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HomeMy WebLinkAboutReso 2011-1831 RESOLUTION NO. 2011-lI2..31 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 TWENTY FIVE THOUSAND (25,000) SQUARE FEET OF FLOOR AREA AND NINE UNITS (9) TO LPLA PARTNERS, LP FOR THE PROPERTY LOCATED AT 17749 COLLINS A VENUE 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 t1''Z-/~if, AUTHORIZING THE ADJUSTMENT AND MODIFICATION OF THE CITY'S TDR BANK; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Zoning Resolution No. H-Z-IAl/ adopted December 22, 2011, the City Commission approved the zoning application submitted by LPLA Partners, LP., ("Applicant") for the transfer of TDRs in the amount of 25,000 square feet of floor area and 9 dwelling units; and WHEREAS, the City's TDR Bank balance will be adjusted to reflect the sale ofTDRs to the Applicant to reflect the reduction of twenty five thousand (25,000) square feet of floor area and nine(9) dwelling units; and WHEREAS, pursuant to Section 265-23D 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 Twenty Four Million Five Hundred Thousand Dollars ($24,500,000) 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 $65 as reflected in the appraisal attached hereto as Exhibit "A"; and WHEREAS, the City Commission agrees to accept One Million Six Hundred Twenty Five Thousand Dollars ($1,625,000) by the Applicant for the transfer of twenty five thousand (25,000) square feet of floor area and nine (9) dwelling units; and WHEREAS, the property receiving the TDRS is described as follows: Parcel 1. Portion of Govt. Lot 6 Tatum's Ocean Park Subdivision (PB 10-64) N 100 ft. of Tract 4 East of State Route AlA and S 100 ft. of Tract A (PB 35-51) WHEREAS, the City Commission agrees to authorize the transfer of the TDRs contemplated herein in accordance with its transfer of development rights ordinance. LPLA Partners, LP. TDR Bank Page 1 of3 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. 11-2-1'2.~ the City Commission hereby authorizes the transfer of the development rights in the amount of 25,000 square feet of floor area and 9 dwelling units to LPLA Partners, LP. from the City's TDR account. Section 3. Directive to Zoning Administrator. The City's Zoning Administrator or designee is hereby directed to transfer the development rights from TDR Bank to LPLA Partners, LP., in accordance with Zoning Resolution No. 11-2-1 ~c.J Section 4. Authorizing Payment Agreement of the Transfer of Development Rights. The Applicant shall provide the City with a non-refundable deposit in the amount $162,500 which is the 10% of the approved purchased price of $1,625,000 within three (3) working days of the approval of the Transfer Development Rights (TDRs) application. 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. ll-'2.-1'A4 Section 5. Authority of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 6. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 22nd day of December, 2011. ,. . e./ . . : ATTEST: .~~ ,. ,,'.' ':!: . ,....., .. ." . ":.~.,Jane'A. Hines, CitY, Clerk "'. \ ~.. ",',' \, \. . >>~ ; '~1.", ' '~';"J:;;:~' ,J . . APPROVE)) AS TO FORM AND :GAJ FFICIENCY: LPLA Partners, LP. TDR Bank Page 20f3 Vote: s- 0 Mayor Ede1cup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl LPLA Partners, LP. TDR Bank Page 3 of3 Moved by: -114 ~ -r11M..\O~ Seconded by: -Cv)V.~ AcC.J.-\ biU ~(Yes) V (Yes) V (Yes) 1L:{Y es) ~Yes) _(No) _(No) _(No) _(No) _(No) '\ j / \ " i \ " / EXHIBIT "A" EXECUTIVE SUMMARY Property Type: A multi-family zoned parcel of land Report Type: Summary Intended Use: The intended use of this appraisal is to help negotiate the purchase price of Transfer Development Rights (TDR's). Intended User: LPLA Partners, LP, its general council and/or assigns~ Location: 17749 Collins Avenue, Sunny Isles Beach, Florida 33160 Site Description: Site Size: 99,099 square feet or 2.275 acres MU-R, a mixed use resort district by the City of Sunny Isles Beach, Florida. Zoning: Flood Zone: X, AE, VE (See Addenda) 1.15 Census Tract: Current Use: Vacant land Proposed Use: 48-story condominium tower with 83 residential units. The proposed project, to be known as Mansions at Acqualina, is anticipated to have an FAR of 4.3. Highest & Best Use: Future multi-family development in accordance with the current zoning code and LDR of Sunny Isles Beach, Florida. Date of Value: December 9,2011 Date of Report: December 12, 2011 Marketing/Exposure Time: Within 12 months. Property Rights Appraised: Fee Simple Estate VALUE INDICATIONS: Sales Comparison Approach: Final Per SF of Allowable FAR $24,500,000 $65.00