HomeMy WebLinkAboutReso 2025-3813RESOLUTION NO. 2025 -
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 V FEE FLORIDA REALTY LLC.; AUTHORIZING THE
PLANNING & ZONING 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 402; 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.25-7-Zl adopted on April 17, 2025, 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 V FEE FLORIDA REALTY LLC
("Applicant") related to the property located at 17749 Collins Avenue, Sunny Isles Beach, Florida,
for intensity increases of the overall Floor Area Ratio (FAR) square footage from 435,386 square
feet of FAR to 435,699 square feet of FAR, which is an increase of 313 square feet of FAR for Unit
402, 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 402, Sunny Isles Beach, resulting an
intensity increase for the unit from 4,609 square feet of FAR to 4,922 square feet of FAR; 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 402, 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.
R2025 (Unit 402) TDRs for Mansions at Acqualina 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 V
FEE REALTY LLC. 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 V FEE FLORIDA REALTY LLC. V FEE FLORIDA REALTY LLC shall
submit to the City the total amount of the approved purchased price of Thirty -Nine Thousand One
Hundred Twenty -Five Dollars and No Cents ($39,125.00) for the TDRs purchased from the City
Bank. Failure to pay the required deposit within ten (10) working days of approval of the TDRs
application and site plan application shall result in an automatic voiding of the City Commission
approval of the Receiving Site, transfer of TDRs, and Site Plan Approval.
Section 3. Authorizing the Withdrawal and Assignment of TDRs. The City Commission hereby
authorizes the Planning and Zoning Director to withdraw 313 square feet of FAR and zero (0)
dwelling units from the City's public TDR account and to assign 313 square feet of FAR for the
development project for the property located at 17749 Collins Avenue, Unit 402, Sunny Isles
Beach, Florida approved under Zoning Resolution No. S7 - Z-2-1 .
Section 4. Directive to Planning and Zoning Director. The Planning and Zoning Director or their
designee is hereby directed to adjust the City's public TDR account to reflect the withdrawal of
TDRs in the amount of 313 square feet of FAR and zero (0) dwelling units according to Zoning
Resolution No. 257 -2. -2_L4 --
Section 5. Authority of the City Manager and City Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 6. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and
are hereby repealed.
Section 7. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this day06�2025.
Larisa Svechin, Mayor
R2025 (Unit 402) TDRs for Mansions at Acqualina Page 2 of 3
@BCL@8COF26E8.docx Page 3 of 3 91
ain E. Boileau, for Nabors, Giblin &
Mau icio Betan r, CMC, City Clerk
Nickerson, P.A., City Attorney
Moved by: (.��i� . /�$/djllQ� ()�
Seconded by:
Vote:
Mayor Svechin
(Yes) (No)
Vice Mayor Lama
(Yes) (No)
�7e
Commissioner Joseph
Yes) (No)
Commissioner Stuyvesant
(Yes) (No)
Commissioner Viscarra
(Yes) (No)
@BCL@8COF26E8.docx Page 3 of 3 91
TDR 2011 CH
City Use Only
Date Received
Date Issued
Resolution
o
c�rY op SUN 00
APPLICATION FORM
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
I. APPLICANT INFORMATION
CITY op
y \S�ES6,
RECEIVED
PZ2025-06
3/7/2025
PLANNING & ZONING DEPT.
Clerk of Court Use Only
NAME .. 2 2 1 d c t ae o.( 1 �-�--�
PHONE ��13 l D --i --10 1 In E-MAIL innao(l i�Xuso� roJI FAX
X
ADDRESS 1-30 ROU �e- IL
CITY AND STATE I -J -T "LIP CODE t
II. RECEIVER SITE INFORMATION AS APPLICABLE
OWNERS
Pepe. r-7I✓ori cL61 &+
L LC..
PHONE.q, a-1 --jo I to E-MAIL4maoli 1Pj®uusa'ro FAX
ADDRESS . 130 o toe- I O
CITY AND STATE LLh't ppGe n q (\JZIP CODE O -?I
PROPERTY ADDRESS/LOCATION l q-" q Q �0 j [ L ILS Ayre- --N--Li o 9.
LEGAL DESCRIPTION tl--tl9 _C,"aS
`A-g0d I)Miv I.IbaNyo (at InComret
FOLIO NUMBER 3t'`ol'Alk-OM-014'40 CURRENT ZONING hk[3 R *CebNesoCONs� q6t
PROPERTY SIZE LAI, 60q -SF PURCHASE DATE 2 ` kLk- a( Ab
City of Sunny Isles Beach i Planning and Zoning Department
92
TOR 2011 CH
EXISTING USE OF PROPERTY 0,8m, 6_nubo 0/d4 -
EXISTING
/d4 -EXISTING STRUCTURE ON PROPERTY Qffij, , C o Uj�
PROPOSED FLOOR AREA RATIO �'� �� DENSITY 0
PERCENTAGE OF RIGHTS TO BE RECEIVED
SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED ?) t3
DWELLING UNITS TO BE RECEIVED
TOTAL FLOOR AREA RATIO INCLUDING TDR
TOTAL DWELLING UNITS INCLUDING TDR
III. SENDING SITE INFORMATION
OWNERS NAME
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
City of Sunny isles Beach 2 Planning and Zoning Department
93
TDR 2011 CH
IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE
APPROVED BY THE CITY]
NAME Ayo 'rc—A S as 1P"S�" , -L- G I,
�ja5'- W'70 �LAxte ��-c81�5��` I FAX
rpt'
PHONE - a- .3 � E-MAIL FAX 30 J -301 - S 0LI
ADDRESS $101
CITY AND STATE C�Vy��- ZIP CODE 3 (38
DATE OF APPRAISAL 3-3- a 5
APPRAISAL VALUE OF SITE _ 4 [-6L 6 pev- Squo ce. o4 -
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-MAILFAX
VI. SURVEY COMPANY INFORMATION
NAME OF SURVEYOR
ADDRESS
PHONE E-MAIL FAX
VII. PROPERTY OWNER CERTIFICATION
NAME OF COMPANY
ADDRESS
PHONE E-MAIL FAX
VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE
City of Sunny Isles Beach 3 planning and Zoning Department
94
TDR 2011 CH
(PROVIDE CERTIFICATION FROM CITY'S CHIEF CODE INSPECTOR)
IX. 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 ATTACHEMNTS
ARE TRUE
2) I AM THE OWNER OF RECORD OF THE PROPERTY DESCRIBED IN SECTION (II) (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 TME CITY,
5) I HEREBY ACKNOWLEDGE AND AGREE THAT, AT THEA XPIRATION OF THE FIVE
YEAR PERIOD COMMENCING WITH THE DATE OF E CITY COMMISSION
APPROVA-,-OP THE PROPERTY AS-A-SENDEER- SITE; AN JJ1Vi7SED I7EVELOPEMNT
ALIGHTS TRANSFERRED FROM THE SENDER SITE. SHALL EXPIRE, TERMINATE ANEE
BECOME EXTINQUISHED-AND,.UMJSABLE. • ■ • . • .
`. - SIGNATURE OF OWN , (APPLICANT) DATE ■ ` ' ■
SIGNATURE OF CO-OWNER (CO -APPLICANT) DATE
STATE OF FLORIDA
City of Sunny Islas Beach 4 Planning and Zoning Department
95
TDR 2011 CH
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this IS 4 day of 2- ,
2 2 S by 1—olt, ag2' on behalf of Ele&v�
2 LG a Florida (corporation) (partnership) (other)
. He /She is personally known to me or has produced
--Dn iy v.n '5 ; UM .I Q (type of identification produced) as identification
and did take an oath.
My Commission
PABLO PAIVA, SR.
MY COMMISSION # HH 4441$1
EXPIRES; September 14, 2027
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
State of Florida
int Name: Pa a Ig A -IVB
The foregoing instrument was acknowledged before me this day of 2
202, 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 S Planning and Zoning Department
96
CITY op
\5 L S
RECEIVED
PZ2025-06
3/7/2025
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 402
SUNNY ISLES BEACH, FLORIDA 33160
Appraisal No. 02-25-58
FOR
V Fee Florida Realty LLC
130 Route 10,
Whippany, NJ 07981
c/o Carmen Tillit
East of Collins -Expediting
BY
APPRAISALFIRST, LLC
8101 Biscayne Boulevard, Suite R-516
Miami, Florida 33138
97
® AppraisalFirst, 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: frankna,appraisalfirst.net
March 3, 2025
V Fee Florida Realty LLC
130 Route 10,
Whippany, NJ 07981
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 402,
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 complies with the
minimum standards of the 2024 Edition of the Uniform Standards of Professional Appraisal Practice
(USPAP), effective January 1, 2024, as published by the Appraisal Standards Board of the Appraisal
Foundation. Specifically, this report adheres to the reporting requirements set forth under Standards
Rule 2-2(a) of USPAP, as it pertains to an Appraisal Report.
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 areas 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.
98
V Fee Florida Realty LLC
Page Two
The subject unit, which is unit 402, contains 4,609 square feet, and a three bedroom, six and one
half bathroom floor plan. The unit owner is planning to enclose an approximately 313 square feet
of terrace areas.
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.
99
V Fee Florida Realty LLC
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
February 28, 2025, is:
$125.00 Per SF of Allowable FAR
Respectfully submitted,
Frank Hornstein, MAI
State -Certified General
Real Estate Appraiser, No. RZ1376
100
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 402
Sunny Isles Beach, Florida 33160
Unit Folio No.
31-2211-083-0440
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)
February 28, 2025
March 3, 2025
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 Per SF
101
CrTr 9F SWC+ f�yV
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: April 17, 2025
RE: Transfer Development of Right (TDRs) Application for Balcony Enclosure at
Mansions at Acqualina Unit 402 (PZ2025-06)
RECOMMENDATION:
This application is consistent with the City's Comprehensive Plan and the City's Land Development
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 313
square feet of FAR and 0 dwelling units from the City's public TDR bank account. The appraisal report
done by Appraisal First Real Estate Appraisers, LLC., date stamped March 7, 2025, reflects the cost per
unit for the purchase of TDR's is $125.00. The Applicant has agreed to pay the square foot value of
$125.00. Thus, the total TDR purchase is $39,125.00, which is due to the City within ten (10) business
days of the approval of the TDRs application. The effect of the TDRs purchase and approval on the
project would be an increase in intensity (floor area square footage).
ADDITIONAL INFORMATION:
The approval of this resolution will increase the floor area of the entire building to 435,699 sq. ft. The
remaining floor area at the Mansions at Acqualina available for purchase through the TDR program is
92,492 square feet.
ATTACHMENTS:
Resolution
Item Number: 9.A
87
TDR Application
Appraisal Report
Item Number: 9.A
88