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
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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