HomeMy WebLinkAboutReso 2009-1398
RESOLUTION NO. 2009-l39B
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ESTABLISHING A FORMAL
POLICY TO PROVIDE FOR EXTENSION OF TIME FOR THE
UTILIZATION OF DEVELOPMENT RIGHTS THAT ARE
PRIVATELY OWNED; PROVIDING FOR ADMINISTRATIVE
APPROV AL OF EXTENSION REQUEST; 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, the City Commission wishes to extend the time period for the
utilization of development rights owned by private parties; and
WHEREAS, the City Commission wishes to adopt a formal policy and establish a
fee structure to provide for the extension of time-period.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1, Policy Statement. The City Commission understands that development rights
("TDRs") are valuable commodities that must be preserved to spur development within the City and
to preserve open space, The City Commission further understands that the current economic crisis
has prevented owners of privately owned TDRs from utilizing the TDRs in development projects.
The City Commission believes that it is in the best interest of the City to extend the useful life of
TDRs.
Section 2. Fee for Extension. Any owner of privately owned development rights ("TDRs")
acquired pursuant to Section 265-23 of the City Code may request a ten (10) year extension to
utilize development rights purchased from a private party. The owner of said TDRs shall pay to the
City an annual fee in accordance with the following formula:
(1) The total amount of TD Rs shall be multiplied by a base square foot price of
$30.00 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 $30 and 2.48.
Example: 100,000 sq, ft. privately owned
x 30 base sq. f1. price
3,000,000 -:- 1000 value per thousand= 3000
3000 x 2.48 = $7440
Establishing policy for lISC of Development Rights
Page I of2
(2) Fees can be paid on a quarterly basis. Failure to pay will result 10 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.
Section 4,
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this ,q~'" day of MPrRc.t\ 2009.
ATTEST:
..
~'A~
Jane A. Hines, City Clerk
. ....,
,.
Moved by:
Co~ <;:<..~
"lu. vY\~~V" T~t\UR.
Seconded by:
Vote: S-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Goodman
Commissioner Brezin
Commissioner Scholl
~(Yes)
~(Y es)
v"(Yes)
&/'(Yes)
--;7(Yes)
_(No)
_(No)
_(No)
(No)
_(No)
Establishing policy for IISC of Development Rights
Page 2 of2
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Ci(y Commissioll
Norman S. EdeIcup, Mayor
Lewis J. Thaler, VI,r Mayor
Roslyn Brezin, Commioioner
Gerry Goodman, CfJl1lmil)'ioller
George "Bud" Scholl, CfJmmir,.ioller
(305) 947-0606 City lIall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Rick Conner, Adill~ City AlalltJ,~er
Hans Ouinol, City /lIIol71ey
Jane A, Hines, City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: HaDS OttiDOI, City Attorney ~
DATE: March 19, 2009
RE: Annual Fee for Extension of Development Rights
RECOMMENDA TION:
This Resolution is presented for your consideration.
REASONS:
The City has been approached recently by several owners of privately owned development rights
("TDRs") about extending the useful life of the TORs.
The attached Resolution will provide owners of privately owned development rights an
opportunity to request a ten (10) year extension to utilize development rights purchased from a
private party, In order to obtain an extension, the owner must pay an annual fee based on a per
square foot price, The fee is based on the assumption that development rights are property rights
that would have been subject to ad valorem taxes if such rights were not extracted from the
property. It is important to note that the fee formula was created by the in-house financial
expert- Mayor Edelcup,
/ Attachment
Agenda Item \ 0 C9
Date 3- tq- 0'1