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HomeMy WebLinkAboutReso 2017-2761 RESOLUTION NO. 2017- 2- 1 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING RESOLUTION NO. 2013-2052 TO RESCIND THE ELIMINATION OF THE CONDITIONAL GRANT OF TDRS IN THE AMOUNT OF FIFTEEN THOUSAND (15,000) SQUARE FEET OF FLOOR AREA AND SEVEN UNITS (7) FOR THE PROPERTY LOCATED AT 18555 COLLINS AVENUE COMMONLY KNOWN AS THE PORSCHE DESIGN PROJECT; REQUIRING PAYMENT FOR THE CONDITIONAL GRANT OF TDRS AT THE TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY; DIRECTING THE ZONING ADMINISTRATOR OR DESIGNEE FOR THE ADJUSTMENT AND MODIFICATION OF THE CITY'S TDRS BANK ACCOUNT; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO. EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Zoning Resolution No.11-Z-123, adopted November 17, 2011, the City Commission approved the zoning application submitted by Gilco Realty, L.C. a/k/a 18555 Developers, LLC, ("Applicant"); for the project known as Porsche Design ("Project"); and WHEREAS, the City Commission further approved a TDRs application under Zoning Resolution No. 11-Z-123, requesting the use of One Hundred Fifteen Thousand Four Hundred Eighty Five (115,485) square feet of floor area and Sixty One (61) dwelling units; and WHEREAS, the Applicant is only using One Hundred Thirteen Thousand Nine Hundred Forty Six (113,946) square feet of floor area and Sixty (60) dwelling units and the Applicant is seeking to deposit the unused TDRs for the Project in the amount of One Thousand Five Hundred Thirty Nine (1,539) square feet of Floor Area Ratio (FAR) and one (1) dwelling unit into a TDRs sub-account in favor of the Applicant; and WHEREAS, the Zoning Resolution No. 11-Z-123 was amended by the City Commission via Zoning Resolution No. 12-Z-129 adopted May 10, 2012 and the Applicant received conditional approval to use Fifteen Thousand (15,000) square feet of TDRs and seven (7) dwelling units ("Conditional TDRs") for the Project; and WHEREAS, by Resolution No. 2013-2052, adopted on April 18, 2013, the Applicant requested the elimination of the conditional TDRs and is now requesting the reallocation of the conditional TDRs for the Porsche Design Project; and WHEREAS, the City Commission wishes to reallocate the conditional TDRs to the Porsche Design Project for use until the issuance of the Certificate of Occupancy. Reallocation of the Grant of TDRs Porsche Design Page 1 of 3 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 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. Amending Resolution No. 2013-2052. The City Commission hereby rescinds the elimination of the conditional grant of TDRs in the amount of 15,000 square feet of floor area and 7 dwelling units and authorizes the reallocation of the conditional TDRs to the Porsche Design Project. Section 3. Payment for Conditional TDRs. Payment of the conditional TDRs must be provided to the City no later than issuance of the Certificate of Occupancy of the Porsche Design Project. If payment is not received, the use of the TDRs is forfeited. Section 4. Directive to Zoning Administrator. The City's Zoning Administrator or designee is hereby directed to adjust the TDR Bank Account to reflect the elimination of the conditional grant of the TDRs discussed herein. Section 5. Authority of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 6. Effective Date. This Resolution shall become effectiv pon .•option. PASSED AND ADOPTED this 21 qday of December, 17. George Scholl, Mayor , • s'. •ATT ST ; , • T -L 1 , 1 t ,i \` �' 'a._ _ r62 . Mauricio .titan ur, City Clerk APPROVED ;S TO FORM AND L• L J�11 FICIENCY: I. •VA HIs/0 n•t, City Attorney Reallocation of the Grant of TDRs Porsche Design Page 2 of 3 Moved by: J ICe VI O(2— 4101 :)Wt14fI Seconded by: ii Seconded 0 fw-- 4110 Vote: Mayor Scholl J(Yes) (No) Vice Mayor Goldman (Yes) (No) Commissioner Aelion V'(Yes) (No) Commissioner Gatto I (Yes) (No) Commissioner Svechin (Yes) (No) Reallocation of the Grant of TDRs Porsche Design Page 3 of 3 12/15/2017 Item Coversheet atsJ14N '`�rA City of Sunny Isles Beach T, 18070 Collins Avenue Z Sunny Isles Beach, Florida 33160 S' ➢y", `o P,Or y4e (305)947-0606 City Hall r;O SIO‘,.''° (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Claudia Hasbun, Planning&Zoning Director DATE: 12/21/2017 RE: Amending Resolution No. 2013-2052 to Permit the Reallocation of Conditional TDRs to Porsche Design RECOMMENDATION: This Resolution is presented for your consideration. REASONS: Similar to Mansions of Acqualina, unit owners within the Porsche Design Project are seeking to enclose certain areas within their units for personal use. The enclosure of such areas require the need for additional floor area. By requesting the approval of this Resolution, Staff is requesting the reallocation of the conditional grant of 15,000 TDRs and 7 dwelling units that was previously approved under Resolution Nos. 11-Z-123 and 12-Z-129. The developer of the Porsche Design Project is required to make full payment for the • conditional TDRs at the time of issuance of Certificate of Occupancy. If payment is not received, the right to use the conditional TDRs is forfeited. ATTACHMENTS: Description Resolution Porsche reallocation request Item Number: 10.C. https://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=2254 1/1