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