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Summary Minutes:Regular City Commission Meeting July 17.2003 City of Sunny Isles Beach.Florida <br /> parties that was dated June 19, 2003, and incorporate the Complaint for Declaratory and <br /> Conjunctive Relief which is Case No. 03-00695 filed in the Circuit Court. (Attached as <br /> Composite Attachment "Al <br /> Mr. Shubin questioned Mr. Vera to develop the specific record with respect to this <br /> proceeding. Mr. Shubin asked if the lot for which the applicant is seeking relief was less <br /> than 200 feet, and asked at what point in time did the 200-foot requirement come into <br /> place. Mr. Vera responded it came under the new LDRs on December 10, 2002. Mr. <br /> Shubin asked what was the previous use of this property and asked if it was called the <br /> Ocean Roc Motel,and Mr. Vera said yes. He asked what percentage of the increased FAR <br /> over and above the base FAR coming from the Transfer of Development Rights, and Mr. <br /> Vera answered that once you establish your base FAR,you buy your bonuses and then you <br /> are 30% above that,so whatever plateau you reach with your bonuses,you get 30%on top <br /> of that. He asked if the City has regulations governing the Transfer of Development <br /> Rights and asked where they are incorporated and Mr. Vera said yes, that they are in <br /> Chapter 515 of the LDRs. <br /> Mr. Shubin asked if there are limitations on who the sending sites can be, and Mr. Vera <br /> said that it is listed in the Comprehensive Plan. Mr. Shubin asked if there was any <br /> identification in the record here tonight as to who the sender site is from which the <br /> developer sought to acquire 38, 000 square feet. Mr. Vera said that City-owned property <br /> was the sender site. Mr. Shubin clarified that there is no specific identification of the <br /> sender site in the record. He noted that Mr. Vera provided to his firm on two occasions <br /> with the complete record of this application to be reviewed here tonight,and asked if there <br /> was anything in that record that would have alerted him to who the sender site would be, <br /> and Mr. Vera said no. He asked which sender sites are going to be utilized as part of the <br /> application that is being considered tonight and Mr. Vera said that once the Commission <br /> makes a decision the applicant will come back with the application for the Transfer of <br /> Development Rights, and the Commission will at that time review exactly which site the <br /> TDRs were coming from and it will list the amount of TDRs and the cost on the floor <br /> area. Mr. Shubin asked if it was fair to say that there will be no official action taken <br /> tonight which will entitle this applicant to a Transfer of Development Rights, and Mr. <br /> Vera indicated that this was not precisely true because they are getting an approval from <br /> the City Commission tonight on whether 38,000 square feet on this building is what the <br /> City really wants. Mr. Shubin asked which of the sites would be the sender sites of the <br /> City-owned sites,and Mr. Vera said that there are several options. Mr. Shubin asked how <br /> a value is placed on those rights that are transferred to a private developer to give them <br /> additional units on the ocean, and Mr. Vera said that the values are placed through an <br /> appraisal on the receiving site. The City will look and evaluate the appraisal based on <br /> square footage price and that they are purchasing the square footage from the City site. <br /> Mr. Shubin asked if Mr. Vera has seen an appraisal or discussed a price regarding these <br /> TDRs with this applicant, and Mr. Vera said he has not discussed anything dealing with <br /> TDRs but he does have the appraisal prepared by Calloway and Price, Inc. Mr. Shubin <br /> asked him to describe to him the value on each FAR foot set forth in the appraisal. Mr. <br /> 4 <br />