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HomeMy WebLinkAboutReso 2022-3407RESOLUTION 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 313 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 313 SQUARE FEET OF FAR AND ZERO (0) DWELLING UNITS FROM CITY'S PUBLIC TDR BANK ACCOUNT AND ASSIGNING THE 313 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.'Z-%'Z lqj adopted on50E- 1S 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 4,922 square feet of FAR, an increase of 313 square feet of FAR for Unit 602, as well as for the purchase and assignment of TDRs in the amount of 313 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 313 square feet of FAR and zero (0) dwelling units; and WHEREAS, solely the TDRs in the amount of 313 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 313 square feet of FAR and zero (0) dwelling units to the Applicant and to reflect the TDRs assignment of solely the 313 square feet of FAR for the property located at 17749 Collins Avenue, Unit 602, Sunny Isles Beach; and WHEREAS, the property receiving the 313 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 313 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 payment in full in the amount of Thirty -Nine Thousand One Hundred Twenty -Five Dollars ($39,125.00) 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 313 square feet of FAR and zero (0) dwelling units from the City's public TDR account and to assign 313 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.'ZOZ',LAW 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 313 square feet of FAR and zero (0) dwelling units according to Zoning Resolution No. %Qyl' -Z-' Iq1. 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 15th day of September 2022. Dana Robin Goldman, Mayor ATTEST: W APPROVED AS TO FORM AND LEG L-STt ICIENCY: Mau iciolBetanf ur, CMC, City Clerk Edward A. Dion, City Attorney @BCL@BC092E1C.docx Page 2 of 3 485 Moved by: CwA%'-g(Cq4,&�LA4" Seconded by: �W1bVt� STAV Vote: J Mayor Goldman (Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) @BCL@BC092E1C.docx Page 3 of 3 486 RECEIVED ,JUN -3 2022 P 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 487 AppraisalFirst Real Estate Appraisers LLC 1444 Biscayne Boulevard, Suite 211 Miami, Florida 33132 Phone: 305-470-2130 Fax:305-381-8047 E-mail: residential@apraisalfirst.net E-mail: frank(a?appraisalfirst.nct 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 -3 202.2 PZaoaa v.� 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 177t1i and 178i1' 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. 488 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 FERREA 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. 489 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 490 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 $125.00 491 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 F,Yhihitc Location Map 2 Neighborhood Map 16 Aerial Photograph 23 Land Sales Map 29 492 RECEIVED ate Received ate`Ps�itbd - 202.2 RZ>�D PLANNING & ZONING DEPT. 'City of Sunny Isles Beach, FL10 ry�c oy*,Opyw� err op sure ha APPLICATION FORM TRANSFE, R OF DE, VELOPMENT RIGHTS PROGRAM CER'TIFICATEf Cleric of Court Use Only NAME SUNNY ISLES LIVING LP PHONEYIIa-60-1 " 1''`I E-MAIL FAX ADDRESS 17749 Collins Ave. #602 CITY AND STATE_Sunny Isles Beach FL ZIP CODE 33160 II. RECEIVER SITE INFORMATION AS APPLICABLE OWNERSNAME SUNNY ISLES LIVING LP PHONE FAX ADDRESS 17749 Collins Ave. #602 CITY AND STATE Sunny Isles Beach FL ZIP CODE 33160 PROPERTY ADDRESS/LOCATION 17749 Collins Ave. #602 17749 COLLINS AVENUE CONDO # 602 UNDIV 1.162791% LBOAL DESCRIPTION INT IN COMMON ELEMENTS OFF REC 29719.2548 FOLIO NUMBER 31_-2211-083-0460 CURRENT ZONING Residential PROPERTY SIZE 4,609 SF PURCHASE DATE 03//2022 Wllwi1g4W1qwxwpWllwlMy/NAYIMI[OV.Y6YyttlW11L4NaXaN/i111NIY✓.MI11ri0/x:IIHM\Y.,1W':Vuxluq;xHluW:nwl4Au.unuwwrn%v �N1x'+Ue•Hxrty,W11W111{IYfiMK'FYOz.HW;rYfwlrM'IL9fWrurvwuMlrWa1/n1xxWIf.W1 City of Sunny Isles Beach Planning and zoning Department 493 TDR 2011 CH 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 FLUOR AREA RATIO INCLUDING TDR 4331875 TOTAL DWELLING UMTS INCLUDING TDR 0 III. SENDINU RITE INFORM ATION 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 BANK DWELLING UNITS TRANFERED TO TDR BANK HANY31ViMSIAAVACM%/i4VP71Y.4W�'111HNilIPY1JIK:CMbkIiWYIINP'AWRY:MP414W1.1/Ii1tx414e0nM11IMWIDPw,N'-vn1Y4,tiW1h1y.V.M0.MrlIVPiWMNY/41/R�+FAIR/Mn4VMKINNPMP1tltNfY4vVN4KWy� City of Sunny Isles Beach 2 NII4I1P11 1 Planning and Zoning Department 494 TDR 4011 CH IV. APPRAISAL INF ORMNIrION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY THE CITY] NAME PHONE E-MAIL FAX 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 TIIE 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 CERTMICATION NAME OF COMPANY SUNNY ISLES LIVING LP ADDRESS 17749 Collins Ave. #602 PHONE 111 I06q a134 E-MAIL FAX VIII, OUTDOOR CODE 'VIOLATIONS, AS APPLICABLE yxvuuanueroxwuenmaurnwrweveexuerrsuvawcvvnarxmukrn�xauarwc.mmr2wa:xermusw�arrowxrmranxuuaunovmrmwvnvw.,nn+�rmranmvuM»hvcwxntnarauvrrmmrm>rnnvaworaruvmen,®a�uxma City of Sunny Isles Beach Planning and Zoning Department. 495 7'UR 2011 ell (PROVIDE CERTIFICATION 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 (II)(i1 (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 EXTINGU - 3D AND UNUSABLE. 5- Ab A SIGNATURE OF OVRER (APPLICANT) DATE SIGNATURE OF CO-OWNER (CO -APPLICANT) DATE STATE OF FLORIDA City of Sunny Isles Beach 4 Planning and Zoning Department 496 TDR 2011 CFI 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 rite or has produced (type of identification produced) as identification and did take an oath. My Commission Expires: Notary Public State of Florida Print Name: STATE OF Wg6W0 Mw Uokv- COUNTY OF hff=-NSW K�C - The foregoin r instrument was acknowledged before me this. 10*"' day of &q_^ 20rA on behalf of 0r,"9sk.% L.. , n, a ji,WlAk &4k_r664 , He/She is personally known to me ee1 pwl> d•and did take an oath. My Commission Expires: 602.41 :NOTARY AU$L1C :4rIWhller Cau�y;' tv OiWAQ �y Notary Public, State of Print Natim - lu ,�d♦h xYUYwlwi..YV.RrtNAtM'+'olPly.vnH•.r.Y�ul�cw'lnalVJ.rF•^rmu:����:-...i.:..:...:�::t�,t.l.:.V.�...lv.Ir1.Yf:llr:.v.11ly-.:+..:.: �'rn n'.-�•_•'.. V..Y. .I r. ..,vv .Y ...isx"n.Y1Y..5L.tic.ru!.YR'NYII.V:.!�c�Y.i+t54Cafillit City of Sunny Isles Beach S Planning and Zoning Department 497 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: Amy Canales, Planning and Zoning Director DATE: September 15, 2022 RE: Transfer Development of Rights for Balcony Enclosure at Mansions al Acqualina, Unit 602 (Application No. PZ2022-06) 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 31 -- 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 June 3rd, 2022, reflects the squan 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 total amount of the approved purchase price of $39,125.00 for the TDRs is due withir ten (10) working days of approval. The effect of the TDRs purchase and approval on the project woulc be an increase in intensity (square footage). ATTACHMENTS: Resolution (Added on 9/15/22) Appraisal Report.pdf TDR Application.pdf Item Number: 10.1.1 483