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HomeMy WebLinkAboutReso 2012-1990RESOLUTION NO. 2012 -MC) CFN 2014ROO80018 OR 9k 29013 Pss 1237 - 1239; (3oss) RECORDED 01/31/2014 14:30:32 HARVEY RUVINY CLERK. OF COURT MIAMI -DADE COUNTYP 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 NINETY FOUR THOUSAND SIX HUNDRED EIGHTY (94,680) SQUARE FEET OF FLOOR AREA AND FORTY FIVE UNITS (45) TO TOWNE CENTER DEVELOPMENT PROPERTIES, LLC ET AL. FOR THE PROPERTY LOCATED AT 290 -330 SUNNY ISLES BOULEVARD 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. 12 -Z -133; 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. 12 -Z -133, adopted November 15, 2012 the City Commission approved the zoning application submitted by Towne Center Development Properties, LLC ("Applicant ") for the transfer of TDRS in the amount of 94,680 square feet of floor area and 45 dwelling units; and WHEREAS, the City's TDR Bank balance will be adjusted to reflect the sale of TDRs to the Applicant to reflect the reduction of Ninety Four Thousand Six Hundred Eighty (94,680) square feet of floor area and Forty Five (45) 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 Sixteen Million Three Hundred Fifty Thousand Dollars ($16,350,000) 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 $20.00 as agreed upon based on appraisals prepared by Applicant and the City; and WHEREAS, the City Commission agrees to accept One Million Eight Hundred Ninety Three Thousand Six Hundred Dollars ($1,893,600) from the Applicant for the transfer of Ninety Four Thousand Six Hundred Eighty (94,680) square feet of floor area and Forty Five (45) dwelling units; and WHEREAS, the property receiving the TDRS is described as follows: Parcel 1. 2nd Rev. Bella Vista PB 50 -76 Lot 26 Less R/W Lot size 32814 sq ft or 21072- 1453 0203 6 COC 26215 -0676 02 2008 6 or 26215 -0676 0208 03. Toone Center Development Properties, LLC. Cir, TDR Bank Page 1 of 3 3 Parcel 2. 14 52 42 2nd Rev Bella Vista PB 50 -76 E% of Lot 27 Lot size 100.000 x 235 or 13890 -252 1188 2 F /A/U 30 -2214- 007 -0261. 14 52 42 2nd Rev Bella Vista PB 50 -76 W' /z of Lot 27 Lot size 100.000 x 215 or 13890- 252 1188 2 F /A/U 30- 2214 - 007 -0260. Parcel 3. 14 52 42 2nd Rev Bella Vista PB 50 -76 Lot 28 & Island 28 Lot size 160.000 x 200 M/L or 13890- 252 -1188 2 F /A/U 30- 2214 - 007 -0270. WHEREAS, the City Commission agrees to authorize the transfer of the TDRs contemplated herein in accordance with Section 265 -23 of the Code of the City of Sunny Isles Beach. 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. 12 -Z -133, the City Commission hereby authorizes the transfer of the development rights in the amount of 94,680 square feet of floor area and 45 dwelling units to Towne Center Development Properties, 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 from TDR Bank to Towne Center Development Properties, LLC., in accordance with Zoning Resolution No. 12 -Z -133. The City's Zoning Administrator or designee is hereby directed to adjust the City's TDR Bank to reflect a deduction of 94,680 square feet of TDRs and 45 units from the City's TDR Bank. Section 4. Authorizing Pavment Agreement of the Transfer of Development Rights. The Applicant shall provide the City with a non - refundable deposit in the amount 5189,360.00 which is the 10% of the approved purchased price of S1,893,600.00 within three (3) working days of the approval of this Resolution. The remainder of the payment is due prior to issuance of a building permit for the site plan approved in accordance with Zoning Resolution No. 12 -Z -133. 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 15d' day of November, 2012. Towne Center Development Properties, LLC. City TDR Bank Page 2 of �1 �A'�i'EST` �I � • ; rielPiirl�ihes, Ci 0 "R�j1 APPROVED AND L5MSL Vote: S -0 lerk FORM ttomey OR BK 29013 PG 1239 LAST F'AGE Moved by: c D y v.y >v.a. A' -_Lwrj Seconded by: c!OL", v.S Mugg ScH� LL Mayor Edelcup ✓ (Yes) (No) Vice Mayor Thaler r/(Yes) _(No) Commissioner Aelion ✓(Yes) _(No) Commissioner Gatto Yes) (No) Commissioner Scholl (Yes) _(No) Towne Center Development Properties, LLC. City TDR Bank Page 3 of 3 EXECUTIVE SUMMARY Property Type: A miiced use development site Report Type: Summary Intended Use: The intended use of this appraisal is to assist the client in determining an appropriate for Transfer Development Rights (TDR's), as permitted in the current LDR. Intended User: The City of Sunny Isles Beach Location: 250 to 330 Sunny Isles Boulevard, Sunny Isles Beach, Florida 33160 Site Description: Site Size: 117,014 square feet or 2.69 ± acres zoning: TCD, Town Center district by the City of Sunny Isles Beach, Florida. Flood Zone: AE (See Addenda) Census Tract: 1.07 Folio Numbers: 31- 2214 -007 -0250; 0260; 0261; and 0270 Current Use: Vacant land, old bank building and St. Tropez sales center, Proposed Use: A 25 and 2 8-story condominium tower with 329 residential units, parking garage and ground floor commercial space. The proposed project, to be known as St. Tropez III, is anticipated to have an FAR of 4.35. Highest &Best Use: Multi-family developmentin accordance with the current zoning code and LDR of Sunny Isles Beach, Florida Date of Value: August 6, 2012 Date of Report August 13, 2012 Marketing/Exposure Time: Within 12 months. Property Rights Appraised: Fee Simple Estate VALUE INDICATIONS: Sales Comparison Approach: $16,350,000 Final Per SF of Allowable FAR $27.95 TDR2D111}I City Use Only Date Received Date Issued Resolution •�R'Dy��p• hb� F c,r` OF SUN '09 APPLICATION FORM TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE L APPLICANT INFORMATION r D JUN - 8 2012 PLANNING & ZONING DEPT. Clerk of Court Use Only TOWNS CENTER DEVELOPMENT PROPERTIES, LLC, AND ST TROPEZ III HOLDINGS, LLC PHONE -8247 (305) 460 _j305) 460-6300 ADDRESS 290 and 330 SUNNY ISLES BLVD. CITY AND STATE SUNNY ISLES BEACH FLORIDA ZIPCODE 33160 IL, RECEIVER SITE INFORMATION AS APPLICABLE OWNERS NAME TOWNS CENTER DEVEiOPMENT PROPERTIES,LLC, ST TROPEZ III HOLDINGS,LLC, PHONE (305) 460 -6300 E -MAIL gqX (305) 460 -8247 3211 PONCE DE LEON BLVD, SUITE 301 CITY AND SLATE CORAL GABLES FLORIDA ZIP CODE 33140 PROPERTY ADDRESS/LOCATION 290 AND 330 SUNNY ISLES BLVD., SUNNY ISLES BEACH, FL LEGALDESCRII'TION SEE ATTACHED FOLIO NUMBER SEE ATTACHED CURRENT ZONING"' CENTER OVERLAY PROPERTY SIZE 2.686 ACRES PURCHASEDATE 2/14/03 and 12/4/06 qty of Sunny Isles Beach 1 Community Development Department rox mn a+ EXISTING USE OF PROPERTY. SALM.OFFICE EXISTING STRUCTURE ON PROPERTY TWO SINGLE STORY STRUCTURES PROPOSED FLOOR AREA RATIO 4.54 FAR DENSITY 329 UNITS PERCENTAGE OF RIGHTS TO BE RECEIVED 30 %::OF.ALLO14ED DENSITY AND FAR SQUARE FOOTAGE OF FLOOR,AREA TO BE RECEIVED 86,655 S.F. DWELLING UNITS TO BE RECEIVED, 45 UNITS TOTAL FLOOR AREA RATIO INCLUDING TDR 4.54 FAR TOTAL DWELLING UNITS INCLUDING TDR 329 UNITS M. SENDING SITE INFORMATION OWNERS NAME CITY OF SUNNY ISLES BEACH PHONE 0305) 947 -0606 E_MEII FAX ADDRESS 18070 COLLINS AVENUE CITY AND STATE SUNNY ISLES BEACH FLORIDA ZIP CODE 33160 PROPERTY ADDRESSWCATION LEGAL DESCRIPTION FOLIO NUMBER CURRENT ZONING PROPERTY SIZE PURCHASE DATE EXISTING USE OF PROPERTY EXISTING STRUCTURES ON PROPERTY BASE FLOOR AREA RATIO PERMTITED UNITS PERMITTED SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK DWELLING UNITS TRANFERED TO TDR BANK City of Sunny Isles Beach 2 Community Development Department TDR 2011 CH IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY THE CITY] NAN4E CLOBUS, MC LEMORE b DUKE, INC. PHONE (954) 581 -2701 E-MAIL FAx (954) 581 -2702 ADDRESS 2860 Marina Mile, Suite 109 CITY AND STATE Ft Lauderdale Florida ZIP CODE 33312 DATE OF APPRAISAL March 27, 2012 APPRAISAL VALUE OF SITE $3,540,000 V. TITLE COMPANY INFORMATION A ,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. ADDRESS NOT APPLICABLE PHONE EMAIL FAX VI. SURVEY COMPANY INFORMATION NAME OF SURVEYOR MARIO PRATS JR 6 ASSOCIATES, INC. ADDRESS 52 SW 81st Avenue, Miami, FL 33144 PHONE (305) 551 -6000 EMAIL FAX (305) 265 -9480 VII. PROPERTY OWNER CERTIFICATION NAMEOFCOMPANY TOWNE CENTER DEVELOPMENT PROPERTIES, LLC, AND ST TROPEZ III HOLDINGS; LLC. ADDRESS 3211 Ponce de Leon Blvd., Suite 301, Coral Gables,Fl 33134 PHONE (305) 460 -6300 EMS FAX (305) 460 -8247 VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE City of Sunny Isles Beach 3 Community Development Department TDR 2011 O2 (PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR) NONE IX. CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING ADJACENT LOTS X, PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGEMENT IN 11410 W&IM 14 111 1) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHEMNTS ARE TRUE 2) I AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTIOIG(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 ARISING 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 TRANSWRED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE AND BECOME ENMOUISHED AND UNUSABLE. ( / 11J TI)AJt 81 'Latz SIGNATURE OF OWNER (APPLICANT) DATE SIGNATURE OF CO -OWNER (CO- APPLICANT) DATE STATE OF FLORIDA City of Sunny Isles Beach 4 Community Development Department 7DR 20114 COUNTY OF MIAMI -DADE The fo3 going instrument was kno vl ed before me this da / 1YZs by � ' on behalf of 7��� �` ` a Florida (corporation) (partnership) ( other) He /She is pers r has produced (type of identification produced) as identification and did take an oath. My Commission Expires: �,, eeatR¢eaouEOUa MY C0.ILMISSIOIJMEE 043184 �;. EXPIRES: Jima 17,2015 Ballad Tary M>Im2 PU* UodOmAM STATE OF FLORIDA COUNTY OF MIAMI -DADE I'Kotary lic State of Florida Print Name: The foregoing instrument was acknowledged before me. this day of 20 , by on behalf of a Florida (corporation) (partnership) (other) He/She is personally known to me or has produced (type of identification produced) as identification produced and did take an oath. My Commission Expires: Notary Public, State of Florida at Large Print Name: City of Sunny Isles Beach 5 Community Development Department FOLIO NO. 31-2214-007-0250 PROPERTY: 330 Sunny Isles Blvd, Sunny Isles Beach, FL 33160 LEGAL DESCRIPTION: 211D Rev Bella Vista PB 50 -76 Lot 26 Less R/W Lot Size 32814 sq ft or 21072 -1453 0203 6 COC 26215 -0676 02 2008 6 or 26215 -0676 0208 03 FOLIO NO 31- 2214 - 007 -0261 and FOLIO NO. 31-2214-007-0260 PROPERTY: 290 Sunny Isles Blvd, Sunny Isles Beach, FL 33160 LEGAL DESCRIPTION: 1452422 ND Rev Bella Vista PB 50 -76 E Y2 of Lot 27 Lot size 100.000 x 235 or 13890 -252 1188 2 F /A /U 30- 2214 - 007 -0261. 1452422 ND Rev Bella Vista PB 50 -76 W Y2 of Lot 27 lot size 100.000 x 215 or 13890 -252 1188 2 F /A /U 30- 2214 -007 -0260. FOLIO NO. 31-2214-007-0270 PROPERTY: Sunny Isles Blvd, Lot 28 LEGAL DESCRIPTION: 1452422 ND Rev. Bella Vista PB 50 -76 Lot 28 & Island 28 Lot size 160.000 x 200 M/L or 13890 -252 1188 2 F /A/U 30 -2214- 007 -0270.