basis the City's TDR bank account in an amount not to exceed Forty Seven Thousand Three Hundred Ninety Nine(47,399) square feet of floor area and Twenty Three (23) dwelling units, and the adjustment and modification amount of TDRs will be reflected on each balcony enclosure building permit request. Section 5. Authorizing Payment Agreement of the Transfer of Development Rights. The Applicant shall provide the City with the full payment amount of optional TDRs reflected on each balcony enclosure building permit requested. Each square footage of Optional TDRs shall be valued and paid at $125.00. No balcony enclosure building permits shall be approved after the issuance of Temporary Certificate of Occupancy or Certificate of Occupancy to the project approved under Zoning Resolution No.lq•Z-•lb{adopted April 19, 2018. 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 19`" day of April, 2018. George "B " Scholl, Mayor - Mauricio Beta cur, CMC, City Clerk A3 Development,LLC.a/k/a Estates at Acqualina-City Optional 1'DR Bank Page 2 of 3 APPROVED AS TO FORM AND LEG L SUFFICIENCY: f 4111 H�a' O' inot, C y Attorney Moved by: Cpyllt is&tor 6C_ ILA c r\ Seconded by: kit C.E M kl 6 I 60U>Vt 473 Vote: Mayor Scholl I' (Yes) (No) Vice Mayor Gatto ✓ (Yes) (No) Commissioner Aelion V (Yes) (No) Commissioner Goldman ✓(Yes) (No) Commissioner Svechin / (Yes) (No) A3 Development,LLC a/k/a Estates at Acqualina-City Optional IDR Bank Page 3 of 3 4/12/2018 Item Coversheet SU"�Y'S`E City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 '1.\�- „, (305)947-0606 City Hall •or 5 0P (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Claudia C. Hasbun, Planning and Zoning Director DATE: 4/19/2018 Optional Transfer Development Rights for the Estates at RE: Acqualina 17901 Collins Avenue PZ2018-01 RECOMMENDATION: This Resolution is presented for your consideration. REASONS: Staff has no objection to the TDRs assignment provided that all conditions for the Site Plan are satisfied. The Applicant is requesting to approve the assignment and purchase of Transfer Development Rights (TDRs) in the amount of 47,399 square feet of development rights and 0 dwelling units with an adjustment from the City TDRs bank in the amount of 47,399 square feet and 23 dwelling units. The TDRs will be used for optional enclosure of balcony areas. The City shall consider the acceptance of the appraised land value of $125.00 per square feet.The assignment and payment for the optional TDRs will be on a case by case basis when enclosure of balconies are requested. ATTACHMENTS: Description Resolution Letter of Intent(FINAL). Transfer Development Rights Application Appraisal Executive Summary Report Item Number: 10.F. https://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?Item ID=2328 1/1