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Home My WebLink AboutReso 2013-2052RESOLUTION NO. 2013- 2,Q52. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ZONING RESOLUTION NO. 11 -Z -123 TO CREATE A PRIVATE SUB - ACCOUNT IN THE TDR BANK FOR UNUSED TRANSFER OF DEVELOPMENT RIGHTS ( "TDRS ") IN THE AMOUNT OF ONE THOUSAND FIVE HUNDRED THIRTY NINE SQUARE FEET (1,539) AND ONE (1) UNIT;AMENDING RESOLUTION NO. 12 -Z- 129 TO ELIMINATE 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; 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 (6 1) 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 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 traits for the Project; and WHEREAS, the Applicant has requested the elimination of the conditional approval for the 15,000 square feet of TDRs and 7 dwelling units as reflected in Exhibit "A" attached hereto; and WHEREAS, the City Commission wishes to create the TDR sub - account in the name of Gilco Realty, L.C. a/k/a 18555 Developers, LLC for the deposit of 1,539 square feet of TDRS and 1 dwelling unit; and Gileo Realty. L.C. a/k/a 18555 Developers. LLC TDR Bank Page l of 3 WHEREAS, the City Commission wishes to grant the Applicant's request to eliminate the conditional grant of TDRs in amount of 15,000 square feet and 7 dwelling units. 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. l l -Z -123. Pursuant to Section 265 -23 of the City Code, the City Commission hereby authorizes the creation of a TDR sub - account for Gilco Realty, L.C. a/k/a 18555 Developers, LLC in the amount of 1,539 square feet of floor area and one (1) dwelling units for unused TDRs under Resolution No. 11 -Z -123, adopted on November 17.2011. Section 3. Amending Resolution No. 12 -Z -129. The City Commission authorizes the elimination of conditional TDRs in amount of 15,000 square feet and seven (7) dwelling units granted to Gilco Realty, L.C. a/Ida 18555 Developers, LLC under Resolution No. 12 -Z -129_. adopted on May I0, 2012. 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 creation of a sub - account and the elimination of the conditional grant of the TDRs discussed herein. Section 5. Authoritv 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 effective upon adoption. PASSED AND ADOPTED this 18th day of April, 2013. ATTEST: Jane A. Hines, City Clerk Gilco Realty, L.C. aWa 18555 Developers, LLC TDR Bank Page 2 of 3 AS TO FORM AND Attomev Vote: S -b Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl Moved bv: Cg Yvwv. �1,A1� r�ly1 —�cl%I _(Yes) —j"/ Yes) (Yes) —� -Yes) (Yes) Gilco Realty, L.C. aAda 18555 Developers, LLC TDR Bank Page 3 of 3 —('No) _(No) _(No) _(No) —(No) City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Hans Ottinot, City Attorney DATE: 4/18/2013 RE: Porshe Design Project RECOMMENDATION: This Resolution is presented for your consideration. REASONS: The purpose of this Resolution is to clarify the amount of TDRs approved for the Porsche Design Project and to create a private TDR sub - account in the amount of 1,539 square feet of floor area and one (10 dwelling units for unused TDRs. Moreover, the developer for the Porshe Project has requested the elimination of the conditional approval of 15,000 square feet of TDRs and 7 dwelling units. The Resolution approves the request. ATTACHMENTS: e Resolution Agenda Item No. IOL Date 3/18/2013 278 FIOR F AO CrrF OF Zuo F City of Sunny Isles Beach 18070 Collins Avenue. Suite 250 Sunny Isles Beach. Florida 33160 (305) 947 -0606 City Hall (305) 949-3 1 13 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM TO: Honorable Mayor and City Commission FROM: Hans Ottinot. City AttomeyGw DATE: April 18.2013 RE: Porshe Design Project RECOMMENDATION: This Resolution is presented for your consideration. REASONS: Ciry Commission Norman S. lidelcvp, Mayor Lsaac Aelion, Vice Mayor Jeanette Gatto, Commissioner Jennifer LeNin, Commissioner George —Bud" Scholl, Commissioner Christopher J. Russo, Ciry Manager Hans Ottinot, Ciry Anornev Jane A. Hines, C\tC, Ciry Clerk The purpose of this Resolution is to clarify the amount of TDRs approved for the Porsche Design Project and. to create a private TDR sub - account in the amount of 1,539 square feet of floor area and one (1 ) dwelling units for unused TDRs. Moreover, the developer for the Porshe Project has requested the elimination of the conditional approval of 15,000 square feet of TDRs and 7 dwelling units. The Resolution approves the request.