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
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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
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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)