HomeMy WebLinkAboutResolution LPA 2005-29
LPA RESOLUTION NO. 2005- 29
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 ORDINANCE NO. 2004-218, 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 ~ RECORDING OF DOCUMENTS;
PROVIDING FOR AN AMENDMENT TO THE ZONING IN PROGRESS
PROVISION AND THE TDR BANK PROCEDURES AND LIMITATIONS,
ATTACHED HERETO AS EXHIBIT "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 1 0, 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 Ordinance
Ordinance No. 2004-218, amending Section 265-23, 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 Ordinance No. 2004-218,
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 R2005- Amend Sec 265-23.ofLDRs
Page I of2
Section 2.
Effective Date: This resolution shall take effect immediately upon adoption.
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Et::. w~:.~ City Attorney
Moved by:
Seconded by: C()yY\vn\~~lbl\)Ci:\t. ~f'2J.u
Vote: ~-o
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
v (Yes)
V (Yes)
V (Yes)
v (Yes)
V (Yes)
(No)
(No)
(No)
(No)
(No)
LPA R2003- Amend Sec 165-23.ofLDRs
2
Exhibit" A "
ORDINANCE NO._2005- 2 ~O
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE
NO. 2004-218. 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 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; 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 I.
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:
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1. 265-234 fl).--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, er-provision of educational or other public
purpose objective may be achieved through such shifts in the development
pattern.
2. 265-23.2 ~ Definitions~7
As used in this section, the following terms shall have the meanmgs
indicated:
Administrator: shall mean Ithe Planning and Zoning Administrator.
Bank Statement: shall mean --Ithe 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 Development regulations 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 DistrietsSites (also referred to as "Receiver Sites"): 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 (also referred to as "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
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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 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, all TDRs are technically deemed
deposited in the TDR Bank but thereafter, if only a portion of the
development rights attributable to a Sender Site is transferred to a
RFeceiverffig ,Ssite, the remaining development rights may be remain
deposited in a TDR Bank in accordance with the provisions of this section
Ordinance. 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:.
TDR Bank: The record maintained by the City for the deposit and
withdrawal/purchase of TDRs.
3. 265-23.3 Establishment of Sending Sender and Reeeiving Sites.:t
TDRs Transferred; Fees.
a. a.----Establishment of Sender Sites. Any property in any zomng
district, upon the approval of the City Commission, in its sole
discretion, after a public hearing, may be eligible as a ,Ssending ,Ssite,
subject to the terms, conditions and limitations of this Ordinance~
a.
b.
b. _TDRs Ttransferred from City:-Owned Sender Sites.
Upon the adoption of this Ordinance, the 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
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for distribution and transfer in accordance with all of the procedures
and limitations of this Oerdinance except the five year limitation set
forth in Sec. 23.3 c.(5)Section 265-23.36(cb)(6) below and specifically
as limited by the following:
(1) _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'sTDRs from a City:
QGwned ~8ite 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 on 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.
c. TDRs Transferred from Privately-Owned Sender Sites.
(1) Application Process for Sender Sites.
The
QGwner 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 +-fa1265-23.6+(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
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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.
(1) Establishment ofTDRs
(2) Establishment of TDRs
(a) The City shall determine the floor area ratio and density
on the proposed site based on the existing zoning at the
time the application is filed.
(b) In cases wWhere a privately--owned Sender Ssite with
frontage alO1'lg Collias }..yelRle within the Town Center is
offered to the City as a Ssender Ssite, the City
Commission, in its sole discretion, maywH-l consider
accepting said Ssender Ssite and maymay provide to the
owner the maximum density of 80 units per acre and a
maximum floor area ratio of3.75 provided:
(i) the application of this provision shall not increase the
overall density on any given site in violation of the
terms of the Comprehensive Plan, and
(ii) provided the owner of the Sender Site shall, as a
condition of, and no later thant the actual transfer of
the TDRs, either commit to provide public
improvements in accordance with a design approved
by the City Commission, or, shall fund -sate those
improvements.
ffi(3) Public Hearing.
After a public hearing, the City Commission shall determine, in
its sole discretion, whether the proposed Ssending Ssite is
acceptable for use by the City, in accordance with the
expressed intent of this Ordinance.
ffi(4) Conveyance ofPrivately:-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
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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'sTDRs 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'sTDRs from the approved Ssenderffig Ssite until
documentation evidencing such release of TDR'sTDRs has
been recorded.
f4t(5) Development Limitations on Privately::-Owned Sender Sites.
The approved Sender Site shall then remain undeveloped
forever except as a park.
ffi(6) Limitation on use ofTDRs from Approved Sender Sites.
The owners, successors, heirs or assigns of approved Ssender
Ssite wtH-shall be permitted required to bank, in accordance
with section 265 23.7.2Section 265-23.6fbt-Lhereunder, any
all Transferable De'/elopment Rights TDRs from the Ssender
Ssite. The banked TDRs may be withdrawn only in
compliance with the provisions of this Oerdinance within a
period of no more than fef-a-five (5) year~ period from the
date of the City Commission meeting at which the subject site
was approved as a Ssender Ssite. At the expiration of the five
(5) year period, the TDR'sTDRs from the approved Ssender
Ssite shall expire and become extinguished and unusable.
d. 265.23.4 Establishment of Receiver Sites:.;.
a. Elh?:ible Receiver Ssites.
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 DistrictsSites. 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.~----'J2LhereiflbeloVlherein below. If an
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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.
b. Development Limitations Upon Receivine Sites.
(1 ) Development rights on a RFeceiving Ssite shall be limited by a
combination of the underlying zoning regulations. approved
bonuses and allowable development rights transferable to the
land in the Receiving Sites. Notwithstanding anything to the
contrary. and in accordance with the Comprehensive Plan.
neither the transferable density or intensity of permitted uses
shall oot-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 RFeceiving Ssite shall not exceed thirty
percent (30%) of the base floor area ratio plus bonuses
allowable on the RFeceiving Ssite pursuant to band
De':elopment Regulations the LDRs in effect at the time
application is filed.
(2) 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 o\vner
of a Receiver Site avails itself of the parking buy down
provided in Section 265 16.\(2) (b). that calculation shall be
made on the base zoning plus bonuses but shall not include
TDRs.
(3) All TDRs purchased or transferred shall be used within 24
months from the date of rendition of the authorizinl;!: City
Commission resolution. or all such TDRs shall thereafter be
fully extinguished and there shall be no refunds from the City.
(4) The transfer of development rights to a RFeceiving Ssite shall
not decrease required open space. buffers. setbacks or cause a
request for variances or any other adverse impact to
surrounding sites or any increase to allowable height. if
applicable.
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(5) No property upon which a prior zoning approval was granted
may apply for transferable development rightsTDRs -unless a
site plan application is made for the entire site.
(6) In no event shall a site plan on a Receiver Site be approved
with any structure exceeding 550 feet stories in height.
(7) The foregoing is subiect also to all other requirements of this
Ordinance.
d. Land Inelhdble for Consideration as Receivine Sites.
No transferable development rights TDRs 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.
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 Caleulations.Calculation and Costs.
a. _Transferable Development Rights from City owned Sender
SitestCalculation of Density and Intensitv for TDR Bank Calculation.
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 S,5ending S,5ite
by the permitted density on said S,5ending S,site. This calculation will
yield a square foot per unit constant. Withdrawals from the TDR
Beank shall result in a simultaneous decrease in square footage and
units so that both square footage and density will reach zero at the
same time. Only whole units may be purchased and transferred to the
Rfeceiving S,site. The foregoing, however, is subject to all limitations
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set forth herein and in the City's Comprehensive Plan.
b. _Cost of Transferable Development Rights from City:-06wned
Sites:
{l} _Appraisal.
-::At the time of approval of the TDRs, the City Commission
may-shall consider the acceptance of the appraised land value
for the RFeceiving .s.site as follows: the cost for a square foot
of development right shall be determined by the market value
of the Receivingef Site as determined by a current real estate
appraisal (updated no more than three months from date 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 Rfeceiving .s.site. The appraisal amount shall
then be divided by the permitted floor area ratio including
bonuses on the Receiver Site. Since the issuance of Ceity-
owned TDRs shall be from a TDR Bank, as described herein,
the formula ~set forth in 265 23.1((1) above shall be applied
shall be te-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 (10%) of cost of
City-owned TDRs, which shall be paid within three (3)
working 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 City
Commission approval.
e. Transferable Deyelapment Rights fram a PriYately Owned Sender
Site; Receipt af TDRs by a Privately Owned Receiver Site.
I. In the case of privately o',vned sites, the City shall determine the floor area
ratio and density on the site based on the existing zoning. In cases '.vhere a privately
o'.vned site of greater than three (3) acres of frontage along Collins .'\venue, 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 ov:ner of the
Sender Site shall either commit to pro':ide public impro'/ements in accordance '.vith a
design approved by the City Commission or shall fufld said improyements as a
condition of afld no later than the actual transfer of the TDRs. Notwithstaflding
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anything to the contrary, the property owner conyeying the approyed Sender Site
shall have up to fi';e (5) years to utilize such development rights in aeeordanee with
Section 3 c. (5) hereinaboye. It is lmderstood that the deyelopment 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 othenvise provided in this
Section 265 23.
2. No Recei'.'er 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 aecordance \yith Section 265 23.1 aboye, or the owner of the
Receiver Site commits to purehase TDRs already deposited in the TDR Bank from a
privately oymed Sender Site. The formal appro'ial by the City Commission of the
transfer of the TDRs y:hether from a privately o'.vned Sender Site, City owned TDRs
or TDRs from a pri'iately ovmed Sender Site, already deposited iN the TDR Bank,
shall occur simultaneously with the approval oftae Reeeiver Site's site plan although
the actual transfer may oecur later but in no event may a building permit on the
Receiver Site issue until sl:1ch transfer has aotually oocurred and been dOt1l:1mented as
pro'/ided hereinbelov:.
the. _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 private owners.
5.8eetion 265 23.5
a. De~/elopment Limitations Upon Reeeiving 8ites.
(0 V/ithin the Receiving Distriots, development rights shall be limited by a
combination of the underlying zoning regulatioNs, approved bOfll:lses and
allowable development rights transferable to the land in the Receiving
Districts. Notwithstanding anything to the oontrary, and in accordance with
the Comprehensi'/e Plan, neither the transferable density or intensity of
permitted uses shall NOt exceed thirty percent (30%) of the maximum
residential density permitted on the Receiver Site and in no case shall the
resulting density bonus inoreases ON any given Receiver Site exceed the
number of dv,'elling units attainable on the Sender Site(s) under these plan
provisions so as to assure no net increase in City wide residential dVielling
unit Comprehensiye Plan capacities. Furthermore, the maximum amount of
undeyeloped floor area that may be transferred from a Sender Site to a site
within the Receiving District shall not exoeed (30%) of the recei'/ing site
based on the base floor area ratio plus bonuses allo'.'lable at the time of the
Land Development Regulations in effect at the time of application.
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(ii) Parking a1'ld all other requirements of the LDRs shall be required in
accordance \-vith any additional density acquired through tlle transfer of
development rights. If a property ov;ner of a Receiver Site aT/ails itself of the
parking buy down provided in Section 265 16A(2) (b), that calculation shall
be made on the base zoning plus bonuses but shall not include TDRs.
(iii) ,^,JI TDR's purchased or transferred shall be used '.vithin 21 m01'lths 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 transf-er of development rights to a recelvmg site ,tlill not decrease
required open space, buffers, setbacks or cause a request for variances or any
other adverse impact to surrounding site or increase allO'tvable height, if
applicable.
(v) No property upon \-vhich a prior zoning approyal was granted may apply for
transferable development rights unless a site plan application is made for the
entire site.
(vi) In no eyent shall a site plan on a Receiver Site be approved 't...ith any structure
exceeding 550 feet stories in height.
5.Secti68 265 23.6
Land Ineligible for Consideration as Receiving Sites.
No transferable development rights shall be assigned or transferred to any
land outside the TO'l/ll Center, Business District abutting Collins ^ venue and
the Mixed Use High Density resort zoning districts'! or for any land '?lhich has
received a density or floor area variance.
7. Section 265-23.-1-6S
Procedures Pertaining to the Approval of Development Rights For Use on
a Potential Receiving Site.
a. Application:.-..---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, and
(i) 6f the owner of the Receiver Site commits to purchase TDRs from
the City in accordance with Section 265-23.4(b) above, or (ii) 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
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whether from 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 mav occur later. but in no event may a
building permit on the Receiver Site be issued issHe-until such transfer
has actually occurred and been documented as provided herein below.
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:
il) 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
Rreceiving S,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;
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-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 Rfeceiving S,site(s); and
h)_ any other agreements required by the baft6
Development RegulationsLDRs and this Section or that
may be reasonably requested by the City Manager or
other reviewing agencies.
b. Review and Reeammendation by Planning and Zaning
Administrator. The Planning and Zoning Administrator shall review
the application and shall forward its 'Nritten findings of facts and
recommendations iLto 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 "vritten findings and
recommendations of the Planning and Zoning .'\dministrator 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.
tB.c..ll-.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
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limitations of this Ordinance. It is solely the final approval by
the City Commission, in its complete discretion, and based on
the criteria set forth herein, that gives rise to any value for
TDRs.
W.Q.LA resolution authorizing the withdrawal and transfer of TDRs
from the TDR 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)7(a)(2) 6(a)3 shall be followed. The issuance of a
resolution approving such transfer shall automatically change
the TDR Bank Statement.
{fi*)Th The City Commission shall review the application for
TDRs based on the f-ollO\vingthe following criteria, provided
however that approval of the application, in whole or in part, is
solely within the City Commission's discretion:
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 Rfeceiver Ssite 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
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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
Rfeceiving ~site, -in the Public Records of Miami-Dade County,
Florida. The covenant and all other documents recorded pursuant to
this Section 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
Rfeceiving ~site within twenty-four (24) months from the date the
Resolution 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. Notwithstanding the foregoing, with
respect to bank calculations, unless a site plan has already received
Commission approval. all applications (even if filed) shall be subiect
to the methods of calculating TDRs described in this amendment
(5/13/05) after first reading of said amendment.-;-
8. Section 265-23.768_
TDR Bank; Establishment of TDR Bank; Ddeposits and Wwithdrawals
from TDR Bank; Limitations;
ta~ 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
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developers of development rights and shall be retroactive to all TDR
transactions.
Uti) A fee shall be established by resolution to be paid by the
depositor or purchaser for each transaction.
(2H) _The TDR Bank Statement attached as Exhibit "A" to each City
Commission resolution authorizing the TDR'sTDRs and the
deposit or withdrawal of development rights -shall reflect
approved sites and the units ofTDR'sTDRs attributable to each
site. The TDR Bank Statement shall be amended
administratively and dated each time transfers are made in
accordance with this Sectionsection.
Uffi) 'Nith respect to a purchase of TDRs from a privately o\vned,
previously approved Sender Site (as opposed to the portion of
City ov,'ned TDRs), a A purchaser may withdraw said- TDRs
from the-a private TDR Bank pursuant to the original City
Commission approval of a Receiver and Sender Site. The
adoption of this withdrawal and transfer resolution is
ministerial and 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 of TDRs
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 of TDRs from the TDR 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)(~Q.) 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 TD R Bank.
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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'sTDRs which
transfers shall be accomplished in accordance with the terms of the ordinance in effect at the
time of said transfer.
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
proVIsIOns.
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 m)4Y ,2005.
PASSED and ADOPTED on second reading this rday of ~Ul\) f. ,2005.
/
. . .
I
" ATTEst:
. >
:cS~lA :~
Jane A. H~nes, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~~.Jr~'
Enca N. Wright, Acti g CIty Attorney
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Moved by: ~!.~ ~ tAe. IGL K, itS'
Second by: V\~ t... W\~OV" -rH-A-L.~1L.
VOTE: S-O
Mayor Norman S. Edelcup
Vice Mayor Lewis Thaler
Commissioner Roslyn Brezin
Commissioner Gerry Goodman
Commissioner Daniel Iglesias
(yes) --l.L. (no)_
(yes)~ (no)~
(yes) v (no)_
(yes) Z/ (no)_
(yes)~ (no)_
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TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin. Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Christopher J. Russo, City Manager
Erica N. Wright, Acting City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable City Commission
Shelley Eichner, Planner~
June 9, 2005
Amendment to TDR Ordinance
Summary:
At first reading of this ordinance, there was an amendment to Section 265-23.3c(2)(b), to refer to
a privately-owned sender site within Town Center.. ...instead of "a privately-owned sender site
with frontage along Collins Avenue." This amendment is consistent with the provisions of the
City's Comprehensive Plan.
Recommendation:
It is recommended that the City Commission approve the attached Ordinance.
Reasons:
The purpose for transfers of development rights as provided for in the City's Comprehensive and
Zoning Code is to provide for greater flexibility in the pattern of development by allowing for the
transfer of development rights from one parcel to another. A key element of the concept is that
there is no increase in the overall permitted level of development within the City.
When a private sender site is established, the amount of density (units) and intensity (square footage)
deposited into the TDR bank is based on the maximum permitted level of development for that
particular piece of property. As withdrawals are made from the bank, there must be a simultaneous
concurrent deduction in density and intensity in order for both measures to reach zero at the same
time. In order to provide a "constant" to the calculation, the square footage allowed on the sender
site is divided by the number of units permitted on the same sender site which yields a square
footage per unit value which is then used to determine the appropriate density and intensity
deductions from the bank.
There may be situations when a recelvmg site needs units but not square footage. However,
deductions must be ~'Uade to both the unit and square footage amounts from the TDR bank. The
reason for the simultaneous concurrent deduction is that if only the units were deducted and the
Agenda Item
Page 1 of 3 Comm. Memo Amend. To TDR Ord.
Date
square footage remained unchanged, there would be square footage development rights remaining in
the bank despite the fact that the units were deducted. Conversely, if square footage was deducted
from the bank and not the equivalent number of units, there would be excess units remaining in the
bank. The original permitted level of development on a sending site is a combination of units within
a set amount of square footage not a cumulative amount of units AND square footage. Therefore,
all deductions from the bank must be based on the "constant" (square feet per unit)
When the City Commissi,on approved the Casino property as a sender site, the amount of
development rights was based on an FAR of 3.75 and a density of 80 units per acre. Based on the
size of the property, the yield was 566,737 square feet and 277 dwelling units which yields a
"constant" of 2,045 square feet per unit. Therefore, for every 2,045 square feet purchased from the
bank, one dwelling unit would also be deducted. Conversely, for every dwelling unit purchased
from the bank, 2,045 square feet would be deducted.
Several requests for transfers have already been made and the actual reductions in the bank were
based on what was requested and not based on the need for the concurrent, simultaneous decrease
in intensity and density.
Resolution No. 2004-698 authorized the transfer of 65 dwelling units and 108,483 square feet from
the TDR bank to Desert Inn Beach & Tennis Club Association Inc. In order to ensure that the
deductions in the bank are concurrent and simultaneous, the square footage equivalent to 65
dwelling units is 132,925 square feet (65 x 2,045).
Resolution 2004-740 authorized the transfer of 54 dwelling units and 92,103 square feet from the
TRD bank to Royal Development Hol<Lngs LLC. In order to ensure that the deductions from the
bank of concurrent and simultaneous, the square footage equivalent of 54 dwelling units is 110,430
square feet (54 x 2045).
Finally, Fortune Ocean il.LP is currently requesting the transfer of 59 dwelling units and 129,216
square feet for the Jade Beach II project. In order to ensure that the deductions in the bank are
concurrent and simultaneous, the square footage equivalent of 59 dwelling units is 120,655 square
feet (59 x 2,045). However, in this case, the applicant needs more square footage that the equivalent
number of units. Therefore, in order to transfer 129,216 square feet, the concurrent reduction in the
number of dwelling units from the must be 63 (129,216/2,045).
As can be seen from the three different applications received to date, in some cases there is more
density needed than intensity (Desert Inll and Royal Development) and in some cases more intensity
is needed than density Qade II). However, in order ensure that no more development rights are
created than what was originally established from the sender site, it is critical that the concurrent and
simultaneous reductions occur on both the density and intensity side of the equation.
An example of the computation is attached to this memo as attachment A.
Attachment
When the City Commission approved the Property A as a sender site, the amount of development
rights was based on an FAR of 3.5 and a density of 60 units per acre. Based on the size of the
property, the yield WJS 609,840 square feet and 240 dwelling units which yields a "constant" of 2,541
square feet per unit. Therefore, for every 2,541 square feet purchased from the bank, one dwelling
unit would also be deducted. Conversely, for every dwelling unit purchased from the bank, 2,541
square feet would be deducted.
Applicant No.1 requests the transfer of 72 dwelling units and 133,000 square feet from the TDR
bank. In order to ensure that the deductions in the bank are concurrent and simultaneous, the
square footage equivalent to 72 dwelling units is 182,952 square feet (72 x 2,541). Although only
133,000 square feet is requested, 182,952 must be deducted from the bank.
Applicant No.2 requests the transfer of 112 dwelling units and 230, 00 square feet from the TDR
bank. In order to ensure that the deductions from the bank of concurrent and simultaneous, the
square footage equivalent of 112 dwelling units is 284,592 square feet (112 x 2,541).
Applicant No.3 requests the transfer of 38 dwelling units and 142,296 square feet. In order to
ensure that the deductions in the bank are concurrent and simultaneous, the square footage
equivalent of 38 dv'elling units is 96,558 square feet (38 x 2,541). However, in this case, the
applicant needs more square footage that the equivalent number of units. Therefore, in order to
transfer 142,296 square feet, the concurrent reduction in the number of dwelling units from the
must be 56 (142,296/2,541).
Square Feet Units Sq. Ft. per unit
Sender Site 609,840 240 2,541
Applicant No. 1 182,952 72 2,541
Balance 426,888 168
Applicant No.2 284,592 112 2,541
Balance 142,296 56
Applicant No.3 142,296 56 2,541
Balance 0 0
Attachment A
Summary Minutes: Regular City Commission Meeting May 12,2005
City of Sunny Isles Beach, Florida
5D. Add-On:
Proclamation to City Attorney Dannheisser.
Action: Mayor Edelcup announced that City Attorney Dannheisser is leaving the City to go
into the private sector, and presented her with a Proclamation proclaiming May 12,2005 as
"City Attorney Lynn M. Dannheisser Day". Mayor Edelcup also presented to her, on behalf
of the City Commission, an engraved glass fruit bowl.
6. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
None
7. ORDINANCES FOR FIRST READING
~
~ An Ordinance ofthe City Commission of~he City of Sunny Isles Beach, Florida, Amending
L/ Ordinance No. 2004-218, 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; Providing for a Repealer; Providing for Severability;
Providing for an Effective Date.
Action: [City Clerk's Note: Afinal revised copy of the Ordinance was distributed prior to the
meeting] City Clerk Hines read the title and Planner Shelley Eichner reported noting that a
key element in this concept is that there is no increase in the overall level of development
within the City, so what you have in one place you move to another but you never increase
the density. She also noted that the actual transaction may take place later on in a ministerial
form of a resolution because the action is already done.
Public Speakers: Judith Burke, Esq.
Judith Burke, Esq., representing the Fortune Companies, asked for deferral as she just found
out about this item, and it may have an adverse effect on her client's property. She said that
Fortune purchased 124,991 TDRs from the Casino Site in July 2004, and plans to assign those
TDRs in the future to the developer of an acceptable receiving site. She noted that in a
meeting this week with City Manager Russo, he had advised her that the TDR Bank for the
Casino Property reflects that 61 dwelling units are designated for the 124, 991 square feet and
that any amendment to the TDR Ordinance will not reduce that amount. She said that they
intend to list the number of units associated with the square footage in their contract to
convey these TDRs and want to ensure that that number of units are available.
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Summary Minutes: Regular City Commission Meeting May 12, 2005
City of Sunny Isles Beach, Florida
Mayor Edelcup said he does not feel it needs to be deferred because the amendments as he
understands them protects Ms. Burke's calculations when the Casino Property was granted
TDRs, she was given the total that comes out to 2,045 square feet per unit, and as to her
portion of that TDR Bank, which he understands is in two parts, will be protected. He said he
spoke with City Manager Russo and Planning and Zoning Administrator Jorge Vera and they
were all in concurrence that Ms. Burke does not have a problem, so he would like to move
forward with this Ordinance. Ms. Burke said as long as she has Mayor Edelcup's assurance,
they will support this amendment to the Ordinance.
Planning and Zoning Vera said that the Bank has 236,945 square feet and 99 units and he
does not take into account who is in the Bank and who owns what, and he does not subdivide
that Bank any further and that is one of the reasons he would defer this item. Mayor Edelcup
said he is not going to suggest deferral tonight because he has assured the attorney that is
representing Fortune that their share will be calculated as it was given to them, they did not
sell any oftheir units, they have all of what they started with and they, therefore, have to wind
up as an uninjured party and, therefore, will get 2,045 per unit. He said if there is a
deficiency, the deficiency is going to have to lie with the party who has already sold some of
those units and he is therefore stating that we can move forward with this and there is no
reason to defer it. He said that he believes that there is an understanding that both segments
of that one bank can be treated separate from each other which they should be.
City Attorney Dannheisser said that Mayor Edelcup is saying two different things and we
need clarification and asked Shelley Eichner to discuss that. Ms. Eichner said that the second
page of the memo states that while the original constant for the Casino Property was 2,045
square feet and in the first three transfers that have already been done out of the Casino Bank
regardless ofthe individuals, they were done using the same methodology that the City used,
and so therefore at this juncture, what is technically left in the overall Casino Bank is 2,393
square feet per unit because the calculations that have come out ofthe Bank already were not
decreased simultaneously using the constant. She said that it is her understanding that the
Bank as established is the Casino Bank, don't have separate banks for different owners.
Mayor Edelcup said that we will be preparing an amendment to treat multiple owners with an
administrative Ordinance that would correct this problem because when there are two or more
owners, we are going to have to treat each owner separate and distinct whether we treated it
originally as one piece of property, if there are more than one owner, for this City to keep
proper track of who is entitled to what. He said it has to be divided into segments or sub-
accounts to that one Bank and that is the only way that this is going to work, and if we have to
start from the premise that we start it with a total amount of square feet, a total amount of
units, when you divide one by the other you get a constant which is the way the City applies
it, that is the way it should have been applied on the three or four transactions that occurred, it
wasn't done that way, it didn't affect this party's half of that Bank and this party therefore
should not be injured by it and ifthe other half ofthat Bank has a residual left it has whatever
it has and that is what they have left to sell, but as to the other half, it stays at 2,045 ifthat is
the correct calculation of the numbers.
Mayor Edelcup eXplained that we are starting with a simple fact and because three or four
calculations in the interim did not follow the set pattern, we got into an imbalance between
units and square footage as it pertained to one owner of these TDRs who happens to own a
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Summary Minutes: Regular City Commission Meeting May 12, 2005
City of Sunny Isles Beach, Florida
50% interest in the total of a pot. He said the other party to this has not been a seller,
therefore that half of that pot should not be adversely affected because there was a
miscalculation done in the first half of that pot, and whatever needs to be done to make that
outcome be true is what needs to be done to correct that, but it doesn't effect all transactions
occurring in the future and what we are trying to correct is one instance here that has nothing
to do with this entire TDR Ordinance as it effects all future ones.
City Manager Russo said that if you take the fact that what is left in the Casino total Bank is
236,945 square feet and 99 units, and Mayor Edelcup said yes, that 61 of those units and
124,991 square feet belong to Fortune and the difference belongs to the other person.
Commissioner Iglesias said that he agrees with the Mayor except that he did not agree with
the word simultaneously what we need to make sure that at the end ofthe day that everything
balances out to zero because we don't want to create any more density and we don't want to
create any more FAR which is mass. Vice Mayor Thaler said that there were some errors
made and what we are trying to do is to correct those mistakes/miscalculations that were
made, and Mayor Edelcup said that those miscalculations belong to that selling entity and not
somebody else.
Shelley Eichner said that in some cases, the way it is written now, while an applicant might
need only 60 units but because he needs more FAR he may have to take 65 units so that it is a
comparable based on the constant. Mayor Edelcup said that this basically says that if! have
this piece of property and it were divided into 100 units then all the area of this piece of
property is prorated amongst each of those 100 units and every time I want to either take a
unit or the ratable amount of square feet I have to take that piece off and I can't take the units
off from the 100 and leave all the square footage, I have to take the amount of one unit and
the square foot that went with that one unit, and if that means that there is less units built in
this City so be it, we will control some of the growth from occurring in this City, we won't
have to maximize every single square foot and every single unit into a reality, we will have no
greater than that, but we could wind up with less then that and that is the intent of this whole
Ordinance. Commissioner Iglesias said that he does have a problem with that because you
are not going to get that because developers are not going to leave anything on the table. He
said what you are going to wind up with is: I) from now on they are going to recalculate
what they need exactly because they are not going to give up density; 2) they may give us an
inferior product; and 3) ifthey can't use it, they may think whether they are going to do TDRs
or not and maybe just develop on that site. Mayor Edelcup said that he believes that the
developers can live with this and if we are trying to control the growth in this City we can
mandate it, and that the TDRs were a gift that this City created that developers didn't have
before and they are very happy that they have got them, and ifthere are conditions, then he is
sure they are willing to accept the conditions because something is better then nothing.
Shelley Eichner said that she needs clarity, in the first three transactions, that constant was not
used, so where we are at today in terms of the Casino Bank or the numbers that the City
Manager mentioned, in terms ofthe 236,945 square feet and the 99 units, that is what is in the
Bank, not the individual accounts, it was her understanding that we had established one Bank,
they have to have separate account holders but for the City's accounting purposes it is one
number, bearing that in mind, she wants to clearly understand what the Commission's
intentions are in respect to Ms. Burke's client. Mayor Edelcup said we are going right back
to what City Manager Russo said, we can determine that there is still enough in that particular
5
Summary Minutes: Regular City Commission Meeting May 12, 2005
City of Sunny Isles Beach, Florida
bank to set up this sub-account for this particular owner for the total amount of square footage
and units that they originally bought and that will be for sake of argument sub-bank A, and in
sub-bank B which is the other partner to their venture will be the remainder of whatever that
is at this point because ofthe miscalculations and they will have whatever square footage that
they did not sell for their half and they will have whatever units they did not sell in their half
remaining. City Attorney Dannheisser said that we are not talking anymore about
transactions that have occurred we are now talking about TDRs that are in the Banks now,
and Mayor Edelcup said we are only dealing with one Bank that has an error in it and we are
trying to correct that error, all the future banks won't have the error if we pass this ordinance.
Shelley Eichner said that the calculations that were previously done, was a different
methodology and we have made the recommendation that the private-to-private calculation
methodology be the same as the public-to-private. She said if we look at the numbers right
now, we subdivide the Casino Bank into Fortune and the other, Fortune would get 124,991
square feet and 61 units and that would leave a balance on the B-part of the Bank, 111,954
square feet and 38 units and that constant would be 2,946 square feet per unit. City Attorney~
Dannheisser said to attach the summary minutes of this meeting to this Ordinance, so that
whoever is left with this who is not here to deal with it will understand that they got 38 units
and the 111,991. She said that the way the Ordinance reads right now, will not yield the
results that the Mayor is saying, so we have to attach the minutes by way of explanation.
Mayor Edelcup agreed and noted that the concept does work and Shelley Eichner said yes the
concept works.
Commissioner Brezin noted then that it is understood that Ms. Burke would in no way be
effected by them passing this Ordinance as this is going to deal with future and not with
something that has already been established and been accepted for Fortune, and Ms. Burke
said yes they are completely satisfied. Mayor Edelcup said what we are establishing is a
uniform methodology for the future. Vice Mayor Thaler noted on page 5 of the Ordinance
under (2) (b) should be changed, and Shelley Eichner said yes it should say: "In cases where
a privately-owned site within Town Center....". City Attorney Dannheisser said where it says
the word "site", for clarification purposes, please insert "Sender Site".
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the
proposal on first reading, as amended. The motion was approved by a roll call vote of 4-
1 [Commissioner Iglesias against] in favor. Second reading, public hearing will be held
on Thursday, June 9, 2005, at 7:30 p.m.
Vote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Iglesias no
Vice Mayor Thaler yes
Mayor Edelcup yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
6