Loading...
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. " ~ ~ ~ -' .., ... .." ...... ~ ~ :~ \ ':' , ,.. \ "'- ,.,. '" ',"AJ"I!E~T: .., ',", :/ . t:~~ ~,/.~\ f . ) ~ <;~. r) ~a-4.'.Ji.\. ,~ . ~ ~an~',A. Hlpes, 9itY Clerk t... ,', ... ~.1 '~<. '~ :} :. ":~:" ,j . ~ . . l 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: 02004 218 Ama TORs See. 265 23U:\Citv Clerk\Ordinances\Orafts\Draft 02005- TOR Amend 02004-218 Marked 2nd Rdg.docU:\.^.TTORNEY\:\~;signments\2Q05\.\05 Revisions to Ordiaanee No 2004 218 (TOR Ordinaneel\w02 TORameRdedoraiRianee ehanges 5 9 05 Shelley.doeC:\Oeel:lR1ents aRa Settiags\saellev\Loeal SettiRes\Temporary latemet Files\OLK98\wQ2 TDRamendedorainianee eaaages 5 9 05.doeU:\,^.TTORNEY\f.ssieaments\2Q05\:\05 Revisions to Ordinanee No 2004 21 g (TOR Ordinaflee)\m02 TDR-amendeaerdinianee eflafleeS ENW 5 5 05.doeC:\Ooctlmeflts and Settings\Home I \My Doel:llneflts\Saelle'l.I.TORamendedordinianee cflanges.doe 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 02001 218 Amd TDRs See. 265 23U:\City Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 2 2nd Rdg.docU:\..^.TTORNEY\,\ssignmeRts\2005\A05 ReyisieRS to Orainance No 2001 218 (TDR OraiRancel\w02 TDRameRdedordiniance ehang:es 5 9 05 Shelley.docC:\DecHments afld SettiRcs\shelley\Local Setting:s\TeffitlefafY Internet Fi1es\OLK98\w02 TDRameRaeaerainiance changes 5 905.aeeU:\..^.TTORNEYV.ssiemnents\2005\A05 Reyisiofls to Ordinance Ne 2001 218 (TDR Oraiflaflce)\w02 TDRamenaedordiniance changes EN'.V 5 5 05.docC:\DocUlfleflts and Settin~s\Heme I \M'I Decuments\Shelle,'\TDRameRdedordiRianee eaanges.doc 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 02001218 Ama TDRs See. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 3 2nd Rdg.docU:'u^. TTORNEY\Assilntments'2005Iu^.05 Revisions te Ordinance No 2001 218 (TDR OrdiaaHee)\.,.,02 TDRamendedofdiaiaaee changes 5 9 05 Sbellev.docC:\Documents and Settings\shellev\Loeal Settines\Temoorarv Internet Files\OLK98\w02 TDRamenaedortiinianee changes 5 905.60CU:\f.TTORNEY\Assignmeflts\2005Iu\05 Rc';isions 10 Or.ainance No 2001 218 (TDR Ordinanee)\w02 TDRameHdeaerdinianee ehanges EN'^, 5 5 05.decC:\Docl:lmenls and Settings\Heme 1 \My Docml'ltJflts\8bellev\TDRameadederdini'aaee ekanges.doc 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 02004 218 Amd TORs Sec. 265 23U:\Citv Clerk\Ordinances\Orafts\Oraft 02005- TOR Amend 02004-218 Marked 4 2nd Rdg.docU:\;\TTORrlEY\.^.ssignments\2005V.05 Re'iisiefls to Ordinance No 2004 218 (TOR Ordinance)\w02 TORameflaedor<liniance ehall.l!:es 5 9 05 8heIley.e8cC:\Oeeanlents ana Settings\shelley\Local Settinl!:s\Temporary Intemet fiJes\OLK98\w02 TORamenaeeeTeiniaHCe eRanl!:eS 5 9 05.eecU:\f.TTOR~EY\.^.ssigRments\2005\u\05 Revisions to Ordinance 1'10 2004 218 (TOR Ordinaneel\w02 TORameAeedordinianee changes EN'^' 55 05.doeC:\Ooeuments ana Settings\Home I \1\4 v Oocuments\8heIlev\ TORamendedordinianee changes.doc 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 02001 218 .^.me TORs See. 265 23U :\Citv Clerk\Ordinances\Orafts\Oraft 02005- TOR Amend 02004-218 Marked 5 2nd Rdg.docU:\ATTORNEY\.^,ssi~nments\2005\u^,05 Revisions to Ordinanee No 2001218 (TOR Ordinanee)\w02 TORamensedoreinianee eHam:es 5 9 05 SHellev,doeC:\Ooel:Jments aRe SettiH~s\sHelley\Laeal Settifll~s\TemporarY Internet Files\OLK98\w02 TORameRdedordinianee CHangeS 5 9 05.aocU:\.^,TTORNBY\f,ssignments\2005\u\05 Revisions to Ordinam1e No 2001 218 (TOR OrdiRlffiee)\v..02 TDRamenseaarsiRiance changes ENW 5 5 05.6acC:\Docl:lments aHa Set:tings\Home I \J,h' Doeumems\Shelley\TDRamendedordiniance changes.doe 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 02001 218 i\md TDRs Seo. 265 23U :\Citv Clerk\Ordinances\Drafts\Dratl 02005- TDR Amend 02004-218 Marked 6 2nd Rdg.docU:\!.TTORNEY\,^.ssignments\2005\f.05 Revisions to Ordiaallee tIe 2004 218 (TDR OrdiaaRee)\w02 TDRameRdedordinianoe ohanges 5 9 05 Shelley.docC:\DocUluents aad SettiRcs\shellc\'\Local 8cttillcs\Temporarv Internet Files\OLK98\w02 TDRameRdedordinianoe changes 5 9 05.docU :'u\ TTOR,....mY\1\ssigameflts\2005\,^.05 Revisions to Ordinance No 2004 218 (TDR Ordinlince)\w02 TDRamelldedordiniance changes EN'}.' 5 5 05.docC:\Doeumeats and Settifllw\Home I \Mv Deel:lments\Shellev\TDRamelldederdiBililloe CAallii:es.doc 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. 020Q4 218 }'.me TDRs See. 285 23U:\City Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 7 2nd Rdg.docU:\.^.TTORNEY\,^.ssi&nments\20Q5\,^.(J5 Revisions to Ordiaanee Ne 2QQ4 218 (TDR OrdiaBneel\w02 TDRamendedordiniaFlee cflanges 5 9 05 8helley.docC:\Doeuments BRd Settine:s\shelley\Local Settingr,\Temoorary Internet Files\OLK98\w02 TDRamendedordiniance el'langes 5 9 05.doeU :\.\. TTOR.-"mY\.\.ssignn'lents\2005\u^.05 Revisions te OraiflaFlee No 2004 218 (TDR Ordinaflee)\",..02 TDRameflde6enliflianee 6BaflgeS HIV.' 5 5 05.docC:\Documents and Settine:s\Home I \-1\1 'I' Doeuments\SBelle'Y'\TDRamefldedordinianee ehane:es.doc (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 02004218 ,h.md TDRs See. 285 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 8 2nd Rdg.docU:\u\ TTORNEY\/.ssignmefltr,\2005\f.05 Re'iisions to Ordinance No 2001 218 (TDR Ordinancel\w02 TDRamendedordiniance olianges 5 9 05 Shellev.docC:\DocumentG and Settings\shelley\Local Settings\Teffi\'lOrary IHtemar Files\OLK98\w02 TDRamendedordiniaHce ohanges 5 9 05.docU:\,'\ TTORNEY\f.ssigHments\2005\.^.05 Re'/isions to OrdiHanee No 2001 218 (TDR Ordinancel\w02 TDRamendedordiniance elianges ENW 5 5 05.docC:\Doel:lments and Settings\Home 1 \My Documents\Sllallay\TDRameneeeoreiniallee changes.doc 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 02001 21& Amd TDRs Sec. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 9 2nd Rdg.docU:'u\TTORNEY\.^.ssicnmeRts\2005\.^.05 RevisioFlS to Ordinance No 2001 218 (TDR Ordinanee)\w02 TDRamendcdordiniance chances 5 9 05 SheIley.doeC:\Docl:lments and Settinl::s\shelley\Local SettiRgs\Temporary Intern"t Files\OLK98'm02 TDRamendedordiniance changes 5 9 05.docU:\.^.TTORNBY\.^.ssigRlT-lents\20Q5\.^.05 Revisions to Ordinance No 2001 218 (TDR OrdinaRce)\w02 TDRamendedordiniance chances EN'^' 5 5 05.deeC:\Documents and Settings\Home 1 \My DOCl:unents\Shelley\TDRamendedordiniance changes.doc 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. 02004 218 Amd TDRs See. 265 23U :\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 10 2nd Rdg.docU :'u\ TTORNEY'u^.ssignments\2005t\05 Revisions te Ordiflaflee No 2004 21 g (TDR Ordinancel\w02 TDRamenaedordiniance changes 5 9 05 8helley.doeC:\Documents and 8ettings\shelley\Local 8ettines\TemaerefY Internet Files\OLK98\w02 TDRamendedorainiaflee changes 5 905.docU:'u\ITOR.'\IEYV.ssienmentG\20Q5'u\,05 Revisions to OrdiaBnee No 2004 218 (TDR OrdinBnee)\w02 TDRamendedordiniBnce elumees El'PN 5 5 05.doeC:\Doel:lments and 8ettines\Home 1 \M y DoeHn~eflts\8flelley\TDRamendedordiniBnce changes.doc (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 0200~ 218 Amd TORs See. 265 23U:\Citv Clerk\Ordinances\Orafts\Oraft 02005- TOR Amend 02004-218 Marked II 2nd Rd~.docU:\ATTORNEY'u^.ssignments\2005\j\05 ReyisioHS to OrdinaHee Ne 200~ 218 (TOR Ordinanee)\Y/02 TORamenaedordinianee changes 5 9 05 Snelley.docC:\OocHm8nts aaa Settinl?s\snelley\Loeal Settiae:s\Temporarv Internet Files\OLK98\w02 TORameadedordinianee enaages 5 905.doeU:'u\TTORNEY'u^.ssigHmeRts\2005\:\05 Reyisions to Orainaase No 200~ 218 (TOR Ordinance)lm02 TDRamendedordinianee ehanges EN'.\' 5 5 05.docC:\DoeHments and Settings\Home I \My Oocumeflts\Snelley\TORamendedordiniance changes. doc 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; 02004 21 & Arna TO~ See. 265 23U :\Citv Clerk\Ordinances\Orafts\Oraft 02005- TOR Amend 02004-218 Marked 12 2nd Rdf?:.docU:\.^.TTORNEY\.^.ssignments\2005\.\05 Revisi8ns t8 Ordinance No 200421& (TOR Orsinaftcel\\v02 TDRamendedordinianee ehances 5 9 05 8heIley.docC:\D8cHn1ents and 8ettiaes\sheIlev\Local 8ettiag:s\Temporary Inte,rFIet Files\OLK9&','N02 TORamendedordiniance cRam:es 5 905.docU:\.\TTORNEY'u^.ssigaments\2005'u^,05 Revisioas to Ordinance No 2004 21& (TDR Oramaaeel\w02 TORamended8niiaianee eRaflces ENW 5 5 05.a8eC:\Oocuments aHa 8e~incs\Home 1 \My Oocumenta\Shelley\TORamendedordiaiam)e changes.soe -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 02001218 .\md TDRG Sec. 265 23U:\City Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 13 2nd Rdg.docU:'u^.TTORNEY'u^.ssignments\2005\,^.05 Revisions tEl Oreinance No 2001 218 (TDR OrdinaAco)\w02 TDRameneedordiniance changes 5 9 05 Shelley.decC:\DElcuments and Settings\shelley\Local Settiags'.Temoorary Internet Files\OLK98\y.02 TDRamondeElElnlinianee chanees 5 905.docU:\ATTORNEY\Assignments\2005'u^.05 Royisions to OrdinaFlee No 2001 218 (TDR OfElinaFlee)\w02 TDRamendedorElinianee changes HI\\' 5 5 05.docC:\Documents and Settines\Home 1 '-My DocumeBts\Shelle.,\TDRamendedordiniaace chaBges,doc 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 0200~ 218 Amd TDRs See. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 14 2nd Rdg.docU:\/.TTORNEY\l\ssilffiffients\2005\.\05 Revisions to On:liflanee No 2004 218 (TDR Ordinance)\w02 TDRameadeaorainiance changes 5 9 05 Shellev.doeC:\Doel:lments aad Settings\sBeIley\Loeal Settings\Temoorarv Internet Files\OLK98\w02 TDRamendedordiniallee chaflg.es 5 9 05.doeU:\,^,TTORNEY\~^.ssiEllments\2005\/.05 Re'lisioFlS to Oreiflanee No 2004 218 (TDR Ordinallee)\wQ2 TDRamendedordiniance ehanEes ENW 5 5 05.docC:\Documents aFld Settillg.s\Home I \-My Deel:lll1ents\Shelley\TDRamendedordiniaflee cBallEes.doc 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 02004 218 /.md TDRs See. 265 23U :\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 15 2nd Rdg.docU:\f.TTORNEY\.^.ssigflmeflts\2005\.^.05 Revisions to Ordinance No 2004 218 (TDR Ordinanee)\w02 TDRamendcdordinian"e "Aanges 5 9 05 Shelley.doeC:\Doeumenls and Settinl!:s\shelley\Loeal Scltings\Temoontl)' IRtemet Fi1es\OLK98\w02 TDRamendedordiniaRce eAanges 5 9 QS.doeU:IA TTOIDIBYlu'\ssignments\20QSlu^.QS Revisions to OrdiFlanee No 2004 218 (TDR Ordinanee)\w02 TDRameadedordiniaaee eAaages EN').' 5 S OS.doeC:\Doeuments and Settiags\Home 1 \My Doeuments\Shelle",\TDRameadedordiniaaee chaFlges.doe 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. 02004 218 i\md TORs 8ee. 26S 23U:\Citv Clerk\Ordinances\Orafts\Oraft 0200S- TOR Amend 02004-218 Marked 16 2nd Rdg,docU :'u'\ TTORNEY'u'\ssig.nmeflts\200S\'^.OS Revisiolls to Ordiflallee No 2004 218 (TOR Ordiflanee)\vi02 TORamenaeaordillianee ehaRgeS S 9 OS Shelley.aoeC:\Doeuments aRa SettiRgs\sfielley\Loeal SettiRgs\Temperary Intemet Files\OLK98\w02 TDRamefldedorainiaRee ChaRgeS S 90S.doeU:\ATTORlIffiY\.^.ssignmeRts\200S\^.OS Revisions to OrdiRaFlee No 2001 218 (TOR OrdinaRce)\w02 TDRameRdedordiRianee chaRges ENW S S OS.doeC:\OoeumeRts alla SettiRl::s\Home 1 \My OecHmeats\Shelley\TDRamefldedordifliaRce changes.doe 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 02001 218 f.md TDRs See. 265 23U :\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 17 2nd Rdg,docU :\A TTORNEY\,A.ssiE:flments\2005\.\05 Re...isieas to Onliaaace No 2004 218 (TDR OnlinBace )\,,,,,02 TDRamendedor-diaiance changes 5 9 05 8helley.docC:\Documents aRd SettiRE:s\shelley\Local 8ettiRgs\TeHIDOrary latcnlet files\OLK98\w02 TDRamendedordiniance chances 5 9 05.docU:\f.TTOlUUlY\.\ssicnments\2005\A.Q5 Re','isieflS to Onliaance ~10 2004 218 (TDR Ordialfficel\w02 TDRameadeaeFdiaiaRce changes ENW 5 5 05.docC:\Documel1ts ana Settinl!:s\Home I \u\4y Docl:lmems\Shelley\TDRamefldedordiniance changes.doc 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)_ 02004 21& .^..md TORs Sec. 265 23U:\Citv Clerk\Ordinances\Orafts\Dratt 02005- TOR Amend 02004-218 Marked 18 2nd Rdg.docU:'"^.TTORNEY\.^.ssignmeFlts\2005\:\05 Reyisions to OraiaBnce No 2004 21 & (TOR OraiaBaeel\w02 TORamendedordiniance changes 5 9 05 Shellev.doeC:\Ooel:m'lents Bad Settings\shelley\Local Settings\TeHlf)orarv Internet Files\OLK9g\.",,02 TORBmeRdedordiniance changes 5 9 05.aecU:\^ TTOR.""'IEY\f.ssigRmeflts\2005'A05 Revisions to OrdiRBflce Ne 2004 21 & (TOR OrdiRanee)'m02 TORBmeRaedordiRiaRce changes ENW 5 5 05.docC:\Doel:lmeflts BRd SeniRE:s\Home I \}Ay Oocumeflts\Shellev\TORamendedordiRiance changes.doe 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. 3 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 4 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