Resolution LPA 2004-17 - Laserfiche WebLink

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, " The application shall be subject to the same notice and hearing requirements applicable to zoning applications under the Land Development Regulations. c. Scheduling of Hearing. Prior to the scheduling of a hearing to consider the transfer of development rights to a receiver site, all required documentation and all required fees, as described in this Section, shall have been submitted to the City in a timely fashion and reviewed and approved by City staff. d. Review and Approval by City Commission. The City Commission after reviewing the application and the written findings and recommendations of the Planning and Zoning Administrator may, in its sole discretion, approve with modifications or conditions, approve less than the full amount of requested TDRs, in which case the Applicant shall return to the City Commission with revised site plan for its further consideration or deny the application for transfer of development rights. The issuance of a resolution approving such transfer shall automatically change the TDR Bank Statement. The City Commission shall review the application based on the following criteria, and shall make findings as to each, provided however that approval of the application, in whole or in part, is solely within the Commission's discretion: 1. The project is consistent with the Comprehensive Plan and will not reduce the levels of service set forth in the plan. 11. The project is consistent with the intent of this Ordinance entitled "Purposes and Applicability. " lll. The project meets all other criteria set forth in the LDRs. IV. The transfer of development rights is desirable on the individual site being considered for purposes of enhancing overall development. .~, v. The development on the receiving site shall be designed to produce an environment of desirable character and harmony with the neighborhood, resulting in a superior quality of development and open space relationships with high standards for recreational and parking areas. The transfer of these rights shall create a logical and superior pattern of development, which would not otherwise occur if the property were developed without them. It is understood that, in the case of privately-owned sending sites that are conveyed to the City in accordance with this Section 265-23, subject to all applicable conditions, limitations and other criteria, including but not limited to those contained in the Comprehensive Plan and this Ordinance, applications for approval of developments using development rights withdrawn from the TDR bank account of a sender site transferor through the site plan approval process, shall be approved by the City Commission using good faith. 02004-3/18 Amendment to TDRs -. Sec. 265-23 LMD:ch format 4/30/2004 -- 4:35 PM 9