2008 0320 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida 9B. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9B.l A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Section 265-11(N)(3) of the Zoning Code to Permit a Volunteer Program for Extension of Time for Unexpired Development Approvals, Attached as Exhibit "A"; Providing for an Effective Date. Action: Clerk Hines read the title and City Attorney Ottinot reported. Public Speakers: Lynn Dannheisser, Esq.; Igor Ardid Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. LP A Resolution No. 2008-49 was adopted by a voice vote of 5-0 in favor. 9B.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-11(N)(3) of the City Code to Permit a Volunteer Program for Extension of Time for Unexpired Development Approvals; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. (First Reading 02/21/08) Action: [City Clerk's Note: The Policy to govern voluntary time extensions for high-Rise condominium developments adopted on February 21, 2008, was distributed prior to the meeting.} City Clerk Hines read the title, and City Attorney Ottinot reported. City Manager Szerlag reported on the alternative Policy for Voluntary Time Extensions approved on February 21,2008, which essentially kept the ranges the same in the terms of what we would collect, but essentially doubled the time extensions, and he reviewed the seven points of the policy. City Attorney Ottinot noted that, not during the extension period, but if those TDRs are spinning along without a site plan, they will need after a five/ten year life span, additional time, they can apply for a two-year extension. Public Speakers: Lynn Dannheisser, Esq.; Igor Ardid Lynn Dannheisser, Esq., on behalf of a number of development projects in town that may want to avail themselves of this program. She noted that she is sure that the Commission received a copy of the Goodkin Report which was acquired and procured by Igor Ardid, and it is clear that the Commission did read it because she saw that they had extended their program for four years, and they appreciate that. She asked City Attorney Ottinot in regard to the comment that he just made with respect to the stand-alone TDRs in the private bank, a number of those were purchased from the private bank associated with a site plan approval, if this program is not taken advantage of and it is allowed to lapse, the TDRs which are currently in the bank of the applicant, may now be associated with a site plan, will then no longer be associated with a site plan, but they come from a bank which has a five-year lifespan, and it ends in 2010, would those TDRs continue in effect, although not associated with a site plan, to 2010 and at that point the holder of the TDRs could apply for the two-year extension, and so that, in effect, they would be available until 2012. City Attorney Ottinot said that is correct. 5