HomeMy WebLinkAboutLPA 2008-50
LP A RESOLUTION NO. 2008- SL2
A RESOLUTION OF THE LOCAL PLANNING AGENCY OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA,
RECOMMENDING TO THE CITY COMMISSION OF
SUNNY ISLES BEACH, THE ORDINANCE AMENDING
SECTION 265-23(G)(2) OF THE ZONING CODE
RELATING TO THE TRANSFER OF DEVELOPMENT
RIGHTS ("TDRs") FOR PRIVATE PARTIES, CLARIFYING
EXPIRATION OF PRIVATE TDRs, ATTACHED 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 10, 2002
and adopted the Land Development Regulations by Ordinance No. 2002-165; and
WHEREAS, the City Commission, as the LP A, has reviewed the amendment to Section
265-23(G)(2), relating to the Transfer of Development Rights ("TDRs") for private parties,
clarifying expiration of private TDRs; 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(G)(2) of the Land
Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS:
Section 1. Recommendation: That the Local Planning Agency hereby recommends to the City
Commission of the City of Sunny Isles Beach, the Ordinance amending Section 265-23(G)(2) 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.
Section 2.
Effective Date: This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 20th day of March 2008.
ATTEST:
~A:~
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL:?; ~ F CIENCY
Moved by: C-t>h\~ ....'" J~ GO()~1\fJ
Seconded by: V\(..Q. ~f;)V' --r\{AL~
V ofe: S-b
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
ILCYes)
...........(Y es)
V(Yes)
./(Yes)
,/ (Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
LPA R2008- LDRs
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I
ORDINANCE NO. 2008- ::SDO
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION
265-23(G)(2) OF THE CITY CODE RELATING TO THE
TRANSFER OF DEVELOPMENT RIGHTS ("TDRs") FOR
PRIVATE PARTIES; PROVIDING FOR CLARIFICATION OF
EXPIRATION OF PRIV ATE TORs; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission created a transfer of development rights program to spur
development and to create open space; and
WHEREAS, the City Commission wishes to clarify the regulations relating to Private TDR
transactions.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation 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 (G) (2) is amended to read as follows:
(2) Time Limitations on private TDR transactions. All development rights from an
approved privately owned sender sites conveyed to the City shall be deposited
in the TDR Bank as provided in this subsection. Withdrawals ofTDRs from the
TOR Bank must occur no later than five years from the date of the City
Commission action approving the applicable sending site in accordance with 9
265 -23 C (3) (f) herein above. 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 section.
All requirements of this section shall be met prior to the actual transfer
(withdrawal) of development rights from the TDR Bank. Private TDRs shall be
utilized within five (5) years from the date of withdrawal from the TOR Bank.
The City Commission may extend the time period for the utilization of private
TDRs for a period up to two (2) years. If an extension is granted, the City
Commission has the authority to impose an administrative fee up to $10,000.00
as a condition of granting such extension.
Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is declared
invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by
such invalidity.
Amending Section 265-23
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Section 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict
herewith be, and the same, are hereby repealed
Section 5. Inclusion In The Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles
Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to accomplish such
intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 6. Effective Date. This Ordinance shall become effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on First Reading the ~ day of F€6R..uI'\-RY ,2008.
PASSED and ADOPTED on Second Reading this 2.o~day of VVI'A-t'<c...t-\- ,2008.
ATTEST:
~JA~
Jane A. Hines, CMC, City Clerk
APPROVED~. TO FORM
AND LEOAI/SU CIENCY
;)
,- /
Hans Ottinot, City Attorney
I
Moved by:
Second by:
VOTE AS FOLLOWS: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Goodman
Commissioner Brezin
Commissioner Scholl
--1L. Y es)
VY es)
~es)
vY es)
VYes)
_No)
No)
_No)
_No)
_No)
Amending Section 265-23
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