LPA Reso 2007-48 - Laserfiche WebLink

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CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALVA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS * * * h) The City Manager shall establish maintain a management and accounting system to value, record and track TDR's subject to approval by the City Commission. 35. Delete existing Objective 16 as follows: Objective 16 The land dcwelopment regulations which shall be adopted in accordance with this Comprehensive Plan shall provide a procedure for vested rights determination and shall address the continuing effective existing judicial, administrative and executive determinations granting development rights to particular property ovmers as well as, where applicable, the expiration of such rights. 36. Delete existing Policy 16A. as follows: Policy 16L^~' L^~ determination of vested rights and beneficial use shall require: (a) Application. An applications shall be submitted by the applicant to the City of Sunny Isles Beach within one year after the effective date of the Plan. (b) Review of Application. The City may appoint a hearing officer or other qualified person or entity 'Nho shall gi','e notice, schedule and conduct a public hearing on the application. (c) Determinations. The preparation of a proposed determination including finding of fact and conclusions of law 'shieh shall be submitted to the City Commission; and (d) Final Determinations. /'1.. final determination that shall specify the development rights that are vested or the beneficial use to 'vvhich the landovmer is entitled, including: (i) The geographic scope of the determination in relation to the total area of the development site; (ii) The duration of the determination and an expiration date; (iii) The substantive scope of the determination; (iv) The applicability of existing and future City land development regulations; (v) Verification that construction has commenced and quarterly reporting requirements to ensure that development is continuing in good faith; and (vi) Such other limitations and conditions necessary to assure compliance '.vith the Comprehensive Plan. 37. Delete existing Policy 16B. as follows: Policy 16B. A determination of vested tights shall be based upon one or more valid, unexpired permits issued by the City prior to the effective date of this Comprehensive Plan, or a government act of development approval 'Nhich was obtained prior to one before the effective date of the Plan, that the owner has detrimentally relied in good faith by making substantive expenditures and that it would be highly inequitable to deny the property O\\TIers the right to complete the development, such that the applicant, acting in good faith, has incurred such extensive obligations and expenses that it would be highly inequitable or unjust to affect such rights by requiring the applicant to now conform to the current Comprehensive Plan and Land De','elopment Regulations and that the deyelopment has commenced and has continued in good faith without substantial interruption. 38. Delete existing Policy 16C. as follows: 14