2011-1109 Special City Commission Meeting

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Summary Minutes: Special City Commission Meeting November 9, 2011 Sunny Isles Beach, Florida 4D. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Removing the Use Restriction Imposed on the Transfer of Development Rights ("TDRs") Owned by Fort Apache Marina, LLC ("Fort Apache"); Providing for a Transfer Fee; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. I I I , I I Action: [City Clerks Note: Added to Agenda, see additional action at the beginning of the meeting.} City Clerk Hines read the title, and City Attorney Ottinot reported that in 2005 the City created a Transfer of Development Rights Sub-Bank account for Fort Apache Marina, and that Sub-Bank currently has 34,485 square feet and 19 units of TDRs, however, the TDRs owned by Fort Apache are currently being used in strict conformity with an approved site plan on the west side of Collins Avenue. The City desires to remove the use restrictions imposed on the TDRs owned by Fort Apache, provided that a transfer fee is paid to the City. As a condition precedent of deleting the use restriction set forth in the Resolutions, Fort Apache shall pay the City a minimum fee of $15 per square foot from the total amount of TDRs owned by Fort Apache. The transfer fee in this case shall be $517,275 based on the ownership of 34,485 square feet of TDRs. The minimum fee is based on the current economic conditions of current real estate market for development of new properties. The City reserves the right to change the minimum fee. Public Speakers: Fred Shonard Fred Shonard, owner of Fort Apache Marina, said he agrees with the transfer fee, and he has a written document with the Dezer Group that he is going to give to the City 19 TDRs and each one is 1,815 square feet and it comes to 34,485 square feet, $517,275 and he agrees to pay that to the City on conclusion with the Dezer Group. Commissioner Scholl asked if we are setting a precedent, and Mayor Edelcup said probably, but it is only precedent for TDRs that were issued in the Bellagio case, everyone else is unrestricted. City Attorney Ottinot said there is only one current owner, this resolution and if Fort Apache sells, it is 34,000 to Dezer Development, you will only have one owner of the remainder amount which is Epicure, and he doesn't think there are any other bank accounts related to those TDRs any more. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2011-1797 was adopted by a voice vote of 5-0 in favor. 5. ADJOURNMENT Mayor Edelcup adjourned the meeting at 3:33 p.m. Respectfully submitted by: Approved by the City Commission on Dec. 15,2011 ., (tf~~ ~~,~~ Jane A". Hines, CMC, City Clerk - ,'~ ,._ - ~ 'I , .. 7