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HomeMy WebLinkAboutReso 2012-1984RESOLUTION NO. 2012".q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CONFIRMING THE BALANCE OF DEVELOPMENT RIGHTS 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 OF ACCOUNT BALANCES HELD BY PRIVATE OWNERS AND THE CITY; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City continues to seek to create more open space, parks and recreational facility and the need for recreational facilities has been facilitated by the development rights ordinance ( "TDR" Ordinance); and 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 development rights owned by the City and private owners. Section 2. Authority of the City Manag_er. The City Commission hereby directs the City Manager or designee to provide yearly updates of TDR Bank account balances. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 184-11 day of October, 2012 S. Edelcup, ATTEST: Jane A. Hines; City Clerk APPROVPAS TO FORM AND LE AL UFFICIENCY Moved by: Seconded by: Vote: 5—b Mayor Edelcup __IZ (Yes) (No) Vice Mayor Thaler ✓(Yes) (No) Commissioner Aelion ✓ (Yes) (No) Commissioner Gatto ( Yes) (No) Commissioner Scholl V (Yes) (No) DEVELOPMENT RIGHTS FROM CITY OWNED PROPERTIES PROPERTIES Sq. Ft. Units 1. Golden Shores Park 11,512 2 2. Pelican Community Park 166,240 100 3. Gwen Margolis Park 248,292 143 4. Gilbert Samson Oceanfront Park 162,914 94 5. Porto Bellagio 131,611 72 6. Heritage Park 533,200 283 7. Bella Vista Park 54,232 21 8. Collins Ave. Parkway 11,568 6 9. 287 SIBivd 53,905 11 10. 151 SIBlvd (RK) 223,879 95 11. 16200 Collins Ave. (Plaza Isles) 89,951 50 12. 16100 Collins Ave. (Koslosky) 86,095 47 13. SIBlvd Parking (Milton) 53,905 12 14. Steiger Property- 16050 Collins 74,530 41 15. Marks, et al 215 -255 SIB 223,879 95 16. T Sunny Isles 77,250 38 Total TDRs from City Owned Properties since Adoption of TDR Ordinance 2,202,963 1,110 Sq. Ft. Units Total TDRs from City Owned Properties since Adoption of TDR Ordinance 2,202,963 1,110 Development Rights Used Or Transferred To Private Development From City TDR Bank Used Sq. Ft. Used Units 1. Fortune Beach 124,991 72 2. S &G Miami Beach 31,266 18 3. Mandalay LLC 36,477 21 4. St. Tropez 112,905 65 5. Trg Sunny Isles 177,262 103 6. Mansiana /Solis 63,820 37 7. Regalia 54,385 31 8. St. Tropez II 32,759 17 9. FRG Desert Inn Venture 9,757 5 10. R.K. Associates (Donation)* 58,500 30 11. Plaza Isles (Donation)* 40,000 20 12. jUrbis & Key Int. 1,869 1 13. Milton /St. Tropez (Donation)* 29,403 12 14. Dezer Development, LLC (Donation)* 33,750 16 15. Gilco Realty /Porsche (Donation) ** 81,000 42 16. 18553 Collins Dev., LLC 15,000 7 17. LPLA Partners, LP 25,000 9 18. Gold Club, Inc. (Donation) 20,000 10 Subtotal 948,144 516 City's TDR Bank Account Total: 2,202,963 1,110 Subtract Subtotal: 948,144 516 TDR BALANCE TOTAL: 1,254,819 594 *Donation ofTDRs provided as part of real estate transactions. * *Donation provided an exchange for real property donated to the City. 2 TRANSFER DEVELOPMENT RIGHTS BANK ACCOUNT Sq. Ft. ACCOUNTS TDR FUNDS COLLECTED TDR FUNDS UNCOLLECTED LPLA Partners, LP 25,000 9 1. Fortune Beach $7,558,863.00 $0.00 2. S &G Miami Beach $160,920.00 $0.00 3. Mandalay LLC $1,324,066.00 $0.00 4. St. Tropez $2,184,711.00 $0.00 5. Trg Sunny Isles $13,287,559.00 $0.00 6. Mansiana /Solis $5,408,502.00 * * ** $0.00 7. Da Vinci $395,917.00 * $0.00 8. Regalia $4,119,249.25 * * * ** $0.00 9. Ocean Palm $374,926.00 * $0.00 10. Urbis & Key Int. $72,866.00 $0.00 11. Sunny Isles Resort $681,016.00 * $0.00 12. TRG Desert Inn Venture $1,282,655.00 $0.00 13. St. Tropez II $116,261.00 ** $0.00 14. LPLA Partner, LLP $162,500.00 $1,462,500.00 15. 18555 Collins Dev., LLC $0.00 $975,000.00 16. Fort Apache $517,275.00 * ** $0.00 17. Abus, LLC $46,270.00 * ** $0.00 18. Abus, LLC $484,940.00 * ** $1,000,000.00 TOTALS: Collected Funds 1 $38,178,496.25 Uncollected Funds $3,437,500.00 * These developments paid 10% of non - refundable deposit, but development orders expired. TDB's were returned to the City. ** This development received a credit of $841,580.00 from the City, as part of a real estate transaction. * ** Transfer fees collected by the City to release West side only condition. * * ** The purchase price of $5,156,017.00 was increased by an additional $252,485.00 of interest payments. * * * ** The purchase price of $4,500,206.00 was decreased by $380,957.00 due to settlement of outstanding loan agreement. Uncollected Funds Owed to the City for TDRs Transactions Sq. Ft. Units TDR Funds Uncollected 1. LPLA Partners, LP 25,000 9 $1,462,500.00 2. Abus, LLC 0 0 $1,000,000.00 3. 18555 Collins Dev., LLC 15,000 7 $975,000.00 ** * The City is collectiong a minimum 5% interest per year. * *TDRs are a contingency purchase that may 40,000 16 $3,437,500.00 Total Credit to TDR Bank Total Uncollected Funds revert back to the City. Total TDRs Funds Collected TDR Funds Uncollected $38,178,496.25 $3,437,500.00 Total TDRs Funds $41,615,996.25 CITY OF SUNNY ISLES BEACH PRIVATE TRANSFER DEVELOPMENT RIGHTS BANK ACCOUNT Accounts Sq. Ft. Units 1. Abus, LLC 98,996 50 2. Mansiana /Solis 4,874 3 3. Paramount 126,737 70 4. Milton /St. Tropez 29,403 12 5. R.K. Associates, Inc. 58,500 30 6. Dezer Development, LLC * 33,750 16 7. Regalia 15,538 8 TOTALS: 367,798 189 * The TDRs were a donation from the City to develop an office tower. If TDRs are not used for office tower, TDRs reverts back to the City. 4 F * FL0 C�rY of 5UN PLO TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 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 Claudia Hasbun, Planner October 18, 2012 City Commission Norman S. Edelcup, Mayor Lewis Thaler, Vice Mayor Isaac Aelion, Commissioner Jeanette Gatto, Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk City of Sunny Isles Beach Transfer of Development Bank Account RECOMMENDATION: Staff recommends approval of the attached resolution developed in conjunction with the City Attorney's office. REASONS: The City has created open space, parks and recreational facilities aided by the implementation of the Transfer of Development Rights (TDR) ordinance. The City Commission wishes to confirm the amount of development rights that is currently owned by the City and private owners. The Resolution documents delineate the amount of development rights that are in each transfer development rights account. There are two types of TDR accounts. One account is for development rights that are City owned. The other account is for development rights that a private property owner may have acquired. Page one of the attachment outlines the development rights that the City has acquired during the years. There are 2,202,963 square feet and 1110 units from all the properties that the City has acquired. Page two shows the amount of TDRs the City has transferred to private parties. The total amount of TDRs transferred is 948,144 square feet and 516 units. More precisely, the City has sold 705,491 square feet and 396 units to developments that received approval by the City Commission. The City has donated 242,653 square feet and 120 units to private owners as part of real estate transactions. This leaves a current balance on the City TDR of 1,254,819 square feet and 594 units. Page three of the attachment shows the funds collected by the City from the sale of TDRs to development Projects. Currently the City has collected $38,178,496.25 from the sale of development rights. There is another $3,437,500 that the City expects to collect in the near future upon the expiration of payment extension agreements. Making the total amount of funds collected approximately $41,615,996.25. Finally, page four delineates the accounts that show the amount of development rights owned by private owners. The accounts total amount to 367,798 square feet and 189 units. Each developer has a period of time to sell or use the development rights or they will lose them. The City imposes a useful life fee on certain private owners. The fee is generally around $10,000.00 per year. ATTACHMENTS: • Resolution • Transfer Development Rights Account Agenda Item No.10X Date 9/17/2009