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HomeMy WebLinkAboutReso 2018-2807 RESOLUTION NO. 2018- 1$°1 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 SEVEN THOUSAND ONE HUNDRED FORTY SEVEN (27,147) SQUARE FEET OF FLOOR AREA ("FAR") AND ZERO (0) DWELLING UNITS TO A3 DEVELOPMENT, LLC A/K/A THE ESTATES AT ACQUALINA FOR THE PROPERTY LOCATED AT 17901 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 NO. W-Z• ((95- ; AUTHORIZING FOR THE ADJUSTMENT AND MODIFICATION OF THE CITY'S TDR BANK; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Zoning Resolution No.M•I•(( adopted April 19, 2018, the City Commission approved the zoning application for a modification of an approved site plan submitted by A3 Development, LLC. a/k/a The Estates at Acqualina ("Applicant") for the transfer of TDRs in the amount of Twenty Seven Thousand One Hundred Forty Seven (27,147) square feet of floor area and Zero (0) dwelling units; and WHEREAS, the Applicant is required to pay a per square foot price of One Hundred Twenty Five Dollars ($125.00); and WHEREAS, the City Commission agrees to accept Three Million Three Hundred Ninety Three Thousand Three Hundred Seventy Five Dollars ($3,393,375.00) from the Applicant for the payment of Twenty Seven Thousand One Hundred Forty Seven (27,147) square feet of floor area and Zero (0) dwelling units of TDRs; and WHEREAS, the property receiving the TDRs is located at 17901 Collins Avenue, Sunny Isles Beach and is legally described in Zoning Application No. PZ2018-01; and WHEREAS, the City Commission wishes to approve the transfer of the TDRs contemplated herein in accordance with its TDRs ordinance. 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. A3 Development,LLC a/k/a Estates at Acqualina-City 1 DR Bank Page 1 of 3 Section 2. Authorizing the Transfer of Development Rights. Pursuant to Section 265-23 of the City Code and in accordance with Zoning Resolution No.a Z•1(o(the City Commission hereby authorizes the Transfer of Development Rights ("TDRs") in the amount of Twenty Seven Thousand One Hundred Forty Seven (27,147) square feet of floor area and Zero (0) dwelling units to A3 Development, LLC. a/k/a The Estates at Acqualina from the City's TDR bank account. Section 3. Directive to Zoning Administrator. The Zoning Administrator or designee is hereby directed to transfer the development rights from the City's TDR Bank to A3 Development, LLC. a/k/a The Estates at Acqualina in accordance with Zoning Resolution No.l'(•Z•1 Section 4. Authorizing the Adjustment and Modification of TDRs. The Zoning Administrator is hereby authorize to adjust by decreasing the City's TDR bank account by Twenty Seven Thousand One Hundred Forty Seven (27,147) square feet of floor area and Thirteen (13) dwelling units. Section 5. Authorizing Payment Agreement of the Transfer of Development Rights. The Applicant shall provide the City with a non-refundable deposit in the amount Three Hundred Thirty Nine Thousand Three Hundred Thirty Seven Dollars ($339,337.50), which is 10%of the approved purchase price of Three Million Three Hundred Ninety Three Thousand Three Hundred Seventy Five Dollars ($3,393,375.00) within three (3) working days of the approval of this Resolution. 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. (%•Z•((i. Section 6. Authority of the City Manager and City Attorney. The City Manager and City Attorney are 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 19th day of April, 2018. George "E ud" Scholl, Mayor ATT -.T: It Maurici• Betanc ir,City Clerk, CMC A3 Development,LLC a/k/a Estates at Acqualina-City 1 DR Bank Page 2 of 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: O Iv, 'a 0, et, City Attorney Moved by: MIVUSpiLots 4LAotJ Seconded by: \11 c-C Aiof2 60(,0111 Vote: Mayor Scholl I (Yes) (No) Vice Mayor Goldman ✓ (Yes) (No) Commissioner Aelion ✓ (Yes) (No) Commissioner Gatto —T/(Yes) (No) Commissioner Svechin V (Yes) (No) A3 Development,LLC a/k/a Estates at Acqualina -City TDR Bank Page 3 of 3 4/12/2018 Item Coversheet fl SUNNY lS�F City of Sunny Isles Beach r 18070 Collins Avenue _ 1 Sunny Isles Beach, Florida 33160 (305)947-0606 City Hall P y S (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Claudia C. Hasbun, Planning and Zoning Director DATE: 4/19/2018 Transfer Development Rights for the Estates at • RE: Acqualina 17901 Collins Avenue PZ2018-01 RECOMMENDATION: This Resolution is presented for your consideration. REASONS: Staff has no objection to the TDRs assignment provided that all conditions for the Site Plan are satisfied. The Applicant is requesting to approve the assignment and purchase of Transfer Development Rights (TDRs) in the amount of 27,147 square feet of development rights and 0 dwelling units with an adjustment from the City TDRs bank in the amount of 27,147 square feet and 13 dwelling units. The City shall consider the acceptance of the appraised land value of $125.00 per square feet, for a total of $3,393,375.00 for the TDR's purchase. The Applicant shall provide the City with a non-refundable deposit in the amount of ten percent(10%)of the approved purchased price. The total amount of the deposit is $339,337.50. The deposit is required within the three (3) working days of approval of the Transfer Development Rights (TDRs)application. ATTACHMENTS: Description Resolution Transfer Development Rights Application Letter of Intent (FINAL). Appraisal Executive Summary Report Item Number: 10.E. https://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemlD=2326 1/1