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HomeMy WebLinkAboutReso 2026-3997RESOLUTION NO. 2026 - 376157 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CONFIRMING THE BALANCE OF TRANSFER OF DEVELOPMENT RIGHTS ("TDRs") CURRENTLY HELD IN THE TDR BANK ACCOUNTS BY THE CITY OF SUNNY ISLES BEACH AND PRIVATE OWNERS, ATTACHED HERETO AS EXHIBIT "A"; REQUIRING YEARLY UPDATES FOR TDRs BANK ACCOUNTS; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the TDR Ordinance has played an instrumental role in making the City greener by facilitating the creation of open space throughout the City; and WHEREAS, the City Commission wishes to confirm the amount of TDRs currently owned by the City of Sunny Isles Beach and private owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Development Rights Account Balance. The City Commission hereby confirms the balance of Transfer of Development Rights owned by the City and private owners attached as Exhibit "A". Section 2. Authority of the City Manager. The City Commission hereby directs the City Manager or designee to provide yearly updates of TDR Bank account balances and to do all things to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become k PASSED AND ADOPTED this 19th day o March 20 6. Larisa Svechin, Mayor Madricio Betancur, CMC, City Clerk n adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney @BCL@9014D5C2 Page 1 of 2 119 AD Moved byAulSSlON .- ii,5 Seconded by: O' I Q�� LMD, Vote: / Mayor Svechin ✓I Yes) (No) Vice Mayor Viscarra ✓ (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) @BCL@9014D5C2 Page 2 of 2 120 Exhibit A CITY of City of Sunny Isles Beach \S LES y , , � Transferable Development Rights (TDR) Bank z�� 2025 Annual Report N Table 1: City -Owned Sender Sites and TDRs Gwen Margolis Park 17815 N. Bay Rd. Ismat Corp. and Simcha Dubitzky 98-78 248,292 143 Pelican 'Comrrrumty Park " . �t 18115 N Bay Rd.; � Ismat Corp: `.; = 99-133;;-- 166;240 -100 Golden Shores Park 210-215 191 Ter. Antonio DaSilva 2003-561 11,512 2 Porto Bellag"io 17620 Atlantic Blvd: Porto"Bellagio Partners, LLC ' 2005-755 ,' 131,611 72 Heritage Park 19200 Collins Ave. Crescent Heights XLIV, Inc. 2006-911 533,200 283 Joseph Mazacco Irrevocable. Bella Vista Park" 500 Sunny Isles Blvd' . " 2006=1010 54,232 21, . , Flonda�Trust., Oceania Park 16320 Collins Ave. Intercoastal Management, Ltd. 2007-1120 11,568 6 Gateway Center 287 Sunny Isles, Blvd: Phyllis Goldman; Trust ' 2008-1213 No address, lot located east of Gateway Center St. Tropez III, LLC 2008-1270 53,905 12 287 Sunny Isles Blvd. Cent 21525unnrles Blvd. Gold"Clu anLK; Inc -Gateway 2009-1400,er 223,879 95 ; 2010-1523;b;nc Intracoastal Park 16100 Collins Ave. Malibu Plaza on the Bay LLC 2009-1452 86,095 47 Gateway Center ". 151 Sunny Isles Blvd. RK Associates Vlll Inc. " " 2009-1453 223,879" 95 Intracoastal Park 16200 Collins Ave. Plaza Isles LLC 2009-1478 89,951 50 Intracoastal Pa"rkr 16050 Collins Ari Properties, Inc. "" 2009�1483 74,530 41 Intracoastal Park 16000 Collins Ave TRG Sunny Isles VII West, LLC 2011-1810 77,250 38 Intracoastal Sports'Park 15800 Collins Ave .; ' Dezer"Universal, LLC-, 2015-2405" 80,000 38, Golden Shores Park 18590 Collins Ave Corner House, LLC 2016-2511 62,685 30 (fka Corner House) 2014 3 The Spot 215185;St. Beach Club Acquisition LLC 26,888 " 10 < , 2022-3289. Le Richelieu 18126 Atlantic Blvd. S&B Atlantic Blvd, LLC 2023-3589 43,353 26 Total City -Owned TDRs: 2,415,889 1,214 Page 1 of 7 121 Table 2: TDRs Transferred from City -Owned Sender Sites S&G of Miami Beach, Inc. King David Ord. 2003-188 31,266 18 IVlandalay LLC Sayan Ord.:2004 206 36 477 21 <. Benge Enterprises, Inc, LSB Investments, Sunny Isles Beach Entertainment Corp. and Franco Posteraro and Domenico Figlia St. Tropez 2005-786 112,905 65 Mansiana Ocean Residences LLC*** IMansiana Ocean Residences 1 2005-859 1 63,820 1 37 Sunny Isles Resort LLLP ** Ocean Beach Resort 2006-1005 0 0 TRG Desert Inri Ventures, Ctd , Ocean IV 2007 1027 ;, 9,757 5 R.K. Associates Vill, Inc. (Donation of 151 Sunny Isles Blvd)* _ 2009-1479 58,500 30 t?laza Isl"es, LLC(Donation of 16200 Gollrns Ave)* s� 2009 1479 40,000 20 „y Milton/St. Tropez III (Donation of Sunny Isles Blvd. 2008-1270 29,403 12 parking lot)* J Deter Development, LLC (Donation)***. Alamo`Site 2011 1795 0 0 Gilco Realty, LLC (Donation of 18070 Collins Ave)* Porsche Design 2011-1811 81,000 42 18555 Collms 1]ev, CL"C'�* Porsche Design 2012 1913 0 0 LPLA Partners, LP Mansions at Acqualina 2011-1831 25,000 9 bold Club, Inc (SettlementAgreerne:nt) 2010 1523 20,000r 10 Towne Center Development Properties, LLC St. Topez I & II 2012-1990 94,680 45 Temple;6'Nai Zon Iris (Settlement°Ageeernent) ,"..`; , . iTurnberry '; „' ;' _ „ 2014 2274 , 15,000.Beach Acquisition, LLC **** Ocean Club 2014-2275 113,199 46 Table 2 continued on next page... Page 2 of 7 122 Table 2 continued on next page... Page 3 of 7 123 *Donation of TDRs provided as part of real estate transactions. ** TDRs were not used and transaction was cancelled. *** Development not constructed, the TDRs were transferred to a private sub -account. **** Applicant received TDR credit for donating 215 185 St. Page 4 of 7 124 Table 3: TDR Transactions from City -Owned Sender Sites Table 3 continued on next page... Page 5 of 7 125 * Applicant paid 10% of non-refundable deposit, but development order expired and TDRs were returned to the City. ** Applicant received a credit of $204,775 for undergrounding utilites and $841,580 as part of a real estate transaction. *** Payments are transfer fees collected by the City to release West side only condition. **** The purchase price of $5,156,017 was increased by an additional $252,485 of interest payments. ***** The purchase price of $4,500,206 was decreased by $380,957 due to settlement of outstanding loan agreement. ****** TDRs were not used by the Applicant and were reverted to the City. Page 6 of 7 126 Table 4: Private Transferable Development Rights (TDR) Bank Accounts * Per Reso 2009-1398, "Any owner of privately owned development rights (TDRs) acquired pursuant to Section 265-23 of the City Code may request a ten (10) year extension to utilize development rights purchased from a private party. The owner of said TDRs shall pay to the City an annual fee..." Page 7 of 7 127 CPC 9�k PLOW �14. fTY 4F SUN 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: Stan Morris, City Manager FROM: Amy Canales, Planning and Zoning Director DATE: March 19, 2026 RE: Transferable Development Rights (TDRs) Bank Account Annual Update (2025) RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City Commission wishes to confirm the amount of development rights that are currently owned by the City and private owners under the Transferable Development Rights (TDRs) program. The document attached to the Resolution as Exhibit A delineates the amount of development rights that are in each TDR bank account. Table 1 outlines the City -owned sender sites that have been created since adoption of the TDR ordinance. These are the properties owned by the City that have had the development rights severed and may be transferred to eligible receiver sites. Since the last TDR annual report, the Le Richelieu property located at 18126 Atlantic Boulevard was added to the list of sender sites, which contributed 43,353 square feet of floor area and 26 dwelling units. To date, the City has deposited 2,412,433 square feet of floor area and 1,212 dwelling units into the TDR bank as available for transfer. Table 2 shows the amount of City -owned TDRs that have been transferred to private parties. Since the last TDR annual report, there has been three transfers to the Mansions of Acqualina for balcony Item Number: 9.1­1 117 enclosures, totaling 931 square feet of floor area (applications PZ2025-06, PZ2025-09, PZ2025-12). Also since the last TDR annual report, there has been one site plan approval for the Miami Beach Club development project, which resulted in a transfer of 120,972.18 square feet of floor area and 48 dwelling units (application PZ2025-08). The total amount of TDRs transferred to date is 1,908,118 square feet of floor area and 947 dwelling units. There is a current balance of 340,561 square feet and 219 dwelling units available for transfer. Table 3 shows the funds collected and uncollected by the City from TDR transactions for development projects. To date, the City has collected $77,407,863.75 from the sale of TDRs. An additional $50,417,939.00 will be collected by the City in the near future from approved TDR transfers that are subject to payment agreements or will be collected at building permitting. Notably, the St. Regis Residences project located at 18801 Collins Avenue has an outstanding balance of $22,517,066.00, the Bentley Residences project located at 18401 Collins Avenue has an outstanding balance of $14,134,446.50, and the Miami Bach Club project located at 19051 Collins Avenue has an outstanding balance of $13,609,370.25. Interest payments from TDR payment agreements are not part of the statement. Finally, Table 4 shows the active privately -owned TDR bank accounts. There are two active privately - owned TDR bank accounts that have had all of the TDRs assigned to a specific project. The private account owned by Dezer Universal, LLC has 15,161 square feet and 7 dwelling units assigned to the Bentley Residences development project and the private account owned by La Playa Associates, LLC has 75,000 square feet and 35 dwelling units assigned to the St. Regis Residences development project. Since the last TDR annual report, the St. Tropez Beach Developers, LLC private account has expired and the TDRs (19,287 square feet and 9 dwelling units) are now null and void. Per Resolution 2009-1398, the City Commission adopted a formal policy that a private account may be active for up to ten years, with the payment of an annual extension fee. The private TDR account for St. Tropez Beach Developers, LLC was approved by City Commission via Resolution 2015- 2429, which was ten years ago. ATTACHMENTS: Resolution TDR Annual Report Item Number: 9.H 118