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ORDINANCE NO. 2015- L1 y 2 <br /> AN ORDINANCE OF THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING <br /> SECTION 265-35 OF THE CITY CODE RELATING TO <br /> "OPTIONAL DESIGN FLEXIBILITY SIDE SETBACK" TO <br /> REQUIRE PAYMENT OF A TEN PERCENT (10%) <br /> NONREFUNDABLE DEPOSIT FOR THE OPTIONAL <br /> DESIGN FLEXIBILITY SETBACK; PROVIDING FOR <br /> SEVERABILITY; PROVIDING FOR REPEALER; <br /> PROVIDING FOR INCLUSION IN THE CODE; <br /> PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, the City has established a payment system that requires a ten percent <br /> nonrefundable deposit payment for the floor area ratio bonus and transfer of development rights <br /> programs three (3) days after City Commission approval during the site plan process; and <br /> WHEREAS, the City Commission wants to extend the same requirement to the Optional <br /> Design Flexibility Side Setback section of the Code of the City of Sunny Isles Beach. <br /> NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br /> and confirmed as being true and correct and are hereby made a specific part by this Ordinance <br /> upon adoption hereof <br /> Section 2. Amendment. Section 265-35 D(4)(c)[1][d] of the City Code is amended to read as <br /> follows: <br /> § 265- 35 D(4)(c)[1][d] <br /> [d] Optional design flexibility side setback for parcels 211 to 299 feet in width: <br /> At the option of the landowner, minimum setbacks may be provided as follows for primary use <br /> structures exceeding 20 feet in height above grade on existing platted lots as of December 1, <br /> 2013, or lots that may be combined subsequent to, for purposes of design flexibility, and where <br /> the landowner provides to the City the designated fee payment for the City's maintenance of <br /> adjacent public beach access, streetscape and park improvements. This optional design flexibility <br /> setback requirement shall not apply to parcels 300 feet or more in width. <br /> [i] Minimum setback of 25 feet requires a fee payment of <br /> $1,000,000.00, per eligible parcel. A nonrefundable deposit payment of <br /> 10% of the required fee, which shall be paid within three (3) working <br /> days of the date of City Commission approval of a site plan approved <br /> under this section for optional design flexibility setback. Failure to <br /> Deposit requirements—Art and Design flexibility Page 1 of 3 <br />