HomeMy WebLinkAboutOrdinance 2004-206
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ORDINANCE NO. 2004 - '2.0lo
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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
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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
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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
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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
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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