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HomeMy WebLinkAboutReso 2021-3254RESOLUTION NO. 2021- � A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE PURCHASE AND ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS ("TDRS") IN THE AMOUNT OF 287 SQUARE FEET OF FLOOR AREA RATIO ("FAR") AND ZERO (0) DWELLING UNITS FROM THE CITY'S PUBLIC TDR BANK ACCOUNT TO FLORIDA HOUSE TURNBERRY, LLC; AUTHORIZING THE DEVELOPMENT SERVICES DIRECTOR TO WITHDRAW 287 SQUARE FEET OF FAR AND ZERO (0) DWELLING UNITS FROM CITY'S PUBLIC TDR BANK ACCOUNT AND ASSIGNING THE 287 SQUARE FEET OF FAR TO THE PROPERTY LOCATED AT 17749 COLLINS AVENUE UNIT 1802; AUTHORIZING THE ADJUSTMENT AND MODIFICATION OF THE CITY'S TDR BANK ACCOUNT; PROVIDING THE CITY MANAGER AND THE 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 on October 21St, 2021, the City Commission of the City of Sunny Isles Beach (the "City Commission") approved the Site Plan Modification & Transfer of Development Rights ("TDRs") submitted by Florida House Turnberry, LLC ("Applicant") related to the property located at 17749 Collins Avenue, Sunny Isles Beach, Florida, for intensity increases of the overall Floor Area Ratio (FAR) square footage from 432,967 square feet of FAR to 433,254 square feet of FAR, an increase of 287 square feet of FAR, as well as for the purchase and assignment of TDRs in the amount of 287 square feet of FAR and zero (0) dwelling units; and WHEREAS, the City Commission hereby agrees to approve the sale and assignment of TDRs from the City's public TDR Bank account to the Applicant in the amount of 287 square feet of FAR and zero (0) dwelling units; and WHEREAS, solely the TDRs in the amount of 287 square feet of FAR are being utilized and assigned to the project that is the subject of the Site Plan Modification application for the development project located at 17749 Collins Avenue Unit 1802, Sunny Isles Beach; and WHEREAS, the City's public TDR Bank account will be adjusted to reflect the withdrawal of 287 square feet of FAR and zero (0) dwelling units to the Applicant and to reflect the TDRs assignment of solely the 287 square feet of FAR for the property located at 17749 Collins Avenue Unit 1802, Sunny Isles Beach; and WHEREAS, the property receiving the 287 square feet of FAR is described on Exhibit "A" attached hereto; and WHEREAS, the City Commission agrees to authorize the sale and the assignment of the TDRs contemplated herein as an incentive for development pursuant to its Charter and Home Rule Authority. @BCL@100C09C7.docx Page 1 of 3 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 Sale and Assignment of TDRs from the City's public TDR account to Florida House Turnberry, LLC. The City Commission hereby approves the sale and assignment of Transfer of Development Rights ("TDRs") in the amount of 287 square feet of FAR and zero (0) dwelling units from the City's public TDR account to Florida House Turnberry, LLC. Florida House Turnberry, LLC shall submit to the City payment in full in the amount of Thirty -Five Thousand Eight Hundred Seventy -Five Dollars ($35,875.00) within ten (10) working days from the approval of this Resolution, if payment is not received, TDRs Sale and Assignment is void and null. Section 3. Authorizing the Withdrawal and Assignment of TDRs. The City Commission hereby authorizes the Development Services Director to withdraw 287 square feet of FAR and zero (0) dwelling units from the City's public TDR account and to assign 287 square feet of FAR for the development project for the property located at 17749 Collins Avenue Unit 1802, Sunny Isles Beach, Florida approved under Zoning Resolution No. Section 4. Directive to Development Services Director. The Development Services Director or their designee is hereby directed to adjust the City's public TDR account to reflect the withdrawal of TDRs in the amount of 287 square feet of FAR and zero (0) dwelling units according to Zoning Resolution No. Section 5. Authority of the City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and are hereby repealed. Section 7. Effective Date. This Resolution shall become effective upon adoption. ATTEST: PASSED AND ADOPTED this 21St day of Octob r- 21. Larisa Svechin, Mayor APPROVED AS TO FORM @BCL@100C09C7.docx Page 2 of 3 4Maurilo AND LEGAL SUFFICIENCY: eta cur, CMC, City Clerk \ ward A. Dion, City Attorney ' //�,�� Moved by: ,ul 65t w� N�%L.`'p'Seconded by: Vote: Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) @BCL@100C09C7.docx Page 3 of 3 RECEIVED y Use Only to Rec ivecCe P 2021 to Issu d .. UN NG DEPT. City of Sunny Isles Beach, Fl. APPLICATION FORM Svp1NY IS4 u P yF 9>+ FLOF\O 5� C/TY OF SUN PCO TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE I. APPLICANT INFORMATION N �J} W00Y� IVP—AJ, Clerk of Court Use Only /.. Z -G11 Ak1A,VPe7Z �,60V/Vj1, f0 l PHONE- E-MAIL 04tz) 31 C�C�T��. FAX ADDRESS s 3� �4 C�/�i,�s I�� f�i�r .Sc�x, Al 15%C34 r1 s31CO CITY AND STATE SG,1C�N'N SSI ES ZIP CODE 3,31 r O II. RECEIVER SITE INFORMATION AS APPLICABLE OWNERS NAME A10Q4AJa e'2 16000 XM AC Y PHONE E-MAIL FA ADDRESS /�W CI e©/1JA/S '06 '-' /80Z. CITY AND STATE S (JAIA! l% /s/6n ZIP CODE -3,3/6 0 PROPERTY ADDRESS/LOCATION 17 9 V C7 e©1lit"M S' AVE # /SP:Z . LEGAL DESCRIPTION 19AID1V /' /6"L-79/715 1-1V�/M d(V1JAf0AW Er%/PT� ,OFF irec z9a7Jq, as -v6 FOLIO NUMBER 3/ 14Z//- d$3 '65-4 P CURRENT ZONING PROPERTY SIZE `7 ��J ��� PURCHASE DATE NPlanning and Zoning Department TDR 2011 CFI EXISTING USE OF PROPERTY ��l S��� (20,,fJ 0A4A11tW EXISTING STRUCTURE ON PROPERTY PROPOSED FLOOR AREA RATIO Y 6 %6DENSITY PERCENTAGE OF RIGHTS TO BE RECEIVED SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 01P-3- S� DWELLING UNITS TO BE RECEIVED J� TOTAL FLOOR AREA RATIO INCLUDING TDR �f g9� g,G1 EV TOTAL DWELLING UNITS INCLUDING TDR III. SENDING SITE INFORMATION OWNERS NAME !//A PHONE E-MAIL FAX ADDRESS CITY AND STATE ZIP CODE 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 City of SuWn lsles Beach .....w,............... ,,,w. Planning and Zoning Department TDR 2011 CH IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY THE CITY] NAME PHONE 30, '' q?0' 2-1,3 0 E-MAIL AN I=/ R's ADDRESS19YV igIZACIAl= %uD SAt CITY AND STATE. Fj DATE OF APPRAISAL APPRAISAL VALUE OF SITE Xasa /-FAX 30S ' 30 a©? l IaS..pp, CODE 33 %30 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 ADDRES PHONE E-MAIL F 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 City of Sunny Isles Beach 3 Planning and Zoning Department TDR 2011 CFI (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 W.MMENCING WITH THE DATE OF THE CITY COMMISSION APPROVAL OF PROPEAT1 1Y SENDER SITE, ANY UNUSED DEVELOPEMNT RIGHTS T 1 S NDER SITE SHALL EXPIRE, TERMINATE AND BECOME LE. E OFAVVf WA _ T) .. � ' SIGNATURE OF CO-OWNER (CO -APPLICANT) STATE OF FLORIDA . 3 --)O.) 1 DATE DATE City of Sunny Isles Beach 4 Planning and Zoning Department TDR 2011 CII COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 3 day of� 20,)� by on behalf of E76 A &M9 U?5#13�-2Lca L).0 • , a Florida (corporatioq�,�partnership) (other) A)"Akj5E2 &,8Q V V114a Y . He /She is personallylc dY4" ,/�/qr has produced (type of identifictoidentification and did take an oath. My Commission Expires: STATE OF FLORIDA COUNTY OF MIAMI-DADE N GG Notary Pu �4 a1 •i I of Florida Print Name: F:)t:RC VIsgyti�- 1 71 The foregoing instrument was acknowledged before me this 3 dray of _'5g:? 20a 1 by on behalf of •/��/'� � C_ , a Florida (corporation) (partnership) (other) t_)jje,1A_A40oV2 ,3m1--iOYNI V He/She is psuQnally known to me or has produced (type of identifi a IIIproduced) as identification produced and did take an oath. My Commission Expires: Notary Public, Print Name: G pg•1 G.Z � �;' �` tj Flori ,tge 1' Y�UUnF n01�������\ City of Sunny Isles Beach 5 Planning and Zoning Department RECEIV S P 3 MpI I PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL AN APPRAISAL REPORT OF THE PURCHASE OF TDR'S AS IT PERTAINS TO THE EXPANSION OF A RESIDENTIAL UNIT LOCATED IN THE MANSIONS OF ACQUALINA AT 17749 COLLINS AVENUE, UNIT 1802 SUNNY ISLES BEACH, FLORIDA 33160 Appraisal No. 07-21-311 FOR Florida Turnberry House LLC 17749 Collins Avenue, Unit 1802 Sunny Isles Beach, FL 33160 c/o Marisol Rebolledo Group 3 Contractors BY APPRAISALFIRST Real Estate Appraisers, LLC 1444 Biscayne Boulevard, Suite 211 Miami, Florida 33132 Property Type: Property Description: Date of Value: Date of Report EXECUTIVE SUMMARY A multi -family zoned ocean front parcel of land. Location 17719 Collins Avenue, Unit 1802 Sunny Isles Beach, Florida 33160 Unit Folio No. 31-2211-083-0570 Zoning: MU -R, a mixed use resort district by the City of Sunny Isles Beach, Florida. Site Size: 2.275 acres or 99,099 square feet (Survey& Public Records) - Entire Project Site. Census Tract: 1.26 Flood Zone: X, AE and VE (See Addenda) July 12, 2021 July 13, 2021 Property Rights Appraised: Fee Simple Estate Highest & Best Use: Continuation of the existing condominium project Marketing/Exposure Time: Within 12 months VALUE INDICATIONS Sales Comparison Approach: $125.00 Per SF Final Per SF of Allowable FAR $125.00 c'r Or S WA h�0 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Christopher J. Russo, City Manager FROM: Claudia C. Hasbun, Develoment Services Director DATE: October 21, 2021 RE: Request for Purchase and Assignment of Public Transfer Development Right for the Mansion at Acqulana Unit 1802 (PZ2021-18) RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: According to Site Plan Approval and Transfer Development Rights applications (PZ2021-18) , thi Applicant is requesting to approve the purchase and assignment of Public Transfer Developmeni Rights (TDRs) in the amount of 287 square feet of Floor Area Ratio (FAR) and 0 dwelling units with a adjustment from the City TDRs bank in the amount of 287 square feet of FAR and 0 dwelling units. Thi City shall consider the acceptance of the appraised land value of $125.00 per square feet, for a total of $35,875.00 for the Public TDR's purchase. The Applicant shall provide the City with a non-refundabl( amount of the approved purchased price within the ten (10) working days of approval of the Transfer Development Rights (TDRs) application. ATTACHMENTS: Resolution TDR Application Appraisal Report Item Number: 10.G