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Home My WebLink AboutResolution LPA 2006-34 LPA RESOLUTION NO. 2006- ~ 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. 2005-230 AND SECTION 265-23.3(C) OF THE LAND DEVELOPMENT REGULATIONS, RELATING TO TRANSFER OF DEVELOPMENT RIGHTS FROM PRIVATELY-OWNED SENDER SITES, ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commissioners, serving as the Local Planning Agency (nLP An), conducted a public hearing relating to the Land Development Regulations on December 10, 2002 and adopted the Land Development Regulations by Ordinance No. 2002-165; and WHEREAS, the City Commission, as the LP A, has reviewed the amendment to Ordinance No. 2005-230 and to Section 265-23.3(C), relating to the Transfer of Developments Rights from privately-owned sender sites of Ordinance No. 2002-165, adopting the City's Land Development Regulations, and that there is a need for greater flexibility in the pattern of development by allowing for the transfer of development rights from one parcel to another and 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 as set forth in the Land Development Regulations; WHEREAS, the LP A has determined that this amendment would clarify the Ordinance and it is in the best interest of the City and its residents to recommend approval of the Ordinance amending Section 265-5 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 I. Recommendation: That the Local Planning Agency hereby recommends to the City Commission of the City of Sunny Isles Beach, the Ordinance amending Ordinance No. 2005-230 and Section 265-23.3(C) of Land Development Regulations Ordinance No. 2002-165, attached as Exhibit nA,n for consideration by the City Commission pursuant to Chapter 163, of the Florida Statutes. Section 2. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 19th day of January 2006. LPA R2006- Amend 02005-230 & See 265-23.3(C).ofLDRsPage I of2 AJ,TEST: " . ~ - ~'A~~.- Jane A. ~ines, Cjts> Clerk , I /.,' ,1 ..... APPROVED AS TO FORM AND L AL SUFFICIENCY: t, ity Attorney - Moved by: C bM",",IS<:lotuE12 IGu:.c;."Pr~ Seconded by: ':JIC.Z. (O\I>r",?oR. ~~2.IN Vote: ~-O Mayor Edeicup V (Yes) (No) Vice Mayor Brezin V (Yes) (No) Commissioner Goodman V (Yes) (No) Commissioner Iglesias V (Yes) (No) Commissioner Thaler V (Yes) (No) LPA R2005- Amend See 165-18(1).ofLDRs 2 ORDINANCE NO. 2006-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 2005-230 AND SECTION 265-23.3(C) OF THE LAND DEVELOPMENT REGULATIONS, RELATING TO TRANSFER OF DEVELOPMENT RIGHTS FROM PRIVATELY-OWNED SENDER SITES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the purpose of the Transfer of Development Rights Ordinance ("the Ordinance") is to provide for greater flexibility in the pattern of development by allowing for the transfer of development rights from one parcel to another; 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; and WHEREAS, the TDR Ordinance has provided the City with a vehicle to create parks and open space for the enjoyment of residents; and WHEREAS, the City Commission wishes to create more parks and recreational facilities by adopting this Ordinance. THE CITY COMMISSION FLORIDA, AFTER CAREFUL FOLLOWS: OF THE CITY OF SUNNY ISLES BEACH, CONSIDERATION, HEREBY ORDAINS AS Section I. Incorooration of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this ordinance upon adoption hereof. Section 2. Amendment. Section 265-23.3(c) of the City's Land Development Regulations is hereby amended to read as follows: c. Privately-Owned Sender Sites. (1) Application Process for Sender Sites. The owner of prospective Sender Site shall subrnit a complete application to the 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 265-23.6(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 forrn acceptable to the City Attorney, and such other materials that staff may reasonably Amending 2005-230. Seelion 265-23(e) Exhibit "A" request. After all required documentation and all required fees have been submitted to the City in a timely fashion, staff shall review the complete application, prepare written findings and recommendations, and place the application on the City Commission agenda for its consideration at a public hearing. The application shall be subject to the same notice and hearing requirements required by the LDRs for zoning applications. (2) Establishment ofTDRs (a) The City shall determine the floor area ratio and density including bonuses on the proposed site based on the existing zoning at the time the application is filed. (b) In cases where a privately-owned Sender Site within the Town Center or a site abutting Collins A venue is offered to the City as a Sender Site, the City Commission, in its sole discretion, may consider accepting 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: (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 than 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 those improvements. and oav all required bonus oayments associated with the site, (3) Public Hearing. After a public hearing, the City Commission shall determine, in its sole discretion, whether the proposed Sending Site is acceptable for use by the City, in accordance with the expressed intent of this Ordinance. (4) Conveyance of Private lv-Owned Sender Sites to City. Upon approval by the City Commission, the Sender Site shall be conveyed to the City unencumbered, free and clear of any or all liens and mortgages, after correction of title defects and outdoor code violations, if any, and payment of any outstanding fines or fees owed to the City, all in a manner and form acceptable to the City Attorney. All taxes, fees and all other charges, including but not limited to assessments, on an approved Sender Site shall continue to be paid by the owner until the date the title is conveyed to the City. After title to the approved Sender Site has been conveyed to the City in the manner described in this Amending 2005-230, Seelion 265-23(e) 2 subsection, the City shall authorize the release of the TDRs 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 TDRs from the approved Sender Site until documentation eYidencing such release of TDRs has been recorded. (5) Develooment Limitations on Privately-Owned Sender Sites, The approved Sender Site shall then remain undeveloped forever except as a park. (6) Limitation on use ofTDRs from Aooroved Sender Sites, The owners, successors, heirs or assigns of approved Sender Site shall be required to bank, in accordance with Section 265-23,7 hereunder, all TDRs from the Sender Site. The banked TDRs may be withdrawn only in compliance with the provisions of this Ordinance within a period of no more than five (5) years from the date of the City Commission meeting at which the subject site was approved as a Sender Site. At the expiration of the five (5) year period, the TDRs from the approved Sender Site shall expire and become extinguished and unusable, Section 3. Reoealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed except that this amendment shall not apply to previously approved TDRs which transfers shall be accomplished in accordance with the terms of the ordinance in effect at the time of said transfer. Section 4. 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 5. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this ordinance shall be included in the City of Sunny Isles Beach Code; that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required, Section 6, Effective Date. This Ordinance is effective ten (10) days after its adoption on second reading. PASSED and ADOPTED on first reading the e,..j-l.. day of t)",L" . ,2005. PASSED and ADOPTED on second reading this ~ day of~AfJ\(~Y, 2006, Amending 2005-230, Section 265~23(c) 3 AJ'TEST: v . . ~.. ~~'A:i.A~ " ". JaneA. Hines, City Clerk .., . " .~ . " ~ ,. ~ . APPROVED AS TO FORM AND FFICIENCY: Moved by: (1 ornm\"'''''MJEt'2 ~S1'~ Second by: ~I c.<r.. mAYn't '€R~2JnJ VOTE: 5-0 Mayor Norman S. Edeicup Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Daniel Iglesias Commissioner Lewis Thaler (yes) ....l.<::::. (yes) V (yes) V (yes) .-IL. (yes) ~ (no)_ (no)_ (no)_ (no)_ (no)_ Amending 2005-230. Seetion 265-23(e) 4