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<br />evidence presented by the applicant, such review would cause undue hardship to the applicant <br />which hardship would not otherwise exist were the application to be reviewed under the TDR <br />Ordinance in effect at the time the application was filed with the City, the City Commission may <br />by resolution grant the applicant permission to have the application reviewed under that prior <br />TDR Ordinance. <br /> <br />THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, AFTER CAREFUL CONSIDERATION, HEREBY ORDAINS AS <br />FOLLOWS: <br /> <br />Section 1. <br /> <br />Amendment of Section 265-23 of the Land Development Regulations. <br /> <br />Section 515 of the City's Land Development Regulations is hereby amended as follows: <br /> <br />Section 515 shall hereinafter be known as Section 265-23 of the Code of the City of Sunny Isles <br />Beach and shall read as follows: <br /> <br />1. 265-23 (1). Purposes and Applicability. <br /> <br />This section is intended to provide for greater flexibility in the pattern of development by <br />allowing for the transfer of development rights (unused floor area and density) from one parcel <br />to another where the City Commission determines that (a) such transfers will assist in the <br />renewal, rehabilitation, and redevelopment of commercial, Town Center and beachfront property <br />and that (b) preservation and enhancement of open space, natural resources, historical and <br />archeological resources, preservation of view corridors, concentration of public parking, or <br />provision of educational or other public purpose objective may be achieved through such shifts <br />in the development pattern. <br /> <br />2. 265-23 (2). Definitions: <br /> <br />As used in this section, the following terms shall have the meanings indicated: <br /> <br />Administrator: shall mean the Planning and Zoning Administrator. <br /> <br />Bank Statement: shall mean the statement used to record deposits and withdrawals from the <br />TDR Bank, as herein defined, in accordance with this Section. <br /> <br />Comprehensive Plan: The Comprehensive Plan of the City of Sunny Isles Beach, Florida, as <br />adopted October, 2000. <br /> <br />LDRs: Land development regulations of the City of Sunny Isles Beach, adopted December 10, <br />2002, as the same may be amended from time to time, consistent with the Comprehensive Plan <br />of the City of Sunny Isles Beach. <br /> <br />02004-3/18 Amendment to TDRs -- Sec. 265-23 <br />LMD:ch format 5n12004 -- 3:19 PM <br /> <br />2 <br />