HomeMy WebLinkAboutReso 2013-2129f
CFN 201480080025
OR Bk 29013 Fes 1258 - 1260; (3ae0
RECORDED 01/31/2014 14:30:32
HARVEY RUVIttr CLERK OF COURT
MIAMI -DADE COUNTYr FLORIDA
RESOLUTION NO. 2013 - 71a9
A RESOLUTION OF THE CITY COMNIISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE
TRANSFER OF DEVELOPNIENT RIGHTS ( "TDRS ") IN THE
AMOUNT OF ONE HUNDRED THOUSAND TWO HUNDRED
AND TWENTY (100,220) SQUARE FEET OF FLOOR AREA AND
FORTY SEVEN UNITS (47) TO ST. TROPEZ BEACH
DEVELOPERS, LLC. ET AL. FOR THE PROPERTY LOCATED
AT 290 -330 SUNNY ISLES BOULEVARD AND 16690 COLLINS
AVENUE FROM THE CITY'S TDR BANK ACCOUNT AND A
PRIVATE TDR BANK ACCOUNT; DIRECTING THE ZONING
ADMINISTRATOR OR DESIGNEE TO TRANSFER THE TDRS
FROM THE CITY'S BANK ACCOUNT AND PRIVATE TDR
BANK ACCOUNT IN ACCORDANCE WITH ZONING
RESOLUTION AMENDING RESOLUTION NO. 2006 -
959; AUTHORIZING THE ADJUSTMENT AND MODIFICATION
OF THE CITY'S TDR BANK AND OF THE PRIVATE TDR
BANK; 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.l -1 adopted on October 17, 20L3 the City
Commission approved the zoning application submitted by St. Tropez Beach Developers. LLC et.
al. ( "Applicant ") for the transfer of TDRS in the amount of 100,220 square feet of floor area and
32 dwelling units: and
WHEREAS, the City's TDR Bank balance will be adjusted to reflect the sale of TDRS to
the Applicant to reflect the reduction of Thirty Eight Thousand Fifty Eight (38,058) square feet of
floor area and Eighteen (18) dwelling units; and
WHEREAS, pursuant to Section 265 -231) of the Code of the City of Sunny Isles Beach,
the City Commission shall consider the acceptance of the appraised land value in the amount of
Sixteen Million Three Hundred Fifty Thousand Dollars (S16,350,000) for the receiving site for
the purpose of calculating the square foot value of the approved TDRs: and
WHEREAS, the Applicant is required to pay a per square foot price of S20.00 as agreed
between the Applicant and the City; and
WHEREAS. the City Commission agrees to accept Seven Hundred Sixty One Thousand
One Hundred Sixty Dollars ($761,160) from the Applicant for the transfer of Thirty Eight
Thousand Fifty Eight (38,058) square feet of floor area and Three (3) dwelling units: and
WHEREAS, by Resolution No. 2006 -959 adopted on July 20, 2006, the City approved
the transfer of Thirty Two Thousand Seven Hundred Fifty Nine (32,759) square feet and Zero
St. Tropez Beach Developers, LLC. City & Private TDR Bank Page ] of 3
3
(0) dwelling units to the property located at 16690 Collins Avenue under Zoning Resolution 06-
Z -101 adopted, on July 20, 2006: and
WHEREAS, the Applicant is seeking a modification of Zoning Resolution No. 06 -Z -101.
12 -Z -133. and TDR Resolution No. 2006 -959: and
WHEREAS, by Zoning Resolution No. 13 Z_Ig7 the City Commission approved the
modification of the site plan and the revision of TDR Resolution No. 2006 -959: and
WHEREAS, the City Commission hereby transfers the amount of 62,162 square feet and
29 dwelling units to the Receiver Sites along with 38,058 square feet of floor area and 3 dwelling
units: and
WHEREAS, the properties receiving the TDRs are described as follows:
Phase II:
14 52 42 2nd Rev Bella Vista PB 50 -76 E'' /z of Lot 27 Lot size 100.000 z 235 or 13890-
252 1188 2 F /A/U 30 -2214- 007 -0261.
1452 42 2nd Rev Bella Vista PB 50 -76 WV of Lot 27 Lot size 100.000 x 215 or 13890-
252 1188 2 F /A/U 30 -2214- 007 -0260.
1452422 nd Rev Bella Vista PB 50 -76 Lot 28 & Island 28 Lot size 160.000 z 200 M/L or
13890 -252 -1188 2 F /A/U 30 -2214- 007 -0270.
2 "d Rev. Bella Vista PB 50 -76 Lot 26 Less R/W Lot size 32814 sq ft or 21072 -1453 0203
6 COC 26215 -0676 02 2008 6 or 26215 -0676 0208 03.
Phase III:
2 "d Rev Bella Vista PB 50 -76 Lot 35 & Island 35 Lot size irregular F /A/U 30- 2214 -007-
0350 COC 26209 -4264 02 2085 5 or 26209 -4264 0208 01.
2 "d Rev Bella Vista PB 50 -76 Lot 36 & TR A Less Beg NW cor of Lot 36 TH 3 106.26ft
Ely Sely & Sly Ad 43.22 FT Swly Ad 172.96FT W42.93F N127.65F MY Ad 45.97FT.
WHEREAS, the City Commission agrees to authorize the transfer of the TDRs
contemplated herein in accordance with Section 265 -23 of the Code of the City of Sunny Isles
Beach.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COi MISSION 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. Authorizing the Transfer of Development Rights. Pursuant to Section 265 -23 of
the City Code and in accordance with Zoning Resolution No.13- -15 , the City Commission
hereby authorizes the transfer of the development rights in the amount of 100,220 square feet of
floor area and 32 dwelling units to St. Tropez Beach Developers, LLC et. al. from the City's and
Private TDR bank accounts.
St. Tropez Beach Developers, LLC. GrY & Private TDR Bank Page 2 of 3
OR BK 29013 PG 1260
LAST PAGE
Section 3. Directive to Zoning Administrator. The City's Zoning Administrator or designee is
hereby directed to transfer the development rights from TDR Bank. Tropez Beach Developers,
LLC et. al.. in accordance with Zoning Resolution No. is -m-Is a The City's Zoning
Administrator or designee is hereby directed to adjust the City's TDR Bank to reflect a deduction
of 100,220 square feet of TDRs and 47 units from the City's TDR Bank.
Section 4. Authorizing Pavment Agreement of the Transfer of Development Rights. The
Applicant shall provide the City with a non - refundable deposit in the amount S76,116 which is
the 10% of the approved purchased price of S761,160 within three (3) working days of the
approval of this Resolution. The remainder of the payment is due prior to issuance of the building
permit for the site plan approved in accordance with Zoning Resolution No. i3-2 -137.
Section 5. Amendment to Resolution No. 2006 -959. The City Commission hereby modifies
Resolution No. 2006 -959, adopted on July 20, 2006, to confirm that 32,759 square feet and 17
dwelling units are transferred pursuant to Zoning Resolution No. 13 -Z -137 .
Section 6. Authoritv of the City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 7. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 171h day of October. 2013.
ATTEST: :.
�Ctn.a
Jane A. HinesrMMC, City Clerk
AS TO FORM
15CUICIENCY:
Attorney
Vote: S-0
Mayor Edelcup
Vice Mavor Aelion
Commissioner Gatto
Commissioner Levin
Commissioner Scholl
Moved by: Y i t2 aumr As,,orJ
Seconded by: GpaTp
,7(Yes)
(No)
(Yes)
7(Yes)
_(No)
(No)
✓ Yes) (No)
Yes) _(No)
St. Tropez Beach Developers, LLC. City & Pcicate "CDR Bank Page 3 of 3
ry.'.
EEXEMIVE SUMMARY
Property Type: A mixed use development site
Report Type: Summary
Intended Use: The intended use of this appraisal is to assist the client in determining
an appropriate for Transfer Development Rights (TDR's), as
permitted in the current LDR.
Intended User: The City of Sunny Isles Beach
Location: 250 to 330 Sunny Isles Boulevard,
Sunny Isles Beach, Florida 33160
Site Description
Site Size:
117,014 square feet or 2.69 + acres
Zoning:
TCD, Town Center district by the City of Sunny Isles Beach,
Florida.
Flood Zone:
AE (See Addenda)
Census Tract:
1.07
Folio Numbers:
31- 2214 - 007 -0250; 0260; 0261; and 0270
Current Use:
Vacant land, old bank building and St. Tropez sales center.
Proposed Use:
A 25 and 28 -story condominium tower with 329 residential
units, parking garage and ground floor commercial space.
The proposed project, to be known as St. Tropez III, is
anticipated to have an FAR of 4.3 5.
Highest & Best Use:
Date of Value:
Date of Report:
Marketing/Exposure Time:
Property Rights Appraised:
VALUE INDICATIONS:
Multi- family development in accordance with the current zoning code
and LDR of Sunny Isles Beach, Florida.
August 6, 2012
August 13, 2012
Within 12 months.
Fee Simple Estate
Sales Comparison Approach: $16,350,000
Final Per SF of Allowable FAR $27.95
TOR 1011 CH
ry or SUN 1-
APPLICATION FORM
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
Clerk of Court Use Only
I. APPLICANT INFORMATION
NAME St Tropez Beach Developers, LLC ;. Parque Towers Developers, LLC;
St. Tropez II, LLC
PHONE 305/460 -6300 E -MAIL FAX305/460 -8247
ADDRESS 290 and 330 Sunny Isles Boulevard and 16690 Collins Avenue,
CITY AND STATE Sunny Isles Beach, FL ZIP CODE 3 316 0
II. RECEIVER SITE INFORMATION AS APPLICABLE
OWNERS NAME St. Tropez Beach Developers, LLC; Parque Towers Developers, LLC
St. Tropez II, LLC
PHONE 305 /460 -6300 E -MAIL FAX 3os /46o -89-47
ADDRESS 3211 Ponce de Leon Blvd., Suite 301
CITY AND STATE Coral Gables, FL ZIP CODE 33134
PROPERTY ADDRESS /LOCATION, 290 and 330 Sunny Isles Blvd. , Sunny Isles, FL
and 16690 Collins Ave., Sunny Isles, FL
LEGAL DESCRIPTION SEE ATTACHED
FOLIO NUMBER SEE ATTACHED _CURRENT ZONING Town Center overlay
PROPERTYSIZE 2.686 acres PURCHASEDATE 2/14/03 and 12/4/06
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City of Sunny Isles Beach I Planning and Zoning Department
TDR 2011 CH
EXISTING USE OF PROPERTY Salds Office
EXISTING STRUCTURE ON PROPERTY Two Single Story Structures
PROPOSED FLOOR AREA RATIO 4.191 FAR DENSITY 615 Units
PERCENTAGE OF RIGHTS TO BE RECEIVED 30% of Allowed Density and FAR
SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED
DWELLING UNITS TO BE RECEIVED
3 Unitas
TOTAL FLOOR AREA RATIO INCLUDING TDR 4.91 FAR
TOTAL DWELLING UNITS INCLUDING TDR 615 Units
III. SENDING SITE INFORMATION
OWNERSNAME City of Sunny Isles Beach
PHONE 305/947 -0606 E -MAIL FAX
ADDRESS 18070 Collins Avenue
CITY AND STATE sunny Isles Beach, FL ZIP CODE 33160
PROPERTY ADDRESS/LOCATION
LEGAL DESCRIPTION
FOLIO NUMBER CURRENT ZONING
PROPERTY SIZE
PURCHASE DATE
EXISTING USE OF PROPERTY
EXISTING STRUCTURES ON PROPERTY
BASE FLOOR AREA RATIO PERMITTED
UNITS PERMITTED
SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK
DWELLING UNITS TRANFERED TO TDR BANK
nwauwww•rrr�rvm.•w�e w. ... iavauu: 1• a: mwuwavnww�r .,.�•ew.vmtiwu�rowrc.uauw,rvnnn rr.+. m�..,+ oe; as�NO.w. »:.a,ww.tn.- ,rwrva.ui:c� �v. w. ���. m... srn. ax.w.wrn��wn�wu.r�rtrr�wnti,Mava,u
City of Sunny Isles Beach 2 Planning and Zoning Department
TDI12011 CH
IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE
APPROVED BY THE CITY]
NAME
PHONE E -MAIL FAX
ADDRESS
CITY AND STATE ZIP CODE
DATE OF APPRAISAL
APPRAISAL VALUE OF SITE
V. TITLE COMPANY INFORMATION AS APPLICABLE [TITLE COMPANY MUST
BE APPROVED BY CITY]
A COMMITMENT OF TITLE INSURANCE FOR A FORM "B" MUST BE SUPPLIED BY THE
SENDING SITE APPLICANT AS PART OF A COMPLETE APPLICATION
NAME OF TITLE COMPANY.
ADDRESS
PHONE E -MAIL FAX
VI. SURVEY COMPANY INFORMATION
NAME OF SURVEYOR
ADDRESS
PHONE E -MAIL FAX
VII. PROPERTY OWNER CERTIFICATION
NAME OF COMPANY
ADDRESS
PHONE E -MAIL FAX
VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE
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City of Sunny Isles Beach Planning and Zoning Department
TDR 201101
(PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR)
IX. CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING
ADJACENT LOTS
X. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGEMENT
I HEREBY CERTIFY THAT
1) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHEMNTS
ARE TRUE
2) I AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTION (II) (III)
(circle applicable number).
3) IF THE APPLICATION, AS MODIFIED OR AMENDED DURING THE REVIEW AND
APPROVAL PROCESS, IS GRANTED, I AGREE, IN CONSIDERATION THEREFORE, TO
INDEMNIFY AND HOLD HARMLESS, AND PROMISE NOT TO SUE, THE CITY OF
SUNNY ISLES BEACH, INCLUDING ITS OFFICERS AND EMPLOYEES, IN
CONNECTION WITH ANY CLAIMS OR OTHER ACTIONS ARISING OUT OF SAID
REVIEW AND APPROVAL,
4) I HEREBY ACKNOWLEDGE AND AGREE THAT IF THE PROPERTY IS APPROVED AS
A SENDER SITE, IT SHALL BE CONVEYED TO THE CITY AS VACANT PROPERTY
WITHOUT ANY STRUCTURES LOCATED THEREON, UNLESS OTHERWISE
AAPROVED BY THE CITY MANAGER. THE REMOVAL OF STRUCTURES FROM THE
SITE SHALL BE AT NO COST TO THE CITY.
5) I HEREBY ACKNOWLEDGE AND AGREE THAT, AT THE EXPIRATION OF THE FIVE
YEAR PERIOD COMMENCING WITH THE DATE OF THE CITY COMMISSION
APPROVAL OF THE PROPERTY AS A SENDER SITE, ANY UNUSED DEVELOPEMNT
RIGHTS TRANSFAARED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE AND
BECOME E U SHED AND UNUSABLE.
9r8 zor
SIGNATURE OF OWNER (APPLICANT) DATE
SIGNATURE OF CO -OWNER (CO- APPLICANT) DATE
STATE OF FLORIDA
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City of Sunny Isles Beach 4 Planning and Zoning Department
TDR2011 CH
COUNTY OF MIAMI -DADE
Thgfor instrument was aclmowledge gore me this day of
20/ by _J ll 12 "won behalf of S%�% C d. �d1
,v a Florida (corporation) {pa (nership) (other)
. He /She i ersonally known to me or has produced
(type of identification produced) as identification
and did take an oath.
My Co
6EUMBAQUEDANO
MY COMMISSION 00 EE 003194
EXPIRES: June 17, 2015
`•F „ „pr °e` Bond d TWO Wary Public Undenvdters
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Notary Per lic State of Florida
Print Name;
The foregoing instrument was acknowledged before me this day of
20 , by on behalf of
a Florida (corporation) (partnership) (other)
He /She is personally known to me or has produced
(type of identification produced) as identification
produced and did take an oath.
My Commission Expires:
Notary Public, State of Florida at Large
Print Name;
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City of Sunny Isles Beach S Planning and Zoning Department
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TO:
VIA:
FROM
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager
Claudia Hasbun, Zoning Administrator /Planning Manager
10/17/2013
St. Tropez on the Bay: Phases II & III
Transfer Development Rights (TDRs) Report
290 -330 Sunny Isles Boulevard & 16690 Collins Avenue (Receiver Sites)
• RECOMMENDATION:
Staff has no objection to the TDRs assignment provided that all conditions for the Site
Plan Modification are satisfied.
REASONS:
The Applicant is requesting to approve the transfer of City's and Private TDRs in the
amount of 100,220 square feet of development rights and 47 dwelling units (Each TDRs
unit = 2,132 square feet). The Applicant is requesting from the City's TDRs bank the
amount of 38,058 square feet of development rights and 18 dwelling. The City and
Applicant has agreed on $20.00 per square foot for a total of $761,160 for the TDRs
purchase. The Applicant shall provide the City with a non - refundable deposit in the
amount of ten percent (10 %) of the approved purchased price. The total amount of the
deposit is $76,116. The deposit is required within the three (3) working days of approval
of the Transfer Development Rights (TDRs) application.
The Applicant is requesting the assignment of TDRs in the amount of 100,220 square
feet of development rights and 32 dwelling units for the St. Tropez of the Bay Phases II
& III in accordance with Zoning Resolution No. , adopted on October 17, 2013.
ATTACHMENTS:
. Appraisal Summary
. Resolution
. TDR Application
i
Agenda Item No I OH
Date 10/ 17/2013
197