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HomeMy WebLinkAboutReso 2023-3507RESOLUTION NO. 2023 - --O 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 789 SQUARE FEET OF FLOOR AREA RATIO ("FAR") AND ZERO (0) DWELLING UNITS FROM THE CITY'S PUBLIC TDR BANK ACCOUNT TO CAROL A. NAPPI TRS; AUTHORIZING THE DEVELOPMENT SERVICES DIRECTOR TO WITHDRAW 789 SQUARE FEET OF FAR AND ZERO (0) DWELLING UNITS FROM CITY'S PUBLIC TDR BANK ACCOUNT AND ASSIGNING THE 789 SQUARE FEET OF FAR TO THE PROPERTY LOCATED AT 17749 COLLINS AVENUE, COMBINED UNIT 2401-2402; 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 Z l9 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 Carol A. Nappi TRS ("Applicant") related to the property located at 17749 Collins Avenue, combined Unit 2401-2402, Sunny Isles Beach, Florida, for intensity increases of the overall Floor Area Ratio (FAR) square footage from 8,476 square feet of FAR to 9,265 square feet of FAR, an increase of 789 square feet of FAR for combined Unit 2401-2402, as well as for the purchase and assignment of TDRs in the amount of 789 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 789 square feet of FAR and zero (0) dwelling units; and WHEREAS, solely the TDRs in the amount of 789 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, combined Unit 2401-2402, Sunny Isles Beach; and WHEREAS, the City's public TDR Bank account will be adjusted to reflect the withdrawal of 789 square feet of FAR and zero (0) dwelling units to the Applicant and to reflect the TDRs assignment of solely the 789 square feet of FAR for the property located at 17749 Collins Avenue, combined Unit 2401-2402, Sunny Isles Beach; and WHEREAS, the property receiving the 789 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@9COB66B8.docx2401-2402 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 789 square feet of FAR and zero (0) dwelling units from the City's public TDR account to Carol A. Nappi TRS. Carol A. Nappi TRS shall submit to the City the total amount of the approved purchased price of $98,625.00 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 789 square feet of FAR and zero (0) dwelling units from the City's public TDR account and to assign 789 square feet of FAR for the development project for the property located at 17749 Collins Avenue, combined Unit 2401- 2402, Sunny Isles Beach, Florida approved under Zoning Resolution No. -23-7--J9(,-.. 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 789 square feet of FAR and zero (0) dwelling units according to Zoning Resolution No.23-Z-lq(o . 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 becomeXffective upoNdoption. PASSED AND ADOPTED this 15th Larisa Svechin, Mayor @BCL@9COB66B8.docx2401-2402 Page 2 of 3 tl C . t. ATTEST:' 7 Mauricio Qetancur, CMC, city Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A ain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: I � c e �S Seconded by: L4� % (i Vote: Mayor Svechin Vice Mayor Joseph Commissioner Lama Commissioner Stuyvesant Commissioner Viscarra (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) @BCL@9C0B66B8.docx2401-2402 Page 3 of 3 210 RECEIVED Ci y s Ul ly 1 2023 PLaNNING & ON NG DEPT. C&AftpRnny Isles Beach, FL ^y 9y/` �r F * FLOCp5 c�T r OF s u o Pkv APPLICATION FORM TRANSFER OF DEVELOPMENT RIGHTS PROGRAM CERTIFICATE Clerk of Court Use Only I. ---APPL-IOANT-M0RIVIATI0 NAME Carol A Nappi TRS LINGER TRUST PHONE 315-345-8900 E-MAIL, FAX ADDRESS 17749 COLLINS AVE. #2401 CITY AND STATE SUNNY ISLES BEACH, FL ZIP CODE 33160 II. RECEIVER SITE INFORMATION AS APPLICABLE OWNERS NAME Carol A Napp! TRS LINGER TRUST PHONE EMAIL FAX ADDRESS 17749 COLLINS AVE. #2401 CITY AND STATE SUNNY ISLES BEACH, FL ZIP CODE 33160 PROPERTY ADDRESS/LOCATION 17749 Collins Ave. #2401, Sunny Isles Beach, FL 33160 LEGAL DESCRIPTION 17749 COLLINS OFF REO 29719-2548 AVENUE CONDO, UNIT 2401 - UNDIV 1.162791% - INT IN COMMON ELEMENTS FOLIO NUMBER 31-2211-083-0200 CURRENT ZONING MU -R, Mixed Use - Resort District PROPERTY SIZE 8476 SF PURCHASE DATE 05/16/2022 .uwi>xYaxrzu_4f.nVitV.:'R.autY...:.ui.i: la�V.y.:...r.y,.�..r...:.f�i.........,..i-hi.�.u...-�...-.i.:s...-r.......•i ��i..ir:..i.:-r'.t•.i.i'..��:.ir'-:r:i.:.•-:i is.. .. :i v•w�l'a -� c - City of Sunny Isles Beach I Planning and Zoning Department 211 TDR 2011 CM EXISTING USE OF PROPERTY Commerical Residentail EXISTING STRUCTURE ON PROPERTY Commerical Residential PROPOSED FLOOR AREA RATIO 435.801 SF DENSITY PERCENTAGE OF RIGHTS TO BE RECEIVED SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED— 789 DWELLING UNITS TO BE RECEIVED 0 TOTAL FLOOR AREA RATIO INCLUDING TDR TOTAL DWELLING UMTS INCLUDING TDR 0 III. SENDING SITE INFORMATION [WA 11011tI:I,`i 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 Mai»U6.YlJfr:rnY..f/q.�rY.'.Ylr1�>F:tUY.'.•.b.�r•:.M'.�::V�urn Sr..Y.r::-.r.uvn.•�•r.-r�.n..r.-ur..vr �..r�..r _. ... o •,.�.! xri .._... �n. �.n. �.+a1.i�wrr!•l se�•�iu City of Sunny Isles Beach 2 Planning and Zoning Department 212 TDR 3011 CH IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE APPROVED BY THE CITY] NAME APPRAISALFIRST PHONE 305-470-2130 E-MAILfrank(a)-appraisalfirst,net FAX ADDRESS 8101 Biscayne Boulevard, Suite R-516 CITY AND STATE Miami, FL ZIP CODE 33138 DATE OF APPRAISALMay 8, 2023 APPRAISAL VALUE OF SITE __$1255.00 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 E-MAIL FAX VI. SURVEY COMPANY INFORMATION NAME OF SURVEYOR ADDRESS PHONE E-MAIL FAX VII. PROPERTY OWNER CERTIE'ICATION NAME OF COMPANY ADDRESS PHONE E-MAIL FAX VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE LNH19,eaLw.tlu:xrs:Tmucrarlz:+.icu-pu.:,ua:.c.cpbuu .,v.... ��<ol. �. ..,,. �•., .�a, .v,�rc. u. .,.:,�...�o�ra �. m�..-n�„ .z,a ar.,_�u. ,err, ,.. ..r,. e City of Sunny Isles Beach Planning and Zoning Department 213 TDR 2011 CH (PROVIDE CERTIFICATION PROM CITY'S C1-HEF 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) 1 AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTION (11) (III) (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 BEACH, INCLUDING ITS OFFICERS AND EMPLOYEES, IN CONNECTION WITH ANY CLAIMS OR OTHER 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 DEVELOPEiVINT RIGHTS TRANSFERRED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE AND BEC IVIE E INGUISHED AND UNUSABLE. r 05/05/2023 SIGNATURE OF 6111ER (APPLICANT) DATE SIGNATURE OF CO-OWNER (CO -APPLICANT) DATE STATE OF FLORIDA �s�cL�trt�LYcriYir:Y.QIP+'wtlsYN�%Yfr:3?.JiAC:\:•n•�•.rAF'l 1iFUG'. �.'lt�:•Ct::lr.e .�r.^r:. rrn. r.".^I .r �,�:JK.lt:r� . .:: ••r. r•H-c>J-�.:vU .te.�: _�_ .�v._L•�. -n1r. •+L•_!:-err;n.r ir:�.�nY City of Sunny Isles Beach 4 Planning and Zoning Department 214 TDR 2011 CH COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 05 clay of 05 2023 20 , by,'6& Z�, on behalf of Carol A Nappi TRS a Florida da (corporation) (partnership) (other) He /She is personally known to me or has produced (type of identification produced) as identification and did talce an oath, My Conu ' es ANASTASIA KHOMHAHYAN •,,...Yp.,�• I[, Notaty Public �5 f(�.te of Florida A.g, MYCOMMISSION#HH H172106 �/ EXPIRES: September 1, 2625 Bonded Thru Notary PuMic Undembrs Punt Name: Anastasia Khodzhabyan STATE OF FLORIDA 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 produced and did take an oath. My Commission Expires: Notary Public, State of Florida at Large Print Name: City of Sunny Isles Beach ti Planning and Zoning Department 215 CITY OF y \SLESo Ln RECEIVE® PZ2023-09 May 9, 2023 PLANNING & ZONING DEPT. 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 2401 SUNNY ISLES BEACH, FLORIDA 33160 Appraisal No. 05-23-159 Carol A Nappi TRS Linger Trust 17749 Collins Avenue, # 2401 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 216 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(aapraisalfirst.net E-mail: frankna,appraisalfirst.net May 9, 2023 Carol A Nappi TRS Linger Trust 17749 Collins Avenue, # 2401 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 2401, 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 two years. 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 789 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. 217 Carol A Nappi TRS Linger Trust Page Two The subject unit, which is unit 2401, contains 9,218 square feet, and a five bedroom, six and one half bathroom floor plan. The unit owner is planning to enclose an approximate 789 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. 218 Carol A Nappi TRS Linger 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 subject property, as a fee simple estate, as of May 8, 2023, is: $125.00 Per SF of Allowable FAR Respectfully submitted, Frank Hornstein, MAI State -Certified General Real Estate Appraiser, No. RZ1376 219 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 2401 Sunny Isles Beach, Florida 33160 Unit Folio No. 31-2211-083-0200 and 0630 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) May 8, 2023 May 9, 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 $125.00 220 g t PLO c,rr of suth 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 TDRs Purchase for Balcony Enclosure at 17749 Collins Avenue, Unit 2401 2402 (Application No. PZ2023-09) 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 78� 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 May 9,2023, reflects the square foot market value of the subject property (17749 Collins Ave) as $125.00 per square feet. The Applicant has agreed to pay the square foot value of $125.00. Thus, the total TDR purchase is $98,625.00. The tota amount of the approved purchase price of $98,625.00 for the TDRs is due within ten (10) working days of approval. The effect of the TDRs purchase and approval on the project would be an increase it intensity (square footage). ATTACHMENTS: Resolution TDR Application Appraisal Report Item Number: 10.13 207