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HomeMy WebLinkAboutReso 2014-2220RESOLUTION NO.2014 -2-Z'Z0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REVISING THE EXTENSION FEE FOR USEFUL LIFE OF TRANSFER OF DEVELOPMENT RIGHTS ( "TDRS "); PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 2009 -319, adopted April 16, 2009, the City Commission permitted private TDRs to extend beyond the five (5) years of useful life; and WHEREAS, the City Commission wishes to revise the fee for extension of the useful life of the TDRs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Fee for Extension. Any owner of privately owned transfer of development rights ( "TDRs ") acquired pursuant to Section 265 -23 of the City Code may request an extension to utilize development rights beyond the five (5) years of useful life. The owner of said TDRs shall pay to the City an annual fee in accordance with the following formula: (1) The total amount of TDRs shall be multiplied by a base square foot price of $65.00 and divided by the value per 1000 square feet of TDRs. This calculation shall yield a price per 1000 square feet of TDRs. This price shall be multiplied by the millage rate to yield the fee per year for the extension. The base square feet and millage rate are subject to annual change. However, any change will not lower the base square feet and millage rate from a minimum of $65 and 2.70. Example: 100,000 sq. ft. privately owned x 65 base sq. ft. price 6,500,000—.' 1000 value per thousand= 6500 6500 x 2.70 = $17550 (2) Fees can be paid on a quarterly basis. Failure to pay will result in the automatic termination of development rights. Section 3. Authorization of City Manager and City Attorney. The City Commission hereby provides the City Manager and City Attorney with the authority to create guidelines to approve extension requests administratively. The City Manager and the City are hereby authorized to do all things necessary to effectuate this Resolution. Revising policy for use of Development Rights Page 1 of 2 Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 1 -7 +1' day of J\?P, l L 2014. ATTEST: '� ow'�_ � . L'� Jane A. Hines, City Clerk, MMC APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney Vote: S-0 Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Revising policy for use of Development Rights Page 2 of 2 Moved by: r 0 Seconded by: yrv+nn� S cj,(CaLL.. ✓(Yes) (No) _(Yes) (No) �,ZYes) (No) Yes) (No) (Yes) (No) S Y tS4 City of Sunny Isles Beach F s 18070 Collins Avenue U = Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949-3113 Fax tiF i99, * L00. OP 5 F L (305) 947 -2150 Building Department c ry o F (305) 947 -5107 Fax MEMORANDUM TO: Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorne i DATE: April 17, 2014 City Commission Norman S. Edelcup, Mayor Isaac Aelion, Vice Mayor Jeanette Gatto, Commissioner Jennifer Levin, Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo, City Manager Hans Otti not, City Attorney Jane A. Hines, MMC, City Clerk RE: Resolution Revising the Extension Fee to Extend Useful Life of TDRs RECOMMENDATION This Resolution is presented for your consideration. REASONS As a point of information, the useful life of privately owned TDRs is five (5) years unless extended under the annual fee program. By Ordinance No. 2009 -319, adopted April 19, 2009, the City Commission imposed an annual fee for privately owned TDRs that are extended beyond the 5 -year period. The annual fee is subject to revision by the City Commission. Staff is requesting an increase in the annual fee based on the increased per square foot price of TDRs. The purpose of the attached Resolution is revise the fee for the extension of useful life TDRs.