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<br />Summary Minutes: Regular City Commission Meeting <br /> <br />April 15, 2004 <br /> <br />City of Sunny Isles Beach, Florida <br /> <br />Action: City Clerk Hines read the title, and Mayor Edelcup reported. <br /> <br />Public Speakers: none <br /> <br />Vice Mayor Goodman moved and Commissioner Brezin seconded the motion. LPA <br />Resolution No. 2004-17 was adopted by a voice vote of 5-0 in favor. <br /> <br />SG.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, <br />Amending Section 265-23 of the Land Development Regulations, Relating to <br />Transfer of Development Rights; Providing for Revised Definitions; Providing for <br />Establishment of Sender Sites, TDRs Transferred, Fees; Providing for TDRs Transferred <br />from City Owned Sender Sites; Providing for TDRs Transferred from Privately-Owned <br />Sender Sites and a Revised Application Process to Consolidate the Site Plan Review <br />Process and the Transfer of Development Rights Process; Providing for Establishment of <br />Receiver Sites; Providing for Fees; Providing for Transferable Development Rights from <br />City Owned Sender Sites, Transferable Development Rights from City Owned Sites; <br />Providing for Development Rights from Privately Owned Sender Sites; Providing for <br />Cost of Transferable Development Rights Issued by Private Owners from Privately <br />Owned Sender Sites; Providing for Development Limitations Upon Receiving Sites; <br />Identifying Land Ineligible for Consideration as Receiving Sites; Providing for <br />Procedures Pertaining to the Purchase of Development Rights for Use on a Potential <br />Receiving Site and for a Non-Refundable Deposit; Providing for Review and <br />Recommendation by Planning and Zoning Administrator, Scheduling of Hearing, Review <br />by the City Commission and Recording of Documents; Providing for Zoning In Progress; <br />Providing forTDR Bank; Establishment ofTDR Bank; Deposits and Withdrawals from <br />TDR Bank and Limitations; Providing for a Repealer; Providing for Severability; <br />Providing for an Effective Date. <br />(First Reading 4/01104) <br /> <br />Action: City Clerk Hines read the title and City Attorney Dannheisser reported that a <br />clause needs to be inserted into Section 8A because it conflicts with another section. She <br />noted that Section 8A says the TDR bank rights procedures that will be adopted may be <br />applied retroactively, but later on it states that the latest amended one would be applied to <br />the hearing in progress, so she wants to clarify that it is retroactive as to the bank and the <br />language that would be added on page 10 of the Ordinance, after the underlined phrase, it <br />should be "not withstanding Section 2 of the Ordinance", and then in Section 2, we are <br />going to add, "except as provided". Mayor Edelcup asked what the bottom line was, and <br />City Attorney Dannheisser said they look like they are conflicting because one applies to <br />the bank procedures which will be adopted so they will be applied retroactively whereas <br />the contents of the Ordinance will not be. Mayor Edelcup said then it only applies to the <br />Bank, and City Attorney Dannheisser said yes. <br /> <br />Public Speakers: Stanley Price, Esq.; Henry Kay <br /> <br />Page 9 of 19 <br />