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
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APPROVED
AND L5MSL
Vote: S -0
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FORM
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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.