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HomeMy WebLinkAboutReso 2022-3381RESOLUTION NO. 2022 - -�- 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 SUNNY ISLES LIVING LP; 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 602; 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. 7- 1 L uE adopted onJU .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 Sunny Isles Living LP ("Applicant") related to the property located at 17749 Collins Avenue, Unit 602, Sunny Isles Beach, Florida, for intensity increases of the overall Floor Area Ratio (FAR) square footage from 4,609 square feet of FAR to 4,917 square feet of FAR, an increase of 308 square feet of FAR for Unit 602, 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 602, 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 602, 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. R2022 TDRs for Mansions at Acqualina Unit 602 Page 1 of 3 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 Sunny Isles Living LP. 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 Sunny Isles Living LP. Sunny Isles Living LP shall submit to the City non-refundable deposit in the amount of ten percent (10%) of the approved purchased price of $38,500.00 for the TDRs purchased from the City Bank. The total amount of the deposit is $3,850.00. Failure to pay the required deposit within the three (3) working days of approval of the TDRs application and site plan application shall result in an automatic voiding of the City Commission approval of the Receiving Site, transfer of TDRs, and Site Plan Approval. Additionally, the Applicant shall provide the City proof of payment for the remaining balance of Transfer Development Rights (TDRs) in the amount of $34,650.00 for the TDRs purchased from the City Bank. Failure to pay the remaining balance prior to the issuance of the building permit, shall result in an automatic voiding of the City Commission approval of the Receiving Site, transfer of TDRs, and Site Plan Approval 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 602, Sunny Isles Beach, Florida approved under Zoning Resolution No.-%. 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 amountf 308 square feet of FAR and zero (0) dwelling units according to Zoning Resolution No. 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 28th day of July 2022. /X - Dana Robin Goldman, Mayor R2022 TDRs for Mansions at Acqualina Unit 602 Page 2 of 3 ATTEST: Mauric o Botancgr, CMC, City Clerk APPROVED AS TO FORM AND LEGA FFICIENCY: Edward A. Dion, City Attorney Moved by: 1 ►rb` r � tV ded by: f' v i;' y�} Vote: Mayor Goldman Vice Mayor Viscarra Commissioner Joseph Commissioner Lama Commissioner Stuyvesant (files) (No) Yes) (No) Yes) (No) (Y s) (No) ,- Yes) (No) R2022 TDRs for Mansions at Acqualina Unit 602 Page 3 of 3 DECEIVED JUN -.3 2022 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 602 SUNNY ISLES BEACH, FLORIDA 33160 Appraisal No. 05-22-188 FOR Sunny Isles Living LP 17749 Collins Avenue 145 Adelaide Street West, STE 500 Toronto, ON MSH 4E5 Canada c/o Carmen Tillit East of Collins -Expediting BY APPRAISALFIRST Real Estate Appraisers, LLC 1444 Biscayne Boulevard, Suite 211 Miami, Florida 33132 AppraisalFirst Real Estate Appraisers LLC 1444 Biscayne Boulevard, Suite 211 Miami, Florida 33132 Phone: 305470-2130 Fax: 305-381-8047 E-mail: residential@apraisalrirst.net E-mail: frankgappraisalfirst.net June 3, 2022 Sunny Isles Living LP 17749 Collins Avenue 145 Adelaide Street West, STE 500 Toronto, ON MSH 4E5 Canada c/o Carmen Tillit East of Collins -Expediting RECEIVED JUN -3 2022 Pzav � 0 PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL 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 602, 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 313 square foot terrace area within a residential unit in the Mansions of Acqualina located along the ocean side of Collins Avenue, between 177" and 178`h 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. Sunny Isles Living LP Page Two The subject unit, which is unit 602, contains 4,609 square feet, and three bedroom, six and one half bathroom floor plan. The unit owner is planning to enclose an approximate 313 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. Sunny Isles Living LP 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 June 2, 2022, is: $125.00 Per SF of Allowable FAR Respectfully submitted, Frank Hornstein, MAI State -Certified General Real Estate Appraiser, No. RZ1376 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 602 Sunny Isles Beach, Florida 33160 Unit Folio No. 31-2211-083-0460 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) June 2, 2022 June 3, 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 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 15 Zoning 21 Street Improvements/Access 22 Site Description 24 Highest and Best Use 25 Sales Comparison Approach to Value 27 Reconciliation and Final Market Value Conclusion 34 Exposure Time 35 Certification 36 Assumptions and Limiting Conditions 37 Exhibits Location Map 2 Neighborhood Map 16 Aerial Photograph 23 Land Sales Map 29 RECEIVE® ate Received PLANNING & ZONING DEPT. 'City of Sunny Isles Beach, FL �yF cAs7��,p o ywr FL O /rY OF SUN P� APPLICATION FORM TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE Cleric of Court Use Only »,._....,..,.�».r.,.q...,r.w,A� ,..,., H;A''YL'ii.'`x�1V`.l"A'1V1�'[�.►t'1V1:AiJr'11V1V...�,.�,,.»w....r.�...,...,,...r�..�.-...M�.....,...».... �...�.,...«..,r..�..r-..r.w..r..�.,.,.,�. NAME SUNNY ISLES LIVING LP pHONE41(a_ b9 -a -13`i E-MAIL PAX ADDRESS 17749 Collins Ave. #602 CITY AND STATE_3unny Isles Beach FL ZIP CODE 33160 II. R + CEIVER SITE INFORMATION AS APPLICABLE OWNERS NAME SUNNY ISLES LIVING LP PHONE IW L 6G9-471 LI E-MAIL FAX ADDRESS.__ 17749_ Collins Ave. #602 CITY AND STATE Sunny Isles Beach _ _ FL _ ZIP CODE 33160 .PROPERTY ADDRESS&OCATION 17749 Collins Ave. #602 17749 COLLINS AVENUE CONDO #602 UNDIV 1.162791% LEGAL DESCRIPTION INT IN COMMON ELEMENTS OFF REC 29719-2548 FOLIO NUMBER 31-2211-083-0460 CURRENT ZONING �cResidential LJ PROPERTY SIZE4 609 SF PURCHASE DATE 030/2022 atY✓INiifUiM,i/SSATU�IM,(o1WiiPLIM 1YSYNlNoy'NlkNrf.MIw�M�51c1iK�N1YCOlfitlltttM1nrYO.l4VM451111}11<lYllrrp114T,1.YLLVAtvllt%V4vY%N1CNIn'11L14Vh15R4Y.PiNNP.VL:.vr1A.HW:gVfIM(tM1'+14k1YlinJLlrIlM1 J➢(M1YYIIAYWfM1Yt1 City of Sunny Isles Beach I Planning and Zoning Department r TDR 2011 Cli EXISTING USE OF PROPERTY Residential EXISTING STRUCTURE ON PROPERTY Residential PROPOSED FLOOR AREA RATIO 4 922 SF DENSITY 0 PERCENTAGE OF RIGHTS TO BE RECEIVED SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 313 SF DWELLING UNITS TO BE RECEIVED 0 TOTAL FLOOR AREA. RATIO INCLUDING TDR 433;875 TOTAL DWELLING UNITS INCLUDING TDR 0 IN S DING SITE-INFORMATION— OWNERS IT { OWNERS NAME PHONE E-MAIL FAX ADDRESS 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 BAND DWELLING UNITS TRANFERED TO TDR BANK_. A`gnYi[44'VbNISlR0.Alu(qTl?.M11J�1.W4N�'Ap11V'RK�'fpN1':41Yry 1.Y/.I:WII�'N'9'IIM�KAr(sYY/.Irlrl�lAy�IAWRfttt1!/iYFW.OuvtublUv+vYv.IM1Y.'�TMHhtNR/n'MMI•/l+c7aY/iTrik�u:c�b'.PI�AH4YiM'M1N)1�1WVPNYU M'/Ni�n/lw1YAU.'LMIv/kill ' City of Sunny Isles Beach 2 Planning and Zoning Department TOR 2011 CI{ IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY T , CITY] NAME PHONE E-MAILFAX ADDRESS— 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 TILE SENDING SITE APPLICANT AS PART OF A COMPLETE APPLICATION NAME OF TITLE COMPANY, ADDRESS PHONE E-MAIL FAX VI. SURVEY COMPANY INFORMATION NAME OF SURVEYOR ADDRESS PHONE E-MAIL FAX VII. PROPERTY OWNER CERTIFICATION NAME OF COMPANY SUNNY ISLES LIVING LP ADDRESS 17749 Collins Ave. #602 PHONE• �(o� x 7 3 9 E-MAIL FAX VIII, OUTDOOR CODE VIOLATIONS, AS APPLICABLE, d.avn`.rmCnncrorn'lNlrevwanvrNnux+,xJren++mmxxvrcmllxraWNna�nvmanA.awr.ml.ov:oNnew.'t��munrbuvmrh+luxnr.Wne+'nonrsnml/urrrSayscaninuR.rfrrysaantmLn9ueY+m AruunKnavavMR City of Sunny Isles Beach 3 Planning and Zoning Department TOR 2011 CII (PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR) IX. CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING ADJACENTLOTS X. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGEMENT I HEREBY CERTIFY THAT 1) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACIIEMNTS ARE TRUE 2) I AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTION (11).(111) (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 BEACII, INCLUDING ITS OFFICERS AND EMPLOYEES, IN CONNECTION WITH ANY CLAIMS OR OTHER ACTIONS ARISING OUT OF SAID REVIEW AND APPROVAL, 4) 1 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. S) 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 TRANSFERRED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE AND BECOME EXTINGUISIZD AND UNUSABLE, SIGNATURE OF 0 ER (APPLICANT) DATE SIGNATURE OF CO-OWNER (CO -APPLICANT) DATE STATE OF FLORIDA. sa�:,=„R:-�«,. nTM�,,.r�,a�.,..��_ %..,::.,,,:, City of Sunny Isles Beach 4 Planning and Zoning Department TDR 201101 COUNTY OF MIAMI-DADE 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 and did take an oath. My Commission Expires: Notary Public State of Florida Print blame: STATE OF Q;aR*0 Mq U0X- COUNTY OF NSW Y04r_- The for 10 r instrument was acknowledged before me this qu*1'` day of 20,'A by ;sirW on behalf oftl 50"Al LP He/She is personally known to me o U� pv Ilwec;and did take an oath. My Commission Expires: 602. 41 Notary Public, State of A1Q,W oh1�. ..r..__ Print Name: tI'a, •STM OFMWYMK NOTARY PUBLIC' :. OrIW NNer floury;' � imrweenouur,vn:nuv�u.anm•.a:•craus,eaw nr-u , .r,ran ...-u. o.. a ,....v , v.. r:.. •n. , o.,. e .... . ...,. . ..... oY �e. ..:rtnrvracn•a,nxawomnnrr City of Sunny Isles Beach Planning and Zoning Department 'F\ y x QF Sts �{ h TO: VIA: FROM: DATE: RE: RECOMMENDATION: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Stan Morris, City Manager Amy Canales, Planning and Zoning Director July 28, 2022 Transfer Development of Rights for Balcony Enclosure at Mansions al Acqualina, Unit 602 (Application No. PZ2022-06) 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: t16' The Applicant is requesting approval for the purchase and assignment of TDRs in the amou31-- square feet of FAR and 0 dwelling units from the City's public TDR bank account. The apprao done by Appraisal First Real Estate Appraisers, LLC., date stamped June 3rd, 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 $39,125.00. The required deposit of 10% is equal to $3,912.00 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 Appraisal Report.pdf TDR Application.pdf W-0 v4— Item NumberK4A