HomeMy WebLinkAboutReso 2022-3408RESOLUTION 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 824 SQUARE FEET OF
FLOOR AREA RATIO ("FAR") AND ZERO (0) DWELLING UNITS FROM THE CITY'S
PUBLIC TDR BANK ACCOUNT TO LEN A. HAUSSLER; AUTHORIZING THE
DEVELOPMENT SERVICES DIRECTOR TO WITHDRAW 824 SQUARE FEET OF FAR
AND ZERO (0) DWELLING UNITS FROM CITY'S PUBLIC TDR BANK ACCOUNT AND
ASSIGNING THE 824 SQUARE FEET OF FAR TO THE PROPERTY LOCATED AT
17749 COLLINS AVENUE, UNIT 3901-02; 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.�tdopted on S Z zlhe City
Commission of the City of Sunny Isles Beach (the "City Commission") approved the Site Plan
Modification & Transfer of Development Rights ("TDRs") submitted by Len A. Haussler
("Applicant") related to the property located at 17749 Collins Avenue, Unit 3901-02, Sunny Isles
Beach, Florida, for intensity increases of the overall Floor Area Ratio (FAR) square footage from
9,218 square feet of FAR to 10,042 square feet of FAR, an increase of 824 square feet of FAR for
Unit 3901-02, as well as for the purchase and assignment of TDRs in the amount of 824 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 824 square feet
of FAR and zero (0) dwelling units; and
WHEREAS, solely the TDRs in the amount of 824 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 3901-02, Sunny Isles Beach; and
WHEREAS, the City's public TDR Bank account will be adjusted to reflect the withdrawal
of 824 square feet of FAR and zero (0) dwelling units to the Applicant and to reflect the TDRs
assignment of solely the 824 square feet of FAR for the property located at 17749 Collins Avenue,
Unit 3901-02, Sunny Isles Beach; and
WHEREAS, the property receiving the 824 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 3901-023901-02 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
Len A. Haussler. The City Commission hereby approves the sale and assignment of Transfer of
Development Rights ("TDRs") in the amount of 824 square feet of FAR and zero (0) dwelling units
from the City's public TDR account to Len A. Haussler. Len A. Haussler shall submit to the City
payment in full in the amount of One Hundred Three Thousand Dollars ($103,000.00) 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 824 square feet of FAR and zero (0)
dwelling units from the City's public TDR account and to assign 824 square feet of FAR for the
development project for the property located at 17749 Collins Avenue, Unit 3901-02, Sunny Isles
Beach, Florida approved under Zoning Resolution No. (Ij -
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 824 square feet of FAR and zero (0) dwelling units according to Zoning
Resolution No. UZy. Z• (12,.
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.
A
PASSED AND ADOPTED this 15th day of September 2022.
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGA FFICIENCY:
Ma ici Betan ur, CMC, City Clerk Edward A. Dion, City Attorney
@BCL@C4095763.docx3901-02 Page 2 of 3 5500
Moved by: CC 1 HOC— v4sc Seconded by: 66tusG&CW�Av�;
Vote:
Mayor Goldman
(Yes)
(No)
Vice Mayor Viscarra
(Yes)
—77
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
@BCL@C4095763.docx3901-02 Page 3 of 3 501
RECEIVED
AUG 9 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 3901/02
SUNNY ISLES BEACH, FLORIDA 33160
Appraisal No. 07-22-249
FOR
Len A and Jakki L Haussler
17749 Collins Avenue, TS 3901/3902
Sunny Isles Beach, Florida 33160
c/o Carmen Tillit
East of Collins -Expediting
BY
APPRAISALFIRST
Real Estate Appraisers, LLC
1444 Biscayne Boulevard, Suite 211
Miami, Florida 33132
502
AppraisalFirst
Real Estate Appraisers LLC
1444 Biscayne Boulevard, Suite 211
Miami, Florida 33132
Phone: 305-470-2130
Fax: 305-381-8047
E-mail: residentialnaapraisalfirst.net
E-mail: frankna,appraisalfirst.net
August 9, 2022
Len A and Jakki L Haussler
17749 Collins Avenue, TS 3901/3902
Sunny Isles Beach, Florida 33160
c/o Carmen Tillit
East of Collins -Expediting
RECEIVED
AUG 9 202-2
PZao
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 TS
3901/3902, 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 824 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"' 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.
503
Len A and Jakki L Haussler
Page Two
The subject unit, which is unit 3901/3902, contains 9,218 square feet, and four bedroom, four and
one half bathroom floor plan. The unit owner is planning to enclose an approximate 824 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.
504
Len A and Jakki L Haussler
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. I have provided similar TDR appraisals within the project.
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
August 8, 2022, is:
$125.00 Per SF of Allowable FAR
Respectfully submitted,
Frank Hornstein, MAI
State -Certified General
Real Estate Appraiser, No. RZ1376
505
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 3901/3902
Sunny Isles Beach, Florida 33160
Unit Folio No.
31-2211-083-0350 and 0780
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)
August 8, 2022
August 9, 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
506
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
507
TABLE OF CONTENTS (Continued)
Addenda
Subject Photographs
Property Tax Card
Property Survey and Legal Description - Parent Tract
Flood Zone Designation & Map
Floor Plan
Zoning Code
Engagement Letter
Qualifications of Appraiser
508
TUR 2011 C1
City Use Only
Date Received_.___
Date Issued--------._
Resolution
^y c9s�t
FLr.0 a v.r
m t, �� S
,rr OF SUFI
APPUC'ATION FORME
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
_.___-_.__.._._.__..-L;___._._...-AI,PLIC='ANT--INF�➢I�I�IATI�is1_
NAME Len A Haussler
PI IONE
MAIL
ADDRESS 17749 Collins Ave. #3901-02
RECEIVE®
AUG 5� Lr/J202.2
rzrC>f
PLANNING & ZONING DEPT.
City of Sunny Isles Beach, FL
Ax
Clerk of Court Use Only
CITY AND STATE Sunny Isles Beach FL ZIP CODE 33160
IL RECEIVER SITE INFORMATION AS APPLICABLE
OWNERS NAME Len A Haussler
PHONE F; -MAIL F
ADDRESS 17749 Collins Ave. #3901-02
CITY AND S'TA'TE Sunny Isles Beach FL ZIP CODE 33160
PROPERTY ADDRESS/LOCATION 17749 Collins Ave. #3901-02
17749 COLLINS AVENUE CONDO # 3901 UNDIV 1.162791%
1:F GAl_, DF'SCRIPTION INT IN COMMON ELEMENTS OFF REC 29719-2548
FOLIO NUMBER 31-2211-083-0350 CURRENT'Z,ONING Residential
PROPERTY SIZE 9.218 SF PURCHASE DATE 09/27/2021 _
City of Sunny Isles Beach I Planning and Zoning Department
509
TDR 2011 CH
EXISTING USE OF PROPERTY Residential
EXISTING STRUCTURE ON PROPERTY Residential
PROPOSED FLOOR AREA RATIO 10.042 SF DENSITY.
PERCENTAGE OF RIGHTS TO BE RECEIVED
SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 824 SF
DWELLING UNITS TO BE RECEIVED 0
TOTAL FLOOR AREA RATIO INCLUDING TDR 434,386 SF
TOTAL, DWELLING UNITS INCLUDING TDR 0
N
III. W SENDING SITE
OWNERS NAME
PHONE E-MAIL FAX
ADDRESS
CITY AND STA
PROPERTY ADDRESS/LOCATI
LEGAL DESCRIPTION
CODE
FOLIO NUMBER CURRENT ZONING
PROPERTY SIZE PURCHASE DA
EXISTING USE OF PROPERTY
EXISTING STRUCTURES ON PROPERTY
BASE FLOOR AREA RATIO PERIviI"I"I'ED UNITS PERMITTED
SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANI{
DWELLING UNITS TRANFERED TO TDR BANK
City of Sunny Isles Beach 2 Planning and Zoning Department
510
FDR 2011 CH.
IV. APPRAISAL INFORMATION - AS APPLICABLE (APPRAISER IVI[JST BE
APPROVE() BYTHECITY1
NA
PHONE
ADDRESS
CITY AND STATE z I P (" 0 D E
DATT, OF APPRAISAI.
APPRAISAL VALUE Or-SITF.
SI, TITLE COMPANY INFORMATION AS APPLICABLE [TITLE COMPANY MUST'
-- - ------- I -- -------
BE APPROVED BY CITY]
A CONIMITMENT OF TITLE INSURANCE FOR A FORM "B" MUST BE SUPPLIED BY THE
SENDING SITE APPLICANT' AS PART OP' A COMPLETE APPLICATION
NAME OFTITLE'CO N4 PAN Y
ADDRESS_
PHONE E-MAIL FAX
VI. SURVEY COMPANY INFORMATION
NAME OF SURVEYOR
ADDRESS
PHONE —E-MAIL-- FAX
V11. PROPERTY OWNER CERTIFICATION
NAME OF COMPANY Len A Haussler
ADDRESS 17749 Collins Ave. #3901-02
PHONE F
VIII. OUTDOOR CODE VlO1,ATlONS, AS APPL,ICABL,E
City Of Sunny Isles Beach 3 Planning and Zoning Department
511
MR 2011 Cl(
(PROVIDE, CERTIFICATION FROM C'IT'Y'; CHIEF CODE ImpwrOR)
IX. CERTIFICATION OF RESOLIJTION FOR YOUR PROPERTY AND INCLUDING
ADJACENT LOTS
X. PROPERTY O) AINER CERTIFICATION AND ACKI IONo I/LE'DGEME,NT
I HEREBY CL;P.TIFY THAT
1) THE INFORMATION FURNISHED ON THIS APPLICATION AND TI-ll:A'ITACI-IENN"T'S
ARE TRUE
2) I AM THE OWNER O_F_RE'CORD OF THE PROPERTY DESCRIBED IN SECTION (IIL(IIIZ�� __
(circle applicable number). W
3) IF THE APPLICATION, AS MODIFIED OR AMENDED DURING THE REVIEW AND
APPROVAI., PROCESS, IS GRANTED, I AGREE, 1N CONSIDERATION THEREFORE, TO
INDEMNII.-Y AND HOLD HA.RML,ESS, AND PROtNIISE NOT TO SUE, THE CITY OF
SUNNY ISLES BEACH, INCLUDING ITS OFFICERS AND EMPLOYEES, TN
CONNECTION WITII ANY CL AIMS OR O"I'1IE R ACTIONS ARISING OUT OF SAID
REVIEW AND APPROVAL,
T) 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
WITUOUT ANY STRUCTURES LOCATED TIIEREON, UNLESS OTHERWISE
AAPROVED BY TILE CITY MANAGER, THE REMOVAL OF STRUCTURES FROM THE
SITE SHALE. BE AT NO COST TO THE CITY.
5) 1 HEREBY ACKNOWLEDGE AND AGREE THAT, AT THE EXPIRATION OF THE FIVE
YEAR PERIOD COMMENCING WITH THE DATE OF TIIE CITY COMMISSION
APPROVAL OF THE PROPERTY AS A SENDER SITE, ANY UNUSED DEVELOPENNT
RIGHTS TRANSFERRED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE AND
BECOME EXTINGUISHED AND UNUSABLE.
41
SIGNATURE OF OlA NER (APPLIC'ANT) DATE
2:7 12
SNATURE Of 0 -OWNER (CO -APPLICANT) DATE
STATE F FLORIDA
City of Sunny Isles Beach tt Planning and Zoning Department
512
TDA IN I CII
COUN'T'Y OF MIAMI -DARE
The foregoing instrument was acknowledged before me this "!' day of
by `�iL 1061u ✓ZZI` _ on behalf of
a Florida (corporation) (partnership) (other)
I -Ie /She is personally known to me or has produced
of identification produced) as idenliEication
and did take an oath.
ANASTASIA KHOUZHMYAN
MY COMMISSION # HH 172105
;Po? EXPIRES: September 1, 2025
Bonded Thru Notary Public Underwriters
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
- V� 4K?,i /
Notary Pu , State of Florida
Print Name: (L%�i.�l�<L//�l ///ol�/t,Z-'lfCl��
The foregoing instrument was acknowledged before me this /X` day of
20,,V, by �di�1_1/ on behalf of
_ _..
a Florida (corporation) (partnership) (other)
-- He/She is personally known to me or has produced
( type of identification produced) asidentification
produced and did take an oath.
My Commission Expires:
:y4 rv? ANASTASIAKHOURAVAN
Notary Public Sta �Toridaat Lar
MYCOMMISSIONIVHH172105Pt'intNante: GG�•��iia/t�tCO/2LGGkCl/L_ -
A* EXPIRES: September 1, 2025
BondedThruNotary Public Undervmlers
City of Sunny Isles Beach Planning and Zoning Department
513
y ' °v j'`�`�.�-- tiq • ,fir
Lo
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 3901-02 (Application No. PZ2022-08)
RECOMMENDATION:
This application is consistent with the City's Comprehensive Plan and the City's Land Developmerr
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 82z
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 August 9, 2022, reflects the squar,
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<
$103,000.00. The total amount of the approved purchase price of $103,000.00 for the TDRs is duE
within ten (10) working days of approval. The effect of the TDRs purchase and approval on the projecl
would be an increase in intensity (square footage).
ATTACHMENTS:
Resolution (Added on 9/15/22)
Appraisal Report
TDR Application
Item Number: 10.V
498