HomeMy WebLinkAboutResolution LPA 2004-24
LPA RESOLUTION NO. 2004- ~
A RESOLUTION OF THE LOCAL PLANNING AGENCY OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, RECOMMENDING TO THE CITY
COMMISSION OF SUNNY ISLES BEACH, THE ORDINANCE
AMENDING SECTION 265-23 OF THE LAND DEVELOPMENT
REGULATIONS, RELATING TO TRANSFER OF DEVELOPMENT
RIGHTS; PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR
AMENDMENTS TO THE PROVISION ON TDRs TRANSFERRED FROM
CITY -OWNED SENDER SITES; PROVIDING FOR AMENDED
DEVELOPMENT LIMITATIONS ON TDRs TRANSFERRED FROM
PRIVATELY-OWNED SENDER SITES; PROVIDING FOR A
CLARIFICATION TO THE PROVISION ON TDRs FROM A
PRIVATELY OWNED SENDER SITE TO A PRIVATELY OWNED
RECEIVER SITE; PROVIDING FOR CLARIFICATIONS TO
DEVELOPMENT LIMITATIONS UPON RECEIVING SITES;
PROVIDING FOR AMENDMENTS TO THE REVIEW PROCESS BY
THE CITY COMMISSION AND RECORDING OF DOCUMENTS;
PROVIDING FOR AN AMENDMENT TO THE ZONING IN PROGRESS
PROVISION AND THE TDR BANK PROCEDURES AND LIMITATIONS,
A TT ACHED HERETO AS EXIDBIT "A"; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commissioners, serving as the Local Planning Agency ("LP A"),
conducted a public hearing relating to the Land Development Regulations on December 10, 2002
and adopted the Land Development Regulations by Ordinance No. 2002-165; and
WHEREAS, the City Commission, as the LP A, has reviewed the amendment to Section
165-23, relating to "Transfer of Development Rights" of Ordinance No. 2002-165, adopting the
City's Land Development Regulations, and has determined that this amendment would clarify the
Ordinance; and
WHEREAS, the LP A has determined that it is in the best interest of the City and its
residents to recommend approval of the Ordinance amending Section 265-23 of the Land
Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS:
Section 1. Recommendation: That the Local Planning Agency hereby recommends to the City
Commission of the City of Sunny Isles Beach, the Ordinance amending Section 265-23 of Land
Development Regulations Ordinance No. 2002-165, attached as Exhibit "A," for consideration by
the City Commission pursuant to Chapter 163, of the Florida Statutes.
LPA R2004- Amend Sec 265-23.ofLDRs
Page 1 of2
Section 2.
Effective Date: This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 18th day of November, 2004.
ATTEST:
~eJ2~ a. W~.J-fl
Jane A. Hines, City Clerk \) -
Moved by: G~ IGL~~ lM"
Seconded by: ~~\5Sl0--N~ ~
Vote: 5... 0
Mayor Ede1cup ,/ (Yes) (No)
Vice Mayor Thaler v (Yes) (No)
Commissioner Brezin v (Yes) (No)
Commissioner Goodman 0/ (Yes) (No)
Commissioner Iglesias ./ (Yes) (No)
LPA R2003- Amend Sec 165-23.ofLDRs
2
j&
..;Y
ORDINANCE NO. 2004- 2JB
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION
265-23 OF THE LAND DEVELOPMENT REGULATIONS,
RELATING TO TRANSFER OF DEVELOPMENT RIGHTS;
PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR
AMENDMENTS TO THE PROVISION ON TDRS TRANSFERRED
FROM A CITY OWNED SENDER SITES; PROVIDING FOR
AMENDED DEVELOPMENT LIMITATIONS ON TDRS
TRANSFERRED FROM PRIVATELY-OWNED SENDER SITES;
PROVIDING FOR A CLARH'ICATION TO THE PROVISION ON
TDRS FROM A PRIVATELY OWNED SENDER SITE TO A
PRIVATELY OWNED RECEIVER SITE; PROVIDING FOR
CLARIFICATIONS TO DEVELOPMENT LIMITATIONS UPON
RECEIVING SITES;PROVIDING FOR AMENDMENTS TO THE
REVIEW PROCESS BY THE CITY COMMISSION AND
RECORDING OF DOCUMENTS; PROVIDING FOR AN
AMENDMENT TO THE ZONING IN PROGRESS PROVISION
AND THE TDR BANK PROCEDURES AND LIMITATIONS;
PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City's Transfer of Development Rights Ordinance (the "TDR
Ordinance") describes a relatively novel concept and is a still evolving "work in progress;" and
WHEREAS, as the City continues to be developed, open space, parks and recreational
facilities, and parking for those facilities remains an immediate and pressing need of the City
and that need can be met through this TDR Ordinance.
WHEREAS, complex and creative permutations of the original concept and rationale
for the Ordinance are being suggested at the same time that the language and intent of the TDR
Ordinance are being studied and applied for the first time, and any ambiguities during the
application process shall be resolved in a manner which is in the best interests of the City and
its residents; and
THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AFTER CAREFUL CONSIDERATION, HEREBY ORDAINS AS
FOLLOWS:
Section 1.
Amendment of Section 265-23 of the Land Development Regulations.
Section 265-23 of the City's Land Development Regulations is hereby amended as follows:
Exhibit "A"
02004-218 Amd TORs -- Sec. 265-23
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..
1. 265-23 (1). Purposes and Applicability.
This section is intended to provide for greater flexibility in the pattern of development by
allowing for the transfer of development rights (unused floor area and density) from one parcel
to another where the City Commission determines that (a) such transfers will assist in the
renewal, rehabilitation, and redevelopment of commercial, Town Center and beachfront
property and that (b) preservation and enhancement of open space, natural resources, historical
and archeological resources, preservation of view corridors, concentration of public parking, or
provision of educational or other public purpose objective may be achieved through such shifts
in the development pattern.
2. 265-23 (2). Definitions:
As used in this section, the following terms shall have the meanings indicated:
Administrator: shall mean the Planning and Zoning Administrator.
Bank Statement: shall mean the statement used to record deposits and withdrawals from the
TDR Bank, as herein defined, in accordance with this Section.
Comprehensive Plan: The Comprehensive Plan of the City of Sunny Isles Beach, Florida, as
adopted October, 2000.
LDRs: Land development regulations of the City of Sunny Isles Beach, adopted December
10, 2002, as the same may be amended from time to time, consistent with the Comprehensive
Plan of the City of Sunny Isles Beach.
Receiving Districts: Areas within the corporate boundaries of the City that are permitted to
receive transferable development rights as defined in the City's Comprehensive Plan.
Sending Sites (Sender Sites): Any areas within the corporate boundaries of the City that are
permitted to transfer development rights as permitted by and as set forth herein provided that
such site shall be deemed by the City Commission to be appropriate or advisable for use as
open space, parks, park amenities or recreational facilities or parking for those facilities
(hereinafter individually and collectively referred to as "a park or parks" as the case may be.").
Any site to be used for any purpose other than a park may not be treated as a Sender Site as
defined herein and no transferable development rights may be calculated and transferred
therefrom.
Sever: The removal of a development right from property rights possessed by an owner of real
property. The term connotes a removal or separation, in perpetuity, as distinguished from a
restriction or limitation, which may be overridden, deleted or is subject to a time frame.
Transferable Development Rights: A development right is an appurtenant right of land
ownership that has an economic value separate from the land itself, subject to reasonable
02004-218 Amd TORs -- Sec. 265-23
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regulation by local government under its police power, and that may be transferred from the
land from which the right is severed (Sender Site, also referred to in this Section 265-23 as
"sending site") to another piece of land (Receiver Site, also referred to in this Section 265-23
as "receiving site"). Once severed, if only a portion of the development rights attributable to a
Sender Site is transferred to a receiving site, the remaining development rights may be
deposited in a TDR Bank in accordance with the provisions of this section. Transferable
Development Rights means the maximum floor area ratio (square footage) and density
(dwelling units) exclusive of variances that would be permitted to be transferred by the
property's zoning on the date of the transfer approval which will be calculated and allocated by
a formula developed by the City. These rights are sometimes referred to herein as "TDRs.
3. 265-23.3 Establishment of Sending and Receiving Sites; TDRs Transferred;
Fees.
a. Establishment of Sender Sites. Any property in any zoning district, upon the approval of
the City Commission, in its sole discretion, after a public hearing, may be eligible as a sending
site, subject to the terms, conditions and limitations of this Ordinance.
b. TDRs transferred from City Owned Sender Sites.
Upon the adoption of this Ordinance, the City shall deposit all development rights (in terms of
square footage and dwelling units) from its Sender Sites as they are defined hereunder in the
TDR Bank for distribution and transfer in accordance with all of the procedures and limitations
of this ordinance except the five year limitation set forth in Sec. 23.3 c.(5) below and
specifically as limited by the following:
(D All monies received by the City in connection with the transfer of development
rights from City-owned sites shall be utilized for capital outlays and improvements
only.
(2) In no case shall the transfer of any TDR's from a City Owned Site currently
designated as park sites interfere with the use of those public parks and said parks shall
forever remain as public parks.
(3) TDRs may not be transferred from any parks that existed within the boundaries of
the City on the date of the City's incorporation, provided however, TDRs from
properties acquired by the City subsequent to the date of incorporation and which were
or will be developed and utilized as parks shall be calculated based the underlying
zoning existing at the time of the City's acquisition of said parks, and may be severed
and transferred from those such sites acquired by the City to the TDR Bank for
subsequent sale or use by the City.
02004-218 Amd TDRs -- Sec. 265-23
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c. TDRs Transferred from Privately-Owned Sender Sites.
(1) Application Process for Sender Sites.
Owner of prospective Sender Site shall submit a complete application to the
City Planning & Zoning Administrator. A complete application shall include
but not be limited to: the applicable fee, names, addresses and signatures of all
fee simple owners of the prospective Sender Site (which shall require disclosure
of ownership as more fully set forth in Section 7 (a) of this Ordinance), a
certificate of resolutions and agreements from Miami-Dade County, a current
survey, current environmental audit, a deed conveying good, marketable and
insurable title and a commitment of title insurance, all in a form acceptable to
the City Attorney, and such other materials that staff may reasonably request.
After all required documentation and all required fees have been submitted to
the City in a timely fashion, staff shall review the complete application, prepare
written findings and recommendations, and place the application on the City
Commission agenda for its consideration at a public hearing. The application
shall be subject to the same notice and hearing requirements required by the
LDR's for zoning applications.
(2) Public Hearing.
After a public hearing, the City Commission shall determine, in its sole
discretion, whether the proposed sending site is acceptable for use by the City,
in accordance with the expressed intent of this Ordinance.
(3) Conveyance of Privately Owned Sender Sites to City.
Upon approval by the City Commission the Sender Site shall be conveyed to the
City unencumbered, free and clear of any or all liens and mortgages, after
correction of title defects and outdoor code violations, if any and payment of
any outstanding fines or fees owed to the City, all in a manner and form
acceptable to the City Attorney. All taxes, fees and all other charges, including
but not limited to assessments, on an approved Sender Site shall continue to be
paid by the owner until the date the title is conveyed to the City. After title to
the approved Sender Site has been conveyed to the City in the manner described
in this subsection, the City shall authorize the release of the TDR's and shall
record such release in its records and in the Public Records of Miami-Dade
County, Florida, as set forth herein. No use shall be made of the TDR's from the
approved sending site until documentation evidencing such release of TDR's
has been recorded.
(4) Development Limitations on Privately Owned Sender Sites.
The approved Sender Site shall then remain undeveloped forever except as a
park.
(5) Limitation on use ofTDRs from Approved Sender Sites.
02004-218 Amd TORs n Sec. 265-23
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The owners, successors, heirs or assigns of approved sender site will be
permitted to bank, in accordance with section 265-23.7.2 hereunder, any
Development Rights from the sender site for a five (5) year period from the date
of the City Commission meeting at which the subject site was approved as a
sender site. At the expiration of the five (5) year period, the TDR's from the
approved sender site shall expire and become extinguished and unusable.
d. Establishment of Receiver Sites:
All property within the Town Center, Business District abutting Collins Avenue and the Mixed
Use High Density/Resort zoning districts are herewith established as Receiver Districts.
Receiver Sites (also referred to in this Section 23 as "receiving sites") may be developed as
otherwise permitted by the Land Development Regulations, as may be amended from time to
time, in combination with the development rights available to the site, provided that the overall
density achieved is consistent with, and does not exceed, the overall density and intensity
allowable by the Comprehensive Plan and subject to Section 265.23.5 hereinbelow. If an
approval was granted prior to the adoption of this Ordinance, pursuant to which a permit has
been issued, that site shall not be available as a Receiver Site, unless the prior approval is
revoked or abandoned by the Applicant and a new development order is secured hereunder.
e. Fees.
Application fees for consideration of applications for establishment of Sender Sites and
Receiver Sites and for TDRs shall be established by the City Commission. The applicant shall
be responsible for all applicable application fees. 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.
4. 265-23.4 Calculations.
a. Transferable Development Rights from City owned Sender Sites:
In the case of City owned sites, calculations will be based on the zoning permissible at the time
of incorporation and prior to the City's acquisition of the site for public purposes. The square
footage of a transferable development right for a unit shall be calculated and determined by
dividing the permitted floor area of the sending site by the permitted density on said sending
site. Only whole units may be purchased and transferred to the receiving site. The foregoing,
however, is subject to all limitations set forth herein and in the City's Comprehensive Plan.
b. Cost of Transferable Development Rights from City owned Sites:
1. Appraisal. At the time of approval of the TDRs, the City Commission may consider
the acceptance of the appraised land value for the receiving site as follows: the cost for a
square foot of development right shall be determined by the market value of the Receiver Site
as determined by a current real estate appraisal (updated no more than three months from date
02004-218 Amd TDRs -- Sec. 265-23
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the application is heard at a public hearing) prepared for the City by an appraiser, selected by
the City Manager, but paid for by the owner of the receiving site. The appraisal amount shall
then be divided by the permitted floor area ratio including bonuses on the Receiver Site. Since
the issuance of city-owned TDRs shall be from a TDR Bank, as described herein, the formula
set forth in 265-23.4(a) above shall be applied to the totality of the banked square footage
divided by the allowable density based on the underlying zoning.
2. Non-Refundable Deposit. Approval of Receiving Site shall be subject to payment
of a non-refundable deposit of ten (10%) per cent of cost of City-owned TDRs, which shall be
paid within three (3) days of date of City Commission approval of the application. Failure to
make such deposit within the prescribed time frame shall result in an automatic voiding of the
Commission approval.
c. Transferable Development Rights from a Privately Owned Sender Site; Receipt of
TDRs by a Privately Owned Receiver Site.
1. In the case of privately owned sites, the City shall determine the floor area ratio and
density on the site based on the existing zoning. In cases where a privately owned site of
greater than three (3) acres of frontage along Collins Avenue, in the Town Center, is offered to
the City, for the purposes set forth herein, the City may accept said Sender Site and may
provide to the owner the maximum density of 80 units per acre and a maximum floor area ratio
of 3.75 provided the owner of the Sender Site shall either commit to provide public
improvements in accordance with a design approved by the City Commission or shall fund said
improvements as a condition of and no later than the actual transfer of the TDRs.
Notwithstanding anything to the contrary, the property owner conveying the approved Sender
Site shall have up to five (5) years to utilize such development rights in accordance with
Section 3 c. (5) hereinabove. It is understood that the development rights to be transferred to a
receiving site shall be approved by the City Commission through the site plan approval process
as specified herein and as otherwise provided in this Section 265-23.
2. No Receiver Site, or site plan on that Receiver Site, may be approved by the City
Commission unless a Sender Site has been first been identified and approved by the City
Commission, or the owner of the Receiver Site commits to purchase TDRs from the City in
accordance with Section 265-23.4 above, or the owner of the Receiver Site commits to
purchase TDRs already deposited in the TDR Bank from a privately owned Sender Site. The
formal approval by the City Commission of the transfer of the TDRs whether from a privately
owned Sender Site, City-owned TDRs or TDRs from a privately owned Sender Site, already
deposited in the TDR Bank, shall occur simultaneously with the approval of the Receiver Site's
site plan although the actual transfer may occur later but in no event may a building permit on
the Receiver Site issue until such transfer has actually occurred and been documented as
provided hereinbelow.
d. Cost of Transferable Development Rights Issued by Private Owners From Privately
Owned Sender Sites:
The price of TDRs from approved privately owned Sender Sites shall be determined by the
02004-218 Amd TORs -- Sec. 265-23
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private owners.
5. Section 265-23.5
a. Development Limitations Upon Receiving Sites.
(i) Within the Receiving Districts, development rights shall be limited by a
combination of the underlying zoning regulations, approved bonuses and
allowable development rights transferable to the land in the Receiving Districts.
Notwithstanding anything to the contrary, and in accordance with the
Comprehensive Plan, neither the transferable density or intensity of permitted
uses shall Bet exceed thirty percent (30%) of the maximum residential density
permitted on the Receiver Site 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
capacities. Furthermore, the maximum amount of undeveloped floor area that
may be transferred from a Sender Site to a site within the Receiving District
shall not exceed (30%) of the receiving site based on the base floor area ratio
plus bonuses allowable at the time of the Land Development Regulations in
effect at the time of application.
(ii) Parking and all other requirements of the LDRs shall be required in
accordance with any additional density acquired through the transfer of
development rights. If a property owner of a Receiver Site avails itself of
the parking buy-down provided in Section 265-46A(2) (b), that
calculation shall be made on the base zoning plus bonuses but shall not
include TDRs.
(iii) All TDR's purchased or transferred shall be used within 24 months from
the date of rendition of the authorizing City Commission resolution, or
all such TDR's shall thereafter be fully extinguished and there shall be
no refunds from the City.
(iv) The transfer of development rights to a receiving site will not decrease
required open space, buffers, setbacks or cause a request for variances or
any other adverse impact to surrounding site or increase allowable
height, if applicable.
(v) No property upon which a prior zoning approval was granted may apply
for transferable development rights unless a site plan application is made
for the entire site.
(vi) In no event shall a site plan on a Receiver Site be approved with any
structure exceeding 550 feet in height.
02004-218 Amd TORs -- Sec. 265-23
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6. Section 265-23.6
Land Ineligible for Consideration as Receiving Sites.
No transferable development rights shall be assigned or transferred to any land outside the
Town Center, Business District abutting Collins Avenue and the Mixed Use High Density
resort zoning districts/ or for any land which has received a density or floor area variance.
7. Section 265-23.7
Procedures Pertaining to the Approval of Development Rights For Use on a Potential
Receiving Site.
a. Application. An applicant for the transfer of development rights to a potential
receiving site shall file a complete application with the Planning and Zoning Administrator,
together with a complete site plan application and all requirements contained in Section 265-18
including but not limited to:
i) Every application shall contain, as applicable:
a) the names, addresses and signatures of all fee simple owners of all
properties included in the receiving site. "Fee simple owner," for the purpose of
this requirement, shall be defined as all parties having a financial interest, either
direct or indirect, in the subject matter of the application. Such disclosure shall
include, but not be limited to, disclosure of all natural persons having an
ownership interest, direct or indirect, in all properties involved.
b) the street address, folio number and legal description of each parcel of land
included in the potential receiving site, a description of adjacent lands, including
land uses, densities, circulation systems, public facilities and the impact, if any,
of the requested transfer of development rights.
c) a current certified survey, plans, including but not limited to, a site plan
elevation, landscaping, an area analysis of surrounding properties including but
not limited to street elevations, height of buildings, surrounding floor area ratio
and density and construction schedules;
d) a site conditions map including a three dimensional model of the proposed
development potential (site plan) without TDRs and a separate three
dimensional model showing the development potential utilizing the proposed
transfer of development rights (both models shall be constructed of balsa wood,
foam board, corrugated or like material);
e) status of financing, if applicable; evidence of ownership;
f) amount of consideration, including purchase price of the property, an
executed closing statement, or, an executed copy of the purchase and sale
contract if Applicant is a contract purchaser;
g) a general description of the manner in which the project shall be
constructed, impact if any of the transfer of development right to adjacent
properties, copies of any covenants affecting the receiving site(s); and
02004-218 Amd TORs -- Sec. 265-23
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h) any other agreements required by the Land Development Regulations and
this Section or that may be reasonably requested by the City Manager or other
.. .
revlewmg agencIes.
b. Review and Recommendation by Planning and Zoning Administrator. The Planning
and Zoning Administrator shall review the application and shall forward its written findings of
facts and recommendations to the City Commission together with all site plans.
The application shall be subject to the same notice and hearing requirements applicable to
zoning applications under the Land Development Regulations.
c. Scheduling of Hearing. Prior to the scheduling of a hearing to consider the transfer of
development rights to a Receiver Site, all required documentation and all required fees, as
described in this Section, shall have been submitted to the City in a timely fashion and
reviewed and approved by City staff.
d. Review and Approval by City Commission. The City Commission after reviewing the
application and the written findings and recommendations of the Planning and Zoning
Administrator may, in its sole discretion, approve with modifications or conditions, approve
less than the full amount of requested TDRs, in which case the Applicant shall return to the
City Commission with revised site plan for its further consideration or deny the application for
transfer of development rights.
(i) It is understood that until a transfer of development rights is so approved by
the City Commission, said TDRs have no intrinsic or inherent value and
cannot be considered as a "matter of right" in the valuation of any potential
Sender or Receiver Site. Further, such transfers are subject to all the terms
and limitations of this Ordinance. It is solely the final approval by the
Commission, in its complete discretion, and based on the criteria set forth
herein, that gives rise to any value for TDRs.
(ii) A resolution authorizing the withdrawal and transfer of TDRs from the Bank
must be issued prior to such transfer, but, once adopted, the transfer shall
automatically change the TDR Bank Statement to reflect the approved
transaction subsequent to the mandatory recording of such resolution by the
City in the Official Records of Miami-Dade County, Florida, designed to
both evidence and ensure the severance of said zoning rights from Sender
Site and the accrual and accumulation of those development rights to the
Receiver Sites or deposit of same in the TDR Bank. If the TDRs are
purchased directly from the TDR Bank, the procedures set forth in Section
265-23.8a.(iii) shall be followed. The issuance of a resolution approving such
transfer shall automatically change the TDR Bank Statement.
(iii) The City Commission shall review the application for TDRs based on the
following criteria, provided however that approval of the application, in
whole or in part, is solely within the Commission's discretion:
02004-218 Amd TORs n Sec. 265-23
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a. The project is consistent with the Comprehensive Plan and will not reduce the
levels of service set forth in the plan.
b. The project is consistent with the intent of this Ordinance entitled "Purposes
and Applicability."
c. The project meets all other criteria set forth in the LDRs.
d. The transfer of development rights is desirable on the individual site being
considered for purposes of enhancing overall development.
e. 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.
e. Recording of Documents. Prior to issuance of a building permit, documentation evidencing
the transfer shall be recorded against the titles to both the sending and receiving sites, as may
be applicable, in the Public Records of Miami-Dade County, Florida and an irrevocable
covenant running with the land, which shall include the additional FAR (TDR), required
parking and all other conditions, restrictions, and obligations imposed as conditions of the
approval by the City Commission and the LDRs, shall be recorded against the title to the
receiving site, in the Public Records of Miami-Dade County, Florida. The covenant and all
other documents recorded pursuant to this Section shall include a warning that the approval of
the TDRs shall be extinguished, become null and void and shall be of no further force nor
effect in the event no building permit is issued for the receiving site within twenty-four (24)
months from the date the Resolution is rendered, and shall contain a statement by which the
owner(s) of the Receiver Site shall agree to bind itself, its successors and assigns with regard to
all conditions, restrictions, and obligations contained therein, and, further, shall include a
statement prohibiting any changes, amendments, modifications or releases to the document
without the prior written approval of the City Manager and the City Attorney after approval by
the City Commission at a public hearing. All documents recorded pursuant to this section shall
be in a form acceptable to the City Attorney and shall be recorded at the expense of the
applicant. Copies of documents recorded pursuant to this Section shall be delivered to the
City by the applicant.
f. Zoning in Progress. Notwithstanding Section 2 hereinbelow or any other provision to the
contrary in the Land Development Regulations, all applications for transfers of development
rights shall be subject to all of the terms and provisions of the TDR ordinance in effect at the
time the application is filed.
8. Section 265-23.8
TDR Bank; Establishment of TDR Bank; deposits and withdrawals from TDR Bank;
Limitations;
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(a) TDR Bank. The City Commission may by resolution adopt procedures for the
establishment of a "TDR Bank" (the Bank") which shall be maintained and operated by the
City Manager or its designee for the deposit and withdrawal/purchase by private developers of
development rights and shall be retroactive to all TDR transactions.
(i) A fee shall be established by resolution to be paid by the depositor or purchaser for each
transaction.
(ii) The Bank Statement attached as Exhibit "A" to each City Commission resolution
authorizing the TDR's and the deposit or withdrawal of development rights shall reflect
approved sites and the units of TDR's attributable to each site. The Bank Statement shall be
amended administratively and dated each time transfers are made in accordance with this
Section.
(iii) With respect to a purchase of TDRs from a privately owned, previously approved Sender
Site (as opposed to the portion of City-owned TDRs), a purchaser may withdraw said TDRs
from the TDR Bank pursuant to the original City Commission approval of a Receiver and
Sender Site. The adoption of this withdrawal and transfer resolution may not be withheld by
the City Commission in accordance with this section unless the terms and conditions of the
original approvals have not been met (or otherwise waived) or the City has not received a
written and notarized authorization from the owner of the Sender Site (and seller of all TDRs
severed therefrom) and an indemnification and hold harmless of the City from both seller and
purchaser as to any and all claims that may arise between the private parties as a result of such
transaction. With respect to a purchase ofTDRs from the City, a purchaser may withdraw same
from the TDR Bank pursuant to a City Commission resolution issued by the City Commission
in its sole discretion in accordance with this Section.
b. Time Limitations on Private TDR Transactions.
All development rights from an approved privately owned Sender Sites conveyed to the City
shall be deposited in the TDR Bank as provided in this subsection. Withdrawals ofTDRs from
the Bank must occur no later than five (5) years from the date of the City Commission action
approving the applicable sending site in accordance with Section 265-23.3 (c)(5) hereinabove.
Each depositor at time of initial deposit, shall execute a written waiver of its rights, if any, to
assert any claim to those development rights except as specifically permitted by the terms of
this Ordinance. All requirements of this Section shall be met prior to the actual transfer
(withdrawal) of development rights from the Bank.
Section 2.
Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed
except that this amendment shall not apply to previously approved TDR's which transfers shall
be accomplished in accordance with the terms of the ordinance in effect at the time of said
transfer.
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Section 3.
Severability.
If any provision of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction such provision shall be deemed a separate, district, and
independent provision and such holding shall not affect the validity of the remaining
provlSlons.
Section 4.
Effective Date.
This Ordinance is effective ten (10) days after its adoption on second reading.
PASSED and ADOPTED on first reading the ~day of ~-\-o'oe...v- , 2004.
PASSED and ADOPTED on second reading this l B~ay of -.Nt>Vr..M.6ce:tG 2004.
ATTEST:
~~~
Jane A. Hines, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~
Lynn M. Dannheisser, City Attorney
Moved by: c.o W\ rrvt S < I Q r0~ IGLES I ~
Second by: C DM. YVV.. ~ ~ 10 t0EIC.. ~RZ- 2 J N
VOTE: 5-0
Mayor Norman S. Edelcup
Vice Mayor Gerry Goodman
Commissioner Roslyn Brezin
Commissioner Daniel Iglesias
Commissioner Lewis Thaler
(yes) ~
(yes) -t,...C-
(yes) -tL-
(yes) ~
(yes) ~
(no)_
(no)_
(no)_
(no)_
(no)_
02004-218 Amd TDRs -- Sec. 265-23
12