Reso 2005-754 - Laserfiche WebLink

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WHEREAS, staff has reviewed the Application, prepared written findings and recommendations, and advertised the matter for a public hearing in accordance with the notice and hearing requirements required by the LDR's for zoning applications; and WHEREAS, the City Commission, after a public hearing and consideration of the recommendations of staff, has determined, subject to all of the applicable requirements and conditions of the TDR Ordinance, that the proposed sending site is acceptable for use by the City in accordance with the expressed intent ofthe TDR Ordinance, subject to certain additional conditions as set forth herein; and WHEREAS, the applicant acknowledges that upon expiration of5 years from the date ofthe City Commission action approving this transfer, its rights to utilize and/or convey any of the transferred development rights granted hereunder shall expire and become null and void. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Acceptance of Conveyance of Tract "D" Remainder Parcel. That the City accepts the conveyance of approximately 2.417 acres (:i: 105,289 square feet) of real property, legally described as Tract "D" in Exhibit "A" attached and made a part hereof, owned by Porto Bellagio Partners, LLC, a Delaware Limited Liability Company, as park land and the transfer ofthe development rights from the property to the Applicant's account in the TDR Bank in the amount of2.5 F.A.R. (263,222 square feet) and 60 dwelling units per acre (145 dwelling units), in accordance with and subject to all applicable provisions ofthe City Code and Section 265-23 of the City's LDR's related to the Transfer of Development Rights, to be used in accordance with the expressed intent ofthe TDR Ordinance, including, but not limited to the following provisions: Section 265-23.3, entitled "Establishment of Sending and Receiving Sites; TDR's Transferred; Fees," (c)"TDR's Transferred from Privately-Owned Sender Sites," which sets forth provisions for the Application Process, Public Hearing, Conveyance of Privately Owned Sender Sites to City, Development Limitations on Privately Owned Sender Sites and Limitation on use ofTDR's from Approved Sender Sites. (e) "Fees," which provides that applicant shall be responsible for all applicable application fees and consultant fees related to the application review. Section 265-23.4, entitled "Calculations," (c) "Transferable Development Rights from Privately Owned Sender Sites," which, inter alia sets forth the formula for calculating floor area ratio and density on the site based on the existing zoning, and that, notwithstanding anything to the contrary, the property owner tendering the site shall have up to five (5) years from the date ofthe City Commission action approving this transfer to utilize such development rights in accordance with Section 3c(5) of the TDR Ordinance. R2005-Porto Bellagio Conveyance Alternate Page 2 of 5