HomeMy WebLinkAboutReso 2025-3850RESOLUTION NO. 2025 - *60
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 GIBOR SOUTH LP; AUTHORIZING THE PLANNING
AND 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 801; 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. Z nail$adopted on�Jut..yt [7. =_S—, the City
Commission of the City of Sunny Isles Beach (the "City Commission' approved Site Plan
Modification & Transfer of Development Rights ("TDRs") submitted by Gibor South LP
("Applicant") related to the property located at 17749 Collins Avenue, Unit 801, Sunny Isles Beach,
Florida (the "Property"), in the amount of 313 Square Feet of FAR and Zero (0) Dwelling Units
("Purchased TDRs") from City's Public TDR Bank Account and assigning the Purchased TDRs to the
Property; and
WHEREAS, the Property is described in Exhibit "A", attached hereto; and
WHEREAS, the City Commission hereby agrees to approve the sale and assignment of the
Purchased TDRs from the City's public TDR Bank account to the Applicant; and
WHEREAS, the Purchased TDRs are solely being utilized and assigned to the Property that
is the subject of the Site Plan Modification application for the development; and
WHEREAS, the City's public TDR Bank account will be adjusted to reflect the withdrawal
of the Purchased TDRs to the Applicant and to reflect the assignment to the Property; and
WHEREAS, the City Commission agrees to authorize the sale and the assignment of the
Purchased TDRs contemplated herein as an incentive for development pursuant to its Charter
and Home Rule Authority.
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
Gibor South LP. The City Commission hereby approves the sale and assignment of Purchased
@BCL@3C1482FC Page 1 of 2
TDRs to the Applicant. The Applicant has agreed to pay the square foot value of $125.00, thus the
total TDR purchase is $39,125.00. Failure to pay the required amount within the ten (10) working
days of approval of the TDRs and site plan applications 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 Purchased TDRs and to assign for the
development project for the Property approved under Zoning Resolution No. -2-2J
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
the Purchased TDRs according to Zoning Resolution No.76"Z:2-M .
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 effectiye -per adoption.
PASSED AND ADOPTED this 17th day
Larisa Svechin, Mayor
'ATTEST; APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Maurick Bet ancur, IMC, City Clerk 4ain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by: /.l�S/!y/lif��?, CLS ' Seconded by: V14 --0T 0+
Vote:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra �i66+e%TfT�
✓(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
@BCL@3C1482FC Page 2 of 2 65
TDP. 2011 CH
City Use Only
Date Received
Date Issued
Resolution
C,,
APPLICATION FORM
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
I. APPLICANT INFORMATION
NAME � � O � �J(,' U �
Le
°n;�i
PHONE y (� " N 0q f E-MAILS'S faeor. -botnFAX
ADDRESS P-4 M &A l h S ke�_-----_.—__--
G1- pF
y \SLES�
01- � %om
RECEIVED
PZ2025-09
6/5/2025
PLANNING & ZONING DEPT.
Clerk of Court Use Only
CITY AND STATE ZIP CODE �J I10
II. RECEIVER SITE INFORMATION AS APPLICABLE
OWNERS NAME G 1 b O Y' 'S 00- ('1, ..__ L ---P
PHONE �0" �I0�1- 31 Jq E-MAIL id-ttrorrp. n FAX
ADDRESS L(q h 11 I A S Ave, �U
CITY AND STATE Sf11�1 S �i� ZIP CODE ,3-3 1(o
PROPERTY ADDRESS/LOCATION I'i Q W l l ►�11 SU`e-
LEGAL DESCRIPTION I --t-q q R SQL LL&)� Ave&&(fin i �- BD I Undi�t x.162-~1 `i 17 P ill CoraMMZA
FOLIO NUMBER 3 t-09-1 , D93- 6060 CURRENT ZONING MUr� (��e sflrk�ls-�I
PROPERTY SIZE q (o O W S PURCHASE DATE (.0 _ " oel 0
City of Sunny Isles Beach Planning and Zoning Department
66
TOR 2411 CH
EXISTING USE OF PROPERTY
EXISTING STRUCTURE ON PROPERTY M -Cf C—,uc , _ �d1 o( _
PROPOSED FLOOR AREA RATIO Q Q aa 5E DENSITY
PERCENTAGE OF RIGHTS TO BE RECEIVED
SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED '5 1
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 Manning and Zoning Department
67
TOR 2411 CFt
IV. , APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE
APPROVED BY THE CITY]
L L,
PHONEQ Ci
ADDRESS 00 i 1 SG
CITY AND STATE W\� aWU ZIP CODE 3 3 1 39
DATE OF APPRAISAL c
APPRAISAL VALUE OF SITE
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 CERTIFICATION
NAME OF COMPANY
ADDRESS
PHONE E-MAIL_ FAX
VIII. OUTDOOR CODE VIOLATIONS, AS APPLICABLE
City of Sunny Isles Beach 3 Manning and Zoning Department
68
Tolt lot 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
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 (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 THE CITY.
5) I HEREBY ACKNOWLEDGE AND AGREE THAT, AT THE EXPIRATION OF THE FIVE
YEAR PERIO .. COMMENCING WITH THE DATE OF THE CITY COMMISSION
APPROV F THE PROPERTY AS A SENDER SITE, ANY UNUSED DEVELOPEMNT
RIG T SFERRED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE AND
0 E INGUISHED AND UNUSABLE.
behctl�homsh�h
SI AT E OF OWNER (APPLICANT) DATE
SIGNATURE OF CO-OWNER (CO -APPLICANT) DATE
STATE OF FLORIDA
City of Sunny ries Beach 4 Planning and Zoning Department
TOR 2011 CH
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of3onL
2 `� _ , by Mra(A ' f ( �� on behalf of >hl S
T a�i�-�i) (partnership) (other)
C,ALw t t ,--- . He /She is persona�Ty known to me or has produced
type of identification produced) as identification
and did take an oath. 1*pV P(..,
; i?'" b, KIMBERLY JANE POZO
N MY COMMISSION # MM 431902
EXPIRES: Augi:, i 9. 2027
.•1FaF Fj,O,.
My Commission Expires:
J CAI Eq, Notary Public State of Florida
Print Name:
OZO
STATE OF FLORIDA YP�a'• K�MBERLYJANEPA0`
'{:: MY COMMISSION#NH2O2702
COUNTY OF MIAMI-DADE;,.1,;�<= EXPIRES: August 9,
e,
The foregoing instrument was acknowledged before me thisday 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 5 Planning and Zoning Department
70
"I, "
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un
�
RECEIVED
PZ2025-09
6/5/2025
PLANNING & ZONING DEPT.
AN APPRAISAL REPORT OF
THE PURCHASE OF TDR' S AS IT PERTAINS
TO THE EXPANSION OF A RESIDENTIAL UNIT
LOCATED 1N
THE MANSIONS OF ACQUALINA
AT
17749 COLLINS AVENUE, UNIT 801
SUNNY ISLES BEACH, FLORIDA 33160
Appraisal No. 05-25-155
FOR
Gibor South LP
17749 Collins Avenue, 801
Sunny Isles Beach, F133160
c/o Carmen Tillit
East of Collins -Expediting
APPRAISALFIRST, LLC
8101 Biscayne Boulevard, Suite R-516
Miami, Florida 33138
71
® AppraisalFirst, LLC
8101 Biscayne Boulevard, Suite R-516
Miami, Florida 33138
Phone: 305-470-2130
Fax: 305-381-8047
E-mail: residentialna,apraisalfirst.net
E-mail: frankna,appraisalfirst.net
June 4, 2025
Gibor South LP
17749 Collins Avenue, 801
Sunny Isles Beach, Fl 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 801,
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 177tl, 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.
72
Gibor South LP
Page Two
The subject unit, which is unit 801, 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.
73
Gibor South LP
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 June
3, 2025, is:
$125.00 Per SF of Allowable FAR
Respectfully submitted,
Frank Hornstein, MAI
State -Certified General
Real Estate Appraiser, No. RZ1376
74
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 801
Sunny Isles Beach, Florida 33160
Unit Folio No.
31-2211-083-0050
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)
June 3, 2025
June 4, 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
75
C-- 4f SV-
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: July 17, 2025
RE: Transfer Development of Right (TDRs) Application for Balcony Enclosure at
Mansions at Acqualina Unit 801(PZ2025-09)
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.
IAF%17aly
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 June 5, 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 436,325 sq. ft. The
remaining floor area at the Mansions at Acqualina available for purchase through the TDR program is
91,866 square feet.
ATTACHMENTS:
Resolution
Item Number: 9.A
62
TDR Application
Appraisal Report (Abbreviated)
Item Number: 9.A
63