Ordinance 2003-179 - Laserfiche WebLink

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iv, The transfer of development rights is desirable on the individual site being considered for purposes of enhancing overall development and the sender site is dedicated to public ownership or preserved for public purpose to a conservation easement or other recordable mechanism, creating view corridors, improving pedestrian environment, public right-of-way and publicly owned property, accomplishing the public purpose that is consistent with the Comprehensive Plan and Section 5 hereinabove. The sender site shall be dedicated to the public either by the transfer of fee title to the City or perpetual deed restriction or easement. in a form acceptable to the City. 111. 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. If the City Commission finds the transfer of development rights on any given site meets the foregoing criteria. it-shaH may approve. with or without conditions. by Ordinance. such transfer. d. Transfer Process. A hearing on the eligibility of a site to send or receive a transfer of rights may occur simultaneously with the zoning application but the transfer may not occur until a second public hearing has been held oeel:lrred and the City Commission has made a determination within its sole discretion made its speeifie fiRdiRg as to all eriteria set forth in subsectioR d hereiR aRd above. The actual conveyance shall require a separate public hearing (second reading to be finally approved an the issuance of the ordinance approving such transfer shall automatically change the TDR map. e. Consultants. Hiring of consultants to review data including engineering, planning, legal, appraisal, technical or environmental issue, shall be chargeable to the applicant in accordance with Ordinance No, 2001-132, f. Recordine: of Documents. Thirtv days after the passage of the Ordinance ap1>roving a transfer of development rights. that transfer shall be recorded by the Applicant in the Public Records of Dade County on both the sender and receiver sites and an irrevocable covenant running against the land shall b e recorded on the receiving site including the additional FAR. required parking and any other conditions imposed by the Commission. The owner of the Receiver Site shall agree to bind itself. its successors and assigns of the property and development with regard to all conditions and no changes may occur without approval by the commission that was involved in the initial approval. In the event. no building permit is issued within twenty-four (24) months from the date of approval. the TDRs reflected in the public records shall be extinguished and the recorded documents shall contain a warning to that effect so the any buyer of the property shall be so caveated, Amendment of Section 515 8 9/25/2003 12:28 PM