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HomeMy WebLinkAboutReso 2005-754 RESOLUTION NO. 2005-7 5 '-I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ACCEPTING THE CONVEYANCE OF APPROXIMATELY 2.417 ACRES OF REAL PROPERTY, LEGALLY DESCRIBED IN EXHIBIT "A", OWNED BY PORTO BELLAGIO PARTNERS, LLC, IN ACCORDANCE WITH AND SUBJECT TO ALL OF THE APPLICABLE PROVISIONS OF THE CITY CODE AND SECTION 265-23 OF THE CITY'S LAND DEVELOPMENT REGULATIONS ("LDR's") RELATING TO TRANSFERS OF DEVELOPMENT RIGHTS ("TDR's"), INCLUDING BUT NOT LIMITED TO SECTIONS 265-23.3 (c) AND (e) AND SECTION 265-23.4(c);FURTHER IMPOSING CERTAIN CONDITIONS PRIOR TO THE CITY'S ACCEPTANCE OF THE PROPERTY AND SEVERANCE OF THE TDR'S; FURTHER AUTHORIZING THE MAYOR TO EXECUTE SUCH OTHER DOCUMENTS AND AGREEMENTS AS MAY BE DETERMINED BY THE CITY ATTORNEY TO BE NECESSARY TO CONSUMMATE THE CONVEYANCE OF THE PROPERTY TO THE CITY, SEVER DEVELOPMENT RIGHTS FROM THE PROPERTY AND DEPOSIT SAME TO THE CREDIT OF THE APPLICANT IN THE TDR BANK, SUBSEQUENT WITHDRAWAL OF SAID DEVELOPMENT RIGHTS AT THE REQUEST OF AND FOR THE BENEFIT OF THE APPLICANT DURING THE FIVE YEAR PERIOD COMMENCING WITH THE PASSAGE OF THIS RESOLUTION, AND RECORDATION OF DOCUMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 265-23 of the City's Land Development Regulations ("LDR's") (the "TDR Ordinance") provides for the transfer of development rights from a sender site to a receiver site, in accordance with the provisions set forth therein; and WHEREAS, the TDR Ordinance provides that any property in the City, upon the approval of the City Commission, in its sole discretion, after a public hearing, may be eligible as a sending site, subject to the terms, conditions and limitations ofthis Ordinance; and WHEREAS, ifthe Public Enhancement Bonus under the TDR Ordinance (which provides that certain properties may be dedicated to and accepted by the City with a grant ofTDR's to the applicant of80 dwelling units per acre and a 3.75 F.A.R.) is not utilized, anyTDR's granted shall be calculated based on the underlining zoning; and WHEREAS, Porto Bellagio partners, LLC ("Applicant"), pursuant to the provisions of the TDR Ordinance relating to the transfer of such properties to the City, has submitted a complete application to the City requesting approval of conveyance ofthe property legally described in Exhibit "A", as referred to in this Resolution as "Tract 'D'" remainder parcel, owned by Porto Bellagio Partners, LLC, and the transfer of the development rights from the property to the TDR Bank; and R2005.Porto Bel1agio Conveyance Alternate Page I of5 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 Section 2. Conditions for said Acceptance. Acceptance of said conveyance is further conditioned upon the following: (1) Applicant shall indemnify, protect and hold the City harmless from any actions or claims filed against the City as a result or arising from the approval ofthe property or the transfer of the development rights to the TDR Bank, including, without limitation, providing an executed environmental indemnity and hold harmless agreement in a form and substance reasonably acceptable to the City Attorney; (2) Applicant shall deliver to the City good, marketable and insurable title, free and clear of all liens and encumbrances, unless any of the items are waived in writing by the City Attorney and the City Manager, and an acceptable title policy; (3) Applicant shall deliver prior to the closing an executed easement agreement for the access easement over, under, through a portion of Tracts "A" and "D" to the water point; (4) The Special Warranty Deed conveying the property to the City shall be recorded in the Public Records of Miami-Dade County, Florida, prior to the transfer of development rights from the property to the TDR Bank which transfer shall occur immediately thereafter; and subject to compliance with the following closing procedures: (a) closing shall occur on or before 30 days from January 13, 2005, unless otherwise extended by the City Attorney; (b) prior to closing, Applicant shall submit an up to date survey of the property certified to the City dated subsequent to January 13, 2005, which shall be further updated, if necessary so that the City shall have a certified survey dated no later than 30 days prior to the recording ofthe Deed; encroachments, or easements on the property disclosed by the survey shall constitute title defects unless waived by the City Attorney; (c) Applicant shall provide: certification from City that no outstanding code violations or open permits exist in connection with the property; a Certificate of Resolutions and Agreements from Miami-Dade County on the property and immediately adjacent properties; applicable corporate documents as required by, and in a form satisfactory to, the City Attorney; a statement as to any unrecorded obligations or easements; an executed No Lien Affidavit and a Non-Foreign Affidavit; and any other documents reasonably necessary or advisable to comply with existing statutory and code provisions; evidence that taxes, assessments, water and sewer charges, waste fee and fire protection charges, if applicable, have been paid in full to the date of the closing, or provision for sufficient escrow to assure payment thereof when due; (d) Applicant shall prepare and provide all closing documents, in a form acceptable to the City Attorney; and (4) After closing, Applicant shall deliver to City the Title Insurance Policy insuring, at minimum, that amount of the value reflected by the Miami-Dade County Property Appraiser's Office for tax purposes; (5) Execution by Applicant and City of any other documents as deemed reasonably appropriate by the City Attorney or the Applicant in order to effectuate the transfer of the property to the City and for the City to evidence the transfer ofthe above-noted TDR's to the Applicant's account in the TDR Bank. Any disagreement between the parties regarding the reasonableness of the request for such documents shall be determined by the City Commission; (6) The Applicant, as owner of Tract "B" of RK Marina Apartments, according to Plat Book 157, Page 70, Public Records of Miami-Dade County, Florida, agrees to sever and extinguish all but 4.56 acres of density and intensity of Tract "B". Section 3. Mayor Authorized to Execute. The Mayor is hereby authorized to execute such other documents and agreements as may be determined by the City Attorney to be necessary to consummate the conveyance ofthe property to the City, sever the development rights from the property and deposit them to the credit of the Applicant in the City TDR Bank and subsequent withdrawal(s) of those development rights from the TDR Bank at the request of and for the benefit of the Applicant and during the five year term commencing with the date ofthe passage ofthis Resolution, in accordance with the provisions ofthe TDR Ordinance and in a form acceptable to the City Attorney; and further, the Mayor R200S-Porto Bellagio Conveyance Alternate.Doc Page 3 of 5 is authorized to take whatever action is required to effectuate the intent of this approval in accordance with the provisions of the TDR Ordinance. Section 4. Effective Date. This Resolution is effective upon adoption. PASSED AND ADOPTED this 13th day of January 2005. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vote: 5-0 Moved by: (Y\A-YOR. ~t.L~U e- Seconded byCb~~l ~ ~ l o.u ~ J:6L ct:s:1 ft S Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias v (Yes) V '(Yes) V(Yes) V (Yes) E(Yes) _(No) _(No) _(No) _(No) _(No) R2005-Porto Bellagio Conveyance Alternate Page 4 of 5 Exhibit "A" Legal Description Tract "D" ofRK Marina Apartments, Plat Book 157, Page 70, less. at portion of said Tract "D" being more particular described as folIo s: Commence at the Northeast comer of Lot 19 of SOUT SHORE ESTATES as recorded in Plat Book 52 at Page 69 of the Pub c Records of Miami-Dade County, Florida, the following (10) ten cou es being along the exterior boundary of said Tract "D"; 1) thence N 90' '00' W along the North line of said Lot 19 for 100.00 feet to the North\v. st comer of said Lot 19; 2) thence S 71 '35'52 W for 15.37 feet to the oint of Beginning: 3) thence continue S 71 '35'52' W for 24.79 feet; 4) ence N 57'55'43' W for 38.59 feet; 5) thence N 57'29' 11 ' W for 53.41 et; 6) thence N 75' 51 '27' W for 54.54 feet; 7) thence N 37' 17'58' for 6.69 feet; 8) thence N 13'57'37' W for 10.64 feet; 9) thence N 0'00'00' E for 4.31 feet; 10) thence N 54'09'50' E for 83.72 feet t a point on a non-tangent curve concaved to the southwest having radius of 160,000 feet and chord bearing ofS 42'55'24' E; thence S theasterly along the arc of said curve loading to the right through a ce ral angle of 41 ' 40' 54' for a distance of 116.40 feet to the Point of Be . ning. 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