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HomeMy Public PortalAbout11-8320 Georgia Ayers Apartments Sponsored by: City Manager Resolution No. 11-8320 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXECUTE A DEVELOPER'S AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, GEORGIA AYERS APARTMENTS, LLC, THE BISCAYNE HOUSING GROUP AND THE CARRIE MEEK FOUNDATION, AND GONZALO DE RAMON REGARDING GEORGIA AYERS APARTMENTS, PURSUANT TO CITY ORDINANCE NO 86-8 LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED AT 13280 PORT SAID ROAD, FOLIOS NOS. 08-2128-007-0140; 08-2128-007-0132; 08-2128-007-0130; 08-2128-007-0131; 08-2128-007-0120; AND 08-2128-007-0150; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Georgia Ayers Apartments, LLC is a 72-unit, Garden Style residential rental project which will provide work-force housing; and WHEREAS, the City Commission of the City Opa-locka approved Ordinance No. 10-17 in June 2010, increasing the allowable density for the project; and WHEREAS, pursuant to the City Land Development Code, Ordinance No. 86-8, a Developer's Agreement is required in order for the project to move forward; and WHEREAS, the City Commission of the City of Opa-locka desires to approve and authorize the City Manager to execute the Developer's Agreement, in substantially the form attached hereto. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to execute a Developer's Agreement between The City Of Opa-Locka, Georgia Ayers Resolution No. 11-8320 Apartments, LLC, the Biscayne Housing Group and the Carrie Meek Foundation, and Gonzalo De Ramon regarding Georgia Ayers Apartments, pursuant to City Ordinance No 86-8 Land Development Code, for property located at 13280 Port Said Road, Folios Nos. 08-2128-007-0140; 08-2128-007-0132; 08-2128-007-0130; 08-2128-007-0131; 08-2128-007-0120; and 08-2128-007-0150, in substantially the form attached hereto as Exhibit «A„ Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14`h day of December, 2011. 1 (4- ,2_, 1/7 .0 MYR 1 AYL 2 ' MAYOR Attest to: ..,,,ei _..... Deborah b City Clerk Approved as to form and legal sufficiency: 41S I. if V . A Jo!.ph S. l grer Atto •y Moved by: VICE MAYOR JOHNS•N Seconded by: COMMISSIONER MILLER Commission Vote: 3-0 Commissioner Holmes: NOT PRESENT Commissioner Miller: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Johnson: YES Mayor Taylor: YES t Memorandum TO: Myra L. Taylor, Mayor Dorothy Johnson, Vice Mayor Timothy Holmes, Commissioner Rose Tydus, Commissioner Gail Miller, Commissioner FROM: Bryan K Finnie, City Manager,.- DATE: November 181 - RE: Develo s Agreement Between the City of Opa-locka ("the City"), Georgia Ayers Apartments, LLC, The Biscayne Housing Group, Carrie Meek Foundation, and Gonzalo De Ramon Regarding Georgia Ayers Apartments for Property located on Port Said Road near N.W. 133rd Street, Opa-locka, FL. Request: A Resolution authorizing the City Manager to sign and execute a developer's agreement with the above-named entities pursuant to City Ordinance No. 86-8 entitled the Land Development Code for property located at 13280 Port Said Road, Opa-locka, FL 33054 specifically described by [Folio Nos. 08-2128-007-0140; 08-2128-007-0132; 08-2128-007-0130; 08-2128-007-0131; 08-2128-007-0120; 08-2128-007-0150] Description: On October 3, 2011, the Community Development Department was approached by a representative from Georgia Ayers Apartments, LLC requesting to move forward with their plans to construct a 72-unit rental apartment complex on Port Said Road in the Nile Gardens area. As you are aware, in March of 2010, the Mayor and City Commission changed the zoning and land use of the subject property to allow for a 72-unit rental community. The enabling legislation is attached and is part of this agenda item for your review. However, prior to the issuance of a building permit, a developer's agreement is required by City Ordinance 86-8.The Developer's agreement is a legal requirement of City Ordinance No 86-8. Specifically, section 4.16 of the Land Development Code requires the applicant/developer, property owner to agree to the following items that: 1. All impacted public facilities shall be adequate to serve the site at an acceptable level of service prior to receiving a certificate of occupancy. 2. All public improvements required by any government agency having jurisdiction or voluntarily proposed by the applicant to be installed by the applicant i.e. water and sewer, sidewalks, roads, turn lanes, etc shall be constructed in accordance with the application development regulations prior to the issuance of a certificate of occupancy or the City shall receive an acceptable guarantee such as a performance bond or letter of credit to ensure those items are installed and completed. 3. The applicant guarantees to preserve and maintain all buildings and structures 4. Submission of annual reports and additional documentation as required by the City Commission to verity on-going compliance with all regulations. There are other items listed in the attached developer's agreement such as a police substation area onsite as well as 24-hour security requirement. Financial Impact: There are no direct financial impacts associated with executing this agreement; however, indirectly once building and site improvements are completed. The City will realize enhance tax revenues from real estate taxes. Implementation Time Line: Immediately Legislative History: None. Recommendation(s): Staff recommends approval Attachment(s): • City Ordinance No. 10-17 Resolution No. 10-8092 Resolution No. 5058 Proposed Developer's Agreement Prepared By: Howard W. Brown, Jr. Community Development Director