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HomeMy WebLinkAboutReso 2018-2845 RESOLUTION NO. 2018- 244-5- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,AMENDING CONDITION NO. 22 OF RESOLUTION NO. 17-Z-161 TO CLARIFY THAT WORKFORCE HOUSING UNITS SHALL BE AVAILABLE FOR A TERM OF THIRTY (30) YEARS FROM THE DATE OF CERTIFICATE OF OCCUPANCY ISSUED FOR THE FIRST APARTMENT TOWER; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Zoning Resolution No.17-Z-161, adopted February 16, 2017, the City Commission approved the a site plan application submitted by Century Towers Associates, LLP, ("Applicant") for two rental apartment towers, a parking garage and a remodeled existing tower at 100-300 Kings Point Drive, Sunny Isles Beach, Florida (Folio Nos. 31-2214-010-0060; 31-2214- 013-0010; 31-2214-008-0080); and WHEREAS, Condition No. 22 of Resolution No. 17-Z-161 requires provision of thirty five (35) workforce housing dwelling units within the remodeled apartment tower by the Applicant in perpetuity; and WHEREAS, the City Commission wishes to amend Condition No. 22 of Resolution No. 17-Z-161 to clarify that the workforce housing units shall be made available for a term of thirty (30) years from the date of Certificate of Occupancy issued for the first new apartment tower. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Amending Condition No. 22 of Resolution No. 17-Z-161. The City Commission hereby amends Condition No. 22 of Resolution No. 17-Z-161 clarifying that thirty five (35) workforce housing units within the remodeled apartment tower shall be available for a term of thirty(30) years from the date of Certificate of Occupancy issued for the first new apartment tower constructed for the project located at 100-300 Kings Point Drive, Sunny Isles Beach, Florida(Folio Nos. 31-2214-010-0060; 31-2214-013-0010; 31-2214-008-0080). Section 2. Authority of the City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this (qday of July, 2018. Amending Condition No.22 of Resolution No. 17-Z-161 • Page 1 of 2 1 f George H. Scholl, Mayor . ATT: T: 1 ', S 1iir': .Mauri io Bet. cur, CMC, City Clerk j ti tq�' APPROVED : 71 ORM AND LE t • ,/S `I IENCY: 7ffr Hans i ttin.lrity Attorney Moved by: Co►Mcrota lorJ6g- 4 L,O,3 Seconded by: U I tC 14.16, (tot._ v l Vote: Mayor Scholl (Yes) (No) Vice Mayor Goldman (Yes) (N ) Yes o Commissioner Aelion (Yes) (No) Commissioner Gatto ✓ (Yes) (No) Commissioner Svechin ,� (Yes) (No) Amending Condition No.22 of Resolution No. 17-Z-161 Page 2 of 2 1 1 akerman Neisen O.Kasdin Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami,FL 33131 T:305 374 5600 F:305 374 5095 June 28, 2018 Claudia Hasbun Planning & Zoning Administrator City of Sunny Isles Beach 18070 Collins Ave., 3FL Sunny Isles Beach, FL 33160 Re: Request to Appear before City Commission to clarify proffer relating to Resolution No. 17-Z-161. Dear Ms. Hasbun: Our firm represents Century Towers Associates, LLP ("Owner"), the owner of the parcels located at 100 Kings Point Drive, 15920 Collins Avenue, and the parcel directly to the east (collectively the "Property")1, in the city of Sunny Isles Beach ("City"). On February 16th, 2017, the City Commission adopted Resolution No. 17-Z-161 (the "Resolution") approving Owner's site plan for construction of an apartment complex at the Property (the "Project"). During its presentation at the February, 2017 Commission Meeting, Owner's counsel made several proffers, one of which related to contribution of workforce housing units for a term of thirty years, consistent with the City's Workforce Housing Ordinance. The Resolution contains language inconsistent with that proffer. Owner requests to appear before the City Commission on the next available agenda to clarify the proffer and seek interpretation to ensure that the Resolution is consistent with the City Code and intent of the parties. Sincerely, 4KI�R , LLP 7 $ 1 Neise,n 0. Kasdin cc: Hans Ottinot, City Attorney Wesley Hevia, Esq. 'The folio numbers are as follows: 31-2214-010-0060; 31-2214-013-0010;and 31-2214-008-0080. akerman.com 45638457;1 City of Sunny-isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 r ._. . ,./ (305)947-0606 City Hall 'Tr vF sK (305)949-3113 Fax . MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: . Claudia Hasbun, Planning and Zoning Director DATE: 7/19/2018 RE: . Amending Condition No. 22 in Resolution No. 17-Z-161 RECOMMENDATION: This Resolution is presented for your consideration and approval. REASONS: By Resolution No. 17-Z-161, adopted February 16, 2017, the City Commission approved a site plan application filed by Century Towers Associates, LLP, commonly known as Marina Del Mar(the"Applicant"). In approving the site plan, the City Commission granted conditional approval for two rental apartment towers, consisting of 127 dwelling units in each tower, a parking garage of 860 parking spaces, and a remodeled existing tower with 335 dwelling units. Condition No. 22 of Resolution No. 17-Z-161 requires the Applicant to provide thirty five (35) workforce housing dwelling units within the remodeled apartment tower based on a proffer made by the Applicant. Staff had understood that the proffer was made to provide the Workforcehousing in perpetuity. However, the Applicant has indicated that they had agreed to provide the workforce housing for a 30 year period. Consequently, Condition No. 22 needs.to be revised.to reflect the 30 year period. ATTACHMENTS: - �a Description 59