Resolution LPA 2004-17 - Laserfiche WebLink

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e. Recording of Documents. Prior to issuance of a building permit, documentation evidencing the transfer shall be recorded against the titles to both the sending and receiving sites, as may be applicable, in the Public Records of Miami-Dade County, Florida and an irrevocable covenant running with the land, which shall include the additional FAR (TDR), required parking and all other conditions, restrictions, and obligations imposed as conditions of the approval by the City Commission and the LDRs, shall be recorded against the title to the receiving site, in the Public Records of Miami-Dade County, Florida. The covenant and all other documents recorded pursuant to this Section shall include a warning that the approval of the TDRs shall be extinguished, become null and void and shall be of no further force nor effect in the event no building permit is issued for the receiving site within twenty-four (24) months from the date the Resolution is rendered, and shall contain a statement by which the owner(s) of the receiver site shall agree to bind itself, its successors and assigns with regard to all conditions, restrictions, and obligations contained therein, and, further, shall include a statement prohibiting any changes, amendments, modifications or releases to the document without the prior written approval of the City Manager and the City Attorney after approval by the City Commission at a public hearing. All documents recorded pursuant to this section shall be in a form acceptable to the City Attorney and shall be recorded at the expense of the applicant. Copies of documents recorded pursuant to this Section shall be delivered to the City by the applicant. f. Zoning in Progress. Notwithstanding Section 2 hereinbelow or any other provision to the contrary in the Land Development Regulations, all applications for transfers of development rights shall be subject to all of the terms and provisions of the TDR ordinance in effect at the time the application is reviewed by the City Commission at a public hearing, unless, upon the request of an applicant supported by competent substantial evidence at a public hearing, the City Commission first determines that, as to that specific application, such review would cause the applicant undue hardship, which hardship would not otherwise exist were the application to be reviewed under the TDR Ordinance in effect at the time the application was filed with the City. Upon such finding by the City Commission, the application shall be reviewed under the terms and provisions of the TDR ordinance in effect at the time the application was filed. 8. Section 265-23.8 TDR Bank; Establishment of TDR Bank; deposits and withdrawals from TDR Bank; Limitations; (a) TDR Bank. The City Commission may by resolution adopt procedures for the establishment of a "TDR Bank" (the Bank") which shall be maintained and operated by the City Manager or its designee for the deposit and withdrawaVpurchase by private developers of development rights and shall be retroactive to all TDR transactions. A fee shall be established by resolution to be paid by the depositor or purchaser for each transaction. The Bank Statement attached as Exhibit "A" to each City Commission resolution authorizing the TDR's and the deposit or withdrawal of development rights shall reflect approved sites and the units of TDR's attributable to each site. The Bank Statement shall be amended administratively and dated each time transfers are made in accordance with this Section. 02004-3/18 Amendment to TDRs -- Sec. 265-23 LMD:ch format 4/30/2004 -- 4:35 PM 10