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HomeMy WebLinkAboutReso 2012-1913C-FN 2014ROO80021 OR Rk 29013 P95 1246 - .1249i (09s) RECORDED 01/31 /2014 14:30:32 HARVEY RUVINY CLERK OF COURT MIAMI -DADE CDUNTYY FLORIDA RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF DEVELOPMENT RIGHTS ON A CONTINGENCY BASIS ( "TDRS ") IN THE AMOUNT OF FIFTEEN THOUSAND (15,000) SQUARE FEET OF FLOOR AREA AND SEVEN UNITS (7) TO GILCO REALTY, L.C. A/K/A 18555 DEVELOPERS, LLC FOR THE PROPERTY LOCATED AT 18555 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 AUTHORIZING THE ADJUSTMENT AND MODIFICATION OF THE CITY'S TDR BANK; PROVIDING FOR WAIVER OF INITIAL DEPOSIT AND NULLIFICATION; 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.12-Z -121 adopted May 10, 2012, the City Commission approved the zoning application for a site plan modification submitted by Gilco Realty, L.C. a/k/a 18555 Developers, LLC, ("Applicant ") for the transfer of TDRS in the amount of 15,000 square feet of floor area and seven (7) dwelling units; and WHEREAS, the City's TDR Bank balance will be adjusted to reflect the contingent sale of TDRS to the Applicant to reflect the reduction of fifteen thousand (15,000) square feet of floor area and seven (7) 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 Three Million Seven Hundred Fifty Thousand Dollars ($23,750,000) for the receiving site for the purpose of calculating the square foot value of the approved TDRS; and WHEREAS, if the site plan reflects actual usage of TDRS, the Applicant is required to pay a per square foot price of $65 no later than six (6) months from issuance of building permit or evidence of actual use, whichever comes first, as reflected in the appraisal attached hereto as Exhibit "A"; and WHEREAS, the City Commission agrees to accept Nine Hundred Seventy Five Thousand Dollars ($975,000) by the Applicant for the transfer of fifteen thousand (15,000) square feet of floor area and seven (7) dwelling units; and WHEREAS, the property receiving the TDRS is described as follows: Parcel 1. All of Tract "L" less the south 200 feet thereof and less the north 100 feet thereof, of AMENDED Plat of North Biscayne Beach, PB 44 Page 42. 2.21 acres (96,162 sq ft) Gilco Realty, L.C. a/k/a 18555 Developers, LLC TDR Bank Page 1 of 3 11 WHEREAS, the City Commission agrees to authorize the transfer of the TDRs contemplated herein in accordance with its transfer of development rights ordinance and to permit a contingent payment arrangement. 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. l2Z -129, the City Commission hereby authorizes the transfer of the development rights on a contingency basis in the amount of 15,000 square feet of floor area and seven (7) dwelling units to Gilco Realty, L.C. a/k/a 18555 Developers, LLC 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 on a contingency basis from TDR Bank to Gilco Realty, L.C. a/k/a 18555 Developers, LLC, in accordance with Zoning Resolution No. l2-Z-124 Section 4. Authorizing Payment Agreement of the Transfer of Development Rights. If the TDRs are utilized for the site plan, the Applicant shall provide the City with the total payment of Nine Hundred Seventy Five Thousand Dollars ($975,000) no later than six (6) months from issuance of building permit or evidence of actual use, whichever comes first, in accordance with Zoning Resolution No. t2'-L: IZ9 Section 5. Waiver of Initial Deposit and Nullification. The City Commission hereby waives the ten percent (10 %) deposit requirement and hereby directs the Zoning Administrator to rescind the transfer of the TDRs if full payment for TDRs is not received no later than six (6) months from issuance of a building permit or evidence of actual use, whichever comes first, for the approved site plan provided that the TDRs are utilized via the site plan. Section 6. Authority of the City Manager. The City Manager is 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 10th day of May, 2012. No an S. Edelcup, Mayor ATTEST: Jane A. Hines,.City Clerk Gilco Realty, L.C. a/k/a 18555 Developers, LLC TDR Bank Page 2 of 3 TO FORM IFFICIENCY: Attorney Vote: S-d Mayor Edelcup ✓(Yes) (No) Vice Mayor Thaler V(Yes) (No) Commissioner Aelion ✓(Yes) (No) Commissioner Gatto ' I es) (No) Commissioner Scholl V (Yes) (No) Gilco Realty, L.C. a/k/a 18555 Developers, LLC TDR Bank Page 3 of 3 Property Type: Report Type: Intended Use: Intended User: Location: Site Description: Highest & Best Use: Date of Value: Date of Report: OR BK 2913 -13 PG t_AST PAGE EXHIBIT "A" EXECUTIVE SUMMARY A multi - family zoned parcel of land Summary The intended use of this appraisal is to help negotiate the purchase price of Transfer Development Rights (TDR's). GILCO Realty LC, its general council and/or assigns. 18555 Collins Avenue, Sunny Isles Beach, Florida 33160 Site Size: 96,162 square feet or 2.208 acres Zoning: MU -R, a mixed use resort district by the City of Sunny Isles Beach, Florida. Flood Zone: X, AE, VE (See Addenda) Census Tract: 1.15 Current Use: The Golden Nugget Hotel, a 120 unit condominium -hotel completed in 1956. Proposed Use: 58 -story condominium tower with 132 residential units. The proposed project, to be known as Porsche, is anticipated to have an FAR of 5.19. Future multi - family development in accordance with the current zoning code and LDR of Sunny Isles Beach, Florida. September 9, 2011 September 20, 2011 Marketing/Exposure Time: Within 12 months. Property Rights Appraised: Fee Simple Estate VALUE INDICATIONS: Sales Comparison Approach: $23,750,000 Final Per SF of Allowable FAR $65.00 1249 Prgperty Type: Report Type: Intended Use: IIntended User: 11 Location: Site Description: Highest & Best Use: Date of Value: Date of Report: EXHIBIT "A" EXECUTIVE SUMMARY A multi - family zoned parcel of land Summary The intended use of this appraisal is to help negotiate the purchase price of Transfer Development Rights (TDR's). GILCO Realty LC, its general council and /or assigns. 18555 Collins Avenue, Sunny Isles Beach, Florida 33160 Site Size: 96,162 square feet or 2.208 acres Zoning: MU -R, a mixed use resort district by the City of Sunny Isles Beach, Florida. Flood Zone: X, AE, VE (See Addenda) Census Tract: 1.15 Current Use: The Golden Nugget Hotel, a 120 unit condominium -hotel completed in 1956. Proposed Use: 58 -story condominium tower with 132 residential units. The proposed project, to be known as Porsche, is anticipated to have an FAR of 5.19. Future multi - family development in accordance with the current zoning code and LDR of Sunny Isles Beach, Florida. September 9, 2011 September 20, 2011 Marketing /Exposure Time: Within 12 months. Property Rights Appraised: Fee Simple Estate VALUE INDICATIONS: Sales Comparison Approach: $23,750,000 Final Per SF of Allowable FAR $65.00 Preview Page 1 of 2 eft of svN ^, City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Sharon P. Ragoonan, Assistant City Manager /Community Development DATE: 5/10/2012 RE: Porsche Design Tower Miami - Site Plan Modification 18555 Collins Avenue Appl. No. Z2012 -06 RECOMMENDATION: The request is consistent with the Land Development Regulations and the Comprehensive Plan. At this time, City Staff has no objection to the Applicant's request. REASONS: The Applicant is requesting a modification of the approved site plan under City Resolution 11 -Z -123 dated November 17, 2011 to increase Floor Area Ratio (FAR) by obtaining additional FAR bonuses and Transfer Development Rights (TDRs). The total approved FAR equals to 500,039 sq ft, and the total requested FAR equals to 543,887 sq ft. There is no other modification requested to the previously approved site plan. The additional bonus FAR has a monetary increment of $954,720 for this project and a payment agreement is been stipulated in the staff report. Agenda Item Date 5 -10 - I z http: / /sibagenda.sibfl. net /agenda/Preview.aspx ?1temID= 787 &Meetin€