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HomeMy WebLinkAboutReso 2022-3295RESOLUTION NO. 2022 - ?2- 15' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE PURCHASE AND ASSIGNMENT OF TRANSFER OF DEVELOPMENT RIGHTS ("TDRs") IN THE AMOUNT OF 308 SQUARE FEET OF FLOOR AREA RATIO ("FAR") AND ZERO (0) DWELLING UNITS FROM THE CITY'S PUBLIC TDR BANK ACCOUNT TO WEST INVESTMENT DEVELOPMENT & REAL ESTATE LLC; AUTHORIZING THE DEVELOPMENT SERVICES DIRECTOR TO WITHDRAW 308 SQUARE FEET OF FAR AND ZERO (0) DWELLING UNITS FROM CITY'S PUBLIC TDR BANK ACCOUNT AND ASSIGNING THE 308 SQUARE FEET OF FAR TO THE PROPERTY LOCATED AT 17749 COLLINS AVENUE, UNIT 1101; AUTHORIZING THE ADJUSTMENT AND MODIFICATION OF THE CITY'S TDR BANK ACCOUNT; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Zoning Resolution No. 2adopted on ►� /� 2-02-Z._, the City Commission of the City of Sunny Isles Beach (the "City Commission") approved the Site Plan Modification & Transfer of Development Rights ("TDRs") submitted by West Investment Development & Real Estate LLC ("Applicant") related to the property located at 17749 Collins Avenue, Unit 1101, Sunny Isles Beach, Florida, for intensity increases of the overall Floor Area Ratio (FAR) square footage from 4609 square feet of FAR to 4917 square feet of FAR, an increase of 308 square feet of FAR, as well as for the purchase and assignment of TDRs in the amount of 308 square feet of FAR and zero (0) dwelling units; and WHEREAS, the City Commission hereby agrees to approve the sale and assignment of TDRs from the City's public TDR Bank account to the Applicant in the amount of 308 square feet of FAR and zero (0) dwelling units; and WHEREAS, solely the TDRs in the amount of 308 square feet of FAR are being utilized and assigned to the project that is the subject of the Site Plan Modification application for the development project located at 17749 Collins Avenue, Unit 1101, Sunny Isles Beach; and WHEREAS, the City's public TDR Bank account will be adjusted to reflect the withdrawal of 308 square feet of FAR and zero (0) dwelling units to the Applicant and to reflect the TDRs assignment of solely the 308 square feet of FAR for the property located at 17749 Collins Avenue, Unit 1101, Sunny Isles Beach; and WHEREAS, the property receiving the 308 square feet of FAR is described on Exhibit "A" attached hereto; and WHEREAS, the City Commission agrees to authorize the sale and the assignment of the TDRs contemplated herein as an incentive for development pursuant to its Charter and Home Rule Authority. @BCL@C40C7856.docx Page 1 of 3 138 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 Sale and Assignment of TDRs from the City's public TDR account to West Investment Development & Real Estate LLC. The City Commission hereby approves the sale and assignment of Transfer of Development Rights ("TDRs") in the amount of 308 square feet of FAR and zero (0) dwelling units from the City's public TDR account to West Investment Development & Real Estate LLC. West Investment Development & Real Estate LLC shall submit to the City payment in full in the amount of Thirty -Eight Thousand Five Hundred Dollars ($38,500.00) within ten (10) working days from the approval of this Resolution, if payment is not received, TDRs Sale and Assignment is void and null. Section 3. Authorizing the Withdrawal and Assignment of TDRs. The City Commission hereby authorizes the Planning and Zoning Director to withdraw 308 square feet of FAR and zero (0) dwelling units from the City's public TDR account and to assign 308 square feet of FAR for the development project for the property located at 17749 Collins Avenue, Unit 1101, Sunny Isles Beach, Florida approved under Zoning Resolution No. =4-1 . Section 4. Directive to Development Services Director. The Planning and Zoning Director or their designee is hereby directed to adjust the City's public TDR account to reflect the withdrawal of TDRs in the amount of 308 square feet of FAR and zero (0) dwelling units according to Zoning Resolution No. 72Z-�l 0b. Section 5. 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 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and are hereby repealed. Section 7. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 17th day of February, 2022. Dana Robin Goldman, Mayor A4ici6 APPROVED AS TO FORM ND LEGAL SUF NCY: Mtalncur, CMC, City Clerk 'ward A. Dion, City Attorney @BCL@C40C78S6.docx Page 2 of 3 139 Moved by: 6JjVfQA4I("" Seconded by: C�tMNUc4 fO^��� JOSc`�p Vote: Mayor Goldman (Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph ✓ (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant —7 (Yes) (No) @BCL@C40C7856.docx Page 3 of 3 140 I V E City U e Only Date Date Isue solu PtV,UINI ZONING DEPT. City of Sunny Isles Beach, FL ^y� O FLD ,rr OF SUN PC1 APPLICATION FORM TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE Clerk of Court Use Only I. APPL-IC-AN`i'-INF0RMATI0:I NAME West Invest Development & Real Estate LLC PHON]e� Y -,00"113• E-MAILshavkat.israil@gmail.com FAX ADDRESS 17749 COLLINS AVENUE UNT 1101 CITY AND STATE Sunny Isles Beach FL ZIP CODE 33160 II. RECEIVER SITE INFORMATION AS APPLICABLE OWNERS NAME West Invest Development & Real Estate LLC PHONE�9�G-yy�- ���J E-MAILshavkat.israil@gmail.comFAX ADDRESS 17749 COLLINS AVENUE UNT 1101 CITY AND STATE Sunny Isles Beach FL ZIP CODE 33160 PROPERTY ADDRESS/LOCATION 17749 COLLINS AVENUE UNT 1101 17749 COLLINS AVENUE CONDO #1101, UNDIV 1.162791% LEGAL DESCRIPTION INT IN COMMON ELEMENTS, OFF REC 29719-2548 FOLIO NUMBER 31-2211-083-0080 CURRENT ZONING Residential PROPERTY SIZE � 60 9 SF PURCHASE DATE 10-05-2015 City of Sunny Isles Beach Planning and Zoning Department 141 rottzou ctt EXISTING USE OF PROPERTY Residential EXISTING STRUCTURE ON PROPERTY Residential PROPOSED FLOOR AREA RATIO 4,917 SF DENSITY 0 PERCENTAGE OF RIGHTS TO BE RECEIVED SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 308 SF DWELLING UNITS TO BE RECEIVED 0 TOTAL FLOOR AREA RATIO INCLUDING TDR 432,203 SF TOTAL DWELLING UNITS INCLUDING TDR 0 W. SENDINC SITE OWNERS NAME PHONE E-MAIL FAX ADDRES CITY AND STATE ZIP CODE PROPERTY ADDRESS/LOCATION LEGAL DESCRIPTION FOLIO NUMBER CURRENT ZONING PROPERTY SIZE PURCHASE DATE EXISTING USE OF PROPERTY EXISTING STRUCTURES ON PROPERTY BASE FLOOR AREA RATIO PERMITTED UNITS PERMITTED SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK DWELLING UNITS TRANFERED TO TDR BANK wogswswamcuwwwKWnwup��aw!avxxw�w�MM:pa+w�:n+.:,ww:m�,n.erouxwwrnva+..wne.ami•ro�a�ncn�ww�n::r»armrw...vuMwerrden��nw�wnw '. City of Sunny Isles E3each 2 Planning and Zoning Department 142 TOR 2011 CH IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY THE CITY] PHONE E-MAIL FAX ADDRES CITY AND STATE ZIP CODE DATE OF APPRAISAL APPRAISAL VALUE OF SITE V. TITLE COMPANY INFORMATION AS 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 PHONE E-MAIL F VI. SURVEY COMPANY INFORMATION NAME OF SURVEYOR ADDRESS PHONE E-MAIL, FAX VII. PROPERTY OWNER CERTIFICATION NAME OF COMPANY l/!/Gf Z� 1,ou eJl ��P�/�'�U�I/12P�L I A©/ (�/a,LP I1 -C ADDRESS 17749 COLLINS AVENUE UNT 1101 PHONE . f1-�Y •- 99a- /,//-7'� E-MAIL FAX VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE City of Sunny Isles Beach n Planning and Zoning Department 143 ;fir .�, i . -. - - .oVyU.i- •1y+ . TDR 1011 GH (PROVIDE CER'T'IFICATION FROM CITY'S CHIEF CODE INSPECTOR) IX, CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING ADJACENT .LOTS X. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGEMENT I HEREBY CERTIFY THAT 1) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHEMNTS ARE TRUE 2 I AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTION I III circle appl cehle nunriber)r 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, TETE 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 FRONT THE - SITE SHALL BE AT NO COST TO THE CITY. 5) I HEREBY ACKNOWLEbGE AND AGREE THAT, AT THE EXPIRATION OF THE FIVE YEAR PERIOD COMMENCING WITH THE DATE OF THE CITY COMMISSION APPROVAL OF TI4E PROPERTY AS A SENDER SITE, ANY UNUSED DEVELOPEMNT RIGHTS TRANSFERRED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE AND RECO TINGUISHBD AND UNUSABLE, SIGNATURE OF OWNER (APPLICANT) DATE SIGNATURE OF CO-OWNER (CO -APPLICANT) DATE STATE OF FLORIDA �*ItlNYIC111rN_:01tr01t1{OarNYfRGtXxEtn4aa0Y Vtlaw`xfeRrMICClV�n1aN10f11 WNI'nMvrinanevllv,11h6'iwR1fI1N/snetarMtrow VATIa1uP%iAMfRtarFa:l<rnl•MLNaWx'a�v>!pt/+'4'G�F�11 Clty of Sunny Islas beach 4 Planning and Zoning Department 144 TOR 2011 CH COUNTY OF MIAMI-DADE The foregoing instrument was acknowl dged befgre me this I day of , @ � 20,//, by f'/�V,�9� .1 sial / on behalf of /At vel LL C— , a Florida (corporation) (partnership) (other) . He /She is personally known to me or has produced 01-iyev (type of identification produced) as identification and did take an oath. A My Commission E 61 7 CARMIN TILLIT ��`• Notary Public • State of Florida Commission N GG 192011 My Comm, Expires Jun 26, 2022 Bonded through National Notary Assn. STATE OF FLORIDA COUNTY OF MIAMI-DADE otary Public State\of Florida Name: l.� huyx t�,�i.", 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: .vev:aeras.vvnn.cwuvnaa,:nrm,uavo-a.r.icciwmrv..,•rromrn,e•,»+�•ex+..uev.er.�+ur:.,,m,v...rm � a.:u:yr,,.,+va+,�<u:a•..,e:�:.�.�-.: ro�:r�s., _v�.,.,Huvr�a.rvu�.vvrx�.aeauu »a.nnrarrasxnun,.n City of Sunny Isles Beach Planning and Zoning Department 145 RECEIVE® JAN 6 2022 l -23 PLANNING & ZONING DEPT. City of Sunny Isles Beach: FL AN APPRAISAL REPORT OF THE PURCHASE OF TDR'S AS IT PERTAINS TO THE EXPANSION OF A RESIDENTIAL UNIT LOCATED IN THE MANSIONS OF ACQUALINA AT 17749 COLLINS AVENUE, UNIT 1101 SUNNY ISLES BEACH, FLORIDA 33160 Appraisal No. 01-22-04 FOR West Invest Development and Real Estate LLC 17749 Collins Avenue, Unit 1101 Sunny Isles Beach, FL 33160 c/o Carmen Tillit East of Collins -Expediting BY APPRAISALFIRST Real Estate Appraisers, LLC 1444 Biscayne Boulevard, Suite 211 Miami, Florida 33132 146 AppraisalFirst Real Estate Appraisers LLC 1444 Biscayne Boulevard, Suite 211 Miami, Florida 33132 Phone: 305-470-2130 Fax: 305-381-8047 E-mail: residential(napraisalfirst.net E-mail: &ank(a)appraisalfirst.net January 6, 2022 West Invest Development and Real Estate LLC 17749 Collins Avenue, Unit 1101 Sunny Isles Beach, FL 33160 c/o Carmen Tillit East of Collins -Expediting Re: The purchase of Transfer Development Rights (TDR's) as it pertains to the expansion of a residential unit located in the Mansions of Acqualina, at 17749 Collins Avenue, Unit 1101, Sunny Isles Beach, Florida 33160. Dear Ms. Tillit: As requested, I have prepared the attached appraisal report of the above referenced property. The purpose of the report is to estimate a cost per unit for the purchase of Transfer Development Rights (TDR's), as it pertains to the underlying subject property. This appraisal report is intended to comply with reporting requirements set forth under Standards Rule 2-2 (a) of the Uniform Standards of Professional Appraisal Practice USPAP (2020-2021). The Appraisal Standards Board of The Appraisal Foundation voted to extend the expiration date of the 2020-2021 USPAP publication by one year. Instead of expiring on December 31, 2021, the current USPAP will remain in effect until December 31, 2022. The value opinion reported is qualified by certain definitions, limiting conditions and certifications which are set forth on pages 38 through 40 of this report. The extraordinary assumption is stated herein. The report includes no hypothetical conditions. The subject property consists of an approximate 308 square foot terrace area within a residential unit in the Mansions of Acqualina located along the ocean side of Collins Avenue, between 177`h and 178th Streets, Sunny Isles Beach, Florida. The Mansions of Acqualina consists of a 47 -story, luxury condominium tower, with 79 residential units, consisting of seven expansive, flow through, floor plans. The building was completed in 2015. 147 West Invest Development and Real Estate LLC Page Two The subject unit, which is unit 1101, contains 4,609 square feet, and three bedroom, six and one half bathroom floor plan. The unit owner is planning to enclose an approximate 308 square foot terrace. In order to increase the square footage of the subject unit the owner will be required to purchase TDR's from the TDR bank of Sunny Isles Beach. This report may not be fully understood by users other than the property owner, their representatives and the appropriate officials with the City of Sunny Isles Beach. As per the LDR, at the time of approval of the TDR's, the City Commission shall consider the acceptance of the appraised land value for the receiving site as follows: the cost for a square foot of development right shall be determined by the market value of the receiving site as determined by a current real estate appraisal (updated no more than three months from the date the application is heard at a public hearing) prepared for the City by an appraiser, selected by the City Manager, but paid for by the owner of the receiving site. The appraisal amount shall then be divided by the permitted floor area ratio, including bonuses on the receiver site. Zoning and Legal Officials with the City of Sunny Isles Beach established parameters with regard to the selection of comparable sales. These parameters preclude the Appraiser from going outside the City limits to search for comparable land sales. Because of the parameters and restrictions enforced by City officials toward the appraisal process the conclusion should not, and has not been, considered market value as typically defined. The conclusion is the most probable price paid by a developer for TDR's in Greater Sunny Isles Beach and not a market supported value. Because the intended use of the appraisal is for internal purposes, related to establishing a purchase price for the TDR's, the report may not be in conformance with Title XI of FIRREA and Department of the Treasury Interagency Appraisal and Evaluation Guidelines. The appraiser has previously provided consultation and value estimates for properties similar to the subject property throughout the South Florida region. As such, the appraiser is in compliance with the competency provision contained within USPAP. A copy of the appraiser's qualifications is included in the addenda. 148 C, West Invest Development and Real Estate LLC Page Three I have not, nor has any of my associates, provided professional services related to the subject property, as an appraisers or in any other professional capacity, within the prior three years, preceding this date of appraisal. By virtue of my investigation and analyses, it is the opinion of the appraiser that, the cost per unit for the purchase of TDR's, as they pertain to the subject property, as a fee simple estate, as of January 5, 2022, is: $125.00 Per SF of Allowable FAR Respectfully submitted, Frank Hornstein, MAI State -Certified General Real Estate Appraiser, No. RZ1376 149 Property Type: Property Description: Date of Value: Date of Report: EXECUTIVE SUMMARY A multi -family zoned ocean front parcel of land. Location 17749 Collins Avenue, Unit 1101 Sunny Isles Beach, Florida 33160 Unit Folio No. 31-2211-083-0080 Zoning: MU -R, a mixed use resort district by the City of Sunny Isles Beach, Florida. Site Size: 2.275 acres or 99,099 square feet (Survey& Public Records) - Entire Project Site. Census Tract: 1.26 Flood Zone: X, AE and VE (See Addenda) January 5, 2022 January 6, 2022 Property Rights Appraised: Fee Simple Estate Highest & Best Use: Continuation of the existing condominium project Marketing/Exposure Time: Within 12 months VALUE INDICATIONS Sales Comparison Approach: $125.00 Per SF Final Per SF of Allowable FAR $125.00 150 TABLE OF CONTENTS Letter of Transmittal Executive Summary Identification of Subject Property 1 Dates of Value & Report 1 Purpose of the Appraisal 1 Prior Recent Sales and History 1 Definition of Market Value 2 Property Rights Appraised 3 Use of the Appraisal 3 Intended User of the Appraisal 3 Summary of Scope of Work 4 Assessed Value and Tax Information 7 National Economic Outlook and Indicators 8 Miami -Dade County Area & Economic Overview 10 Neighborhood Description 16 Zoning 23 Street Improvements/Access 24 Site Description 26 Highest and Best Use 27 Sales Comparison Approach to Value 29 Reconciliation and Final Market Value Conclusion 36 Exposure Time 37 Certification 38 Assumptions and Limiting Conditions 39 Exhibits Location Map 2 Neighborhood Map 17 Aerial Photograph 25 Land Sales Map 31 151 � •FLOC 4 c,rx aF sW�� hyo City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Claudia C. Hasbun, Planning and Zoning Director DATE: February 17, 2022 RE: Transfer Development of Right (TDRs) application for Balcony Enclosure a Mansions at Acqualina unit 1101(PZ2021-23) RECOMMENDATION: This application is consistent with the City's Comprehensive Plan and the City's Land Developmen Regulations. Staff has reviewed the application requests and has no objection if all conditions are accepted. REASONS: The Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 30E square feet of FAR and 0 dwelling units from the City's public TDR bank account. The appraisal repor done by Appraisal First Real Estate Appraisers, LLC., date stamped January 6', 2022, reflects the square foot market value of the subject property (17749 Collins Ave) as $125.00 of allowable FAR. The Applicant has agreed to pay the square foot value of $125.00. Thus, the total TDR purchase i! $38,500.00. The required deposit of 10% is equal to $3,850.00 and is due three days after site plan approval. The remaining fee is due prior building permit is issued. The effect of the TDRs purchase anc approval on the project would be an increase in intensity (square footage). ATTACHMENTS: Resolution TDR Application Appraisal Report Item Number: 10.6 136 Item Number: 10.13 137