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RESOLUTION 88-19163 RESOLUTION NO. 88-19163 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS, APPROVAL OF APPLICATION, AND ISSUANCE OF PERMIT PURSUANT TO SECTION 12-6H OF ZONING ORDINANCE 1891 . (MIAMI BEACH MARINA CORE PROPERTY) WHEREAS, the City of Miami Beach, Florida ( the "City" ) , the Miami Beach Redevelopment Agency ( the "Agency" ) and South Shore Developers, Inc. ( "SSDI" ) are parties to that certain Development Agreement, dated April 17 , 1986 ( the "Development Agreement" ) providing for the development of certain real property located in the southern portion of Miami Beach, all as more particularly described on Exhibit A attached hereto ( the "Property" ) ; and WHEREAS, the Development Agreement provides for the transfer of 174, 388 square feet of unused floor area to certain portions of the Property more particularly described on Exhibit B attached hereto from Lots 27 , 28 and 29 and portions of Lots 25 and 26 of the Marina Parcel (as defined in the Development Agreement ) all as more particularly described on Sheet 1 of the boundary and topographic survey prepared by James Beadman & Associates, dated June 12, 1985 and revised September 25, 1985; and WHEREAS, the Concept Plan (as more fully described on Exhibit E to the Development Agreement) providing for a plan of development of the Property has been submitted to, and approved by, the City; and WHEREAS, the Development Agreement has been submitted to, and approved by, the City; and WHEREAS, the Development Agreement was recorded in the Official Records of Dade County, Florida on April 30 , 1986 at Off . Rec. 12873 pg. 2731; and WHEREAS , pursuant to that certain Contract of Sale, dated July 24 , 1985, as amended by Amendment of Contract of Sale, dated April 17 , 1986, among the City, the Agency and SSDI , SSDI is the contract vendee of the Property; and 1 WHEREAS, the Agency is the fee owner of the Property, which is located in a CPS-4 district; and WHEREAS, pursuant to Section 12 , Subsection 12-6 of the Zoning Ordinance No. 1891 of the City and the regulations promulgated thereunder ( the "Ordinance" ) the City and the owners of lots located in a CPS-4 district are to make application for a permit authorizing the transfer of unused floor area to adjoining property located in a CPS-4 district ( the "Permit" ) ; and WHEREAS, SSDI has requested that the City and Agency make application for the Permit in accordance with the terms of the Development Agreement and the City and the Agency have agreed to make such application. NOW THEREFORE, in consideration of the foregoing the City and the Agency hereby agree as follows: 1 . The City and the Agency hereby make application for the Permit authorizing and effectuating the transfer of 174 , 388 square feet of unused floor area from the Marina Parcel to the portions of the Property described on Exhibit B attached hereto. 2 . The City hereby acknowledges and agrees that the requirements of Section 12-6H (B) ( 3 ) of the Ordinance have been satisfied by approval of the Concept Plan by the City. 3 . The City hereby acknowledges and agrees that the requirement of Section 12-6H (B) ( 4) and ( 5 ) have been satisfied by the terms and conditions of the Development Agreement . 4 . The City hereby acknowledges that the requirements of Section 12-6H(C) and (D) of the Ordinance have been satisfied by the approval of the Development Agreement by the City and the recordation of the Development Agreement . 5 . The City hereby authorizes the issuance of the Permit authorizing and effectuating the transfer of 174, 388 square feet of unused floor area from the Marina Parcel to the Property described in Exhibit B attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the application for transfer of development rights , approval of application transferring 2 Ixhibit A South Parcel (Phases I and II) Lots 1 through i4, inclusive, is BlockOCZA$111 . of SUCH ADDITION M0. 3. according to the P1st thereof as recorded in flat took =, Page 11 , in the Public Records of Dade County, Florida, together with the accretions thereto; ALSO; That Part of Biscayne Street (also known as Piscayne Avenue) as shown on said plat of OCEAN BEACH FLORIDA ADDITION N0. 3 , lying westerly of the southerly projection of the west Right of Way line of Jefferson Avenue as shown on said Plat and being bounded on the west by Biscayne Bay, together with the accretions thereto; ALSO; All that part of the North 132 . 0' of Section 10, Township 54 South, Range 42 East , described as: Beginning at at a point on the Northern boundary of said Section 10, which is intersected by the Easterly boundary of Jefferson Avenue extended Southerly across Biscayne Street as a point or place of beginning : thence Southerly continuing the Easterly boundary of Jefferson Avenue extended for a distance of - 132 . 0 ' to a point ; thence westerly 208 . 1 ' more or less along a line parallel to and 132 . 0 ' Southerly from the Northern line of said Section 10 to Biscayne Bay; thence Northwesterly meandering* the Bay to the intersection of the Northern line of Section 10; thence Easterly along the Northern line of Section 10, 285 . 0 ' more or less to the point or place of beginning (the Northerly boundary of said Section 10 being common with the Southerly boundary of Biscayne Street) ; Also described as : All of that part of the North 132 . 0 ' of Section 10 Township 54 South, Range 42 East, known as Tract A or the Smith Company Bay Front Tract , more particularly described as follows to wit : Bounded on the North by the Northern line of said Section 10; bounded on the East by the East line of Jefferson Avenue extended; bounded on the South by a line parallel to and distant 132 . 0 ' South of the Northern line of said Section 10, and bounded on the West by Biscayne Bay, together with the accretions thereto . • Ishibit t Worth Peresi (Phas.s UI and IV) Lots 30 through 42 inclusive, is Nock 111, of COW. SIAMFLORIDA ADDITION N0. 3, according to the Plat thereof. mordid in flat look 3, Page ti, of tho tublia Reaord• of a•a• county, rlociea, together with the accretions thereto; ALSO; Lots 43. 44. 43. 46, 47, OA. 491, and SOC of DADE COUNTY PROPERTY, according to the play thereof, recorded in flat took 14 , Pagi 70, of the public Records of Dade County, Florida, together with the accretions thereto. 174, 388 square feet of unused floor area from the aforementioned Marina Parcel to property described in Exhibit B attached hereto, and issuance of permit pursuant to Section 12-6H of Zoning Ordinance 1891 are hereby approved. PASSED and ADOPTED this 17th day of February , 1988 . •441401 AYOR Attest : 76-(11-14/ Lit ijdak City Clerk FORM APPROVED LEGAL DEPARTMENT: 4411 .ItAttiA4 Lj Date: a•1'�•F� MLB/rlw 3 OFFICE OF THE CITY ATTORNEY 94,Awn/ evazd F L O R 1 D A PM 8E, ARNOLD M. WEINER (4"°" TD#' P.O.BIN 190000 CITY ATTORNEY 912 MIAMI BEACH,FLORIDA 33119 .,,H26_ TELEPHONE: 673-7470 COMMISSION MEMORANDUM 14.77-8b FEBRUARY 11 , 1988 TO: Mayor Alex Daoud • d Members of th- City Col. i- ion FROM: Rob W. P a r k i . :OP� City Manager SUBJECT: TRANSFER DEVELOPME T RIGHTS FROM THE MIAMI BEACH MARINA CORE BUILDING PROPERTY TO THE UPLAND MARINA PROPERTY. THE REQUEST The Administration requests the City Commission approve the attached Resolution which transfers development rights from the Miami Beach Marina Core Building property to the Upland Marina property. BACKGROUND On April 17 , 1986 , an agreement was executed by the City and South Shore Development Incorporated ( SSDI ) for the development of the Upland Marina property. The agreement provided for the transfer of 174, 388 square feet of unused floor area from the Marina Core Building property to the Upland Marina parcel . This Resolution approves the transfer of development rights as agreed to by the City and as provided for in Section 12-6H of Zoning Ordinance 1891 . The conditions of the ordinance have been complied with, in that the City has approved the concept plan and the Development Agreement ( recorded in Official Records of Dade County) . The City Attorney' s office has reviewed and approved the documents as required by the Zoning Ordinance. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the attached Resolution. JK/MLB/rlw AGENDA 4- Q. ITEM DATE /Z, 11SS OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 88-19163 (Providing for application for transfer of development rights, approval of appli- cation, and issuance of permit pursuant to section 12-6H of Zoning Ord. No. 1891. (Miami Beach Marina Core Property)