HomeMy WebLinkAboutReso 2021-3240RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AUTHORIZING THE ASSIGNMENT OF PRIVATE TRANSFER OF
DEVELOPMENT RIGHTS ("TDRs") IN THE AMOUNT OF FIFTEEN THOUSAND ONE
HUNDRED SIXTY-ONE (15,161) SQUARE FEET OF FLOOR AREA ("FAR") AND
SEVEN UNITS (7) FROM THE PRIVATE TDRs OWNED BY DEZER UNIVERSAL, LLC.
TO 18401 DEVELOPERS, LLC A/K/A BENTLEY RESIDENCES FOR THE PROPERTY
LOCATED AT 18401 COLLINS AVENUE; DIRECTING THE DEVELOPMENT SERVICES
DIRECTOR OR DESIGNEE TO TRANSFER THE TDRS FROM THE PRIVATE TDRs BANK
ACCOUNT IN ACCORDANCE WITH ZONING RESOLUTION 2('7--IV2,-AUTHORIZING
THE ADJUSTMENT AND CLOSING OF THE PRIVATE TDRs 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.74'7-' tax adopted September 141", 2021 the City
Commission approved the zoning application submitted by 18401 Developers, LLC ("Applicant")
for the assignment of Private TDRs in the amount of Fifteen Thousand One Hundred Sixty -One
(15,161) square feet of floor area and Seven (7) dwelling units; and
WHEREAS, the City Commission approved the donation and assignment agreement for
the creation of private TDRs account in favor of Dezer Universal, LLC under Resolution No. 2015-
2408 adopted on April 16t", 2015; and
WHEREAS, the property receiving the Private 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 Private transfer 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-l•Z-11?-the City
Commission hereby authorizes the assignment of private transfer of the development rights in
the amount of Fifteen Thousand One Hundred Sixty -One (15,161) square feet of floor area and
Zero (0) dwelling units.
Section 3. Directive to Development Services Director. The City's Development Services
Director or designee is hereby directed to close the Private TDR Bank known as Dezer Universal,
LLC.
R2021 Private TDRs Dezer to Bentlev Paee 1 of 2
Section 4. Authority of the City Manager. The City Manager i3 hereby authorized tO do all
things necessary toeffectuate this Resolution.
Section 5. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this l4mday of
La[iSaSV8ChiO,Mayor
ATT
Maqricio Betan[cur, CIVIC, City Clerk
APPROVED ASTO FORM
AND LEGAL SUFFICIENCY:
(.,,,Sdward A. Dion, City Attorney
Moved by: Secondedby:
Vote:
K4ayorSveChin V
(Y\e5) ____(No)
Commissioner Goldman (Yes) V (NO)
Commissioner Lama ~/ (Yes) (N0)
C0rnnniS3ioDe[Viscarna �� (Yes) ---- ____,NO
____, ,
TDR 2011 CH
R EIVED
CEVED
City U
�S�F
SV�SNY
Date ceived
Date I 2 202 ,1
sued
Resol —
PLANNING &ZONING
*i
DEPT.T*
City of Sunny Isles Beach,
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yF 99'* s`�P
FL
FI.C✓�\O
)' OF SU1`1 PNO
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 aizallagher@dezer.com FAX (305) 936-9908
ADDRESS c/o Dezer Development, 18001 Collins Avenue 3 1 " 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 Pro eegy
PHONE (305) 932-1000 E-MAIL agallajzher@dezer.com FAX (305) 936-9908
ADDRESS. c/o Dezer Development 18001 Collins Avenue 31" 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 so* 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+Bonuses�DENSITY 188 Units (excl. TDRs)
PERCENTAGE OF RIGHTS TO BE RECEIVED
SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 15,161
DWELLING UNITS TO BE RECEIVED 7 units
TOTAL FLOOR AREA RATIO INCLUDING TDR 5.98 FAR
TOTAL DWELLING UNITS INCLUDING TDR 21
* 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 Dezer Universal LLC
PHONE (305) 932-1000 E-MAIL agallagher@dezer.com FAX (305) 936-9908
ADDRESS c/o Dezer Development, 18001 Collins Avenue, 3 1 " Floor; Attn: Arthur Gallagher
CITY AND STATE Sg= Isles Beach, Florida ZIP CODE 33160
PROPERTY ADDRESS/LOCATION N/A
LEGAL DESCRIPTION
FOLIO NUMBER N/A CURRENT ZONING N/A
PROPERTY SIZE N/A PURCHASE DATE N/A
EXISTING USE OF PROPERTY
EXISTING STRUCTURES ON PROPERTY N/A
BASE FLOOR AREA RATIO PERMITTED N/A UNITS PERMITTED N/A
City J Sunny Isles Beach ?Planning and Zoning Department
TDR 2011 CH
SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK 15,161 square feet
DWELLING UNITS TRANFERED TO TDR BANK 7 units
IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE
APPROVED BY THE CITY]
NAME Frank Hornstein/AppraisalFirst Real Estate Appraisers, LLC
PHONE (305) 470-2130 E-MAIL fi•anl.�Oappraisaltirst.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 $125.00 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, LeM, Skiles, Inc.
ADDRESS 180 NE 168th Street, North Miami Beach, Florida 33162
PHONE 305-653-4493 E-MAIL daniri&,,flssurvev.coni_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 3111 Floor,• Attn: Arthur Gallagher
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 TRANSFE D FROM THE SENDEK'SITE SHALL EXPIRE, TERMINATE AND
BECOME EXTI UIS ED AND UNUSA�E.
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 oregoing instrument was acknowledged before me this day of ,
2021, by �h�% �c�,�- on behalf of 2 D
a Florida (corporation) (partnership�uced
e She is personally known to me or has p
(type of identification produced) as identification
and did take an oath.
i
My Commission Expires: < ��XL
Notary Public State of Florida
o�pgv ruB4 IRMA M PACCIONE
Commission # GG 157056 /7
oe Expires December 15, 2021 Print Name.— c=C Ly l�n
DOM ThN Bud* N04q O AO" J
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 mecsu-cd at 90' to the Southerly boundary, .AM-NDED PLAT OF NORTH
BISCAYNE BEACH, according to the plat thereof, as recorded in Plat Euok 44 at Pace 42, or the Pjblic
Records of Miami —Dade County, Flo-ido. All :he property thereon is bcunded on the East by tne=rosion
Cont-ol Line of the Atlantic Oceon, soid line recorded in Plat Book 134 of Page 47, o` the public Records
of Miami —Dodo County, Florida.
City of SunnyIslesBeach
18870 Collins Avenue
Sunny Isles Beach, Florida 3318O
(3]5) 947fB6O6City Hall
TO: Honorable Mayor and City Commissioners
VIA: Christopher J. Russo, City Manager
FROM: Claudia C. Hasbun, Development Services Director
DATE: September 14, 2021
0E: Private Transfer Development Rights (TDRo) Assignment for 8ende'
NesidencesA(PZ202l-U6)
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
According with Site Plan Approval and Transfer ofDevelopment Rights Applications (PZ2O2I'06),th
Applicant is requesting to approve the assignment of Transfer Development Rights (TDRs) in th(
amount of 1S,16I square feet of Floor Area Ratio (FAR) and U dwelling units owned by Deze
Universal LL[ /PrivateTDNs Bank) to project known as Bentley Residences located at 1840I [VUir
Avenue. An adjustment from the Private TDR bank inthe amount of15,161 square feet of FAR and *
dwelling units is requested. This Private TDR Bank account shall be closed after assignment is approved
and completed.
Resolution
Application for Private TDRs
Item Number: 10.N