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<br />Summary Minutes: Regular City Commission Meeting March 20, 2008 <br /> <br />City of Sunny Isles Beach, Florida <br /> <br />rather then make it refundable, because at that point the monies are probably being spent, one <br />of the things that we would have to ensure is that those monies have been paid, and those <br />credits have been earned, those credits have become a part ofthat land and attached with it, so <br />whether it is this developer or a future holder in due course that were to practice developing it <br />with the same site plan, then those credits could still apply. <br /> <br />City Attorney Ottinot said that he wants to research this issue and probably discuss it with <br />Zoning staff, he knows that we had a development in the past and we prohibited them from <br />using a credit that was given to a previous development, and so in order to be consistent in the <br />application, as you remember, the Fantasy on the Ocean, paid for bonuses and the subsequent <br />developer wanted to use those credits, and we didn't allow them because there was no <br />provision in the Code. He said if the City Commission wants to allow it, we have to create a <br />Code, and Mayor Edelcup said that was under different circumstances, we are creating this <br />under an emergency ordinance so we have the freedom to be able to incorporate that as part of <br />this emergency measure. Ms. Dannheisser said, subject to the condition you just imposed, <br />that seems more like a reciprocal kind of good faith. Mayor Edelcup said that it wouldn't be <br />fair to take the money and then say I'm sorry the game is over, and four years from now you <br />have lost your money. <br /> <br />City Manager Szerlag said that there is an underpinning philosophy for the extension, by <br />extending your site plan, you are certain that any variances that you have applied for, and any <br />other items that are beyond the template of the site plan approval, remain in tact for a <br />timeframe longer than a site plan that normally expires, so it is a cost you are paying to <br />provide certainty. He said that you always have the option ofletting your site plan expire and <br />then ifthere is a variance to be obtained, you essentially roll the bonus coming back with the <br />same site plan, there could be zoning changes as well, there could be a new City Commission <br />that has a different philosophy on bonuses or densities, so what you are paying for that four <br />years for the market to get better, which is really six years, is certainty on your site plan <br />submittal remaining pro terminus for a period of six years, and that has a tangible benefit to it. <br />So regardless of whether the market is still sour or not, you are paying for that benefit, so in <br />his perspective, that is a payment for leasing a site plan for an additional four years that would <br />be non-refundable, and he didn't say non-transferrable. Mr. Ardid said he still thinks there is <br />too much risk for this kind of money. <br /> <br />City Manager Szerlag said there is another option, that would be able to extend the site plan <br />process even longer than six years prior to pulling a building permit, so when you have a time <br />continual it is going to be six years, pull the permit, or else lose everything. He said it may be <br />that the City Commission decides to extend the program for two more years at a certain <br />percentage of what is owed the City which may be more or less than what is currently <br />articulated in the policy that we have. Mr. Ardid said then that the other option is not on the <br />table right now, and City Manager Szerlag said that this has a sunset of four years, so we will <br />look at this again in 3 ~ years. Mayor Edelcup said that in 3 ~ years he is sure that we will be <br />looking at anything that had been granted to see whether or not it needs to be extended again <br />given the circumstances 3 ~ years from now. Ms. Dannheisser said that makes sense so how <br />does this help the City and the developers, if it would make just as much sense because the <br />amount that they are paying with no guarantee that it will be credited or refunded under the <br />circumstance where the four years is about to lapse and if you decide you are not going to <br /> <br />7 <br />