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RECORDED o1/21/2111
HARVEY RUM4 CLERK OF COURT
RESOLUTION NO. 2014- 2,3,Z
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 FORTY NINE THOUSAND EIGHTEEN (49,018)
SQUARE FEET OF FLOOR AREA ("FAR") AND TEN (10)
DWELLING UNITS TO SUNNY ISLES PROPERTY VENTURE,
LLC. FOR THE PROPERTY LOCATED AT 15701 AND 15795
COLLINS AVENUE FROM THE CITY'S TDR BANK ACCOUNT;
DIRECTING THE ZONING ADMINISTRATOR OR DESIGNEE
TO TRANSFER THE TDRs FROM THE CITY'S BANK ACCOUNT
Ili ACCORDANCE WITH ZONING RESOLUTION NO.
._z— r 41 ; AUTHORIZING FOR THE ADJUSTMENT AND
MODIFICATION OF THE CITY'S TDR l ANK; PROVIDING THE
CITY MANAGER AND CITY ATTORNEY WITH THE
AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
I
WHEREAS, by Zoning Resolution No. €x, .,.1444 dopted on October 16, 2014 the City
Commission approved the zoning application submitted by Sunny Isles Property Venture, LLC
("Applicant") for the transfer of TDRs in the amount of 132,463 square feet of floor area and 52
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
Fifty Five Million Dollars ($55,000,000) for the receiving site for the purpose of calculating the
square foot value of the approved TDRs; and
WHEREAS, the City's TDR Bank balance will be adjusted to reflect the sale of TDRs to
the Applicant in the amount of Forty Nine Thousand Eighteen (49,018) square feet of floor area
and Twenty Six (23) dwelling units; 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 Six Million One Hundred Twenty
Seven Thousand Two Hundred Fifty Dollars ($6,127,250.00) from the Applicant for the payment
of TDRs in the amount of Forty Nine Thousand Eighteen (49,018) square feet of floor area and
Twenty Three (23) dwelling units; and
WHEREAS, the receiving site for the TDRs is located at 15701 and 15795 Collins
Avenue, Sunny Isles Beach and is legally described in Zoning Application No. PZ2014-11; and
Sunny Isles Property Venture-City TDR Bank Page 1 of 3
WHEREAS, the City Commission wishes to approve the transfer of the TDRs
contemplated herein in accordance with its TDRs ordinance.
NOW
y7 THEREIN ORE, BE7[IpT�RESOLVED BY THE CITY COMMISSION OF THE
CITY O%' 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 Transfer of Development Rights. Pursuant to Section 265-23 of the
City Code and in accordance with Zoning Resolution No.l?, -1/1(6 the City Commission hereby
authorizes the transfer of the development rights in the amount of Forty Nine Thousand Eighteen
(49,018) square feet of floor area and Ten (10) dwelling units to Sunny Isles Property Venture,
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 Sunny Isles Property
Venture, LLC. in accordance with Zoning Resolution No. le4 2°, - 4
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 Forty Nine Thousand
Eighteen (49,018) square feet of floor area and Twenty Three (23) dwelling units.
Section 5. Payment Agreement for the Transfer of Development Rights. The Applicant shall
provide the City with a non-refundable deposit in the amount Six Hundred Twelve Thousand Seven
Hundred Twenty Five Dollars ($612,725) which is 10% of the approved purchased price of Six
Million One Hundred Twenty Seven Thousand Two Hundred Fifty Dollars ($6,127,250) 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. 11 q-7.- qtr.
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 16th day of October, 2014.
'-/-1:°)--- /2- / / ./ / /7 i r ;1fi j l e,..''
Norman S. Edelcup; Mayor m
f
Sunny Isles Property Venture-City TDR Bank Page 2 of 3
li Pi:!;::,:i, Fr.il!:4'!:.;;I:::•:•
•
ATTEST:
\,
Jane A. Hines, MMC, City Clerk
APPROVED i S TO FORM
ANDA.:,'1 • I , 't FFICIENCY:
/
/ Ari , 1&
/ ,...., . /1 y Attorney
/H. 1 r4trot, ,,,
I' \
- V
Moved by:
(
Seconded by:
Vote: ;--o
Mayor Edelcup V(Yes) (No)
Vice Mayor Aelion ;.,*(Yes) (No)
Commissioner Gatto '/(Yes) (No)
Commissioner Levin . V(Yes) (No)
Commissioner Scholl V (Yes) (No)
Sunny Isles Property Venture-City TDR Bank Page 3 of 3
--■
TDR 2011 CH
City Use Only
Date Received
Date Issued
Resolution
Tr OF SVN na
APPLICATION FORM
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
I. APPLICANT INFORMATION
p�CE w
D
SEP _ 5 2014
2 20►k1— 1
PLANNING & ZONING DEPT.
Clerk of Court Use Only
NAME- Sunny Isles Property Venture LLC
PHONE 305 - 351 -1000 E -MAIL eimery(a- ).fortuneintlgroup.com FAX 305 - 371 -6213
ADDRESS 1300 Brickell Avenue
CITY AND STATE Miami, FL ZIP CODE 33131
II. RECEIVER SITE INFORMATION AS APPLICABLE
OWNERS NAME Sunny Isles Property Venture LLC (as to 15701 Collins)
Sunny Isles OP Venture LLC (as to 15795 Collins)
PHONE 305 -351 -1000 Email: eimerv(aZfortuneintlgroup.com FAX 305 - 351 -6213
ADDRESS 1300 Brickell Avenue
CITY AND STATE Miami, FL ZIP CODE 33131
PROPERTY ADDRESS/LOCATION 15701 and 15795 Collins Avenue
LEGAL DESCRIPTION See attached Exhibit "A"
FOLIO NUMBER 31-2214-008-0030: 31- 2214 - 008 -0040 CURRENT ZONING MU -R
City of Sunny Isles Beach t Planning and Zoning Department
W ADOCS 9709956 1
TDR 2011 CH
PROPERTY SIZE 2.2 acres (95.988 so. ft.) PURCHASE DATE 1215113 (as to 15701 Collins):
2/7114 (as to 15795 Collins)
EXISTING USE OF PROPERTY Vacant: temporary sales center
EXISTING STRUCTURE ON PROPERTY Partially constructed "Solis" structure and
temporary sales center.
PROPOSED FLOOR AREA RATIO 5.98 FAR DENSITY 211 units
PERCENTAGE OF RIGHTS TO BE RECEIVED 30%
SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 132.463 so. ft.
(See attached Exhibit "B ")
DWELLING UNITS TO BE RECEIVED 52 units (See attached Exhibit "B ")
TOTAL FLOOR AREA RATIO INCLUDING TDR 574,008 so. ft.
TOTAL DWELLING UNITS INCLUDING TDR 211 units
III. SENDING SITE INFORMATION
OWNERS NAME City of Sunny Isles Beach (as to TDRs identified on Exhibit `B ")
PHONE 305 - 947 -0606 E -MAIL chasbun cDsibfl.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
City of Sunny Isles Beach 2 Planning and Zoning Department
MIADOCS 9709956 1
TDR 7011 CH
SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK N/A
DWELLING UNITS TRANFERED TO TDR BANK N/A
IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE
APPROVED BY THE CITY]
NAME Appraisal First Real Estate Appraisers, LLC
PHONE 305 -470 -2130 E -MAIL frank g.appraisalfirst.net FAX .305 -470 -2159
ADDRESS_ 1444 Biscayne Blvd., Suite 211
CITY AND STATE_ Miami, Florida ZIP CODE 33132
DATE OF APPRAISAL September 3, 2014
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 N/A
ADDRESS
PHONE E -MAIL FAX
VI. SURVEY COMPANY INFORMATION
NAME OF SURVEYOR
PHONE E -MAIL F
City of Sunny Isles Beach Z Planning and Zoning Department
MIADOCS 9709956 1
TOR 2011 CH
VII. PROPERTY OWNER CERTIFICATION
NAME OF COMPANY
ADDRESS N/A
PHONE E -MAIL FAX
VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE
(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
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 H (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 INTO 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 SITE SHALL EXPIRE, TERMINATE AND
BECOME EXTINGUISHED AND UNUSABLE.
City of Sunny Isles Beach
MIADOCS 9709956 1
4 Planning and Zoning Department
iDR 2011 CH
4Z;_;
SIGNATURE OF OWNTER (APPLICANT) DATE
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
The foregoing instrument was acknowledged before me this y day of
S" : hftk , 2014, by �-7Jctav-do::E mevv on behalf of Sunny Isles Property
Venture LLC, a Delaware limited liability company. He /She is personally known to
me or has producedo -L Qriuer's !..'tense (type of identification produced) as
identification and did take an oath.
My Commission Expires: (vi to h7 � �%, �E. CAa
Notary Public State of Florida
BENJAMIN E, wdsoN
MY 00WAISSIO4 # FF 032M
` EXPIRES: October W. 2017
�+rr•��q�` Ba�Ad llry BUdiUN:pryMrcl:u
SItTKrlJRF7i3F OWNER (APPLICANT)
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Print Name: �� ��cum l d� �'• W 4 (< aC
DATE
The foregoing instrument was acknowledged before me this day of
Sb� , 2014, by on behalf of Sunny Isles OP Property
Venture LLC, a Delawar limited liability company. He /She is personally known to
me or has produced�PL .Q-('Uey's h,Zens4 (type of identification produced) as
identification and did take an oath.
My Commission Expires: 10110117
µ
BENJAMIN E. WILSON
Notary Public State of Florida
,o ;•••.'4,
* t MY COMMISSION f FF
EXPIRES:Oclobe r 10,, 2017 2011 Print Name: � `L�" -��^ �• ��I'�sc�'�
�yarr LndrdiMU l.dBrlN:9rylwl:u
City of Sunny Isles Beach S Planning and Zoning Department
M[ADOCS 9709956 1
EXHIBIT "A"
Property Address: 15701 Collins Avenue, Sunny Isles Beach, FL
Legal Description: The North Y2 of Lot 77, and all of Lot 78, TATUM'S OCEAN BEACH
PARK, according to the plat thereof, as recorded in Plat Book 5, at
Page 35, of the Public Records of Miami -Dade County, Florida,
lying East of the following described line: Beginning 290.00 feet
West of the Easterly monument of the South line of Lot 76 of the
aforesaid subdivision, thence North 11 °11'16" East, for a distance
of 611.59 feet to the North line of Lot 81, of said subdivision.
Property Address: 15795 Collins Avenue, Sunny Isles Beach, FL
Legal Description: Lot 79 of TATUM'S OCEAN BEACH PARK, according to the Plat
thereof, as recorded in Plat Book 5, at Page 35, of the Public
Records of Miami -Dade County, Florida, which lies East of the
Easterly right of way line of State Road A -1 -A per State Road Right
of Way Map Section 87060 -2104, Miami -Dade County, Florida.
ALSO KNOWN AS:
Lot 79 of TATUM'S OCEAN BEACH PARK, according to the Plat
thereof, as recorded in Plat Book 5, at Page 35, of the Public
Records of Miami -Dade County, Florida, which lies East of the
following described line, namely: Beginning 290 feet West of the
most Easterly monument on the South line of Lot 76 of TATUM'S
OCEAN BEACH PARK, North 11 °11'16" East for a distance of
611.59 feet to the North line of Lot 81 of TATUM'S OCEAN BEACH
PARK.
EXCEPT:
That portion of the aforedescribed premises hereto deeded to
Miami -Dade County, Florida, for highway purposes.
MIADOCS 9714195 1
EXHIBIT "B"
FAR
76,232 sq. ft.
132,463 sq. ft.
Private TDRs per Resolution 2014 -2181
30% TDRs
*currently held by applicant
7,213 sq. ft.
Private TDRs per Resolution 2012 -1989*
*to be assigned concurrent with site plan approval
49,018 sq. ft.
City -owned TDRs
MIADOCS 9714195 1
39 units
52 units
Private TDRs per Resolution 2104 -2181
30% TDRs
*currently held by applicant
3 units
Private TDRs per Resolution 2012 -1989*
*to be assigned concurrent with site plan approval
10 units
City -owned TDRs
MIADOCS 9714195 1
SHUTTS
BOWEN
LLP
Founded 1910
DAVID J. COVIELLO
PARTNER
(305) 415 -9437 Direct Telephone
(305) 415 -9837 Direct Facsimile
September 26, 2014
VIA HAND DELIVERY
Ms. Claudia Hasbun, Zoning Administrator
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
�_CE VJE11
�
SEP ? 6 2014 L
PLANNING & ZONING DEPT.
Re: Second Amended Letter of Intent — Sunny Isles Property Venture
E -MAIL ADDRESS:
dcoviello@shutts.com
Property: 15701 and 15795 Collins Avenue (collectively, the "Property ")
Requests: Application for Site Plan Approval; Approval for Use of
Private and City-owned TDRs; Approval for Use of Mural and
Graphic Design on Temporary Construction Fence; and
Approval for Modification to the Median (collectively, the
"Application ")
Dear Ms. Hasbun:
This firm represents the applicant, Sunny Isles Property Venture LLC (the "Applicant'),
in connection with its Application. On behalf of the Applicant, we respectfully submit this
Second Amended Letter of Intent in conjunction with our site plan submission seeking approval
to redevelop the Propertyl with a stunning, high -end residential project that will complement and
further define the iconic skyline of the City of Sunny Isles Beach (the "City "). To achieve this,
the Applicant has retained the internationally acclaimed architecture firm of Arquitectonica to
design the Project, which will consist of 212 residential units and resident amenities (e.g.,
I The Property consists of two parcels that will be joined by Unity of Title prior to the issuance of a building permit
for the development of the Project.
MIADOCS 9857730 1 16821.0027
1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • Fr 305.381.9982 • w' w'w.shutts.com
MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM
Ms. Claudia Hasbun, Zoning Administrator
City of Sunny Isles Beach
September 26, 2014
Page 2
swimming pools, cabanas, restaurant and spa) 2 within a 50 -story, 649 foot high tower containing
approximately 574,008 square feet (the "Project "). The Project is consistent with the provisions
of the City's Comprehensive Plan and Land Development Regulations ( "LDRs "), and we are
pleased to state that no variances are required.
In accordance with LDRs, the Applicant respectfully requests the following:
I. Site plan approval adopting the plans entitled "Sunny Isles Property Venture LLC,
15701 & 15795 Collins Ave., Sunny Isles Beach, Fl" as prepared by the
architecture firm of Arquitectonica (collectively, the "Site Plan");
2. Approval of an increase in floor area ratio in accordance with Sections 265 -35 of
the LDRs utilizing the following bonuses:
a. 0.10 - Beach Access Bonus;
b. 0.60 - Public Beach Recreational Enhancement Bonus;
C. 0.60 - Collins Avenue Public Streetscape Enhancements Bonus;
d. 0.20 - Sunny Isles Public Parking Bonus;
e. 0.20 - Public Oceanfront Park And Open Space Enhancements Bonus;
f. 0.20 - Educational And Cultural Infrastructure Bonus; and
g. 0.20 - Beach Access Trust Fund Contribution.
Approval of the utilization of Transferred Development Rights ( "TDRs ") to
increase the density and intensity of the Project by 30% in accordance with
Section 265 -23 of the LDRs as follows:
a. Approval of the utilization of 83,445 square feet and 42 units of private
TDRs in accordance with Section 265 -23 of the LDRs3;
b. Approval of the utilization of 49,018 square feet and 10 units of City -
owned TDRs in accordance with Section 265 -23 of the LDRs;° and
` All amenities will be for the use of residents and their guests, and the proposed cabanas will be utilized in
accordance with Section 265- 35D(16)(c) of the LDRs as defined herein.
3 On January 16, 2014, the City Commission adopted Resolution 2014 -2181 approving the assignment of transfer
development rights consisting of 76,232 square feet and 39 units to the Applicant t0 be utilized on this Property.
See Exhibit "A." The remaining 7,213 square feet and 3 units will be privately assigned to the Applicant pending
approval of the City Commission.
MiADOCS 9857730 1 16821.0027
1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fx 305.381.9982 • wwsv.shutts.com
MIAMI FORT LAUDERDALE WEST PALM REACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM
Ms. Claudia Hasbun, Zoning Administrator
City of Sunny Isles Beach
September 26, 2014
Page 3
4. Approval for the use of a mural and graphic design on a temporary construction
fence in accordance with Section 265- 63.3(G) of the LDRs.
5. Approval of modifications to the existing median to accommodate a southbound
left turn lane onto the Project at the intersection of Bayview Drive and Collins
Avenue. As provided in the Applicant's traffic study prepared by David Plummer
& Associates dated September 2014, the traffic signal will also be modified to
incorporate the entry driveway.
In addition to the aforementioned requests, please note the following:
Optional design flexibility setback:
Consistent with Section 265- 35(4)(d) of the LDRs, the Applicant exercises its option to
provide for a minimum side setback of 25 feet for purposes of design flexibility. Accordingly,
the Applicant agrees to provide to the City the designated fee payment in the amount of
$1,000,000.00 for the City's maintenance of adjacent public beach access, streetscape and park
improvements.
Art in public places:
Consistent with Section 104 -4.4 of the LDRs, the Applicant will provide art in
conjunction with the development of the Project at a cost of 1% of the estimated construction
costs, not exceeding the sum of $500,000.00 (the "Required Contribution ") subject to future
review and approval by the City, or in the alternative, pay into the Public Art Trust Fund an
amount equal to the Required Contribution. In the event that the Applicant provides art that is
less than the Required Contribution, the Applicant will pay an amount equal to the difference
between the Required Contribution and the value of the proposed art, including acquisition and
installation costs.
Finally, the Applicant has had preliminary discussions with the Florida Department of
Environmental Protection regarding the siting of the proposed building in relationship to the
Coastal Construction Control Line. In addition, the Applicant will coordinate with multiple
other reviewing agencies, including but not limited to, Miami -Dade County School Board,
Miami -Dade County Fire Department, Miami -Dade County Water and Sewer Department, the
Florida Department of Transportation, and the Federal Aviation Administration. The Applicant
On February 20, 2014, the City Commission adopted Resolution 2014 -2207 providing a credit for payment of
MRS or bonus payments in the amount of $250,000.00 upon approval of a site plan for the Property. See Exhibit
"B." In the event that the City Commission approves the Project, the Applicant intends to apply the aforementioned
credit to the 10% deposit due in accordance with Section 265- 23(E)(2Xb).
MIADOCS 9857730 1 16821.0027
1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fir 305.381.9982 • www.shutts.com
MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM
Ms. Claudia Hasbun, Zoning Administrator
City of Sunny Isles Beach
September 26, 2014
Page 4
understands and acknowledges that all required agency approvals must be obtained prior to
initiating construction. The Applicant will continue to meet and discuss the Project with these
agencies throughout the site plan review process.
Based on the foregoing, we respectfully request your favorable review and
recommendation of the Application. In the event you have any questions or require anything
further, please do not hesitate to contact me at 305- 415 -9437.
Thank you in advance and we look forward to working with you on this Project.
Sincerely,
Shutts & Bowen LLP
David J. Coviello
DJC /sm
Enclosures
MIADOCS 9857730 1 16821.0027
1500 Miami Center • 201 South Biscayne Boulevard. Miami, Florida 33131 • ph 305.358.6300 • rz 305.381.9982 • w .shuttsxom
MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM
1'
AppraisalFlrst
Real Estate Appraisers LLC
1444 Biscayne Boulevard, Suite 211
Miami, Florida 33132
Phone: 305 -470 -2130
Fax: 305 -381 -8047
E -mail: residentialAamaisalfirst.net
E- mail: commercial�7a aoomisalfirst.net
September 3, 2014
Sunny Isles Property Ventures, LLC
1300 Brickell Avenue,
Miami, Florida 33131
Re: A multi - family zoned, ocean front, property located at 15701 and 15795 Collins Avenue,
Sunny Isles Beach, Florida 33160.
Dear Gentlemen:
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) 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 36 through 38 of this report. The extraordinary assumption as it relates
to market value is stated herein. The report is not premised upon a hypothetical condition.
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.
The subject property of this appraisal consists of two, contiguous, MU -R zoned, parcels of land
located at the southern tip of Sunny Isles Beach, Florida. The combined parcels contain 2.2036 acres
or 95,988 square feet (Survey). The parcels include a total of approximately 200 feet of frontage
along Collins Avenue and the erosion control line of the Atlantic Ocean.
Sunny Isles Property Ventures, LLC
Page Two
The southernmost parcel, 15701 Collins Avenue, includes a partial shell structure from a previously
proposed project known as Solis. The northern parcel, 15795 Collins Avenue, is basically vacant,
currently houses a mobile or manufactured sales office for a neighboring project. The parcels are
currently under a single ownership and a large scale residential- condominium project is planned.
All existing improvements will be removed.
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.
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.
Sunny Isles Property Ventures, LLC
Page Three
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
September 2, 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 (TDR's) as it
pertains to the subject property.
Intended User:
Sunny Isles Property Ventures, LLC and/or assigns.
Property Description:
Location 15701 and 15795 Collins Avenue,
Sunny Isles Beach, Florida 33160
Folio Number 31- 2214 -008 -0030 and 0040
Zoning: MU -R, a mixed use resort district by the City of
Sunny Isles Beach, Florida.
Site Size: 2.2036 acres or 95,988 square feet (Survey)
Census Tract: 1.30
Flood Zone: X, AE and VE (See Addenda)
Date of Value:
September 2, 2014
Date of Report:
September 3, 2014
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: $55,000,000
Final Per SF of Allowable FAR $125.00
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
r
o(305) 947 -0606 City Hall
o: SUN 'S: 949 -3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Claudia Hasbun, Planning and Zoning Administrator
DATE: 10/16/2014
RE: Sunny Isles Property Venture, LLC - Transfer Development Rights
Application
15701 & 15795 Collins Avenue
Appl. No. PZ2014 -11
RECOMMENDATION:
Based on staff review of the submitted TDRs application, the application is consistent
with the City's Comprehensive Plan and the City's Land Development Regulations and
staff does not have any objection to the assignment and transfer.
REASONS:
The Applicant is requesting approval of the assignment and purchase of Transfer
Development Rights ( "TDRs ") in the amount of 132,463 square feet of floor area and 52
dwelling units where 83,445 square feet of floor area and 42 dwelling units are from a
private TDRs' bank account and 49,018 square feet and 23 dwelling units are from the
City's Transfer of Development Rights Bank ( "TDR Bank "). The City Commission shall
consider the acceptance of the appraised land value in the amount of Fifty Five Million
Dollars ($55,000,000) for the receiving site for the purpose of calculating the square foot
value of the approved TDRs, where the Applicant has agreed to pay $125.00 per square
feet. The total amount to be paid to the City is Six Million One Hundred Twenty Seven
Thousand Two Hundred Fifty Dollars ($6,127,250.00) from the Applicant for the
payment of TDRs in the amount of Forty Nine Thousand Eighteen (49,018) square feet
of floor area and Twenty Three (23) dwelling units. However, the assignment to the
Applicant will be Forty Nine Thousand Eighteen (49,018) square feet of floor area and
Ten (10) dwelling units. The Applicant shall provide the City with a non - refundable
deposit in the amount Six Hundred Twelve Thousand Seven Hundred Twenty Five
Dollars ($612,725) which is 10% of the approved purchased price of Six Million One
Hundred Twenty Seven Thousand Two Hundred Fifty Dollars ($6,127,250) within three
(3) working days. The Zoning Administrator is hereby authorize to adjust by decreasing
the City's TDR bank account by Forty Nine Thousand Eighteen (49,018) square feet of
floor area and Twenty Three (23) dwelling units.