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HomeMy WebLinkAboutReso 2023-3506RESOLUTION NO. 2023 - 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 MMJM II TRUST, JENNIFER CUIPA TRS, MICHAEL RICCCARDI TRS, AND DAVID DONOFRIO TRS; 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 1801; 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.23 adopted on June 15, 2023, 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 MMJM II Trust, Jennifer Cuipa TRS, Michael Riccardi TRS, and David Donofrio TRS ("Applicant") related to the property located at 17749 Collins Avenue, Unit 1801, 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 1801, 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 1801, 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 1801, 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. @BCL@940B9BD4.docx 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 MMJM II Trust, Jennifer Cuipa TRS, Michael Riccardi TRS, and David Donofrio TRS. MMJM II Trust, Jennifer Cuipa TRS, Michael Riccardi TRS, and David Donofrio TRS shall submit to the City the total amount of the approved purchased price of $39,125.00 for the TDRs purchased from the City Bank. Failure to pay the required deposit within ten (10) 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. 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 1801, Sunny Isles Beach, Florida approved under Zoning Resolution No: ? - -2-1151. 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. 23-2--115-- Section '3Z_-l`5-. 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 da, Larisa Svechin, Mayor @BCL@940B9BD4.docx Page 2 of 3 Mauricjo Betancur,rMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ,--. n� W AT in E- Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:6991:!1 S/d ,SY Seconded by: Vote: Mayor Svechin Vice Mayor Joseph Commissioner Lama Commissioner Stuyvesant Commissioner Viscarra @BCL@940B9BD4.docx Z(Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) Page 3 of 3 196 RECEIVED TDR 7011 CH �AY 1 5 2023 fZZ3 _C8 PLANRfIGeWMNG-DEPT City �P& , FL APPLICATION FORM TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE Clerk of Court Use Only Pb1e*N3-M0RMATi0 NAME MMJM II TRUST, Jennifer Guipa TRS Michael Riccardi TRS, David Donofrio TRS PHONE E-MAIL FAX ADDRESS 17749 COLLINS AVE. #1801 CITY AND STATE SUNNY ISLES BEACH, FL ZIP CODE 33160 II. RECEIVER SITE INFORMATION AS APPLICABLE OWNERS NAME MMJM II TRUST Jennifer Cuiaa TRS Michael Riccardi TRS David Donofrio TRS PHONE E-MAIL FAX ADDRESS 17749 COLLINS AVE. #1801 CITY AND STATE SUNNY ISLES BEACH, FL ZIP CODE 33160 PROPERTY ADDRESS/LOCATION 17749 Collins Ave, #1801, Sunny Isles Beach, FL 33160 LEGAL DESCRIPTION 1. F REC 29719 AVENUE CONDO, UNIT 1801 - UNDIV 1.162791% - INT IN COMMON ELEMENTS FOLIO NUNIBER 31-2211-083-0140 CURRENT ZONING n U -R, Mixed Use - Resort District PROPERTY SIZE 4,609 SQFT PURCHASE DATE City of Sunny Isles Beach I Planning and Zoning Department 197 r TDR 2011 CH EXISTING USE OF PROPERTY Commerical Residentail EXISTING STRUCTURE ON PROPERTY Commerical Residential PROPOSED FLOOR AREA RATIO 9Z2 ,sF DENSITY O 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 TOTAL DWELLING UMTS INCLUDING TDR III. SENDING SITE MORMTrON OWNERS NAII+B - -- PHONE E-MAIL FAX ADDRESS CITY AND STATE ZIP CODE PROPERTY ADDRESSILOCATION 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 City of Sunny Isles Beach 2 Planning and Zoning Department 198 TDR 3011 CH IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY THE CITY] NAME APPRAISALFIRST PHONE-195---4-7-0---2-1-3-0—E-MAIL frank@appraisalfirst.net FAX ADDRESS 8101 Biscayne Boulevard, Suite R-516 CITY AND STATE Miami, FL ZIP CODE 33138 DATE OF APPRAISAL Aprll 27 2023 APPRAISAL VALUE OF SITE $125-00 per SF of Allowable FAR 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 &MAIL FAX v SURVEY COMPANY INFORMATION NAME OF SURVEYOR ADDRESS PHONE E-IvitLIl FAX VII. PROPERTY OWNER CERTIFICATION NAME OF COMPANY ADDRESS PHONE E-ivtAl.L. VIIl. OUTDOOR CODE VIOLATIONS, AS APPLICABLE City of Sunny Isles Beach 3 Planning and Zoning Department 199 TDR 2011 CH (PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR) LX, CERTIFICATION OF RESOLUTION FOR YOUR PROPERTY AND INCLUDING ADJACENT LOTS X. PROPERTY OWNER CERTIFICATION AND ACKNOWLEDGEMENT I HEREBY CERTIFY THAT I) THE INFORMATION FURNISHED ON THIS APPLICATION AND THE ATTACHEIVINTS ARE TRUE THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTION. 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 BEACH, INCLUDING ITS OFFICERS AND EMPLOYEES, IN CONNECTION WITH ANY CLAIMS OR 01— ER 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 FROM THE SITE SHALL BE AT NO COST TO THE CITY. 5) 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 RECOM& EXTINGUISHED AND UNU ABLE, oe SIGNATURE OF OWNER (APP CANT) !DATE SIGNATURE OF CO-OWNER (CO—APPLICANT) DATE STATE OF FLORIDA \sIIrnitvwfcwARf\6�eartnl�.f . , �•••_�• rfnruy....1•Gt4:��ASCn�E.c.9 <•A��r•»nrv:....r •..�.r.-r.. , c r'. \r�. .. .. �� r...♦:,w♦.A\•:�.vt�...,w.,F�n���:lc.u..r nVvu rwrur..4w ha�.J:m •� City of Sunny Isles Beach 4 Planning and Zoning Department 200 TDR 2011 CH COUNTY OF MIAMI -DARE The foregoing instrument was acknowledged before me this 7 day of-- >f 20by DAM) `h' qo �I O on behalf of !A SSM ! i TU a Florida (corporation) (partnership) (other) He /She is personally known to me or has produced i>EI�IS_ 1,SE __(type of identification produced) as identification and did take an oath. My Commission Expires: /2-1(pla(Q F+ ", CHM T, PIM." :r ti WCOMNi$SIOM/HH=M Exoeo�n�e zone STATE OF FLORIDA COUNTY OF MIAMI -DARE Notary Public State of Florida Print Name: (-Ay1 r- ' 1-W-4StM The foregoing instrument was acknowledged before me this day of 2O'A 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 OWT PIMKSTON 3M :* MYCOMIIIIS "8HH338699 EVME8: 0ecemW6. 2028 Notary Public, State of Florida at Large Print Name: (� 1�UU� T Tirt141 7 ( j City of Sunny Islas Beach -..__.._.... .... S .... A.,. ~~ IPlanning and Zoning Department 201 RECEIVED MAY 5 2023 PZaC673 -08 (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 1801 SUNNY ISLES BEACH, FLORIDA 33160 Appraisal No. 04-23-142 FOR MMJM H Trust Jennifer Cuipa Trs. Michael Riccardi Trs. David Donofrio Trs. 17749 Collins Avenue, # 1801 Sunny Isles Beach, Florida 33160 c/o Carmen Tillit East of Collins -Expediting BY APPRAISALFIRST Real Estate Appraisers, LLC 8101 Biscayne Boulevard, Suite R-516 Miami, Florida 33138 202 AppraisalFirst Real Estate Appraisers LLC 8101 Biscayne Boulevard, Suite R-516 Miami, Florida 33138 Phone: 305-470-2130 Fax: 305-381-8047 E-mail: residential@apraisalfirst.net E-mail: frank na appraisalfirst.net April 28, 2023 MMJM II Trust Jennifer Cuipa Trs. Michael Riccardi Trs. David Donofrio Trs. 17749 Collins Avenue, # 1801 Sunny Isles Beach, Florida 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 1801, 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, 2023. 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. 203 MMJM H Trust Page Two The subject unit, which is unit 1801, contains 4,609 square feet, and a 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. 204 MMJM II Trust 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 subj ect property, as a fee simple estate, as of April 27, 2023, is: $125.00 Per SF of Allowable FAR Respectfully submitted, Frank Hornstein, MAI State -Certified General Real Estate Appraiser, No. RZ1376 205 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 1801 Sunny Isles Beach, Florida 33160 Unit Folio No. 31-2211-083-0140 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) April 27, 2023 April 28, 2023 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 $125.00 206 r,rr ofPLO swK ��� 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 June 15, 2023 Purchase of TDRs for Balcony Enclosure at 17749 Collins Avenue, Unit 180: (Application No. PZ2023-08) Staff has compiled the relevant facts of the requested purchase and assignment of TDRs anc recommends the application be presented to City Commission for consideration. REASONS: The Applicant is requesting approval for the purchase and assignment of TDRs in the amount of 31-2 square feet of floor area and 0 dwelling units from the City's public TDR bank account. The appraisa report completed by Appraisal First Real Estate Appraisers, LLC., date stamped May 5, 2023, reflect the square foot market value of the subject property (17749 Collins Ave) as $125.00 per square foot. 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) for the Mansions at Acqualina project. ATTACHMENTS: Resolution TDR Application Appraisal Report Item Number: 10.A 193