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HomeMy WebLinkAboutOrdinance 2004-206 I . .."II'" .."',,'" ,....'" ""''' 11'1' "~r 'rr "r ''''1' <<l ORDINANCE NO. 2004 - '2.0lo C i" 'I :: U (>i I: : (I .,\ ; ~ iJ L · ~ : l (II I..: :i!i I:; :!I< i) 17:. iI[' :p!! fL):;!:' :,,'::>,'10(1" [;':'./1 I Iii J : I ,:111 I Ilr::I.Eb ): ((Ill r t)i1 -['Iii: ITUE'i! ;'_:I;:II11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE APPRAISED LAND VALUE OF FIVE MILLION SIX HUNDRED THOUSAND DOLLARS ($5,600,000.00) FOR THE PROPERTY LOCATED AT 16275 COLLINS A VENUE. A/KJA SAYAN; PROVIDING FOR THE ACCEPTANCE AND PAYMENT BY THE APPLICANT OF ONE MILLION THREE HUNDRED TWENTY-FOUR THOUSAND AND SIXTY-SIX DOLLARS ($1,324,066.00) FOR THE TRANSFER OF THIRTY- THREE THOUSAND SIX HUNDRED AND FIFTY-SEVEN (33,657) SQUARE FEET AND TWENTY-ONE (21) UNITS OF THE CITY'S TRANSFERABLE DEVELOPMENT RIGHTS; PROVIDING FOR AN ADJUSTMENT OF THE BALANCE OF TRANSFERABLE DEVELOPMENT RIGHTS FROM THE CITY'S BANK TO REFLECT A DECREASE OF THIRTY-SIX FOUR HUNDRED AND SEVENTY-SEVEN (36,477) SQUARE FEET AND TWENTY-ONE (21) UNITS AS DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 27,2003, the City Commission approved an application submitted by Mandalay LLC. ("Applicant") for site plan approval for property located at 16275 Collins Ave. a/k/a Sayan containing a transfer of thirty-three thousand six hundred fifty-seven square feet of development rights to be purchased from the City's Development Rights Bank ("Bank") as established pursuant to Ordinance 2003-179; and WHEREAS, pursuant to Section 265-23 D of the Code of the City of Sunny Isles Beach, the City Commission shall consider the acceptance of the appraised land value in the amount of five million six hundred thousand dollars ($5,600,000) for the receiving site; for the purpose of calculating the square foot value of the approved Transfer Development Rights; and, WHEREAS, the City Commission shall consider the acceptance of one million three hundred twenty-four thousand and sixty-six dollars ($1,324,066) for the transfer of thirty-three thousand six hundred fifty seven square feet (33,657) from the Bank; and WHEREAS, the property receiving the transfer of development rights ("TDRs") is located at North 59 feet oflot 95 together with the South 41 feet oflot 96 of Tatum Ocean Beach Park Pb 5 Pg 35 of the Public Records of Miami-Dade County, Florida. (hereinafter referred to as the "Receiving Site"); NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference as if they fully set forth herein. Section 2. Approval of Appraised Land Value. The City Commission hereby approves the appraised land value of five million six hundred thousand dollars ($5,600,000) ("Appraised Value"), for the Receiving Site. TDRs transfer to Sayan 1 I "" . Section 3. Final Approval of Payment for TDRs. Based on the Appraised Value set forth in Section 2 hereinabove, the City Commission hereby approves the payment of one million three hundred twenty-four thousand and sixty-six dollars ($1,324,066) for the transfer of thirty-three thousand six hundred fifty seven square feet (33,657) from the Bank and twenty-one (21) units from the City's TDR's to the Receiving Site. Section 4. Adjustment of Bank Balance. Upon acceptance of payment for the transfer of development rights based on the Appraised Value, the Bank's balance will be adjusted to reflect a decrease of thirty-six thousand four hundred seventy-seven square feet (36,477) from the Bank and twenty-one (21) units (as opposed to thirty-three thousand six hundred fifty seven square feet (33,657) square feet). Section 5. Authority of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the transfer of development rights, including directing the City Clerk to record such transfer and directing the Planning and Zoning Administrator to adjust the Bank balances currently outlined on Exhibit "A". Section 6. Repealer. Except for Exhibit "A," which will continue to be adjusted with the latest dated Exhibit as controlling in each case, all ordinances or parts of ordinances in conflict herewith, be and the same, are hereby repealed. Section 7. Effective Date. This ordinance shall become effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading this ~ day of ~, 2004. PASSED and ADOPTED on second reading this ;;l O.JA.. day of rY\ ~, 2004 By: ll.- es/Cit{;,Elerk / }j,~~>TO FORM LEG~ SUFFICIENCY: . . ~,- Lynn M. Dannheisser, City Attorney TDRs transfer to Sayan 2 .. Moved by: ~ w-,.l \:\'.. ~f\')~..Iz &Q E211\) Second by: ~ VYvw\ \,S S:\ 1) IV f:..IL -r ~LE.R. VOTE: ~.-o Mayor Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler l,/'yes _no Vyes _no l/yes no ~es no ---.0es _no TORs transfer to Sayan 3 CITY OF SUNNY ISLES BEACH TRANSFER OF DEVELOPMENT RIGHTS BANK Development Rights for aty Own Transferable Transferable Property Square Rights Density/Units Site 1. Golden Shores Park 11,512 sq. ft. 2 units 2. Active Park 166,240 sq. ft. 100 units 3. Gwen Margolis Park 248,292 sq. ft. 143 units 4. Gilbert Samson Oceanfront Park 162,914 sq. ft. 94 units Total development rights in bank 588,958 sq. ft. 339 units Transferable Development Right Balance TDR Balance TDR Value Development Square Feet. Units 1. Fortune Beach lie 17001 Collins Ave. 588,958 339 IDR square feet approved 124,991 IDR units approved 57 IDR square foot and units deducted 124,991 72 Total cost of IDR $7,558,863 Resolution # 03-2-75 Ordinance # 2003-187 Subtotal 463,967 267 $7,558,863 2. King David 17555 Atlantic Boulevard IDR square feet approved 18,000 IDR units approved 18 IDR square foot and units deducted 31,266 18 Total cost of IDR $160,920 Resolution # 03-2-73 Ordinance # 2003-188 432,701 249 $7,719,783 Subtotal Exhibit 'N ~ ~.::; 1.(1. 2 2 ~: !3:\l 8 eu ~ L.. !:'is 'I Pf::~GE ,,-,,~,,"",?~ _ r .,. .-" CITY OF SUNNY ISLES BEACH TRANSFER OF DEVELOPMENT RIGHTS BANK TDR Balance TDR Value Development Square Feet. Units 3. Mandalay liC 16275 Collins Avenue lDR square feet approved 33,657 lDR units approved 21 lDR square foot and unitS deducted 36,477 21 Total cost of lDR $ 1,324,066 Resolution # 03- 2-74 Ordinance # Subtotal 396,224 228 $ 9,043849 Exhibit 'N