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HomeMy WebLinkAboutReso 2021-3239RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF TRANSFER OF DEVELOPMENT RIGHTS ("TDRs") IN THE AMOUNT OF TWELVE THOUSAND FIVE HUNDRED SIXTY- FOUR (12,564.58) SQUARE FEET OF FLOOR AREA ("FAR") AND TWELVE (12) DWELLING UNITS FROM THE CITY OF SUNNY ISLES BEACH TDRs BANK ACCOUNT BY 18401 DEVELOPERS, LLC A/K/A BENTLEY RESIDENCES, AND ASSIGNMENT OF TWELVE THOUSAND FIVE HUNDRED SIXTY-FOUR (12,564.58) SQUARE FEET OF FAR AND ZERO (0) DWELLING UNITS TO THE PROPERTY LOCATED AT 18401 COLLINS AVENUE; DIRECTING THE DEVELOPMENT SERVICES DIRECTOR OR DESIGNEE TO ASSIGN THE TDRs FROM THE CITY'S BANK ACCOUNT IN ACCORDANCE WITH ZONING RESOLUTION NO. 21' Z' M` ; AUTHORIZING THE ADJUSTMENT AND MODIFICATION OF THE CITY'S TDR BANK; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Zoning Resolution No.adopted September 10, 2021, the City Commission approved the zoning application submitted by 18401 Developers, LLC. a/k/a Bentley Residences ("Applicant") for the assignment of TDRs in the amount of Twelve Thousand Five Hundred Sixty -Four (12,564.58) square feet of floor area and Zero (0) dwelling units; and WHEREAS, the Applicant is required to pay a per square foot price of One Hundred Twenty Five Dollars ($125.00); and WHEREAS, the City Commission agrees to accept One Million Five Hundred Seventy Two Thousand Five Hundred Seventy Two Dollars and Fifty cents ($1,570,572.50) from the Applicant for the payment of Twelve Thousand Five Hundred Sixty -Four (12,564.58) square feet of floor area and Twelve (12) dwelling units of TDRs; and WHEREAS, the property receiving the TDRs is located at 18401 Collins Avenue, Sunny Isles Beach and is legally described in Zoning Application No. PZ2021-06; and WHEREAS, the City Commission wishes to approve the transfer and assignment of the TDRs contemplated herein in accordance with its TDRs ordinance. 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. Authorizing the Assignment of Transfer of Development Rights. Pursuant to Section 265-23 of the City Code and in accordance with Zoning Resolution No. 7-I1'%the City Commission hereby authorizes the assignment of transfer of the development rights in the amount of Twelve Thousand Five Hundred Sixty -Four (12,564.58) square feet of floor area and 18401 Developers, LLC a/k/a Bentley Residences - City TDR Bank Page 1 of 2 Zero /O\ dwelling units to 18401 Developers, LLC. a/k/a Bentley Residences from the Cit«gTDR bank account. Section 3. Directive to Development Services Director. The Development Services Director or designee ishereby directed 1Otransfer the development rights from the Cit/sTDRBank to184Ol Developers, LLC. a/k/a Bentley Residences in accordance with Zoning Resolution No. T/ The Development Services Director is h8[eh« authorized to adjust the Oh/5TDR bank account by decreasing it by Twelve Thousand Five Hundred Sixty -Four /l2,5b4.58\square feet offloor area and Twelve (l3)dwelling units. Section 5. Authorizing Payment Agreement of the Transfer of Development Rights. The Applicant shall provide the City with 8non-refundable deposit iDthe amount One Hundred Fifty - Seven aDdHft«-Sev8nOVllars and Twenty -Five Cents ($l57,U57.25),which i31O96Ofthe approved purchased price of One Million Five Hundred Seventy -Two Thousand Five Hundred Seventy -Two Dollars and Fifty Cents ($1,570,572.50) within three (]) vv0[kiOg days of the approval of this Resolution. The remainder of the payment is due according to Zoning Resolution NO.V �� > Section 6. Authority of the City Manager and CitV Attorney. The [hv Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 7. Effective Date. This Resolution shall become effective upon adoption. ATT PASSED AND ADOPTED this 14tI day of September 2021. APPROVED AS TO FORM AND LEGAL SU &.- DaL Y: MauriVio &etankur, CIVIC, City Clerk Edward A. Dion, City Attorney Moved by: V—Seconded by: Vmte` . ^/ M@yUrSvechin (YieS) (No) Dl COOOiS5iOOerGOldDl@n �_7_-� �S\ /NO\ ./ Commissioner Lama~ �t�S\ ___-� (NO\ � [Dnlnni35iVn8rVisCerro �_(YeS) (No) zmmzDevelopers, uca/k/ Bentley Residences City mnBank Page awz �~����� UU Beach ~�o�� ��n ������ .�n��� 18070CoUins Avenue Sunny Isles Beach, Florida 33160 (305) 947{6O6City Hall TO: Honorable Mayor and City Commissioners VIA: Christopher J. Russo, City Manager FROM: Claudia C. Hasbun, Development Services Director DATE: September 14, 2021 RE: Request for Purchase and Assignment of Public Transfer Development Right! for the Bentley Residences (PZ2O21-06) RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: According to She Man Approval and Transfer Development Rights applications /PZ2021-06\ , th' Applicant is requesting to approve the purchase and assignment of Public Transfer Deve|npnnen| Rights /TDRs\ inthe amount of12,564.58square feet ofFloor Area Ratio (FAR) and Udwelling unit with an adjustment from the CityTDKs bank in the amount of1Z,564.58square feet ofFAR and 1� dwelling units. The [hv shall consider the acceptance of the appraised land value of $125.00 per square feet, for a total mf$1,570,S73.5Ofor the Pub|icTDR's purchase. The Applicant shall provide the City with a non refundable deposit in the amount of ten percent (10Y6) of the approved purchased price. The total amount of the deposit is $157,057.25. The deposit is required within the three (3) working days of approval of the Transfer Development Rights (TDRd application. ADDITIONAL INFORMATION: The attached TORAppraisal Report applies toitem 6Aand 1OO. Resolution TDRApp|icatlon TDHAppraisal Report Item Number: 10.M TDR 2011 CH c �d!ceived nP � Y D EDate R Date Isd A � R 2 2021Resolu PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL 4�yF * F L O �\ C'rY OF SUN PLO APPLICATION FORM TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE Clerk of Court Use Only I. APPLICANT INFORMATION NAME 18401 Developers LLC, a Florida limited liability company PHONE (305) 932-1000 E-MAIL a alla hg�er@dezer.com FAX (305) 936-9908 ADDRESS c/o Dezer Development, 18001 Collins Avenue, 31St Floor, Attn: Arthur Gallagher CITY AND STATE Sunny Isles Beach, Florida ZIP CODE 33160 II. RECEIVER SITE INFORMATION AS APPLICABLE OWNERS NAME 18401 Developers LLC, as contract purchaser of the Property PHONE (305) 932-1000 E-MAIL agallagher@dezer.com FAX ADDRESS. c/o Dezer Development, 18001 Collins Avenue, 31st Floor, Attn: Arthur Gallagher CITY AND STATE Sunny Isles Beach, Florida ZIP CODE 33160 PROPERTY ADDRESS/LOCATION 18401 Collins Avenue, Sunny Isles Beach, Florida 33160 LEGAL DESCRIPTION See Attached Exhibit 1 City of Sunny Isles Beach 1 Planning and Zoning Department TDR 2011 CH FOLIO NUMBER 31-2202-003-0210 CURRENT ZONING MUR Mixed Use Resort PROPERTY SIZE -2.366 acres (103,041 sf)* PURCHASE DATE August 1, 1996 EXISTING USE OF PROPERTY Thunderbird Hotel EXISTING STRUCTURE ON PROPERTY 110,069 sf hotel building PROPOSED FLOOR AREA RATIO 4.60 FAR (Base+BonusesIDENSITY 188 Units (excl. TDRs� PERCENTAGE OF RIGHTS TO BE RECEIVED 89.3% SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 127,035.58 DWELLING UNITS TO BE RECEIVED 63 units TOTAL FLOOR AREA RATIO INCLUDING TDR 5.98 FAR TOTAL DWELLING UNITS INCLUDING TDR 216 Units * Note: Total site is 2.963 acres; however, 2.366 acres (103,041 sf) are being used for the project and will be the portion of the property receiving the TDRs. III. SENDING SITE INFORMATION OWNERS NAME City of Sunny Isles Beach PHONE E-MAIL FAX ADDRESS CITY AND STATE ZIP CODE PROPERTY ADDRESS/LOCATION N/A LEGAL DESCRIPTION N/A FOLIO NUMBER N/A CURRENT ZONING N/A PROPERTY SIZE N/A PURCHASE DATE N/A EXISTING USE OF PROPERTY N/A EXISTING STRUCTURES ON PROPERTY N/A BASE FLOOR AREA RATIO PERMITTED N/A UNITS PERMITTED N/A City of Sunny Isles Beach 2Planning and Zoning Department TDR 2011 CH SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK DWELLING UNITS TRANFERED TO TDR IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY THE CITY] NAME Frank Hornstein/AivraisalFirst Real Estate Avnraisers. LLC PHONE (305) 470-2130 E-MAIL irank(lappraisalfirst.net FAX _(305) 381-8047 ADDRESS 1444 Biscayne Boulevard, Suite 211 CITY AND STATE Miami, Florida ZIP CODE 33132 DATE OF APPRAISAL July 13.2021 APPRAISAL VALUE OF SITE $125 per square foot of allowable FAR. 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 To be determined ADDRESS PHONE E-MAIL FAX VI. SURVEY COMPANY INFORMATION NAME OF SURVEYOR Fortin, Leavy, Skiles, Inc. ADDRESS 180 NE 168th Street, North Miami Beach, Florida 33162 PHONE 305-653-4493 E-MAIL dariir:'a'.flssurve\ .com_FAX 305-651-7152 City of Sunny Isles Beach 3Planning and Zoning Department TDR 2011 CH VII. PROPERTY OWNER CERTIFICATION NAME OF COMPANY Dezer Hotel Management, Ltd. ADDRESS c/o Dezer Development, 18001 Collins Avenue 31" Floor,• Attn: Arthur Gallaiaher PHONE (305) 932-1000 E-MAIL agallagher@dezer.com FAX..(305) 936-9908 VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE (PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR) IX. CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING ADJACENT LOTS City of Sunny Isles Beach 4Planning and Zoning Department TDR 2011 CH 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).* CONTRACT PURCHASER OF PROPERTY IN II 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 TRANSFERRED FROM THE SENDER_SJTE SHALL EXPIRE, TERMINATE AND BECOME EXTINGIASHED AND UNUSABL 18401 D GIL DEZER SIGNATURE OF OWNER* (APPLICANT) DATE CONTRACT PURCHASER City of Sunny Isles Beach 5Planning and Zoning Department TDR 2011 CH STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of ' . Ab 20;/, by '� �C�-Z �r on behalf of , � Ll a Florida (corporation) (partnership) .(He/She i§.personally known to me or has produced (type of identification produced) as identification and did take an oath. My Commission Expires: `";�i� 0 �.�C� Cp a Notaiy Public State of Florida 01PAY PLgli IRMA M PACCIONE Commission # GG 15705G Print Name: j�m.d �. aoe Expires December 15, 2021 Bonded r1rU BUdge1 NotW gofyjW City of Sunny Isles Beach 6Planning and Zoning Department BENTLEY RESIDENCES Public Hearing Application EXHIBIT 1 LEGAL DESCRIPTION LEGAL DESCRIPTION: Tract "M', less the South 350 feet as mocsu-ed of 90' to the Southerly boundory, .AMENDED PLOT OF NORTH BISCAYNE BEACH, according to the plot thereof, us recorded in Plal. Book 44 at Pace 42, of (tie Pjblic Recores of Miami —Dade County, Flo,ida. All ;he property thereon is bcunded on the East by Vie =rosion Cont-ol Li-ie of the Atlantic Oceo-i, said line recorded in Plot Book 134 at Poge 47, o= tic public Records of Miarni—Dade County, Florida. RECEIVED PZ PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL AN APPRAISAL REPORT OF A MULTI -FAMILY ZONED OCEAN FRONT PARCEL LOCATED AT 18401 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA 33160 Appraisal No. 06-21-286 FOR Arthur L. Gallagher EVP, Chief Investment Officer Dezer Owners & Developers 18001 Collins Avenue, 3 1 " Floor Sunny Isles Beach, Florida 33160 BY APPRAISALFIRST Real Estate Appraisers, LLC 1444 Biscayne Boulevard, Suite 211 Miami, Florida 33132 AppraisalFirst 016= Real Estate Appraisers LLC 1444 Biscayne Boulevard, Suite 211 Miami, Florida 33132 Phone: 305-470-2130 Fax: 305-381-8047 E-mail: residential(@apraisalfust.net E-mail: frank(@appraisalfust.net July 13, 2021 Arthur L. Gallagher EVP, Chief Investment Officer Dezer Owners & Developers 18001 Collins Avenue, 31" Floor Sunny Isles Beach, Florida 33160 Re: A multi -family zoned, ocean front, property located at 18401 Collins Avenue, Sunny Isles Beach, Florida 33160. Dear Mr. Gallagher: As requested, I have prepared the attached appraisal report of the above referenced property. The purpose of the report is to estimate a cost per unit for the purchase of Transfer Development Rights (TDR's), as it pertains to the underlying subject property. This is an Appraisal Report which is intended to comply with reporting requirements set forth under Standards Rule 2-2(a) ofthe Uniform Standards of Professional Appraisal Practice (2020-2021). The value opinion reported is qualified by certain definitions, limiting conditions and certifications which are set forth on pages 40 through 42 of this report. The extraordinary assumption is stated herein. The report includes no hypothetical conditions. The property is currently improved with a five -story, 180 room, Days Inn Hotel. The improvements were completed in 1955, and not longer contribute value to the site. The property owner/developer is obtaining site plan approvals for the development of a 60-story, luxury, condominium tower to be known as the Bentley Residences. The project will include 216 condominium residences. The project will be branded in conjunction with Bentley Motors. The subject property of this appraisal is an, ocean front, MU-R zoned, parcel of land that contains a total area of 155,077 square feet or 3.5601 acres (Public Records). The parcel sits along the east side of Collins Avenue, at about 1841h Street and includes about 300 ± feet of frontage along the Atlantic Ocean. Arthur L. Gallagher EVP, Chief Investment Officer Dezer Owners & Developers Page Two The proposed project site will only encompass the north 200 feet or 103,041 square feet or 2.366 acres. The proposed project will require the full utilization of bonuses and Transfer Development Rights (TDR's) in accordance with the zoning code and Land Development Regulations (LDR) for the City of Sunny Isles Beach. The developer is planning to acquire the maximum amount of bonuses at 2.10, and TDR's at 1.38, for a total project FAR of 5.98, and 216 residential units. The intended use of this appraisal report is to establish an appropriate per unit selling price for the proposed TDR's. This report may not be fully understood by users other than the property owner, their representatives and the appropriate officials with the City of Sunny Isles Beach. As per the LDR, at the time of approval of the TDR's, the City Commission shall consider the acceptance of the appraised land value for the receiving site as follows: the cost for a square foot of development right shall be determined by the market value of the receiving site as determined by a current real estate appraisal (updated no more than three months from the date the application is heard at a public hearing) prepared for the City by an appraiser, selected by the City Manager, but paid for by the owner of the receiving site. The appraisal amount shall then be divided by the permitted floor area ratio, including bonuses on the receiver site. Zoning and Legal Officials with the City of Sunny Isles Beach established parameters with regard to the selection of comparable sales. These parameters preclude the Appraiser from going outside the City limits to search for comparable land sales. Because of the parameters and restrictions enforced by City officials toward the appraisal process the conclusion should not, and has not been, considered market value as typically defined. The conclusion is the most probable price paid by a developer for TDR's in Greater Sunny Isles Beach and not a market supported value. This appraisal report is in compliance with the minimum standards of the Uniform Standards of Professional Appraisal Practice (USPAP 2020-2021). Because the intended use of the appraisal is for internal purposes, related to establishing a purchase price for the TDR's, the report may not be in conformance with Title XI of FIRREA and Department of the Treasury Interagency Appraisal and Evaluation Guidelines. The appraiser has previously provided consultation and value estimates for properties similar to the subject property throughout the South Florida region. As such, the appraiser is in compliance with the competency provision contained within USPAP. A copy of the appraiser's qualifications is included in the addenda. Arthur L. Gallagher EVP, Chief Investment Officer Dezer Owners & Developers Page Three I have not, nor has any of my associates, provided professional services related to the subject property, as an appraisers or in any other professional capacity, within the prior three years, preceding this date of appraisal. By virtue of my investigation and analyses, it is the opinion of the appraiser that, the cost per unit for the purchase of TDR's, as they pertain to the subject property, as a fee simple estate, as of July 12, 2021, is: $125.00 Per SF of Allowable FAR Respectfully submitted, Frank Hornstein, MAI State -Certified General Real Estate Appraiser, No. RZ 1376 Property Type: Property Description: Date of Value: Date of Report EXECUTIVE SUMMARY A multi -family zoned ocean front parcel of land. Location 18 401 Collins Avenue. Sunny Isles Beach, Florida 33160 Folio Number 31-2202-003-0210 Zoning: MU-R, a mixed use resort district by the City of Sunny Isles Beach_ Florida. Site Size: 3.5601 acres or 155,077 square feet - Total Parcel 2.366 acres or 103,041 square feet - Project Site Census Tract: 1.23 Flood Zone: X, AE and VE (See Addenda) July 12, 2021 July 13, 2021 Property Rights Appraised: Fee Simple Estate Highest & Best Use: Future condominium development in accordance with the zoning code and Sunny Isles Beach LDR. Marketing/Exposure Time: Within 12 months VALUE INDICATIONS Sales Comparison Approach: $59,000,000 Final Per SF of Allowable FAR $125.00