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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 2 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 Page I 01'2 I 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 Page 2 01'2