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HomeMy WebLinkAboutReso 2014-2339RESOLUTION NO. 2014- 233q A RESOLUTION OF THE CITY CO?V[MISSION OF THE CITY OF SUN'N'Y ISLES BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF DEVELOPMENT RIGHTS ( "TDRs ") IN THE AMOUNT OF THIRTEEN THOUSAND SEVEN HUNDRED SIXTY SIX (13,766) SQUARE FEET OF FLOOR AREA ("FAR ") AND ZERO (0) DR'ELLING UNITS TO 17700 COLLINS AVENUE OWNER, LLC. FOR THE PROPERTY LOCATED AT 17700 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 IN ACCORDANCE WITH ZONING RESOLUTION NO. I - -1 ; AUTHORIZING FOR THE ADJUSTMENT AND MODIFICATION OF THE CITY'S TDR BANE; 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.1ti � adopted on November 20`h, 2014 the City Commission approved the zoning application submitted by 17700 Collins Avenue Owner, LLC ( "Applicant') for the transfer of TDRs in the amount of 13,766 square feet of floor area and 0 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 Four Million One Hundred Fifty Thousand Dollars (S4,150,000) for the receiving site for the purpose of calculating the square foot value of the approved TDRs; and WHEREAS, the Citv's TDR Bank balance will be adjusted to reflect the sale of TDRs to the Applicant in the amount of Thirteen Thousand Seven Hundred Sixty Six (13,766) square feet of floor area and Eight (8) dwelling units: and WHEREAS, the Applicant is required to pay a per square foot price of Forty Three Dollars (S43.00) as set forth in the appraisal attached as Exhibit "A'; and WHEREAS, the City Commission agrees to accept Five Hundred Ninety One Thousand Nine Hundred Thirty Eight Dollars (S591938.00) from the Applicant for the payment of TDRs in the amount of Thirteen Thousand Seven Hundred Sixty Six (13,766) square feet of floor area and Zero (0) dwelling units; and WHEREAS, the receiving site for the TDRs is located at 17700 Collins Avenue._ Sunnv Isles Beach and is legally described in Zoning Application No. PZ2014 -14; and 17700 Collins Avenue Owner, LLC - Cirr TDR Bank Page I of 3 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 CONEMISSION 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 Transfer of Development Rights. Pursuant to Section 265 -23 of the City Code and in accordance with Zoning Resolution \o4-Z_(0, the City Commission hereby authorizes the transfer of the development rights in the amount of Thirteen Thousand Seven Hundred Sixty Six (13,766) square feet of floor area and Zero (0) dwelling units to 17700 Collins Avenue Owner, 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 17700 Collins Avenue Owner, LLC. in accordance with Zoning Resolution No. (. 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 Thirteen Thousand Seven Hundred Sixty Six (13,766) square feet of floor area and Eight (3) dwelling [nits. Section 5. Payment Agreement for the Transfer of Development Rights. The Applicant shall provide the City with a non - refundable deposit in the amount Fifty Nine Thousand One Hundred Ninety Five Dollars (S59,195) which is 10% of the approved purchased price of Five Hundred Ninety One Thousand Nine Hundred Thirty Eight Dollars (S591,933) 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. (y -Z- g Section 6. Authoritv of the Citv Manager and Citv Attomev. 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 20' day of November, 2014. 17700 Collins Avenue Owner, LLC - On. TDR Bank Page 2 of 3 ATTEST: Gin,Q- Jane A. HI. nes, MMC, City Clerk APPROVED A TO FORM AND LEf;1��FFICIENCY: Attorney Vote: S —b Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Moved by: C✓ L 1OO Seconded by: 0,6IW^lIaQz%b &A e SC�� (Yes) (No) (/(Yes) (No) Yes) (\'o) (Yes) (No) (Yes) (No) 17700 Collins Avenue Owner, I.I.0 - Cin- TDR Bank Page 3 of 3 AppraisalFirst Real Estate Appraisers LLC 1443 Biscayne Boulevard, Suite 211 Miami, Florida 33132 Phone: 305470 -2130 Fax: 305 -381 -8047 E -mail: residential0daoaisalfirst.net E -mail: commercial0appaisalfirst.net September 17, 2014 Robert I, Finvarb President and Chief Executive officer Robert Finvarb Companies 1065 Kane Concourse, Suite 201 Bav Harbor Islands; Florida 33154 Re: A commercially zoned property located at 17700 Collins Avenue, Sunny Isles Beach, Florida 33160. Dear Mr. Finvarb: 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 complywith 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 32 through 34 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 is the underlying commercially zoned, land area that is improved with a retail store that was completed in 1957 and contains 14,637 square feet of building area. The subject parcel contains 32,085 square feet or .737 acres of land area (Survey). Robert 1, Finvarb President and Chief Executive officer Page Two 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. 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 15, 2014, is: S43.00 Per SF of Allowable FAR Respectfully submitted. Frank Hornstein, MAI State - Certified General Real Estate Appraiser, No. RZ1376 EXECUTIVE SUDIbIARY Property Type: A commercially zoned parcel of land. Intended Use: The intended use of the appraisal report will be to assist the client in establishine the cost of Transfer Development Rights (TDR's) as it pertains to the subject property. Intended User: Robert Finvarb Companies and/or assigns. Property Description: Location: 17700 Collins Avenue, Sunny Isles Beach, Florida 33160 Folio 31- 2211 - 004 -004 -0380 Number: Zonin ,a: B -1, Neighborhood Business District by the City of Sunny Isles Beach, Florida. Site Size: .7323 acres or 31.900 square feet (Public Records) .7366 acres or 32,085 square feet (survey). Census Tract: 1.26 Flood Zone: AE Date of Value: September 15, 2014 Date of Report: September 17, 2014 Property Rights Appraised: Fee Simple Estate Highest & Best Use: Future mixed use development in accordance with the zoning code and Sunnv Isles Beach LDR. Marketing/Exposure Time: Within 12 months VALUE INDICATIONS Market Value Sales Comparison Approach: $4,150,000 Final Per SF of Allowable FAR 543.00 yF �• FLOP\ y4 f�T` OF SUN 'aG TO: VIA: FROM DATE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Claudia Hasbun, Planning and Zoning Administrator November 20, 2014 RE: 17700 Collins Avenue Owner, LLC. — TDRs Application Residence Inn by Marriott — Sunny Isles Beach 17700 Collins Avenue Appl. No. PZ2014 -14 City Commission Norman S. Edelcup, Mayor Isaac Aelion, Vice Mayor Jeanette Gatto, Commissioner Jennifer Levin, Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo, City Manager Hans Ottinot, City Attomey Jane A. Hines, City Clerk REQUEST: The Applicant is requesting to approve the utilization of public TDRs in the amount of 13,766 square feet of development rights and 0 dwelling units. However, the reduction from the City's TDRs bank will reflect a total of 13,766 square feet and eight (8) dwelling units. The effect of the TDR's purchase and approval on the project would be an increase in F.A.R. only since this project does not include a residential component. The appraisal report reflects the square foot value of a TDRs as Forty Three Dollars ($43.00) per square foot. Thus, the total TDR purchase is $591,938. The Applicant shall provide the City with a non - refundable deposit in the amount of ten percent (10 %) of the approved purchased price of $591,938 for the Transfer Development Rights (TDRs) purchased from the City Bank. The total amount of the deposit is $59,195. Failure to pay the required deposit within the three (3) working days of approval of the Transfer Development Rights (TDRs) application and site plan application shall result in an automatic voiding of the City Commission approval of the Receiving Site, transfer of Transfer Development Rights (TDRs), and site plan approval. 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 of TDRs. ATTACHMENTS: Resolution TDRs application Appraiser Report — Executive Summary