HomeMy WebLinkAboutResolution LPA 2001-02
LPA RESOLUTION NO. 2001- b^,
A RESOLUTION OF THE LOCAL PLANNING AGENCY OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, TRANSMITTING AND
RECOMMENDING TO THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH THE PROPOSED CITY OF SUNNY ISLES
BEACH COMPREHENSIVE PLAN AMENDMENT, WHICH AMENDS
THE FUTURE LAND USE ELEMENT OF THE CITY OF SUNNY ISLES
BEACH COMPREHENSIVE PLAN ADOPTED BY ORDINANCE NO.
2000-105, MODIFYING POLICY 11 TO INCLUDE LIMITS ON PUBLIC
LANDS ELIGIBLE FOR TRANSFERS OF DEVELOPMENT RIGHTS
(TDR'S), IDENTIFYING PUBLIC PURPOSES FOR THE UTILIZATION
OF TDR'S, AND ESTABLISHING LOCATIONS TO WHICH TDR'S MAY
BE TRANSFERRED; AMENDING POLICY 15B TO CONDITION THE
LIMITATIONS IMPOSED BY COMPREHENSIVE PLAN LAND USE
CATEGORIES AS MODIFIED BY A NEW POLICY 15C; AND ADDING
A NEW POLICY 15C REQUIRING THE INCLUSION OF THE TDR
MECHANISM IN THE LAND DEVELOPMENT REGULATIONS;
ESTABLISHING PARAMETERS FOR SENDER AND RECEIVER
DISTRICTS, SETTING LIMITS ON INCREASES IN DENSITY IN
RECEIVER DISTRICTS, REQUIRING PUBLIC PURPOSE, AND
PROVIDING MECHANISMS FOR MAINTAINING SUCH PUBLIC
PURPOSE, AND REQUIRING PROCEDURES FOR APPROVAL AND
MONITORING OF TDR'S, ATTACHED HERETO AS EXHIBIT "A",
FOR CONSIDERATION AND THE REQUIRED TRANSMITTAL TO
THE STATE DEPARTMENT OF COMMUNITY AFFAIRS PURSUANT
TO THE PROVISIONS OF THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach, Florida was incorporated on Jlli).e 17, 1997;
and
WHEREAS, pursuant to the provisions of the Local Government Comprehensive
Planning and Land Development Regulation Act, on October 5, 2000, the City of Sunny Isles
Beach adopted Ordinance No. 2000-105, adopting the City's Comprehensive Plan; and
WHEREAS, pursuant to Florida Statute 163.3167 (4), the City has prepared a proposed
Comprehensive Plan Amendment; and
WHEREAS, the City Commissioners, serving as the Local Planning Agency ("LP A"),
did this day conduct a public hearing to consider the proposed Comprehensive Plan Amendment;
and
LPA R2001- Transmittal ofComp Plan Amendment to DCA 1
WHEREAS, the LP A has determined that it is in the best interest of the City and its
residents to recommend approval of the Comprehensive Plan Amendment for transmittal to the
applicable State agencies;
NOW THEREFORE, BE IT RESOLVED BY THE LOCAL PLANNING AGENCY
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1 That the Local Planning Agency hereby transmits and recommends to the City
Commission of the City of Sunny Isles Beach the proposed City of Sunny Isles Beach
Comprehensive Plan Amendment, attached to this Resolution as Exhibit "A", for further
consideration and transmittal by the City Commission to the State Department of Community
Affairs pursuant to Florida Statute 163.3184(15).
Section 2
law.
That the City Clerk is directed to make the appropriate transmittals as required by
Section 3
This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 25th day of October, 20
ATTEST:.
..%tk~A~U~
Richard Brown-Morilla, City Clerk
David Samson, Mayor
Chairman
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Moved by: ~asi~ ~~
Seconded by:~~;~ ~
VOTE: Lf- 0 - \
Mayor Samson
Vice Mayor Kauffman
Commissioner Edelcup
Commissioner Goodman
Commissioner Iglesias
v (Yes)
(Yes)
V (Yes)
V (Yes)
~ (Yes)
(No) AI_ "'_~
(No) ~.
(No)
(No)
(No)
LPA R2001- Transmittal ofComp Plan Amendment to DCA 2
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH AMENDING THE FUTURE LAND
USE ELEMENT OF THE CITY OF SUNNY ISLES BEACH
COMPREHENSIVE PLAN ADOPTED BY ORDINANCE NO.
00-105 TO MODIFY POLICY 11. TO INCLUDE LIMITS ON
PUBLIC LANDS ELIGIBLE FOR TRANSFERS OF
DEVELOPMENT RIGHTS (TDR'S), IDENTIFYING PUBLIC
PURPOSES FOR THE UTILIZATION OF TDR'S, AND
ESTABLISHING LOCATIONS TO WHICH TDR'S MAY BE
TRANSFERRED; AMENDING POLICY 15B. TO CONDITION
THE LIMITATIONS IMPOSED BY COMPREHENSIVE PLAN
LAND USE CATEGORIES AS MODIFIED BY A NEW POLICY
15C; AND ADDING A NEW POLICY 15C. REQUIRING THE
INCLUSION OF THE TDR MECHANISM IN THE LAND
DEVELOPMENT REGULATIONS; ESTABLISHING
PARAMETERS FOR SENDER AND RECEIVER DISTRICTS,
SETTING LIMITS ON INCREASES IN DENSITY IN
RECEIVER DISTRICTS, REQUIRING PUBLIC PURPOSE,
AND PROVIDING MECHANISMS FOR MAINTAINING SUCH
PUBLIC PURPOSE, AND REQUIRING PROCEDURES FOR
APPROVAL AND MONITORING OF TDR'S, PROVIDING
FOR TRANSMITTAL; PROVIDING FOR A REPEALER;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 5, 2000 the City of Sunny Isles Beach adopted its first
Comprehensive Plan pursuant to the provisions of 163.3161, Florida Statutes (2000); and
WHEREAS, in the course of preparing the draft land development Regulations a
discussion ensued relating to the advantages of employing transferable development rights
throughout the City under certain conditions that would require an enlargement of the scope set
forth in Policy 11 and the enactment of anew policy to set forth those conditions and parameters
and require the inclusion of a transferable development right mechanism in the new Land
Development Regulations, and
WHEREAS, the City shall have complied with all requirements of Chapter 163
including a resolution of transmittal by the Local Planning Agency.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS:
Exhibit "A"
Amendment to Comp Plan - Future Land Use
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Section 1.
Future Land Use Element:
The following policies/sections are hereby amended as follows:
Policy 11. The City shall deyelop aDd encourage the transfer of severable use development
rights from lands acquired by municipal government after the date of June 16. 1997 for uses
other than residential or commercial purposes but including public o~en space. parks and
recreational facilities. community facilities. public educational and cultural facilities. and public
utilities to development sites within the Town Center and commercial and resort districts
abutting Collins Avenue to promote the redevelopment and unified planning and design of sites.
mixed uses. and the revitalization of the economic base of Sunny Isles Beach in furtherance of
Policies lA and IB and to prioritize the density increases where practical for the production of
affordable housing.
***********
Policy 158. The Future Land Use Map shall identify all non-residential land as one of the
following non-residential or mixed use categories with the following characteristics and
limitations as set forth Policy 15C:
* * * * *
Policv 15.C The City of Sunny Isles Beach shall adopt innovative Land Development
Regulations which implement the Goals. Obiectives and Policies of the Comprehensive Plan.
Such regulations shall include Transferable Development Rights (TDR) regulations in
accordance with the following standards:
a) Receiver and Sender Districts shall be established. except that receiver
districts shall limited to locations within the Town Center. Mixed Use -
High Density / Resort. Mixed Use - Business. and Neighborhood
Business land use categories.
b) Mechanisms to enhance the value and marketability of TDR's shall be
established such as assigning density bonuses to receiver sites which may
exceed the future land use category density limitations set forth in Policy
15B.
c) In no case. HOWEVER. shall the density or intensity on a receiver site
exceed a thirty (30) percent increase in the maximum permitted by the
land use category limitations set in Policy 15B or the land develo~ment
regulations and in no case shall the resulting density bonus increases on
any given receiver site exceed the number of dwelling units attainable on
the sender site(s) under these plan provisions so as TO assure NO net
increase in city-wide residential dwelling unit Comprehensive Plan
cat>acities occurs.
Amendment to Comp Plan -- Future Land Use
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1O/18/01 --4:29 PM
2
d) The transfer of development rights from ~rivately owned sender sites must
result in the accomplishment of a public purpose that is consistent with the
Comprehensive Plan such as the creation of public Darks. plazas and/or
open space. the conservation of historic. sensitive environmental and
archeological resources. the protection and enhancement of waterfront
public access corridors not otherwise required by the land development
regulations. the erection of ~ublic parking garages to serve the Town
Center or the development of public educational facilities and other
essential public facilities. This limitation shall not apply to government
sites more particularly described in policy Ii above.
e) Sender sites shall be dedicated to public ownership or preserved for public
purpose through a conservation easement or other recordable mechanism.
Taxes on ~rivately owned sender sites shall be paid until such dedication
or recordable mechanism is executed.
..
f) Transfers of development rights from privately owned parcels princi~ally
for the purpose of aggregating development rights in another privately
owned location deemed geographically ~referable or more economically
advantageous than the sender site shall not be construed as public purpose.
g) All transfers of development rights shall reauire approval by the City
Commission at a public hearing with a finding of consistency with the
Comprehensive Plan.
h) The City Manager shall establish a management and accounting system to
value. record. and track TDR's. subiect to approval by the City
Commission.
Section 2.
The City Clerk is hereby directed to make the appropriate transmittals within ten
(10) days after adoption.
Section 3.
This Ordinance shall take effect within ten (10) days after adoption on second
reading.
PASSED AND ADOPTED on first reading the
day of
PASSED AND ADOPTED on second reading this _ day of
,2001.
,2002.
David Samson, Mayor
ATTEST:
Richard Brown-Morilla, City Clerk
Amendment to Comp Plan -- Future Land Use
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3
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
it l4C) P
vI M. Dannheisser, City Attorney
Motion on second reading by:
Second on second reading by:
Vote:
Mayor David Samson
Vice Mayor Daniel Iglesias
Commissioner Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Lila Kauffman
(yes)_
(yes)_
(yes)_
(yes)_
(yes)_
Amendment to Comp Plan -- Future Land Use
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4
(no)_
(no )_
(no)_
(no )_
(no )_
~<\L_ PLANNING AGENCY OF THE
{;C~ Of SU~NY ISLES BEACH
\.NOnCE OF LAND USE CHANGE
..... .,......,... .-.:.<,..........,.,.-.-.._,..
.'.':'"'' ,"'.'. "c........,
n..lbcid .Pt8Jlr\ingAQency (City Commission) of the City of
~JlIles Beac#1, Florida, proposes to adopt and transmit the
~JII8oIution:. "
"-j'<:ti-fI(' ;;;;<\"'
'^~U1"ION OF THE lOCAL PLANNING AGENCY
'OFitHE. crrvOF SUNNY ISLES BEACH, FlORIDA,
~NG.AND RECOMMENDING TO THE CITY
>c:oMMISSI()NOF THE CITY OF SUNNY ISLES BEACH
,.THlSiPAOPOSED. CITY OF SUNNY ISLES BEACH
'.. ~EHENSlVE PLAN AMENDMENT, WHICH
~.'.."I'flE. FUTURE LAND USE ELEMENT OF THE
1;en'VQF'<S\JNNY ISLES BEACH COMPREHENSIVE
:.~'~D BY ORDINANCE NO. 2000-105,
~~ POLICY 11 TO INCLUDE LIMITS' ON
PU8bc . lANDS .. ELIGIBLE FOR TRANSFERS OF
DEVELoPMENT RIGHTS (TOR'S), IDENTIFYING
P\J8l.lC', PlJRP()SES FOR THE UTILIZATION OF TOR'S,
ANI)~~ABLlSHING lOCATIONS TO WHICH TOR'S
MAV'BE~ERRED; AMENDING POLICY 15B TO
COfiH)f1'ION. .THE LIMITATIONS IMPOSED BY
~VE PLAN LAND USE CATEGORIES AS
MQPIFIED B'(A NEW POLICY 15C; AND ADDING A
NEW POlICY 15C REQUIRING THE INCLUSION OF
1'liETDR MECHANISM IN THE LAND DEVELOPMENT
ae~ONS; .., ESTABLISHING PARAMETERS FOR
.S~.ANO RECEIVER DISTRICTS, SETTING LIMITS
<~I~IN DENSITY IN RECEIVER DISTRICTS,
"'''~f-lUBLIC PURPOSE, AND PROVIDING
. . ~~.>.FOR MAINTAINING SUCH PUBLIC
i("f'U~"AND.' REOUIRING PROCEDURES FOR
~ANDMONITORING OF TOR'S, ATTACHED
:'/~AS EXHIBIT "A", FOR CONSIDERATION AND
.l'HE]"~~ TRANSMITTAL TO THE STATE
'~OF COMMUNITY AFFAIRS 'PURSUANT
;:ttli1'HE~IONS OF THE lOCAL GOVERNMENT
.~'COl\.tPREHENSIVE PLANNING AND LAND
.. "OEVEltlPMEf'.fTREGULATION ACT; PROVIDING FOR
:,,~ ~TIVE DATE.
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! A public hearing on the pt'lIpOSId ReIoIuIian wiD be held by the Local
, Planning Agency (City CGmmIssIon) ... TIIursday, 0ctlIber 25, 2OO1.A1i3l1
a.m. in the CommiaIan CIIambers,II City Hall, Suite 250, 17070 Collins Ave,
Sunny Isles Beach. Inquiries regarding this item may be directed to Jorge Vera,
Zoning Director, at 305-947-0606. Copies of this proposed Resolution are
available for public inspection during normal business hours in City Hall.
Richard Brown-Marilla, City Clerk
All persons are invited to appear at this meeting or be represented by an agent, or to
express their views in writing addressed to the City Commission clo the City Clerk,
City ot Sunny Isles Beach, 17070 Collins Aveooe, Suite 250, SUnny Isles Beach,
Florida. 33160. Any person wishing to address the City Commission at a public
hearing is asked to register with the City Clerk by completing a public speakers' card
prior to the item being heard. The hearing on this matter may be continued at this
meeting and under such circumstances, additional legal notice would not be
provided, If a person decides to appeal any decision made by the City Commission
with respect to any matter considered at such meetinQ, they Will need a record 01 the
proceedings and, for such purpose, may need to ensure that a verbatim record 01 the
proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based. This notice does not constitute consent by the City lor
introduction or admission of otherwise inadmissible or irrelevant evidence, nor does
it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with OisabHities Act, all persons who are disabled
and who need special accommodations to participate in this meeting because of that
disability should contact the City Manager at 305-947-0606, no later than 48 hours
prior to the proceedings; if hearinq impaired, please telephone the TOO line at (305)
940-2366 for assistance,
To:
From:
Date:
Re:
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
City Commission
David Samson, Mayor
Norman S. Edelcup, Vice Mayor
Gerry Goodman, Commissioner
Lila Kauffman, Commissioner
Danny Iglesias, Commissioner
(305) 947-0606 City Hall
(305) 947-2150 Building Department
(305) 949-3113 Fax
Christopher J. Russo, City Manager
Lynn M. Dannheisser, City Attorney
Richard Brown-Morilla, City Clerk
MEMORANDUM
City Commission
Lynn M. Dannheisser, City Attorney ~
Jorge Vera, Zoning and Planning Direc~
October 18, 2001
Resolution Transmitting Ordinance Amending Comprehensive Plan Re
Transferable Development Rights
RECOMMENDATION
It is recommended that the City Commission adopt this Resolution Transmitting an Ordinance
amending the Comprehensive Plan regarding transferable development rights.
REASONS
By Ordinance No. 2000-105, the City Commission passed a Comprehensive Plan wherein
transferable development rights ("lDR'S") were addressed in Policy 11 of the Future Land Use
Element portion of the Plan which limited lDR's from municipal government sites to the Town
Center area designation. In addition, after discussion with the Department of Community affairs by
both Jack Luft, the City Manager and the City Attorney's office, it was recommended by DCA that
we amend our Comprehensive plan to adjust the lDR section to allow such transferable
development rights to resort and commercial areas abutting Collins A venue (in addition to the
Town Center) in order to promote redevelopment as well as economic revitalization, to allow
private transfers under certain conditions and further to amend Policy 15C to provide for the basis
for creating in our Land Development Regulations a specific regulation and mechanism for the use
of lDR's which would delineate both the sender and receiving districts providing that the density
and intensity on any given receiver site does not create a thirty (30%) increase in the maximum
pennitted land use category.
This amendment also provides that if private property owners elect to send lDR's to another
private site (receiver site), the sender site will then be dedicated to public ownership or preserved for
Memorandum
October 18, 2001
Page 2
a public purpose. All transferable development rights, 10 any case, however, shall reqwre
Commission approval.
The reason for the rapidity with which this amendment has been submitted to you is because in
accordance with Chapter 163, Florida Statutes (2000), the City may amend its Comprehensive Plan
only twice a year and in order not to affect next year's opportunities, we are trying to secure this
amendment in the last quarter of this year. If this Commission adopts this resolution of transmittal,
DCA has agreed to fast track their approval process so we may avail ourselves of the last of this
year's amendment opportunities.
This amendment was reviewed at last Citizen's Planning Advisory Committee Meeting and our
understanding is that committee is also recommended this resolution be passed by this Commission.
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