HomeMy WebLinkAboutReso 2015-2497 111111111111111111111111111111111111111111111
CFN 201580759524
OR BK 29871 P9s 4303-4311 (9Pss)
RECORDED 12/01/2015 15:17:25
HARVEY RUVIN, CLERK OF COURT
RESOLUTION NO. 2015-Z-19 1 MIAMI-DADE COUNTY, FLORIDA
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 TWO HUNDRED EIGHTY THREE THOUSAND
FOUR HUNDRED EIGHTY FIVE (283,485) SQUARE FEET OF
FLOOR AREA ("FAR") AND ONE HUNDRED NINETEEN (119)
DWELLING UNITS TO LA PLAYA BEACH ASSOCIATES, LLC
FOR THE PROPERTY LOCATED AT 18801 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. 15:1-156 ; 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.1'-Z.IS4 adopted November 19, 2015, the City
Commission approved the zoning application submitted by La Playa Beach Associates, LLC.,
("Applicant")for the transfer of TDRs in the amount of Two Hundred Eighty Three Thousand Four
Hundred Eighty Five(283,485) square feet of floor area and One Hundred Nineteen(119)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 Eighteen Million Dollars ($118,000,000.00) 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) of Floor Area as set forth in the appraisal attached as Exhibit "A";
and
WHEREAS, the City Commission agrees to accept Thirty Five Million Four Hundred
Thirty Five Thousand Six Hundred Twenty Five Dollars ($35,435,625) from the Applicant for the
payment of Two Hundred Eighty Three Thousand Four Hundred Eighty Five(283,485) square feet
of floor area and One Hundred Nineteen (119) dwelling units of TDRs; and
WHEREAS, the property receiving the TDRS is located at 18801 Collins Avenue, Sunny
Isles Beach, FL 33160 and is legally described in Zoning Application No. PZ2015-16; and
WHEREAS, the City Commission wishes to approve the transfer of the TDRs
contemplated herein in accordance with its TDRs ordinance.
La Playa Beach Associates,LLC a/k/a Vaxadexo-City TDR Bank Page 1 of 3
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 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 No. I6-z-I ,the City Commission hereby
authorizes the transfer of the development rights in the amount of Two Hundred Eighty Three
Thousand Four Hundred Eighty Five(283,485) square feet of floor area and One Hundred Nineteen
(119) dwelling units to La Playa Beach Associates, 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 La Playa Beach
Associates, LLC. Inc., in accordance with Zoning Resolution No.Ig-2_15,
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 Two Hundred Eighty
Three Thousand Four Hundred Eighty Five (283,485) square feet of floor area and One Hundred
Twenty (120) 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 Three Million Five
Hundred Forty Three Thousand Five Hundred Sixty Dollars ($3,543,560) which is 10% of the
approved purchased price of Thirty Five Million Four Hundred Thirty Five Thousand Six Hundred
Twenty Five Dollars ($35,435,625) 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.15 Z-15G
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 19 day of November, 2015.
a
George .'. Scholl, Mayor
La Playa Beach Associates,LLC a/k/a Varadero-City TDR Bank Page 2 of 3
.: ATTEST:
.11' ; LALLI)
(Jane A.;Hin'es, City Clerk, MMC
'.
-.'APPROVED-AS TO FORM
AND4LEG•a SUFFICIENCY:
4.111q1
Ha .v'-0 Trot, C!y Attorney
Moved by: t b i
Seconded by: \(k Cc IAR613® t' GhTT O
Vote: t)
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Gatto ✓ (Yes) (No)
Commissioner Aelion Vi (No)
Commissioner Goldman /,(Yes) (No)
Commissioner Levin (Yes) (No)
La Playa Beach Associates,LLC a/k/a Varadero-City TDR Bank Page 3 of 3
•
MR 7011 CH
City Use Only [E C E D W
r4;40:;;,:ro'D s46,
Date Received
Date Issued 4i n OCT 2 2015 I.Jd
Resolution * ��?��j�p�::a•.Y��� '` 2 • •QS — 0 Co
�: ' _S` aP" P PLANNING & ZONING DEPT.
CTY OF 504 P1O
APPLICATION FORM
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
Clerk of Court Use Only
I. APPLICANT INFORMATION
NAME La Playa Beach Associates, LLC
eimery@fortuneintlgroup.com
PHONE 305-351-1000 E-MAIL FAX 305-371-6213
ADDRESS 1300 Brickell Avenue
CITY AND STATE Miami, Florida ZIP CODE - 33131
II. RECEIVER SITE INFORMATION AS APPLICABLE
OWNERS NAME La Playa Beach Associates, LLC
eimery@fortuneintlgroup.com
PHONE 305-351-1000 E-MAIL FAX
ADDRESS 1300 Brickell Avenue
CITY AND STATE Miami, Florida ZIP CODE 33131
PROPERTY ADDRESS/LOCATION 18801 Collins Avenue, Sunny Isles Beach, FL
LEGAL DESCRIPTION • See Attached
FOLIO NUMBER 31-2202-003-0120 CURRENT ZONING MU-R
PROPERTY SIZE 4.716 acres PURCHASE DATE 11/19/2014
City of Sunny Isles Beach .l � s ¢� Y"jaA Planning and Zoning Department
TDR 2011 CH
EXISTING USE OF PROPERTY _ Vacant
EXISTING STRUCTURE ON PROPERTY Vacant
PROPOSED FLOOR AREA RATIO 5.98 DENSITY 110 units/acre
PERCENTAGE OF RIGHTS TO BE RECEIVED 30%
SQUARE FOOTAGE OF FLOOR AREA TO BE.RECEIVED 283,485.12 square feet
DWELLING UNITS TO BE RECEIVED 120 units
TOTAL FLOOR AREA RATIO INCLUDING TDR 1,228,435 square feet
TOTAL DWELLING UNITS INCLUDING TDR 522 units
III. SENDING SITE INFORMATION
•
OWNERS NAME City of Sunny Isles
PHONE 305-947-0606 E-MAIL chasbun@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 — " ,n2�..,n,,.., ...,n,�._,R.,. �_, w.:#✓Planning and Zoning Department
TDR 2011 CH
IV. APPRAISAL INFORMATION-AS APPLICABLE [APPRAISER MUST BE
APPROVED BY THE CITY]
NAME Frank Hornstein, MAI (AppraisalFirst Real Estate Appraisers, LLC)
frank @appraisalfirst.net
PHONE 305-321-0318 E-MAIL FAX 305-470-2159
ADDRESS 1444 Biscayne Boulevard, Suite 211
• CITY AND STATE Miami, Florida ZIP CODE 33132
DATE OF APPRAISAL SEPTeMIR
APPRAISAL VALUE OF SITE +[?�
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 N/A
ADDRESS
PHONE E-MAIL FAX
VII. PROPERTY OWNER CERTIFICATION
NAME OF COMPANY
ADDRESS N/A
PHONE E-MAIL FAX
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
l) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHEMNTS
ARE TRUE
2) I AM THE OWNER 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 AR_ISING 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) 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 EXTT.GyI ED AND UNUSABLE.
101 / IS
SIGNATURE OF OWNER(APPLICANT) DATE
SIGNATURE OF CO-OWNER(CO-APPLICANT) DATE
STATE OF FLORIDA
City of Sunny Isles Beach Planning and Zoning Department
•
TDR 201i CH
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
O&toio'! 20/ by "Ed UCt rd Vmer on behalf of Lo■ p).
, a Florid(corporation) (partnership (other)
LL C . He /She is personally known to me or has produced
(type of identification produced) as identification
and did take an oath.
My Commission Expires: I 2 ; '��, !a I f •
Not. Public Stat: of Florida
SABRINA FERREIRA
i
OR Bra 29871 PG 4-311
APPRAISAL REPORT LAST PAGE
•
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: La Playa Beach Associates LLC and/or assigns.
property Description:
Location 18801 Collins Avenue, •
Sunny Isles Beach,Florida 33160
l Folio Number 31-2202-035-0010 through 3460
Zoning: MU-R,a Mixed use resort district by the City of
Sunny Isles Beach,Florida.
Site Size: 4.72 acres Or 205,429 square feet(Survey)
•
Census Tract: - 1.23
Flood Zone: X,AE and VE(See Addenda)
. Date of Value: September 30,2015
Date of Report: October 1, 2015
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: $118,000,000
Final Per SF of Allowable FAR $125:00
E C IE l U E
S _ OCT - 22015
PZ 2OIS- Ic
•
PLANNING & ZONING DEPT.
i i