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ORDINANCE NO. 2022 - <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, APPROVING AN AMENDMENT TO THE CITY OF SUNNY ISLES BEACH <br />COMPREHENSIVE PLAN FUTURE LAND USE MAP (FLUM) , PURSUANT TO THE <br />SMALL SCALE COMPREHENSIVE PLAN AMENDMENT PROCEDURES IN SECTION <br />163.3187 OF FLORIDA STATUTES FOR A 0.672 ACRE PARCEL LOCATED AT 215185 <br />ST, SUNNY ISLES BEACH, FL 33160 FROM LOW TO MEDIUM DENSITY <br />RESIDENTIAL TO COMMUNITY FACILITIES; APPROVING THE TRANSMITTAL OF <br />THE AMENDMENT TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND <br />REVIEWING AGENCIES IN ACCORDANCE WITH SECTION 163.3187, FLORIDA <br />STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING 'FOR REPEALER; <br />PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, on or about April 4, 2014, Beach Club Acquisitions, LLC ("Beach Club") <br />submitted an application to the City of Sunny Isles Beach, Florida ("City") requesting approval to <br />construct a temporary sales center office for the project currently known as Turnberry at the <br />property located at 215185th Street, Sunny Isles Beach, Florida, and as legally described in Exhibit <br />"A" (the "Property"), which is approximately 0.672 acres; and <br />WHEREAS, by Zoning Resolution 14-Z-143 adopted July 31, 2014, the City Commission <br />approved the Turnberry project, which included an agreement by Beach Club to donate the <br />Property to the City in exchange for transferable of development rights; and <br />WHEREAS, on July 29, 2016, pursuant to the aforementioned Resolution, the City <br />acquired title to the Property and entered into a Triple Net Leaseback Agreement ("Lease") with <br />Beach Club, whereby Beach Club would continue to utilize the Property; and <br />WHEREAS, the Lease has since been terminated, and the City has taken possession of the <br />Property; and <br />WHEREAS, the City now wishes to utilize the Property as a Community Facility; and <br />WHEREAS, according to the City's Comprehensive Future Land Use Map ("FLUM") the land use <br />designation for the Property is Low to Moderate Density Residential; and <br />WHEREAS, the City intends to change the land use designation of the Property from Low to <br />Moderate Density Residential to Community Facility; and <br />WHEREAS, the Sunny Isles Beach Commission, after careful consideration of this matter, <br />deems it in the best interests of the general welfare of the City and its inhabitants to approve a <br />small-scale amendment to the FLUM as hereinafter set forth; and <br />WHEREAS, the proposed FLUM amendment is being submitted concurrently with a <br />zoning map amendment from "R-TH Moderate Density Townhouse Residential" to "Community <br />Facilities"; and <br />@BCL@FC0EIFAA.docx Page 1 of 3 97 <br />