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HomeMy WebLinkAboutReso 2014-2303RESOLUTION NO. 2014- 2303 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 FIFTEEN THOUSAND SEVEN HUNDRED NINETY SEVEN (15,797) SQUARE FEET OF FLOOR AREA ( "FAR ") AND SEVEN (7) DWELLING UNITS TO GSF ACQUISITION, LLC. FOR THE PROPERTY LOCATED AT 17901 COLLINS AVENUE FROM THE CITY'S TDR BANK ACCOUNT; DIRECTING THE ZONING ADMINISTRATOR OR DESIGNEE TO TRANSFER THE TDRS FROM THE CITY'S BANK AC OUNT IN ACCORDANCE WITH ZONING RESOLUTION NO. 1+Z- ; 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.Itj.Z' �!4adopted September 18, 2014; the City Commission approved the zoning application submitted by GSF Acquisition. LLC., ( "Applicant ") for the transfer of TDRS in the amount of Fifteen Thousand Seven Hundred Ninety Seven (15,797) square feet of floor area and Seven (7) dwelling units; and WHEREAS; pursuant to Section 265 -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 One Hundred Forty Million Dollars ($140,000,000) 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 One Hundred Twenty Five Dollars ($125.00) as set forth in the appraisal attached as Exhibit "A ": and WHEREAS, the City Commission agrees to accept One Million Nine Hundred Seventy Four Thousand Six Hundred Twenty Five Dollars (S 1974,625) from the Applicant for the payment of Fifteen Thousand Seven Hundred Ninety Seven (15,797) square feet of floor area and Seven (7) dwelling units of TDRs; and WHEREAS. the property receiving the TDRS is located at 17901 Collins Avenue, Sunny Isles Beach and is legally described in Zoning Application No. PZ2014 -09; 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: GSF _Acquisition a /k /a Palazzo Di Acqualina - City TDR Bank Page 1 of 3 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. I 2..Iy4the City Commission hereby authorizes the transfer of the development rights in the amount of Fifteen Thousand Seven Hundred Ninety Seven (15,797) square feet of floor area and Zero (0) dwelling units to GSF Acquisition, LLC. from the City's TDR bank account. 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 -7 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 Fifteen Thousand Seven Hundred Ninety Seven (15,797) square feet of floor area and Seven (7) dwelling units. Section 5. Authorizing Payment Agreement of the Transfer of Development Rights. The Applicant shall provide the City with a non - refundable deposit in the amount One Hundred Ninety Seven Thousand Four Hundred Sixty Three Dollars (5197,463) which is 10% of the approved purchased price of One Million Nine Hundred Seventy Four Thousand Six Hundred Twenty Five Dollars (51,974,625) within. three (3) working days of the approval of this Resolution. The remainder of the payment is due prior to issu ce of the building permit for the site plan approved in accordance with Zoning Resolution No. I Z -1 Section 6. 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 7. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this IS day of September, 2014. ATTEST: P Jane A. Hines „City Clerk; MMC GSF Acquisidon a /k /a.Palazzo Di Acqualina - Gi TDR Bank Page 2 of 3 APPROVED AS TO FORM AND LECNL SUFFICIENCY: 'A", � __ Hats O inot, City Attorney Vote: S_o Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Moved by: �� r _ �CF -(bLL Seconded by: NA 'St c.2 /y\aAApY A5--Ll"O PQ ►O(Yes) (No) ✓(Yes) (No) ✓(Yes) (No) ✓ Yes) (No) Yes) (No) GSF Acquisition a /k /a Palazzo Di Acqualina - City TDR Bank Page 3 of 3 AN APPRAISAL REPORT OF A MULTI - FAMILY ZONED OCEAN FRONT PARCEL LOCATED AT 17901 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA 33160 Appraisal No. 07 -14 -304 FOR GSF Acquisition, LLC c/o Mr. Brian T. Degnan Vice President & Associate General Counsel 17780 Collins Avenue, 2nd Floor Sunny Isles Beach, FL 33160 -. APPRAISALFIRST Real Estate Appraisers, LLC 1444 Biscayne Boulevard, Suite 211 Miami, Florida 33132 OkiAppraisalFirst Real Estate Appraisers LLC 1444 Biscayne Boulevard, Suite 211 Miami, Florida 33132 Phone: 305- 470 -2130 Fax: 305 -381 -8047 E -mail: residentialnaapraisalfirst.net E -mail: co mmercial(@,appraisalfirst.net July 30, 2014 GSF Acquisition, LLC c/o Mr. Brian T. Degnan Vice President & Associate General Counsel 17780 Collins Avenue, 2nd Floor Sunny Isles Beach, FL 33160 Re: A multi - family zoned, ocean front, property located at 17901 Collins Avenue, Sunny Isles Beach, Florida 33160. Dear Mr. Degnan: As requested, I have prepared the attached appraisal report of the above referenced property. The purpose of the lKeport is to estimate a cost per unit for the purchase of Transfer Development Rights (TDR's), as it �ertains 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) 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 Report The value opinion reported is qualified by certain definitions, limiting conditions and certifications which are set forth on pages 37 through 40 of this report. The extraordinary assumption as it relates to market value is stated herein. The report is also premised upon the hypothetical condition that the property is vacant and ready for development. The property is currently improved with a 152 residential unit time share resort known as Golden Strand Ocean Villa Resort. This appraisal report is in compliance with the minimum standards of the Uniform Standards of Professional Appraisal Practice ( USPAP 2014 - 2015). Because the intended use of the appraisal is for internal purposes the report may not be in conformance with Title XI of FIRREA and Department of the Treasury Interagency Appraisal and Evaluation Guidelines, GSF Acquisition, LLC c/o Mr. Brian T. Degnan Page Two The subject property of this appraisal is the underlying, MU -R zoned, parcel of land that is improved with said Golden Strand Ocean Villa Resort. These improvements, which include multiple structures, were generally completed in 1980. The subject parcel includes a total area of 243,988 square feet or 5.601 acres (Survey and Public Records). The parcel sits along the east side of Collins Avenue, at about 180 "' Street and includes about 500 ± feet of frontage along the Atlantic Ocean. 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. 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. GSF Acquisition, LLC c/o Mr. Brian T. Degnan Page Three I have not 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 28, 2014, is: $125.00 Per SF of Allowable FAR Respectfully submitted, Frank Hornstein, MAI State - Certified General Real Estate Appraiser, No. RZ1376 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 (TDB's) as it pertains to the subject property. Intended User: GSF Acquisition, LLC and /or assigns. Property Description: Date of Value: Date of Report: Property Rights Appraised: Highest & Best Use: Marketing /Exposure Time: VALUE INDICATIONS Location 17901 Collins Avenue, Sunny Isles Beach, Florida 33160 Folio Number 31- 2202 - 017 -0010 through 1800 Zoning: MU -R, a mixed use resort district by the City of Sunny Isles Beach, Florida. Site Size: 5.601 acres or 243,988 square feet (Survey& Public Records) Census Tract: 1.26 Flood Zone: X, AE and VE (See Addenda) July 28, 2014 July 30, 2014 Fee Simple Estate Future condominium development in accordance with the zoning code and Sunny Isles Beach LDR. Within 12 months Sales Comparison Approach: $140,000,000 Final Per SF of Allowable FAR $125.00 TDR 2011 CH PLANNING & ZONING DEPT. SJNNY lsz Q s O � ?� 7 i P t, r /Ty PN0 APPLICATION FORM TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE Clerk of Court Use Only I. APPLICANT INFORMATION NAME GSF Acquisition, LLC BrianD @trumpgroup.com PHONE 305 - 935 -3110 E -MAIL FAX 305 - 466 -3334 ADDRESS 4000 Island Boulevard, PH -2 CITY AND STATE Aventura, Florida ZIP CODE 33160 II. RECEIVER SITE INFORMATION AS APPLICABLE OWNERS NAME Golden Strand Ocean Villa Resort Association Inc PHONE 954- 491 -1120 E- MAVnard.lubart@gmlaw.coRX 954 - 771 -9264 ADDRESS Greenspoon Marder, P.A., 200 East Broward Boulevard, Suite 1800 CITY AND STATE Fort Lauderdale, Florida ZIP CODE 33301 PROPERTY ADDRESS /LOCATION 17901 Collins Avenue LEGAL DESCRIPTION See Attached. FOLIO NUMBER 31 2202 - 017 -0001 t East Parcel CURRENT ZONING PROPERTY SIZE +/- 5.601 acres M PURCHASE DATE Mav 7 901 rcontractdate) City ofiSunny Isles Beach`v ,.,T yw+ " 16` i4f " 3 w`? Planning and Zoning Department TDR 2011 CH EXISTING USE OF PROPERTY Timeshare Condominium EXISTING STRUCTURE ON PROPERTY Multi -story structure PROPOSED FLOOR AREA RATIO 4.4 DENSITY 190 PERCENTAGE OF RIGHTS TO BE RECEIVED 4,5% SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 14,639 square f ..t DWELLING UNITS TO BE RECEIVED 27 TOTAL FLOOR AREA RATIO INCLUDING TDR TOTAL DWELLING UNITS INCLUDING TDR 190 III. SENDING SITE INFORMATION OWNERS NAME City of Sunny Isles Beach PHONE 305 -947 -0606 E- MAILchasbun ansibfl 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 DA EXISTING USE OF PROPERTY N/A EXISTING STRUCTURES ON PROPERTY BASE FLOOR AREA RATIO PERMITTED N/A Ill_1 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 .Ci—ty of �..k..b ,,.....,, ..,..,.. n, g .... �.:o, 'n-..,,,,.,- D.,e,Aa- r- «�- .e.n "t- City of Sunny Isles Beach 2 Planning and Zoning Department TDR 2011 CH IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY THE CITY] NAME AppraisalFirst Real Estate Appraiser, LLC residential @appraisalfirst.net PHONE 305 - 470 -2130 E -MAIL FAX 305 - 381 -8147 ADDRESS 1444 Biscayne Boulevard, Suite 211 CITY AND STATE Miami, Florida ZIP CODE 33132 DATE OF APPRAISAL -TulU 50, 204 APPRAISAL VALUE OF SITE L� (�� CXOb 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 ADDRESS N/A PHONE E -MAIL FAX N/A VI. SURVEY COMPANY INFORMATION NAME OF SURVEYOR ADDRESS N/A PHONE N/A E -MAIL N/A FAX VII. PROPERTY OWNER CERTIFICATION NAME OF COMPANY ADDRESS N/A N/A PHONE N/A E -MAIL N/A FAX N/A VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE City of Sunny Isles Beach 3 - Planning and Zoning Department TDR 2011 CH (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 PURCHASER 2) I AM THE 0144NER 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. .... .... . .. - _. 2 f4fl.IED R�4 T-W� C-IT-34 A.4ANAGER. 'PUN R-FAMOVAT PROM T14 • • • ••! • • • •! • • AS ► \ ! SITE, e ► 2 \ \ •• �d► Rffifffs TRANSFERRED FRE)?Vt THE SEN9ER BEGOME FX:F4iGJc4181!E9AN9 �#Sitiefh DATE SIGNATURE OF CO -OWNER (CO- APPLICANT) DATE STATE OF FLORIDA City.of Sunny Isles Beach ........ s,.,.. .Planning and Zoning Department TDR 2011 CH COUNTY OF MIAMI -DADE as The foregoing instrument was acknowledged before me this day of July 2014 by 1 /,10 T Of6lb #0 on behalf of GSF Acguisition, LLC u l ,, i d (eei:Per- tion) (paFtnor -s ip) (other) Delaware Limited Liability Company He /fie is personally known to me or has pve4u4ed (type of identification produced) as identification and did take an oath. My Commission Expires: �� &►, yk MICHELE SMITH a NOTARY PUBLIC STATE OF FLORIDA Comm# EE879185 s�NCE 19�0� Expires 2/28/2o17 STATE OF FLORIDA COUNTY OF MIAMI -DADE la j6wujt Notary Public State of Florida Print Name: (/N /,r# 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 barge Print Name: City of Sunny Isles Beach 5 Planning and Zoning Department LEGAL DESCRIPTION OF PROPERTY EAST OF COLLINS AVENUE That portion of the property originally declared to be GOLDEN STRAND OCEAN VILLA RESORT, A CONDOMINIUM, according to the Declaration of Condominium thereof, recorded on March 28, 1982, in Official Records Book 11392, at Page 336, as amended by Amendment to Declaration of Condominium of Golden Strand Ocean Villa Resort, a Condominium, recorded May 17, 1982, in Official Records Book 11441, Page 1296, as amended and restated by that Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, attached to that Amendment to Declaration recorded on January 25, 1984, in Official Records Book 12035, page 2760, as further amended by that Second Amendment to Declaration, recorded July 26, 1985, in Official Records Book 12587, page 71, by that Third Amendment to Declaration of Condominium of Golden Strand Ocean Villa Resort, a Condominium, recorded on December 2, 1988, in Official Records Book 13911, page 1241, by that Fourth Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, recorded on January 17, 1989, in Official Records Book 13961, page 1828, by that Fifth Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort, a Condominium, recorded on August 27, 2004, in Official Records Book 22612, page 4950, and by that Certificate of Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort Association, Inc., recorded on October 30, 2006, in Official Records Book 25054, page 2195, and by that Seventh Amendment to Declaration of Condominium recorded on May 7, 2014 in Official Records Book 29141, at page 2986, all in the Public Records of Miami -Dade County, Florida, described as: Tract "Q" of AMENDED PLAT OF NORTH BISCAYNE BEACH, according to the plat thereof, recorded in Plat Book 44, Page 42, of the Public Records of Miami -Dade County Florida. Surveyor's Note: GOLDEN STRAND OCEAN VILLA RESORT, A CONDOMINIUM, previously included the following real property which was removed and withdrawn from the Condominium by that Certificate of Amendment to the Amended and Restated Declaration of Golden Strand Ocean Villa Resort Association, Inc., recorded on October 30, 2006, in Official Records Book 25054, page 2195 recorded in the Public Records of Miami -Dade County, Florida: A portion of Tract "A" of THE PEOPLES PROPERTY according to the plat thereof, as recorded in Plat Book 106, Page 37 of the Public Records of Miami -Dade County, Florida, less and except the South 125.00 feet of said Tract "A" being more fully described as follows: Begin at the Northwest corner of said Tract "A'; thence on a bearing of East along the North line of said Tract "A" for 200.00 feet to the Northeast corner thereof; thence continue on a bearing of South 06 006'20" West along the Easterly line of said Tract "A" for 60.00 feet; thence on a bearing of East along the Northerly line of said Tract "A" for 50.00 feet to the East line of said Tract "A "; thence South 06 °06'20" West along the East line of said Tract "A" for 74.29 feet; thence on a bearing of West along a line parallel with and 125.00 feet North of as measured at 90 °00'00" from the South line of said Tract "A" for 250.00 feet to a point on the West line of said Tract "A "; thence North 06 °06'20" East along said West line of said Tract "A" for 134.28 feet to the Point of Beginning Subject to the Easement described in that certain Warranty Deed recorded in Official Records Book 12000, Page 92 of the Public Records of Miami -Dade County, Florida. MIADOCS 9578199 3