HomeMy WebLinkAboutReso 2026-3940RESOLUTION NO. 2026 - 31fO
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 305 SQUARE FEET OF
FLOOR AREA RATIO ("FAR") AND ZERO (0) DWELLING UNITS FROM THE CITY'S
PUBLIC TDR BANK ACCOUNT TO MIA 43 INC; AUTHORIZING THE PLANNING AND
ZONING DIRECTOR TO WITHDRAW 305 SQUARE FEET OF FAR AND ZERO (0)
DWELLING UNITS FROM CITY'S PUBLIC TDR BANK ACCOUNT AND ASSIGNING
THE 305 SQUARE FEET OF FAR TO THE PROPERTY LOCATED AT 17749 COLLINS
AVENUE, UNIT 4301/4302; 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. 26-Z-24, adopted on, , 20 ?,L,, the City
Commission of the City of Sunny Isles Beach (the "City") approved the Site Plan Modification &
TDRs application submitted by MIA 43 INC (the "Applicant") related to the property located at
17749 Collins Avenue, Unit 4301/4302, Sunny Isles Beach, Florida (the "Property"), in the amount
of 305 Square Feet of FAR and Zero (0) Dwelling Units From City's public TDR bank account and
assigning the 305 Square Feet of FAR solely to the Property; 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 305 square feet
of FAR and zero (0) dwelling units; and
WHEREAS, the TDRs in the amount of 305 square feet of FAR are being utilized and
assigned solely to the development project of the Property; and
WHEREAS, the City's public TDR bank account will be adjusted to reflect the withdrawal
of 305 square feet of FAR and zero (0) dwelling units solely to the development project of the
Property; and
WHEREAS, the Property receiving the 305 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.
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.
@BCL@EC16F069 Page 1 of 3 459
Section 2. Authorizing the Sale and Assignment of TDRs from the City's public TDR account to
MIA 43 INC. The City Commission hereby approves the sale and assignment of TDRs in the amount
of 305 square feet of FAR and zero (0) dwelling units from the City's public TDR account 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 application shall result in an automatic voiding of the City
Commission approval of the 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 305 square feet of FAR and zero (0)
dwelling units from the City's public TDR account and to assign 305 square feet of FAR solely for
the development project of the Property approved under Zoning Resolution No. 26-Z- off.
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 305 square feet of FAR and zero (0) dwelling units according to Zoning
Resolution No. 26-Z-1-1q .
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.
A
PASSED AND ADOPTED this 1!
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Maur,cio Betan ur, CMC, City Clerk Alain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
@BCL@EC16F069 Page 2 of 3 460
�
Moved by: �� / � 124& ✓6.S Seconded by: aw lDl�^114L SCA40
Vote:
Mayor Svechin
✓ (Yes)
(No)
Vice Mayor Lama
(Yes)
(No)
Commissioner Joseph
7 (Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
@BCL@EC16F069 Page 3 of 3 461
�1TY OF
y \SLESe
i F
RECEIVED
PZ2025-12
9/5/2025
PLANNING & ZONING DEPT.
AN APPRAISAL REPORT OF
THE PURCHASE OF TDR' S AS IT PERTAINS
TO THE EXPANSION OF A RESIDENTIAL UNIT
LOCATED IN
THE MANSIONS OF ACQUALINA
AT
17749 COLLINS AVENUE, UNIT 4301
SUNNY ISLES BEACH, FLORIDA 33160
Appraisal No. 02-25-50
FOR
MIA 43, LLC
2655 LeJeune Road, STE 902
Coral Gables, Florida 33134
BY
APPRAISALFIRST, LLC
8101 Biscayne Boulevard, Suite R-516
Miami, Florida 33138
462
AM Appraisffirst, LLC
m Is
8101 Biscayne Boulevard, Suite R-516
Miami, Florida 33138
Phone: 305-470-2130
Fax: 305-381-8047
E-mail: residentialpapraisalfirst.net
E-mail: frankpappraisalfirst.net
February 24, 2025
MIA 43, LLC
2655 LeJeune Road, STE 902
Coral Gables, Florida 33134
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 4301,
Sunny Isles Beach, Florida 33160.
To Whom It May Concern:
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 325 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.
463
MIA 43, LLC
Page Two
The subject unit, which is unit 4301, 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 325 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.
464
MIA 43, 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 22, 2025, is:
$125.00 Per SF of Allowable FAR
Respectfully submitted,
Frank Hornstein, MAI
State -Certified General
Real Estate Appraiser, No. RZ1376
465
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 4301
Sunny Isles Beach, Florida 33160
Unit Folio No.
31-2211-083-0390
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 22, 2025
February 24, 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
466
TDR 2011 CH
City Use Only
Date Received
Date Issued
Resolution
"OF SUN "
APPLICATION FORM
TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM CERTIFICATE
I. APPLICANT INFORMATION
CITY OF
y \S LL-nES e
\0111
RECEIVED
PZ2025-12
9/5/2025
PLANNING & ZONING DEPT.
Clerk of Court Use Only
NAME MIA 43, INC
DAVID.LEGRANT@MEDICAIRE.PT
PHONE E-MAIL FAX
ADDRESS 2655 LEJEUNE ROAD #902
CITY AND STATE CORAL GABLES, FLORIDA ZIP CODE 33134
II. RECEIVER SITE INFORMATION AS APPLICABLE
OWNERS NAME DAVID LEGRANT
DAVID.LEGRANT@MEDICAIRE. PT
PHONE E-MAIL FAX
ADDRESS 17749 COLLINS AVENUE #4301
CITY AND STATE SUNNY ISLES BEACH, FLORIDA ZIP CODE 33160
PROPERTY ADDRESS/LOCATION 17749 COLLINS AVENUE #4301
LEGAL DESCRIPTION
31-2211-083-0820
FOLIO NUMBER 31-2211-083-0390 CURRENT ZONING
PROPERTY SIZE PURCHASE DATE SEPTEMBER 16 2024
City of Sunny Isles Beach I Planning and Zoning Department
467
TOR 2011 CH
EXISTING USE OF PROPERTY CONDO
EXISTING STRUCTURE ON PROPERTY
PROPOSED FLOOR AREA RATIO DENSITY
PERCENTAGE OF RIGHTS TO BE RECEIVED
SQUARE FOOTAGE OF FLOOR AREA TO BE RECEIVED 305
DWELLING UNITS TO BE RECEIVED BALCONY
TOTAL FLOOR AREA RATIO INCLUDING TDR 8,762 SF
TOTAL DWELLING UNITS INCLUDING TDR '
III. SENDING SITE INFORMATION
OWNERS NAME DAVID LEGRANT
PHONE E-MAIL FAX
ADDRESS 2655 LEJEUNE ROAD STE #902
CITY AND STATE CORAL GABLES, FLORIDA ZIP CODE 33134
PROPERTY ADDRESS/LOCATION 17749 COLLINS AVE #PH43/ SUNNY ISLES BEACH, FL
LEGAL DESCRIPTION
-22 1-083-0820
FOLIO NUMBER 31-2211-083-0390 CURRENT ZONING
PROPERTY SIZE 8,762 PURCHASE DATE SEPTEMBER 16, 2024
EXISTING USE OF PROPERTY CO N D O
EXISTING STRUCTURES ON PROPERTY,
BALCONY
BASE FLOOR AREA RATIO PERMITTED UNITS PERMITTED
SQUARE FOOTAGE OF FLOOR AREA TRANSFERRED TO TDR BANK 305"SF
DWELLING UNITS TRANFERED TO TDR BANK BALCONY
City of Sunny Isles Beach 2 Planning and Zoning Department
468
TDR 2011 CH
IV. APPRAISAL INFORMATION - AS APPLICABLE [APPRAISER MUST BE
APPROVED BY THE CITY]
NAME APPRAISALFIRST, LLC
PHONE E-MAIL FAX
ADDRESS 8101 BISCAYNE BOULEVARD SUITE R-516
CITY AND STATE MIAMI, FLORIDA ZIP CODE 33138
DATE OF APPRAISAL FEBRUARY 24, 2025
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 F.
VI. SURVEY COMPANY INFORMATION
NAME OF SURVEYOR
ADDRESS
PHONE E-MAIL FAX
VIL PROPERTY OWNER CERTIFICATION
NAME OF COMPANY
ADDRESS
PHONE E-MAIL FAX
VIII.OUTDOOR CODE VIOLATIONS, AS APPLICABLE
City of Sunny isles Reach 3 Planning and Zoning Department
469
MR 201101
(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) 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) 1 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 DEVELOPENINT
RIGHTS TRANSFERRED FROM THE SENDER SITE SHALL EXPIRE, TERMINATE AND
BECOME EXTINGUISHED AND UNUSABLE.
�av2aht
�avitl Legrant (6ep 5, 2015 06:36:37 GMTal)
SIGNATURE OF OWNER (APPLICANT)
05/09/25
DATE
SIGNATURE OF CO-OWNER (CO -APPLICANT) DATE
STATE OF FLORIDA
City of Sunny Isles Beach 4 Planning and Zoning Department
470
F • P 16't� �� 4+a
c,�,x of sJ�+ rev
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: January 15, 2026
RE: Transfer Development of Right (TDRs) Application for Balcony Enclosure at
Mansions at Acqualina Unit 4301/4302 (PZ2025-12)
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 305
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 September 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 $38,125.00, 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 436,630 sq. ft. The
remaining floor area at the Mansions at Acqualina available for purchase through the TDR program is
9 1,56 1 square feet.
ATTACHMENTS:
Resolution
Item Number: 9.A
457
Appraisal Report (Abbreviated)
TDR Application
Item Number: 9.A
458