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HomeMy WebLinkAboutReso 2014-2275RESOLUTION NO. 2014 -Z2 -75 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF DEVELOPMENT RIGHTS ( "TDRS ") IN THE AMOUNT OF ONE HUNDRED THIRTY SEVEN THOUSAND EIGHT HUNDRED THIRTY THREE (137,833) SQUARE FEET OF FLOOR AREA ( "FAR ") AND FIFTY FIVE DWELLING UNITS (55) TO BEACH ACQUISITION, LLC. FOR THE PROPERTY LOCATED AT 18501 COLLINS AVENUE FROM THE CITY'S TDR BANK ACCOUNT; PROVIDING FOR A CONDITIONAL CREDIT IN THE AMOUNT OF TWENTY FOUR THOUSAND SIX HUNDRED THIRTY FOUR (24,634) AND NINE (9) DWELLING UNIT; DIRECTING THE ZONING ADMINISTRATOR OR DESIGNEE TO TRANSFER THE TDRS FROM THE CITY'S BANK ACCOUNT IN ACCORDANCE WITH ZONING RESOLUTION NO. 14-7-143; AUTHORIZING FOR 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.14•Z• le adopted July 31. 2014. the City Commission approved the zoning application submitted by Beach Acquisition. LLC.. ( "Applicants') for the transfer of TDRS in the amount of One Hundred Thirty Seven Eight Hundred Thirty Three (13)7,833) square feet of floor area and Fifty Five (66) dwelling units: and WHEREAS, pursuant to Section 266 -23E 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 Fifty Seven Million Dollars ($67,000;000) for the receiving site for the purpose of calculating the square foot value of the approved TDRS: and WHEREAS; the Applicant has agreed to donate to the City the land located on 1861' Street and Atlantic Avenue ( "Parking Lot Land ") for a conditional credit of TDRS in the amount of Twenty Four Thousand Six Hundred Thirty Four (24,634) square feet of floor area and Nine (9) dwelling units in accordance with the site plan approved under Zoning Resolution No.14• Z' 143 ; and WHEREAS, subject to conditional credit of TDRS; the City's TDR Bank balance will be adjusted to reflect the sale of TDRS to the Applicant in the amount of One Hundred Thirteen Thousand One Hundred Ninety Nine (113,199) square feet of floor area and Fifty Five (46) dwelling units: and WHEREAS, the Applicant is required to pay a per square foot price of One Hundred Twenty Five Dollars (5126.00) as set forth in the appraisal attached as Exhibit "A ": and Beach Acquisition LLC a /k /a Turnbern Inc TDR Bank Page 1 of 3 WHEREAS. the City Commission agrees to accept Fourteen Million One Hundred Forty Vine Thousand Eight Hundred Seventy Five Dollars ($14;149,875.00) from the Applicant for the payment of TDRS in the amount of One Hundred Thirteen Thousand One Hundred Ninety Nine (113,199) square feet of floor area and Fom Six (46) dwelling units: and WHEREAS. the property receiving the TDRS is located at 18501 Collins Avenue. Sunny Isles Beach and is legally described in Zoning Application No. PZ2014 -08; and WHEREAS, the City Commission wishes to approve the 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 L 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 Riehts. Pursuant to Section 265 -23 of the City Code and in accordance with ZoninQ Resolution No.14.1.141 the City Commission hereby authorizes the transfer of the development rights in the amount of One Hundred Thirty Seven Eight Hundred Thirty Three (137,833) square feet of floor area and Fifty Five (55) dwelling units to Beach Acquisition. LLC. from the City's TDR bank account. The City Commission hereby approves a conditional credit of Twenty Four Thousand Six Hundred Thirty Four (24.634) square feet of floor area and Nine (9) dwelling units for donating and transferring of legal title to the City of Sunny Isles Beach for the Parking Lot Land. If Applicant fails to transfer legal title of the Parking Lot Land to the City. the Applicant shall be required to pay for the conditional credit TDRs based on a $125 per square foot price. Section 3. Directive to Zoning Administrator. The Zoning Administrator or designee is hereby directed to transfer the development rights from the City's TDR Bank to Beach Acquisition, LLC. Inc., in accordance with Zoning Resolution No. 14.1.143 Section 4. Authorizing the Adjustment and Modification of TDRS. The Zoning Administrator is hereby authorize to adjust by decreasing the City's TDR bank account by One Hundred Thirty Seven Eight Hundred Thirty Three (137;833) square feet of floor area and Fifty Five (55) dwelling units subject to the conditional credit of 24, 634 square feet of floor area and 9 dwelling units with the conditional credit. If conditional credit is provided, the adjustment to the City's yTDR bank account shall be 1 13.199 square feet of floor area and 46 dwelling units. Section 5. Authorizing Payment Agreement of the Transfer of Development Riehts. The Applicant shall provide the City with a non - refundable deposit in the amount One Million Four Hundred Fourteen Thousand Nine Hundred Eighty Eight Dollars (S 1.414,988.00) which is 10% of the approved purchased price of Fourteen Million Three Hundred Thousand One Hundred Twenty Five Dollars IS 14.149.875) 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. 14.7.143 Notwithstanding the foregoing. the City Attorney or his designee shall have the authority to use the non - refundable deposit herein and other Beach Acquisition LLC a /k /a Turnberry Inc. TDR Bank Page 2 of 3 TDR payments received from this sale of the TDRs herein to pay off Settlement TDRs referenced in the Settlement Agreement in the case styled "Temple B'Nai Zion v. City of Sammy Isles Beach, Case No. 10- 4549- CIV- KH1i'�', pending in the United States District Court for the Southern District of Florida (the "Lawsuit ") as part of the sale of TDRs to the Applicant. Section 6. Authoritv of the Citv Manager and Cite Attorney. The City 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. PASSED AND ADOPTED this 31 day of July. 2014. ATT. S" Jane A. Fliries9 City Clerk. MMC APPROVED AS TO FORM AND JX�,GAIAOYANEN( Citv Attornev Vote: Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Moved bv: �OMAli4. Sck-,,w Seconded by: V 1 CE MHOL FC _LA M ✓ (Yes) (No) V (Yes) (No) (Yes) (No) (Yes) ('No) –(Yes) —(No) Beach Acgwsirion L.LC a /k /a Turnbem Inc. TDR Bank Page 3 of 3 AppraisalFirst Real Estate Appraisers LLC 1444 Biscayne Buulmrard, Suite 211 Miami, Florida 33132 Phone: 305 -470 -2130 Fax: 305- 381 -8047 .. & mail' midentialQapraisalfint.nel E-mail: eommemialr4appraisalfiru net June 27, 2014 Beach Club Acquisition, LLC 19950 West Country Club Drive, 10'h Floor Aventura, Florida 33180 Re: A multi- family zoned, ocean front, property located at 18501 Collins Avenue, Sunny Isles Beach, Florida 33160. Dear Gentleman: 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, as a fee simple estate. This is an Appraisal Report which is intended to comply with reporting requirements set forth under Standards Rule 2- 2(a) of the Uniform Standards of Professional Appraisal Practice (2014-2015). Under the previous USPAP for 2012 -2013 the report would have been described as a Summary R.-pon The value opinion reported is qualified by certain definitions, limiting conditi(m, w)d ccrti fications which are set forth on pages 35 through 37 of this report. The report inc)vxks rr hpputhetical conditions or extraordinary assumptions. This appraisal report is in compliance with the minimum standards of the t r,fimm Standards of Professional Appraisal Practice ( USPAP 2014- 2015). Because the intended -.r of d+r rgraisal is for internal purposes the report may not be in conformance with Title XI of FIR R EA --.*4 Npartment of the Treasury Interagency Appraisal and Evaluation Guidelines. Exhibit "A" Beach Club Acquisition, LLC Page Two The subject property of this appraisal is the underlying, MU -R zoned, parcel of land that is improved with the Turnbeny Isles Ocean Club. The club house contains a total of 6,690 square feet and was completed in 1984. The subject parcel includes a total area of 99,879 square feet or 2.293 acres (Survey and Public Records). The parcel sits along the east side of Collins Avenue, at about 185' Street and includes about 200 + feet of frontage along the Atlantic Ocean. As per the LDR, at the time of approval of the TDRs, 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. Because of increasing market values and the resulting prohibitive cost of TDR's the client has requested a special extraordinary assumption in determining said costs. As per this request the current cost of the TDR's will be based on an average of sales, over a period of time, of similar type properties in Sunny Isles Beach. This may not equate to the current market value of the site, but rather a purchase price for said TDR's. 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 inaudcd in the addenda. I txavc not provided professional services related to the subject property, as an appraisers or in any odwr ;xofessional capacity, within the prior three years, preceding this date of appraisal. B: r issue of my investigation and analyses, it is the opinion of the appraiser that, the cost per unit . da purchase of TDR's, as they pertain to the subject property, as a fee simple estate, as of May ].. 2v 14, is: $125.00 Per SF of Allowable FAR R n;w%tful ly submitted, Frank Hornstein, MAI State- Certified General Real Estate Appraiser, No. RZ1376 Sales Comparison Approach: 557,000,000 - TDR Cost Basis Final Per SF of Allowable FAR $125.00 EXECUTIVE SUMMARY Property Type: A multi- family zoned ocean front parcel of land. Intended Use: The intended use of the appraisal report will be to assist the client in establishing the cost of Transfer Development Rights (TDR's) as it pertains to the subject property. Intended User: Beach Club Acquisition, LLC and/or assigns. Property Description: Location 18501 Collins Avenue, Sunny Isles Beach, Florida 33160 Folio Number 31 -2202- 003 -0190 Zoning: MU -R, a mixed use resort district by the City of Sunny Isles Beach, Florida. Site Size: 2.293 acres or 99,879 square feet (Survey& Public Records) Census Tract: 1.23 Flood Zone: X, AE and VE (See Addenda) Date of Value: May 22, 2014 Date of Report: June 2?. 2014 Property Rights Appraised: F:e Simple Estate Highest & Best Use: Fume condominium development in accordance with the zoning .dc ws I Sunny Isles Beach LDR. Marketing/Exposure Time: 'A ithtw t 2 ninths VALUE INDICATIONS Sales Comparison Approach: 557,000,000 - TDR Cost Basis Final Per SF of Allowable FAR $125.00 TDR lot I CH City Use Only Date Received JUN - 5 2014 i ," FL00. fFTy OF SUN OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE Clerk of Court Use Only APPLICANT INFORMATION NAME Beach Club Acquisition LLC driordan@turnberry.com PHONE 305 - 682 -4276 E -MAIL FAX ADDRESS 19950 W Country Club Drive 10th Floor CITY AND STATE Aventura Florida ZIP CODE 33180 II. RECEIVER SITE INFORMATION AS APPLICABLE OWNERS NAME Beach Club Acquisition LLC driordan@turnberry.co 305 -682 -4276 E -MAIL FAX ADDRESS 19950 W Country Club Drive 10th F CITY AND STATE Aventura, Florida ZIP CODE 33180 PROPERTY ADDRESS /LOCATION 18501 Collins Ave Sunny Isles Beach FI 33160 LEGAL DESCRIPTION See Attached Survey FOLIO NUMBER 31- 2202 - 003 -0190 CURRENT ZONING MU -R PROPERTY SIZE 2.29 acres PURCHASE DATE March 6 2014 City of Sunny Isles Beach Y . �~� J'F �� uPlanning and Zoning Department MR Nit CH EXISTING USE OF PROPERTY Private Club EXISTING STRUCTURE ON PROPERTY Private Club PROPOSED FLOOR AREA RATIO 5.98 —DENSITY-1 54 Units PERCENTAGE OF RIGHTS TO BE RECEIVED 30% SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 137.883 DWELLING UNITS TO BE RECEIVED 0 TOTAL FLOOR AREA RATIO INCLUDING TDR 595,345 square feet TOTAL DWELLING UNITS INCLUDING TDR 154 Units III. SENDING SITE INFORMATION OWNERS NAME City of Sunny Isles Beach PHONE 305 - 947 -0606 E- MAILchasbun @sibfl.net FAX 305- 949 -3113 ADDRESS 18070 Collins Avenue CITY AND STATE Sunny Isles Beach, Florida ZIP CODE 33160 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 SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK N/A DWELLING UNITS TRANFERED TO TDR BANK N/A City of Sunny Isles Beach �+ -��� 2 _� wM Planning and Zoning Department MR M11 M IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY THE CITY] NAME Appraisal First Real Estate Appraisers, LLC ftank@appraisalfirst.net PHONE 305 -470 -2100 E -MAIL FAX 305 - 381 -8047 ADDRESS 1444 Biscayne Boulevard Suite 211 CITY AND STATE Miami. Florida ZIP CODE 33132 DATE OF APPRAISAL To be submitted. APPRAISAL VALUE OF SITE To be submitted. 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 N/A PHONE E -MAIL FAX Vt. SURVEY COMPANY INFORMATION NAME OF SURVEYOR N/A PHONE E -MAIL VII. PROPERTY OWNER CERTIFICATION NAME OF COMPANY N/A PHONE E -MAIL F VII1.OUTDOOR CODE VIOLATIONS, AS APPLICABLE City of Sunny Isles Beach ��� Planning and Zoning Department roR Nil CH (PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR) N/A IX. CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING ADJACENT LOTS X. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGEMENT 1 HEREBY CERTIFY THAT 1) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHEMNTS ARE TRUE 2) 1 AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTION (11) (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) 1 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 SITE SHALL EXPIRE, TERMINATE AND l BECOME/ EXTINGUISHED AND UNUSABLE. I�w�� vt —^ • -Or evo'tm \oJ SIGNATURE OF OWNER (APPLICANT) DATE SIGNATURE OF CO -OWNER (CO- APPLICANT) DATE STATE OF FLORIDA City of Sunny Isles Beach ����� d�� n Planning and Zoning Department TOR 3011 CH COUNTY OF MIAMI -DADE The foregoing instrument was acknowled ed before me this t day of 7M) me, 20th, by 1 I2Rao N111biQ on behalf of Nub A r o \,. L LQ_ a Florida (corporation) (partnership) (other) l , ham# 1 cal; i H ti c He She is personally known to me or has produced (type of identification produced) as identification and did take an oath. 1 My Commission Expires: Notary Public State of Florida CYNtF9A C CIARCM E(a MY fAFLNI5S10 11 MEE09B83 �U,ir q i 2 S :'M yra,2ols Print Name: Bondedvougo10sTCtep,=creade STATE OF FLORIDA COUNTY OF MIAMI -DADE The foregoing instrument was acknowledged before me this day of 20 , by on behalf of produced and did take an oath. My Commission Expires: , a Florida (corporation) (partnership) (other) He/She is personally known to me or has produced (type of identification produced) as identification Notary Public, State of Florida at Large Print Name: City of Sunny Isles Beach S Planning and Zoning Department r aD FL00. 4� L s f C'rr Of SUM e�C TO: FROM: VIA: DATE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949-3 1 13 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM The Honorable Mayor and City Commission Claudia Hasbun, Zoning Administrator /Planning Manager Christopher J. Russo, City Manager July 31, 2014 RE: Turnberry Ocean Club - 18501 Collins Avenue Appl. No. PZ2014 -08 REQUEST: Transfer Development Rights City Commission Norman S. Edelcup, Wayor [sane Aelion, Vice Mayor Jeanette Gatto, Commissioner Jennifer Levin. Commissioner George "Bud" Scholl. Commissioner Christopher J. Russo, City Afanager Hans Ottinot, City Aaorney Jane A. Hines, MMC, City Clerk The Applicant is requesting to approve the transfer of Transfer Development Rights (TDRs) in the amount of 137,833 square feet of development rights and 55 dwelling units with a conditional credit of 24,634 square feet of floor area and 9 dwelling units. The City TDR Bank account adjustment shall reflect 137,833 square feet of development rights and 55 dwelling units subject to the conditional credit. The Applicant has agreed to donate to the City the land located on 185 to Street and Atlantic Avenue known as the Turnberry parking lot for a conditional credit of TDRs in the amount of 24,634 square feet of floor area and 9 dwelling units. The City shall consider the acceptance of the appraised land value of $125.00 per square feet, for a total of $14,300,125 for the TDRs purchase for 113,199 square feet of floor area and 46 dwelling units, based on the conditional credit of TDRs. 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 $1,430,013. The deposit is required within the three (3) working days of approval of the Transfer Development Rights (TDRs) application. RECOMMENDATION: Staff has no objection to the TDRs assignment provided that all conditions for the Site Plan are satisfied. ATTACHMENTS: • Resolution • Appraisal Summary • TDR Application Agenda Item 5A Date -7-31-1