Loading...
HomeMy WebLinkAboutReso 2008-1222 RESOLUTION NO. 2008 - l.:t.:>.:;)... A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE RECOMMENDATION OF THE CITY MANAGER TO IMPLEMENT A VOLUNTARY TIME EXTENSIONS PROGRAM FOR DEVELOPMENT APPROVALS AND TRANSFER OF DEVELOPMENT RIGHTS; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO ESTABLISH ADMINISTRATIVE REGULATIONS TO IMPLEMENT THE EXTENSION REQUESTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, its workshop of January 16, 2008, the City Commission discussed the City Manager's proposal to implement a plan to govern voluntary time extensions for high-rise condominium developments; and WHEREAS, the proposed plan allows developers to extend site plan approval timeframes by making partial payments on bonuses and transfer of development rights (TDRs); and WHEREAS, in particular, the proposed plan provides for first and second year extensions and for the accumulation of interest on unpaid balances; and WHEREAS, the City Commission wishes to provide the City Manager with the authority necessary to establish administrative regulations to govern voluntary time extensions for high-rise condominium developments; and WHEREAS, this plan will be administered administratively, as the creation of an Administrative Regulation makes it perfunctory in nature. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of V oluntary Time Extensions Program. The City Commission hereby approves the recommendation of the City Manager to implement a Voluntary Time Extensions Program for Development Approvals and Transfer of Development Rights. Section 2. Authorization of City Manager. The City Manager is hereby authorized to establish Administrative Regulations to implement the Extension requests. Section 3. Further Authorization of City Manager. The City Manager is further authorized to do all things necessary to effectuate the terms of this Resolution. R2008- Voluntary Time Extensions for High-Rise Policy Page I of2 Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED and ADOPTED this 21st day of February 2008. ATTEST: ~.A~ Jane A. Hines, CMC, City Clerk APPROVED A~TO FORM AND LEGAL SltF IE CY Moved by: C.--O~ P'R.~2-I~ Second by: C'.-.b~ <;c..\-io LL VOTE: 3~ \- \ Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl AJ V (Yes)_CNo) f\'k::>S~Y es )_CNo) V (Yes)_CNo) _(Yes)--.0No) -0Yes)_(No) R2008- Voluntary Time Extensions for High-Rise Policy Page 2 of2 (J) >- ~ '#-. ]i_:<{ S ~a5Ocri~g <U <UE(l)1O::cit])~= :g lU~ ~ o~.ou: (J) 5~~~~~-g ~ ~:E "-'~'I""" ~ 8-0 u~ ~ ~ ri ~.E~ 5 5~~ 5 <u~~-g8'~IE ~ a-s~~~-g.2a~~~ o gc::t-5 ~ ~':~~ ~'g.'~S~5 ro ~~r...: QL~ ai8 Q)~ ~5 ~~ ~~ ~g~~€"C'~~ 5~ro~~U:6~>O l)::> Q)-.2u- o~ ~ .9E~~1Q~caQ).2~ ~ ~~g g-g gg~ c '~Q) rac35i:e~^-m >..~-"C CCl :g..cg.o <tl:::~C:::!2 ~m<<>o:-2 Em_~:J.....c:=o<<l 5~~g8o~o~g. >-~~~ 5 ~~~~~ aim Eu'(ij~ roLl) (/).1: ~~.!Q ~:iio ~r...:~~ ..c '(ii r. U X -g 0>00 0 co w..... 5 Q) 3:'~-o.s: .s=~Iro~~~-g~ c~!9 ~ ~o Q,) m ~u; ~.g~u:-eai~-5:J~ 0-8 8 o~~~ ~.~ (ij Q) >Q) u:~ 0,", .~~ Uc '0- ~"' 0$ ~~ cO> .!!1<1l "'-- .ow oa> _,c ~.2 o[)'c s~ ~s ~g~ 8.2f~ co[) c Q)"'C Q)~'" ~~~ c:8~ '~-g';i; C"'() Q)<IlC -:J'" ~,g~ ;~:2 :e~[ 6 -g 5 ;t:Jc I-Io o ~ (; .i-eri (3'" 'O~ Q)O> ~<Il 0-- Q)Q; ()> cQ) ",'c to.!::! .o'c -~ o _ ~g ~o "0 .0[) Q)N :g~ ()<Il il ~8 '-."'0 CC .2 m Ul:J CO Q)'c -;(1- ~~ ",u.. ~-g :g:g ,C:J I-I N ~ E .E C 6 a. ]1 :; .a .!: <Ii C o ., ii C o () '0 Q) <Il o a. e a. W ,C (5 Q) ~-~ <Il'c ~~ m~ ~-;; Q)-'" ,Co 1-.2 'I""l ~ Agenda Item lb~ Date '2.. 2-1- b X' OF SU '" TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 I 60 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler. Vice Mayor Roslyn Brezin. Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag. City Manager lIans Ottino!, City Attorney .Jane A. Hines. City Clerk MEMORANDUM February 21, 2008 The Honorable City comrion A. John Szerlag, City Manager Proposed Alternative Policy to Govern Voluntary Time Extensions for High- Rise Condominium Developments Background At its January 16, 2008 workshop, the City Commission (along with members of the development community) discussed the attached proposal that would govern voluntary time extensions for high-rise condominium developments. Simply put, a developer could extend site plan approval timeframes by making a partial payment on bonuses and transfer of development rights (TDRs). As originally discussed, this program would enable a developer to have one extra year to make full payment to the City on TDRs and bonuses, so long as a partial payment was remitted. An additional one-year extension would also be available under the same partial payment terms. In both cases, the interest rate on the unpaid balance would be 7.5% annually. There were some other proposed conditions. In bullet point format, the proposed policy incorporated the following elements: A. First Year Extension. Fifteen Percent (15%) of balance owed City, or Five Hundred Thousand Dollars ($500,000), whichever is greater. Interest rate on unpaid balance is 7.5% annually. B. Second Year Extension, if applicable. Same conditions as stated above. In the aggregate, this means a developer would have paid 30% of the balance owed City, or One Million Dollars ($1,000,000), whichever is greater. C. The Developer will forfeit Vested Rights/Zoning Estoppels - refer to attached memorandum from City Attorney Hans Ottinot. D. The site in question will be maintained to look more like a park than a construction zone and will include installation of decorative fencing. Agenda Item --.J 0 f- Date 2 - 2(- 0 ~ Commission - Voluntary Time I':xtensions lligh Rise Conu Memo 2 The Honorable City Commission February 21, 2008 Page 2 E. Within 60 days notice by the City, the developer will underground all utilities or pay the City its pro-rata share to do so. Based on our discussion with the developers and their representatives, I believe items C, D, and E are acceptable. However, there was a concern that the time extensions and amount of partial payment to receive the extension were not in sync with the development community's perspective of a reasonable transaction. Current Status During the next five (5) years, our capital revenues from bonuses and TORs are estimated to be $21. 7 Million Dollars. If we do not receive a preponderance of this funding, we will either have to slow down our aggressive capital campaign, or find alternative funding sources to continue these projects. From a developer's perspective, they are cognizant that the makeup of a City Commission changes. Thus a variance for a development that was granted in 2006 may not be viewed as favorably in 2009 or 2010. Additionally, zoning regulations may change, which could have the potential of downsizing density, compared to what is currently allowed. It may also be easier to sell condominium units for a project that has site plan approval, compared to one that does not. All in all, what has salience is that extending the site plan review process provides certainty that the project can be developed as originally approved. Alternative Policy for V oluntarv Time Extensions Given the above, you may wish to consider an option that would essentially double the site approval timeframe while keeping the partial payment constant. This means that a two-year extension would carry a fee of 15%, or Five Hundred Thousand Dollars ($500,000), whichever is greater. A third year extension could automatically be purchased for 15% of the balance owed City, or Two Hundred Fifty Thousand Dollars ($250,000), whichever is greater. In addition, a fourth year extension could be purchased for 7.5% of the balance owed City or Two Hundred Fifty Thousand Dollars ($250,000), whichever is greater. In all cases, the interest rate on the unpaid balance would be 7.5% annually. There are some other proposed conditions. In bullet point format, it all looks like this: A. Two-Year Extension. Fifteen percent (15%) of balance owed City, or Five Hundred Thousand Dollars ($500,000), whichever is greater. Interest rate on unpaid balance is 7.5% annually. B. Third Year Extension, if applicable. 7.5% of balance owed City, or Two Hundred Fifty Thousand Dollars ($250,000), whichever is greater. Commission - Voluntary Time Extensions lligh Rise Cond i\lcmo 2 The Honorable City Commission February 21,2008 Page 3 C. Fourth Year Extension, if applicable. Same conditions as second year extension. In the aggregate, this means a developer would have paid 30% of the balance owed City, or One Million Dollars ($1,000,000), whichever is greater. D. The developer will forfeit vested rights/zoning estoppels - refer to attached memo from City Attorney Hans Ottinot. E. The site in question will be maintained to look more like a park than a construction zone, and will include installation of decorative fencing. F. Within 60 days notice by the City, the developer will underground all utilities or pay the City its pro-rata share to do so. G. Because the program is voluntary, it will be administered administratively. In addition, if TDRs are owed by a private party and would otherwise expire during the extension period, a fee of Ten Thousand Dollars ($10,000) will be paid to the City for administrative costs of maintaining the TOR bank through the extension period. Please feel free to contact me should you have any questions. AJS/pw/iw Attachment cc: Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager, Service Division Doug Haag, Assistant City Manager, Finance Division Fernando Amuchastegui, Assistant City Attorney Commission - Voluntary Time Extensions High Rise Cond Memo 2 TO: FROM: DATE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottino!, City Allorney Jane A. Hines, City Clerk MEMORANDUM RE: Proposed Policy to Govern Voluntary Time Extensions for High Rise Condominium Developments: Executive Summary /Recommendation Times are tough. And I propose that the City develop a voluntary program for developers to extend site plan approval time-frames by making a partial payment on bonuses and transfer of development rights (TDR). Specifically, this voluntary program would enable a developer to have one extra year to make full payment to the City on TDR's and bonuses so long as a partial payment was remitted. An additional one year extension would also be available under the same partial payment terms. In both cases, the interest rate on the unpaid balance would be 7.5% annually. There are some other proposed conditions. And in bullet point format, it all looks like this; .:. First year extension - 15% of balance owed City, or $500,000, whichever is greater. Interest rate on unpaid balance is 7.5% annually. .:. Second year extension, if applicable - same conditions as stated above. In the aggregate, this means a developer would have paid 30% of the balance owed City, or $1,000,000, whichever is greater. .:. The developer will forfeit Vested Rights/Zoning Estopple - refer to attached memorandum from City Attorney Hans Ottinot. .:. The site in question will be maintained to look more like a park than a construction zone, and will include installation of decorative fencing. .:. Within 60 days notice by the City, the developer will underground all utilities or pay the City its pro-rata share to do so. Commission - Policy Voluntary Time Extensions High Rise Condo I>"~'- \1emo 24 l I A. John Szerlag January 16,2007 Page 2 Current Status With reference to payments of TDR's and bonuses, we currently employ a "Use it or lose it" philosophy unless a developer can show good cause for extending time-frames. Allow me to explain by example. Let's say we have a high-rise condominium project (call it Oui) that generated the following slate of fees: Paid at Development Approval Paid at permit Site plan development fee $10,000 - 0 - Bonuses - 0 - $1,155,700 TDR - 0 - $3,749,268 10% ofTDR amount $374,926 (374,926) Building Permit - 0 - $ 650,000 Impact fees - 0 - $ 415,000 Total $384,968 $5,595,042 The amount to be paid within three days of site plan approval by City Commission is $374,926. The developer in our example has two years from City Council approval to pull a building permit and pay the balance ofTDR's, bonuses and fees. This amount comes to $5,595,042. Now, if the developer can show "good cause", the City Commission may grant an extension for the developer to remit the balance of bonuses and TDR's. There are a number of reasons for good cause; labor and/or material shortage, litigation, acts of nature. However, economics is not a good cause. Thus a developer cannot get a time extension from the City Commission if the sole argument is predicated on poor market conditions and/or inability to obtain financing. See attached memorandum from City Attorney Hans Ottinot. So, what options does a developer currently have if economics are the only reason for wanting a time extension? Using the above example, the developer has two options: walk away from his initial deposit which means that site plan approval expires, or pay the balance of fees due the City. Please Commission - Policy Voluntary Time Extensions High Rise Cond. D('''-'- "emo 25 A. John Szerlag January 16, 2007 Page 3 know, however, that if financing is an obstacle for constructing the project, it will most likely be an obstacle for making payment of bonuses and TDR's to the City. Financial Impact on Capital Proiects The preponderance of funds that we have forecasted for our five year Municipal Capital Improvement Programs are underpinned by bonuses and TDR's. This means that if developers start walking away from projects, the City is going to have to find alternative funding sources, or delay project implementation. Please know that page 262 of our Budget forecasts Capital Revenues of $13,267,636 in FY 2008/09 from two condominium developments. All in all, we have forecast $21.7 million dollars during the next five years in revenues coming from bonuses, and TDR's. The attached memorandum from Assistant City Managers Doug Haag and Jorge Vera delve further into this matter. Conclusion I believe the City of Sunny Isles Beach and the development community have the same objectives. We want site plan approved projects to occur in an expedient fashion. We want to complete Municipal Capital Projects in an expedient fashion. We understand that the impact of current real estate market conditions needs to be addressed in such a fashion as to benefit both parties. These objectives cannot be achieved within the confines of our current ordinance. Instead, a voluntary program to allow for time extensions as identified at the top of this memo should be implemented. And because the program is voluntary, it would be administered administratively. Other arguments for administrative approval are that it will expedite the process making it more efficient; and the voluntary program is strictly ministerial over a fixed time-frame. Of course, I would advise the Commission whenever an extension was granted. Further, I recommend that the Commission determine the time-frames that will allow me to grant these extensions. For starters, I think this program should be in effect for all of calendar 2008. Thank you. AJS/iw Attachments cc: Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager, Service Division Doug Haag, Assistant City Manager, Finance Division Fernando Amuchastegui, Assistant City Attorney Commission - Policy Voluntary Time Extensions High Rise Cond. DpH"l~ Memo 26 OF SU~ TO: FROM: DATE: RE: City of Sunny Isles Beach ] 8070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Lewis Thaler, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, CMC, City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Hans Ottinot, City Attorney ~ January 10, 2008 Extension of Time for Development Approvals and Transfer of Development Rights In preparation for the scheduled workshop to discuss requests for extension for development approvals, this memorandum is written to discuss the legal standards to grant such requests under the City Code and the legal issues that may arise if the City Commission requires pre-payment of building permit fees as a condition for granting an extension of time for a development approval. I. BACKGROUND Prior to the adoption of the Land Development Regulations, developers were required to pull a building permit to commence construction of their development projects within one (l) year of approval of the project. See, Ordinance 98-52, adopted on October 8, 1998. The one- year time period to pull a building permit was established to eliminate the indefinite time period that was afforded to development approvals under the County Code. Shortly after creating the one-year time period, the City Commission realized that the one-year time period was unrealistic because a developer generally needs more than a year to proceed with their approvals given environmental, permitting, financing, presale requirements and other pertinent issues. As such, in 2001, the City Commission amended the Code as a compromised solution between the City and the development community to provide developers with at least two (2) years to pull a building permit after receipt of a zoning approval from the City Commission. See, Ordinance No. 2001-117, adopted March 15, 2001. At the time the Code was amended to provide the two- year period, some policy concerns were raised by members of the City Commission. One member of the City Commission "expressed concern[ s] about the difficulty for developers, who had obtained a zoning approval.....to successfully obtain a building permit within a two-year period." Another member of the City Commission expressed concerns about "development approvals being extended without the knowledge of the City Commission under the Code 27 inherited from the County." See, attached minutes from Commission meeting in March 15, 2001. In 2002, the City Commission adopted the Land Development Regulations ("LDRs") to govern land use in the City. In adopting the LDRs, the City Commission made some fundamental changes to the City's development review process to spur the redevelopment of the City. First, the City Commission completely eliminated the administrative site plan approval process which the City inherited from Miami-Dade County. Members of the City Commission were extremely unhappy with the administrative site plan approval process because development projects were being approved at the administrative level, without a public hearing or notice to the City Commission. Second, the City Commission incorporated the two-year time period for a developer to pull a building permit to commence construction in the LDRs. See, Section 265- 11(L) of the City Code. The two-year time period was an important aspect of the City's redevelopment plan because the County's administrative site plan approval process provided a developer with an indefinite time-frame to pull a building permit. In other words, an administrative site plan approval constitutes a development order in perpetuity. Conversely, under the LDRs, a development approval becomes void automatically if the developer does not pull a building permit within the aforementioned time-frame. Lastly, the City Commission created a process under the LDRs to review and approve requests for extension of development approvals filed by developers. Under this process, all extension requests must be reviewed and approved by the City Commission at a public hearing. Moreover, the legislative history of the LDRs demonstrates that the City Commission was motivated by numerous factors when it adopted the two-year time period to "use or lose" a development approval. However, two main factors are more prevalent in the legislative history than others. The two factors are the redevelopment of the City and the elimination of speculative permits. Members of the City Commission believe that the redevelopment of the City would have been hampered by speculative permits because those who seek speculative permits have no intention to move forward with the project unless the project is sold or transferred to another developer. As discussed below, the City Commission created a legally sufficient process to review requests for extension of development approval. It is important to note that this process has never been challenged in court by a developer. This process is consistent with the law and should remain in place. II. DISCUSSION OF LEGAL ISSUES A. Legal Standards to Grant Extensions Under the City Code The City Commission is required to review requests for extension of time on a case- by-case basis under the City Code. Id. See, Section 265-11 (N)( 4) of the City Code (emphasis added). More precisely, the City Commission may grant an extension of a development approval if the developer clearly "establishes good cause for the extension and that the need for the extension is based substantially on events or OCcurrences beyond the control of the developer.." 2 28 The question then IS what constitutes good cause to warrant an extension of a development approval. The City Code does not contain a definition for the term good cause. There are no cases in Florida in which good cause is defined in the context of extensions of development approvals. However, the Florida Supreme Court has defined the term good cause in the context of a criminal case. According to the Supreme Court, good cause is "a substantial reason, one that affords a legal excuse, or a cause moving a court to its conclusion, not arbitrary or contrary to all the evidence, and not mere ignorance of law, hardship on petitioner, and reliance on [another's] advice"...Davis v. State, 887 So. 2d 1286, 1289 (Fla. 2004) (emphasis added). Clearly, based on the aforementioned definition, hardship on the petitioner alone is not sufficient to establish good cause. Indeed, the Supreme Court emphasized that good cause "is based on the peculiar facts and circumstances of each case." Id. In granting extensions for development approvals, the City Commission has reviewed the particular facts of each case in granting or denying an extension. For example, the City Commission found good cause to grant an extension where a developer requested more time to pull a building permit in order to resolve an objector's lawsuit. See, Attached Letter from Attorney Representing the Regalia Development Project. The City Commission also found good cause where permitting delays from other agencies prohibited the developer from proceeding in an expeditious manner to obtain a building permit within the two-year time period. See, Attached Letter from Attorney Representing the Davinci Development Project. On the other hand, the City Commission denied a request for an extension where the developer sought the extension based solely on market conditions. See, Attached Letter from Comfort Homes Development. Essentially, the precedents show that economic reasons have not been a basis for the City Commission to grant an extension for a development approval. B. Inability to Obtain Financing or Market Condition Is Not Good Cause In addition to demonstrating good cause to warrant an extension of a development approval under the City Code, a developer has to demonstrate that the need for the extension is based substantially on events or occurrences beyond the control of the developer. The City Code does not describe all the occurrences beyond the control of the developer. However, the inability to obtain financing or market condition does not constitute good cause by itself under the City Code. More precisely, Section 265-11 (N)(3) of the City Code provides that "the inability to obtain financing, volatility in the economy and/or changes in the market conditions affecting a project, two or more of these factors combined and/or in combination with other relevant factors, may be sufficient as determined by the City Commission, to establish a need for the extension." Thus, the inability to obtain financing and market conditions are only factors in determining good cause. These factors must be combined with another factor in order to establish good cause. For example, economic conditions combined with permitting delays may be sufficient grounds to establish good cause. By indicating in its Code that the inability to obtain financing or market condition does not constitute good cause by itself, the City Commission made it abundantly clear that economic reasons alone would not be sufficient to establish good cause to warrant an extension of a 3 29 development approval. In fact, the legislative history behind the aforementioned section of the City Code makes clear that it was the intent of the City Commission to create a high bar to establish good cause. If the City Commission has a desire to grant extensions for economic reasons, the current standards under the City Code do not permit such extensions. Moreover, the standards do not permit the City to require prepayment of building permit fees in return for extensions of a development approval. More importantly, there is no legal authority to support the prepayment of building permit fees under the current standards. If the City Commission has a desire to provide extensions exclusively for economic reasons on a fee basis, the Commission may create a voluntary program which allows developers to seek extensions for economic reasons. This program would co-exist with the current process to grant extensions for good cause. A modification of the City Code would be required in order to start this program to ensure consistency with the current standards. c. Vested Rights or Zoning Estoppel Vested rights are typically implicated when the government seeks to stop a development project after the developer has spent substantial amounts of money to proceed with the development project. Indeed, "the theory behind vested rights is that a citizen is entitled to rely on the assurances and commitments of a zoning authority and if he does, the zoning authority is bound by its representation." Monroe County v. Ambrose, 866 So. 2d 707 (Fla. 3rd DCA 2004). A development approval cannot be revoked by the local government where vested rights have been established. Hollywood Beach Hotel Company v. City of Hollywood, 329 So. 2d 10 (Fla. 1976) (holding that developer has vested property rights in continuation of development project where the developer obtained a building permit). In order to establish vested rights in Florida, a property owner or developer must establish the following: "(1) in good faith reliance, (2) upon some act or omission of government, (3) made such a substantial change in position or has occurred such extensive obligations and expenses, and (4) that it would make it highly inequitable to interfere with the acquired right." Id. At 710. Vested rights are generally triggered subsequent to the issuance of a building permit. See, 35 AMJUR PFO 3d 385 (August 2003). Thus, even if a building permit is not issued, a developer may seek vested rights if they are required to prepay the building permit fees. Essentially, the doctrine of vested rights is a doctrine which attempts to establish fairness in the development process. Even if a developer is unable to establish vested rights to keep its development approval alive, the developer may claim equitable estoppel to prevent the termination of its development approval if they are required to prepay building permit fees. To sustain a claim of estoppel in Florida, "there must be (I) a representation as to some material fact by the party estopped to the party claiming estoppel; (2) reliance upon the representation by the party claiming estoppel; and (3) a change in such party's position caused by his reliance on the representation to his detriment." Monroe County v. Hemisphere Equity Realty, Inc., 634 So. 2d 745 (Fla. 3rd DCA 1994). The prepayment of building permit fees may be sufficient to raise the estoppel defense against the City if the City seeks to terminate a development approval. 4 30 If the City Commission is willing to grant extensions based on prepayment of outstanding building permit fees, the developer must waive the right to claim vested rights and equitable estoppel. The waiver is necessary to ensure that the City has the right to terminate the development approval if the developer does not pull a building permit upon the expiration of an extension request. D. Modification of the Land Development Regulations & Length of Extension Section 265-3(B)(4) of the City Code provides that "an amendment to these LDRs shall not affect, or be enforceable against, any development for which a development order was issued prior to the effective date of said amendment." Essentially, a development order is exempt from any new amendments which are passed subsequent to the approval of the development order. As such, the City Commission must determine whether it is willing to exempt existing development orders from any code modification in addressing the issue of extension of development approvals for economic reasons. For example, the bonus payment provision was amended recently to increase the bonus payment requirement from $35,000 to $72,000. Thus, the City Commission may require compliance with the new standards as a condition for extending a development approval. Under the City Code, the City Commission has the authority to establish the length of an extension request. The City Commission has not granted an extension request for more than six (6) months under the current standards. In granting any extension for development approvals, the City Commission should evaluate the impact that an extension may have on future amendments to the City Code. III. CONCLUSION While the City Commission is seeking ways to assist the development community to address the problems caused by market conditions, the City Commission cannot require the pre- payment of building permit fees as a condition to grant an extension for a development approval under the City Code. Under the City Code, a developer must establish good cause. Economic reasons alone are not sufficient to establish good cause. If the City Commission wishes to seek ways to help provide relief to the development community, I recommend the City Commission create a voluntary program which provides developers with an opportunity to apply for an extension at the administrative level if certain requirements are satisfied. These requirements must include a waiver of the right to claim vested rights and equitable estoppel. This voluntary program should not preclude a developer from applying for a good cause extensions under the City Code. cc: Fernando Amuchastegui, Assistant City Attorney Jorge Vera, Assistant City Manager/Services Doug Haag, Assistant City Manager/Finance Robert Solera, Community Development Director 5 31 s....""'" ,,;dvgCi"'C~~ ~"'" 1S,2001 City of Sunny Isles Beach. Florida 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida: Amending Ordinance 98-52 to Revise the Time Limit from One Year to Two Years Within \\'hich a Building Permit Must Issue for Any Variance, Special Exception, New Use, Special Permit or Unusual Use Heretofore or Hereafter Granted; Providing for Quarterly Notice in a l\ewspaper of General Circulation Within the City Limits for the Two-Year Time Period; Providing for Administrative Relief Procedure from this Ordinance, Providing for an Appeal to the City Commission; Providing for a Repealer; Providing for Severability; Providing for an Effective Date. (First Reading 2/22/01) Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented her report. Public Speakers: \Villiam Lone; Gerry Goodman Commissioner Iglesias expressed concern about the difficulty for developers, who had recently obtained a zoning approval vvithin the last four or five months, to successfully obtain a building permit within a two-year period. Commissioner Turetsky asked why these decisions were being taken out of the hands of the City Commission. City Attorney Dannheisser said that it was for the convenience of the Commission and developers, \\rith the developer still having a right to appeal to the City Conunission if they disagree 'with the staff decision on their vested rights appeal. There was considerable discussion regarding the proposal. Commissioner Turetsky repeated his objection to removing the decision from the City Commission and Commissioner Morrow indicated that she was unc-omfortable with some aspects of the proposal. City Attorney Dannheisser suggested that the motivation in the proposal to have staff re\'iew the vested rights application, was to remove the burden from the City Commission. Vice Mayor Kauffinan asked if under the current Code, can City staff grant a developer, with a pre"ious approval, an administrative variance beyond what the City Commission had approved. City Attorney Dannheisser said yes and explained. Commissioner Iglesias moved and Vice Mayor Kauffinan seconded a motion to adopt the ordinance. Ordinance No. 2001-117 was adopted by a roll can vote of 4-1 in favor. Vote: Conunissioner Iglesias Commissioner Morrow Commissioner Turetsky Vice Mayor Kauffinan ~1ayor Samson yes 1!Q yes yes m 4 32 STANL.EY El. PRICE:, P.A. CIRE:CTDIAI. (30!!;1 360-e374 DIRECT F'Al( (30!51 3SI-2l:!C4 E-MAIL sprioe@bll2In.ccm 8,LZIN SUMBERG 8AENA PRICE: & AXELROD LLP A F'ARTNE:RSI-IIP OF PROFESSIONAL ASSOCiATIONS 200 SOUTH e ISCA'rNE: BOu~e:VARC. SUITE: 2600. MIAMI, 1"1.01'tlOA 3:3131-5340 TE:l.EJOHONE: [:!lOtSl 374-75eO r-MAIL.~ INFO@BILZIN.COM . WWW.BI1.2/N.COM December 20, 2005 Hans Gttinot, Deputy Ci't)' Attorney City of Sunny Isles Beach 17070 Collins Avenue SUlmy Isles Beach, FL 33160 BY FAX Re: La Mansion Dear Mr. City Attorney: Please accept this letter as our fannal request to modify the provisions of CiTy ResolUTion No. 2005-757 (a copy of which isaltached hereto) to seek an extension of time to obtain bUilding permits to up to and including June 1,2007. As you are well aware, as a full parricipant in the last two years of legal chaIJenges by rhe City of Golden Beach, as well as individual residents of both the City of Golden Beach and [he City of Sunny Isles Beach, we have been unable to obrain appropJiate .financing during the pendancy of said litigation, Based upon a series of Successful defenses to the various regal challenges, om cliem is now in the position ro go forward to conSTruct its development appTOval as approved by City Resolution No. 03-Z-75. Last week, in furtherance of my clientls desire [0 go forward with this proJect. a fDrm<11 Applica'tion for The Transfer of Development Rights was filed with Mr. Jorge Vera, the City's Zoning Administrator. In reviewing our file in regard to this maner, I am sllbmining a letter to YOll dated October 30,2003 addressed to Mr. Jorge Vera which clearly indicates thenCltLITe of the scrivener's error contained within the approved resolution in 2003, which erroneously indicated the amount of square footage subject ro the Transfer of Developmem Rights Ordinance. I trust this enclosure will aid you in resolving this scrivener's error at a public hearing. 1 thank you in advance for your kind counesy in regard to this matt~r and I wisb you and YO~lr family a healthy and prosperous new year. Cordially, ~ SEP/cb Enclosure Stanley B. Price MJAMI %2604.1 74420138% 12/20/05 10:27 AM 33 - - ..-- - -- --.. . Greenberg Traurig Clifford A. Schulman (305) 579-06/3 Dir~cl Fax: (305) 961-56) 3 E-Mail: ~chLlll1lanc@g{l~w.~o'n October 29, 2007 VIA E-MAIL & US MAIL Mr. Robert Solera Community Development Director City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Reo' Da Vinci/Property located at ]7]41 Collins Avenue / Request/or Extension of Time/ Resolution No. 05-Z-99 Dear Mr. Sol era: On behalf of Mully SB, L.L.c., (the "Applicant"), the developer of the proposed Da Vinci residential project located at the above referenced address (the "Project"), we respectfully submit this letter pursuant to your request for additional information regarding the reason for our recent application for an extension of time to obtain a building permit for the Project, pursuant to Resolution No. 05-2-99. As stated in our original letter of intent requesting an extension of time, we have experienced delays in the processing of our Coastal Construction Control Line ("CCCL") pennit with the Florida Department of Environmental Protection ("FDEP"). In response to your request for additional information in this regard, please find attached, as Exhibit "A", a copy of a memorandum from Jason Seue of Coastal Systems International, Inc., summarizing the permitting process to date with FDEP. Please note that simultaneous to our processing of the CCCL permit with FDEP, we have been processing our building permit plans with the City of Sunny Isles Beach. As is indicated on the timeline prepared by the project architect, attached as Exhibit "B", the initial submittals to Miami-Dade Fire Rescue, DERM, and for dry run review at the City were made in August of2006 and application for a full building permit was submitted in April of 2007. As of this date, we have received the approval of all the various disciplines except for the structural approval which we expect soon. While City review of the building plans should be complete prior to the December 8, 2007 deadline, the City will not issue a building permit unless FDEP has issued the CCCL permit. The application file for the CCCL permit was determined to be complete as of October 12, 2007 by Celora D. Jackson of the Bureau of Beaches and Coastal System of FDEP. The CCCL permit is required to be issued within 90 days of October 12, 2007. As such, we expect Greenberg Traurig, p.A.1 Attorneys at Law 11221 Brickell Avenue I Miami. FL 331311 Tel 305.579.0500 I Fax 305579.0717 I www.grlaw.com MIA 179765972v1 10/22/2007 34 Mr. Robert Solera October 29, 2007 Page 2 FDEP to issue the CCCL permit by mid-January of 2008. Accordingly, we expect the building permit to be issued immediately following the issuance of the CCCL permit in mid-January, 2008. Again, thank you for your consideration of this application. If we can provide you with additional infonnation or documents or should you have any additional questions in this regard, please do not hesitate to contact me at (305) 579-0613. Enclosure ft:~-f~ ~ Clifford A. Schulman cc: Hans Ottinot, Esg. Mr. Jorge Vera Ms. Elena del Campillo Mr. William Rudnick Mr. Tom Yianilos Ms. Karla Rooks Mario Garcia-Serra, Esq. N. Patrick Range, Esq. Greenberg Traurig. P.A. MIA 179765972v110/22/2007 35 Comfort Homes Development ./no. 1671/. Col/ll/$ .1. vt!.# 1903, SII""-,, I.tles BefJc:I,;. Florida 3.~U60 Plt:J{)$-949-622/, Fitx:646-j{J4~I670 MWich 21, 2007 rt~ ~ ~. ~, ~W lE~ IF\l. i',:,~ < 2 Z007 UJ . '~~D'1..,O PLANNING &.ZONING -DEPT. Mr. A. John Szerlog City Manager CitY Qf~Llnny ISile eeac:;h. 18070 CbllinsAve. Sdnnyls.ies Beach, FL 33160 Re: L.etter of Inte.ntforExtensionofTirne for aPre,ViousJy Approved. Site Plan De~rMr.Szerlog: In accordance with Section 265-18.-J of the Municipal Gode of the City of Sunny Isle 'Beach, please accept this letter of intent as 'Comfort Homes Development Inc.'s appli~tion foreX1ensh:m of time for ap.re.viously approved site plan, PrOject No.2Z0q4~ 01 j which wasapproveq by the City of .sunny rslesBe'aco on March 2.2,2005 oh the following property: 22Q-t80Dtive, SUhnylsles Beach, Florida 33160 We' . respectfully request that the extens.ion of time be limited to two' years. This additional timewi/l be used to complefeourconstrYGtion documents and allowed the existingresidentiai market to improve. We assure you and the CityCqmmissiQo that it is ourintentto carry orfwithour projecfto fUlldevelOPl11ent.We thank.you in advance. Respectfuffy submItted, ze:.. ~~'1. i2. /.' . . --:'f'~~.x;/.ff~~~ ~.~~v COrtlfort Horn.es DeVelopment Inc. 36 To: Via: From: Date: Re: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler" Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 792- J 565 Fax (305) 947-2150 Building Department A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM Honorable Mayor and City Commission A. John Szerlag, City Manager . ~ Jorge L. Vera, Assistant City Manager/ Service Division~ (\ ~ Doug Haag, Assistant City Manager / Finance DiviSiOU \J January 16,2008 TDR's and Bonuses Developer Reso Beach Collins Public Total expiration Beach trust enhancemet streetscape parking TDR Solis Nov.17/07 183,000 458,000 275,000 183,000 5,156,017 6,255,000 Da Vinci Dec.08/07 179,000 298,000 179,000 119,000 3,959,713 4,734,000 Regalia 0 166,460 99,876 66,584 3,214,592 3,547,000 Tropez 2 July 20108 0 0 0 0 1,162,616 1,162,000 CHI Oct.17/08 266,700 444,500 266,700 177,800 3,749,268 4,904,000 Ocn Beach Nov.16/08 312,000 520,000 312,000 208,000 6,810,168 8,162,000 Sept Fairmont 20109. 458,600 1,146,500 687,900 458,600 0 2,751,000 Total 1,399,000 3,033,000 1,820,000 1,212,000 24,052,000 31,518,000 The table above depicts the total contribution that the approved projects will be providing to the City at the time a building permit is obtained. The City has collected 10% of the TDR amount shown above for each project as per our code. The table also shows the expiration date for each development approvaL As of 9/30/07 the CIP fund had $26,161,000 per FY07/08 budget. All total amounts shown above have been rounded to the nearest thousand. The City Commission has given time extensions for two developments for the submittal of the TDR's funds. Those developments are Solis and Regalia which have acquired permits.. All other bonus contributions have been submitted for these two developments. Out of the total contribution for the TDR's shown above for these two developments, they still owe the City the following amounts: 37 Memorandum January 16, 2008 Page 2 Solis Regalia $1,820,208 $1,285,614 Due Jan. 31,2008 Due Sept. 30, 2008 The City Commission also approved an extension of time on the development order for the Da Vinci project to acquire a building permit. Da Vinci $4,734,000 Due March 15, 2008 There is a private bank that two separate developers own TDR's on. As of the date of this memo neither developer has sold the TDR's to another developer or used them for a development of their own. These TDR's came from the original Porto Bellagio TDR bank which allowed a total of 5 years for the use of the TDR's. The expiration date for the developer to use their TDR's or loose them is January and April of 2010. In the event that the other developments do not obtain a building permit or receive an extension within the time frames of the development order, the total CIP revnues to the City would be reduced by $21,716,000. Epicure, Sunny Isles Marina and Oceanika are developments that have Commission approvals but there is no contribution to be made to the above mentioned funds. In addition to the contribution to the funds, all developments must pay building permit fees and impact fees for Police, Parks and Facilities at the time that a building permit is obtained. These fees do not affect the CIP fund. The total of these impact fees for all developments that have Commission approval but have not obtained a building permit are estimated to be as follows: Building Permit Police Parks F acili ties $ 3,250,000 $ 250,000 $ 1,100,000 $ 720,000 38 FUNDBALANCE PROJECTIONS BASED ON TDR PAYMENT EXTENSIONS FIRST EXTENSION - GREATER OF 15% OR $500,000 SECOND EXTENSION - GREATER OF 15% OR $500,000 CIP Fund Balance Projections CIP Stormwater Fund Fund Total Description $26,161,026 $3,845,891 $30,006,917 Projected Fund Balance as of 9/30/2007 FY 07-08 Transactions $0 Revenues $2,414,388 $2,414,388 Revenues - CIP - Mansiana $4,432,241 $4,432,241 Revenues - CIP - DaVinci $1 ,283,354 $1 ,283,354 Revenues - CIP - Trooez 2 $0 $0 Revenues - CIP - Paramount $3,000,000 $3,000,000 FOOT Grant $200,000 $200,000 FRDAP Grant - Pelican Park $900,000 $900,000 DEP Grants $0 $300,000 $300,000 DEP Grant - 172nd Street Drainaae $0 $328,000 $328,000 DEP Grant - Atlantic Avenue Stormwater $17,350 $2,425,579 $2,442,929 Miami-Dade Countv GOB funds $0 $0 State of Florida - Atlantic Isle & 172nd Street proiects $150,000 $150,000 Excess 0 & M Revenues - Exoenses $1,125,000 $75,000 $1,200,000 Interest $7,210,000 $7,210,000 General Fund Transfer $886,000 $886,000 $0 Transfer from CIP to Stormwater for Central Island Drainaqe $2,210,000 ($2,210,000 Debt Retirement ($5,000 {$5,000 Collins Avenue - Median Fencinq ($7,571,663 ($7,571,663 Central Island Drainaae ($339,000 $339,000 Gwen Margolis park - Drainaae Imorovement $250,000 $250,000 Government Center Modifications $540,000 $540,000 Pedestrian and Emeraencv Vehicular Bridqe $375,000 $375,000 Town Center Park - Observation Deck & Boardwalk ($1,033,315 ($1,033,315 Collins Avenue Streetscaoe - Phases III, IV & V $0 $0 FPL Underoroundinq Phase 1 - Collins Ave 185th - 194th $2,500,000 $2,500.000 Wireless Island $3,202,012 $3,202.012 Sunnv Isles Boulevard $6,000,000 $6,000,000 Land Bank ($522,000 1$522,000 FPL Undergroundina - 172nd Street ($1,200,000 ($1,200.000 Roadwav Improvements ($2,300,000 ($2,300,000 Atlantic Avenue Sanitary ($870,000 $870,000 Atlantic Avenue - Underaroundinq and Street Liqhtinq ($656.006\ $656,000 Atlantic Avenue - Stormwater $250,000 $250,000 Pelican Park $100,000 $100.000 Collins Avenue Siqnaqe $188,000 {$188.000 Collins Ave Median Closure $150,000 ($150,000 Town Center Park Restrooms & Liahtina ($1,000.000 ($1.000,000 Heritaqe Park/Splash Pad and Garaqe ($150,000 {$150,OOO Water Taxi/Landscaoe Park ($25,000 ($25,000 Beachwalk - Samson Park $0 Continaencies ($250.000\ ($250.000\ 174th Street Landscaoina $0 $0 Pier Improvements - TBD $21,837,032 $343,807 $22,180,839 Orlalnal Projected Fund Balance as of 9/30/2008 ProDosed Amendments to FY 2007/08 $0 Revenues: $7,000,000 $7,000,000 Other Revenues - DOJ {$4,432,241 {$4,432,241 Da Vinci ($1,283,354 $1 ,283.354 St Trooez 2 $500,000 $500,000 DaVinci - Min oayment for 1 year extension $500,000 $500,000 Tropez 2 - Min payment for 1 vear extension $0 EXDenses: $1,571,663 $1,571,663 Central Island Drainaae - Adiustment for Rev Estimate 1/14/2008 39 FUNDBALANCE PROJECTIONS BASED ON TDR PAYMENT EXTENSIONS FIRST EXTENSION - GREATER OF 15% OR $500,000 SECOND EXTENSION - GREATER OF 15% OR $500,000 . . .. . . . . . . . . . . . - . . ($2,000,000 ($2,000,000 Newport Pier ($55,000 ($55,000 Doo Park $350,000 $350,000 Temporarv Pedestrian Bridoe $500,000 $500,000 General EnaineerinQ ConsultinQ $300,000 $300,000 Construction Manaoement - 172nd & Atlantic isle ($1,000,000 ($1,000,000 Atlantic isle BridQe ($9,000,000 ($9,000,000 Other Exoenses $2,000,000 $2,000,000 Wireless Island $886,000 ($886,000) $0 Transfer from CIP to Stormwater for Central Island DrainaQe $339,000 $339,000 ~=~~~3rainaoe Improvement . ,. 1II$D$]f47101 IJ$}tqjfflit'f[l!l]lJ I se r c IU:IIBala:nc'9Ias~ou9100Z2b08..l._!';;;';'~~~,?,<;j FY 08-09 Transactions $13,267,636 $13,267,636 Revenues - CIP - CHI and Ocean Beach $0 Grant Proceeds 200,000 $200,000 Excess 0 & M Revenues - Expenses $850,000 $0 $850,000 Interest $5,210,000 $5,210,000 General Fund Transfer ($2,210,000) ($2,210,000 Debt Retirement ($5,000) ($5,000 Collins Avenue - Median FencinQ ($250,000) ($250,000 Central Island Drainaae ($3,620,000 ($3,620,000 Pedestrian and EmerQency Vehicular BridQe ($665,000 ($665,000 Town Center Park - Observation Deck & Boardwalk ($380,000 ($380,000 Wireless Island ($6,000,000 ($6,000,000 Land Bank ($100,000 ($100,000 Atlantic Avenue - Underoroundina and Street Uahting ($6,500,000 ($6,500,000 Heritaae Park/Splash Pad and GaraQe ($1,500,000 ($1,500,000 Collins Avenue Streetscaoe - Phases III, IV & V ($250,000 ($250,000 Sunnv Isles Boulevard Pro Dosed Amendments to FY 2008/09 Revenues: ($13,267,636 ($13,267,636 Chi and Ocean Beach $500,000 $500,000 DaVinci - Min oayment for addl1 year extension $500,000 $500,000 Tropez 2 - Min pavment for addl1 vear extension $1,000,000 $1,000,000 Chi and Ocean Beach - Min payment for 1 year extension EXDenses: $250,000 $250,000 Central Island DrainaQe $355,000 $355,000 Wireless Island lift'rf'tilt:lalancems~o~ ,5-8 , . 'fZ FY 09-10 Transactions $2,751,600 $2,751,600 Revenues - CIP - Turnberrv/Fairmont $0 Grant Proceeds $4,210,000 $4,210,000 General Fund Transfer $2,210,000) ($2,210,000 Debt Retirement $450,000 $0 $450,000 Interest ($100,000 ($100,000 Master Thorouahfare Plan ($1,000,000 ($1,000,000 Pedestrian and Emeraencv Vehicular Bridoe ($540,000 ($540,000 Town Center Park - Observation Deck & Boardwalk ($135,000 ($135,000 Wireless Island $6,500,000 ($6,500,000 Heritaoe Park/Solash Pad and GaraQe $3,000,000 ($3,000,000 Collins Avenue Streetscaoe - Phases III, IV & V $6,000,000 ($6,000,000 Land Bank ($100,000 ($100,000 Fountain - Sunnv Isles Blvd ProDosed Amendments to FY 2009/10 Revenues: 1/14/2008 2 40 FUNDBALANCE PROJECTIONS BASED ON TDR PAYMENT EXTENSIONS FIRST EXTENSION - GREATER OF 15% OR $500,000 SECOND EXTENSION - GREATER OF 15% OR $500,000 CIP Fund Balance Projections CIP Stormwater Fund Fund Total Description $3,432,241 $283,354 $1,000,000 $110,000 $3,432,241 DaVinci - Balance Due $283,354 Tro ez 2 - Balance Due $1,000,000 Chi and Ocean Beach - Min a ment for addl1 ear exten $0 Ex enses $110,000 Wireless Island 1(;;;-'.;.", l .4~) r ';P,'J!"r.vij' aii,l-...'~ ~~i,.'\., ')l~")..:ll" '1 ::,~~ 1/14/2008 3 41 o o o o o 00 ~r0 tA- '" 0 '" >. '0 '" .- c U~ ",..... ",c .8 0 (1).Q :EC'C~2 ~.~ "",- (1) -0 -0",;:'" 0.= ::=~ ~ ~ 5cO~ .80 (1)rn .J::. u~Q}O) oUi =C/) (1) "'''' ;:.;g u; (1) E g.~ (1)c E'!: 'c 0>'" ~'" ~ .~ ~ Q; "",(1) (1)~ 'E .!:I 0-0 c.' (/).J::."'> C>. 0'" 00 -0 -.0(1) 0(1) -'-' Q3e. '" ~i~~ ~c .8.~ >'" (1) "'~ (1)- .0 ..orn......!: _0 -0;: "0';" .~WO~ .J::.= :g;: .~ .g><( (1)"=' 0.. ~~ S ~>. '--0 :sU "'C~ ,l!!c ~:5 .- g-cogg 2U .~ C'C i- '" . ~~"Oci :3E E:g U>. '" __'coo >2 (1)0 (1)'" 'E 5.f: a.~ ~- .oN .J::.o. '" ._ Q) "I"""" ~o _c ;'0 0 ~Crn~ =0 > OE ;::;:: .0", .~ g.Q..c ~ -(1) c'-' (1).91 )(U)-oCQ ;:E ,2.E Cl ~;g E wC-= ;:-0 '" (1)",0 1;) ~.~ 0- m~~~ ~(1) c'" 0, (1).J::. (1)0'-' ~ro 0.'-' "''-'c 0 >~'-o 0'" C' ~ c.~ co <1.>,- Qi= .~ ~ ~ ",-0 (1)~ .t: (1) 0..'= >'" -oC t >..8:::; 0'" ..c:;:::; (1)0 ~~~ <02 -'" ",-0(1)(1) -0- (1)~ 0': ~ c ~2 "'- ~ c~. "'''' u.:S-oO (1)"'" 0 :,cCllO ",'- ,...~ .t:~'-' CtI.;: ,..."'(1) :::::"'C(/.) '-'E 0.-0 ~co "'-0 (1)-0 m", 01 00 30 1-0 0)0 -00 00 ~~ tA- CD II M I/) t a ~ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 I I 3 Fax (305) 947-2150 Building Department (305) 947-5 107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM TO: A. John Szerlag, City Manager ~ FROM: Priscilla Walker, CMC, Deputy City Clerk DATE: February 25, 2008 RE: Approval of Voluntary Time Extensions Program for Development Approvals and Transfer of Development Rights At its regular meeting of February 21, 2008, the City Commission adopted Resolution No. 2008-1222, which approved the above-referenced item. Attached is a copy of the approving legislation for your files. Thank you. /pw Attachments cc: Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager/Services Doug Haag, Assistant City Manager/Finance Clay Parker, Building Official! Administrator Robert Solera, Community Development Director Voluntary Time Extension For Development Trans Memo