HomeMy WebLinkAboutReso 2001-388
RESOLUTION NO. 2001-~8
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, TRANSMITTING A COpy OF THE
PROPOSED COMPREHENSIVE PLAN AMENDMENT, WHICH
AMENDS THE FUTURE LAND USE ELEMENT OF THE CITY OF
SUNNY ISLES BEACH COMPREHENSIVE PLAN ADOPTED BY
ORDINANCE NO. 2000-105, MODIFYING POLICY 11 TO INCLUDE
LIMITS ON PUBLIC LANDS ELIGIBLE FOR TRANSFERS OF
DEVELOPMENT RIGHTS (TDR'S), IDENTIFYING PUBLIC PURPOSES
FOR THE UTILIZATION OF TDR'S, AND ESTABLISHING
LOCATIONS TO WHICH TDR'S MAY BE TRANSFERRED;
AMENDING POLICY 15B TO CONDITION THE LIMITATIONS
IMPOSED BY COMPREHENSIVE PLAN LAND USE CATEGORIES AS
MODIFIED BY A NEW POLICY 15C; AND ADDING A NEW POLICY
15C REQUIRING THE INCLUSION OF THE TDR MECHANISM IN THE
LAND DEVELOPMENT REGULATIONS; ESTABLISHING
PARAMETERS FOR SENDER AND RECEIVER DISTRICTS, SETTING
LIMITS ON INCREASES IN DENSITY IN RECEIVER DISTRICTS,
REQUIRING PUBLIC PURPOSE, AND PROVIDING MECHANISMS
FOR MAINTAINING SUCH PUBLIC PURPOSE, AND REQUIRING
PROCEDURES FOR APPROVAL AND MONITORING OF TDR'S,
ATTACHED HERETO AS EXHIBIT "A", PURSUANT TO THE
PROVISIONS OF THE LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATION ACT;
PROVIDING FOR ADOPTION OF SAID PLAN AMENDMENT BY
ORDINANCE SUBSEQUENT TO RECEIPT OF AND APPROPRIATE
ACTIONS TO ADDRESS THE OBJECTIONS, RECOMMENDATIONS
AND COMMENTS OF THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach was incorporated on June 17, 1997; and
WHEREAS, pursuant to the provisions of the Local Government Comprehensive
Planning and Land Development Regulation Act, on October 5, 2000, the City of Sunny Isles
Beach adopted Ordinance No. 2000-105, adopting the City's Comprehensive Plan; and
WHEREAS, pursuant to Florida Statutes Section 163.3167 (4), the City has prepared a
proposed Comprehensive Plan Amendment; and
WHEREAS, the City Commission, serving as the Local Planning Agency (LP A), and in
accordance with the relevant sections of the Local Government Comprehensive Planning and
Land Development Regulation Act conducted a public hearing on October 25,2001, to consider
a proposed Comprehensive Plan Amendment; and
R2001- Transmittal ofComp Plan Amendment to DCA 1
WHEREAS, on October 25, 2001, the LPA adopted LPA Resolution No. 2001-02
transmitting said proposed Comprehensive Plan Amendment to the City Commission; and
WHEREAS, the City Commission, pursuant to Section 163.3184(15), did this day hold a
properly advertised, duly conducted public hearing to review the proposed Comprehensive Plan
Amendment and to direct the transmittal of said Amendment to the Department of Community
Affairs;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1 The City Commission hereby reviews, and directs, the City Clerk, to make all
appropriate transmittals of the proposed Comprehensive Plan Amendment for the City of Sunny
Isles Beach, attached as Exhibit "A", as required by law.
Section 2 Upon receipt of objections, recommendations and comments from the State of
Florida Department of Community Affairs and the taking of all appropriate actions to address
those objections, recommendations and comments, the City Commission shall, after two public
readings, adopt by ordinance, the completed proposed Comprehensive Plan Amendment.
Section 3
This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 25th day of October, 2
ATTEST:
0-.,
-~~~ ~-~U,
Richard Brown-Marilla, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
R2001- Transmittal ofComp Plan Amendment to DCA 2
Moved by: ~ssi~ "'l:~y
Seconded by: ~'UL-~""" ~
VOTE: S--t)
Mayor Samson ,/ (Yes) (No)
Vice Mayor Kauffman v (Yes) (No)
Commissioner Ede1cup 1/', (Yes) (No)
Commissioner Goodman V' (Yes) (No)
Commissioner Iglesias V (Yes) (No)
R2001- Transmittal ofComp Plan Amendment to DCA 3
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH AMENDING THE FUTURE LAND
USE ELEMENT OF THE CITY OF SUNNY ISLES BEACH
COMPREHENSIVE PLAN ADOPTED BY ORDINANCE NO.
00-105 TO MODIFY POLICY 11. TO INCLUDE LIMITS ON
PUBLIC LANDS ELIGIBLE FOR TRANSFERS OF
DEVELOPMENT RIGHTS (TDR'S), IDENTIFYING PUBLIC
PURPOSES FOR THE UTILIZATION OF TDR'S, AND
ESTABLISHING LOCATIONS TO WHICH TDR'S MAY BE
TRANSFERRED; AMENDING POLICY 15B. TO CONDITION
THE LIMITATIONS IMPOSED BY COMPREHENSIVE PLAN
LAND USE CATEGORIES AS MODIFIED BY A NEW POLICY
15C; AND ADDING A NEW POLICY 15C. REQUIRING THE
INCLUSION OF THE TDR MECHANISM IN THE LAND
DEVELOPMENT REGULATIONS; ESTABLISHING
PARAMETERS FOR SENDER AND RECEIVER DISTRICTS,
SETTING LIMITS ON INCREASES IN DENSITY IN
RECEIVER DISTRICTS, REQUIRING PUBLIC PURPOSE,
AND PROVIDING MECHANISMS FOR MAINTAINING SUCH
PUBLIC PURPOSE, AND REQUIRING PROCEDURES FOR
APPROVAL AND MONITORING OF TDR'S, PROVIDING
FOR TRANSMITTAL; PROVIDING FOR A REPEALER;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 5, 2000 the City of Sunny Isles Beach adopted its first
Comprehensive Plan pursuant to the provisions of 163.3161, Florida Statutes (2000); and
WHEREAS, in the course of preparing the draft land development Regulations a
discussion ensued relating to the advantages of employing transferable development rights
throughout the City under certain conditions that would require an enlargement of the scope set
forth in Policy 11 and the enactment of anew policy to set forth those conditions and parameters
and require the inclusion of a transferable development right mechanism in the new Land
Development Regulations, and
WHEREAS, the City shall have complied with all requirements of Chapter 163
including a resolution oftransmittal by the Local Planning Agency.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS:
Exhibit "A"
Amendment to Comp Plan - Future Land Use
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Section 1.
Future Land Use Element:
The following policies/sections are hereby amended as follows:
Policy 11. The City shall develop and encourage the transfer of se'ferable use development
rights from lands acquired by municipal government after the date of June 16. 1997 for uses
other than residential or commercial purposes but including public open space. parks and
recreational facilities. community facilities. public educational and cultural facilities. and public
utilities to development sites within the Town Center and commercial and resort districts
abutting Collins Avenue to promote the redevelopment and unified planning and design of sites.
mixed uses. and the revitalization of the economic base of Sunny Isles Beach in furtherance of
Policies IA and IB and to prioritize the density increases where practical for the production of
affordable housing.
***********
Policy 15B. The Future Land Use Map shall identify all non-residential land as one of the
following non-residential or mixed use categories with the following characteristics and
limitations as set forth Policy 15C:
* * * * *
Policy 15.C The City of Sunny Isles Beach shall adopt innovative Land Development
Regulations which implement the Goals. Obiectives and Policies of the Comprehensive Plan.
Such regulations shall include Transferable Development Rights nDR) regulations in
accordance with the following standards:
a) Receiver and Sender Districts shall be established. except that receiver
districts shall limited to locations within the Town Center. Mixed Use -
High Density / Resort. Mixed Use - Business. and Neighborhood
Business land use categories.
b) Mechanisms to enhance the value and marketability of TDR's shall be
established such as assigning density bonuses to receiver sites which may
exceed the future land use category density limitations set forth in Policy
I5H.
c) In no case. HOWEVER. shall the density or intensity on a receiver site
exceed a thirty (30) percent increase in the maximum permitted by the
land use category limitations set in Policy 15B or the land develollment
regulations 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 llrovisions so as TO assure NO net
increase in city-wide residential dwelling unit Comprehensive Plan
capacities occurs.
Amendment to Comp Plan -- Future Land Use
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d) The transfer of development rights from -privately owned sender sites must
result in the accomplishment of a public purpose that is consistent with the
Comprehensive Plan such as the creation of public -parks. plazas and/or
open space. the conservation of historic. sensitive environmental and
archeological resources. the protection and enhancement of waterfront
public access corridors not otherwise required by the land development
regulations. the erection of public parking garages to serve the Town
Center or the development of public educational facilities and other
essential public facilities. This limitation shall not apply to government
sites more particularly described in policy 1i above.
e) Sender sites shall be dedicated to public ownership or preserved for public
purpose through a conservation easement or other recordable mechanism.
Taxes on privately owned sender sites shall be paid until such dedication
or recordable mechanism is executed.
f) Transfers of development rights from privately owned parcels principally
for the purpose of aggregating development rights in another privately
owned location deemed geographically preferable or more economically
advantageous than the sender site shall not be construed as public puroose.
g) All transfers of development rights shall reQuire approval by the City
Commission at a public hearing with a finding of consistency with the
Comprehensive Plan.
h) The City Manager shall establish a management and accounting system to
value. record. and track TDR's. subiect to approval by the City
Commission.
Section 2.
The City Clerk is hereby directed to make the appropriate transmittals within ten
(10) days after adoption.
Section 3.
This Ordinance shall take effect within ten (10) days after adoption on second
reading.
PASSED AND ADOPTED on first reading the
day of
PASSED AND ADOPTED on second reading this _ day of
,2001.
, 2002.
David Samson, Mayor
ATTEST:
Richard Brown-Morilla, City Clerk
Amendment to Comp Plan -- Future Land Use
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Motion on second reading by:
Second on second reading by:
Vote:
Mayor David Samson
Vice Mayor Daniel Iglesias
Commissioner Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Lila Kauffman
Amendment to Comp Plan -- Future Land Use
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(yes)_
(yes)_
(yes)
(yes)_
(yes)
4
(no )_
(no)_
(no )_
(no )_
(no)_