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HomeMy WebLinkAboutOrdinance 2002-147 ORDINANCE NO. 2002-J.jJ 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 of transmittal by the Local Planning Agency. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS: Amendment #2 to Comp Plan -- Future Land Use LMD:ch!eb 12/13/01 --12:53 PM Section 1. Future Land Use Element: The following policies/sections are hereby amended as follows: Policy 11. The City shall develop afl:d encourage the transfer of s~:erable ase 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 redevelovment and unified planning and design of sites. mixed uses. and the revitalization of the economic base of Sunny Isles Beach in furtherance of Policies lA 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 (TDR) regulations in accordance with the following standards: a) Receiver and Sender Districts shall be established. exceut 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 15H. 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 development 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 provisions so as TO assure NO net increase in city-wide residential dwelling unit Comprehensive Plan capacities occurs. Amendment #2 to Comp Plan -- Future Land Use LMD:ch/eb 12/13/01 --12:53 PM 2 d) The transfer of development rights from orivately owned sender sites must result in the accomplishment of a public ourpose that is consistent with the Comorehensive Plan such as the creation of public oarks. plazas and/or open soace. 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 oublic parking garages to serve the Town Center or the develooment of public educational facilities and other essential public facilities. This limitation shall not apply to government sites more particularly described in policy 1 i above. e) Sender sites shall be dedicated to public ownershio or oreserved for oublic ouroose through a conservation easement or other recordable mechanism. Taxes on privately owned sender sites shall be oaid until such dedication or recordable mechanism is executed. f) Transfers of development rights from privately owned parcels orincipally for the purpose of aggregating development rights in another orivately owned location deemed geographically preferable or more economically advantageous than the sender site shall not be construed as public ourpose. g) All transfers of development rights shall require aporoval 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. subject 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. "The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S." PASSED AND ADOPTED on first reading the 'A10.t'- day of j)..u t?~ ,2001. PASSED AND ADOPTED on second reading this ~d 0 ~ , 2002. Amendment #2 to Comp Plan -- Future Land Use LMD:chleb 12/13/01 --12:53 PM 3 ,,' .. '< "ATTEST: " , ~ ~~ , ' Ric' ard Brown-M~lla, City Clerk APPRO:VED AS TO FORM AND LEGAL SUFFICIENCY: ~dJ~ . Dannhelsser, CIty Attorney Motion on second reading by: ~bmW\'SS:\ otJ~ f DF LC!.lfl Second on second reading by: 'c. E 'MA-'-?OR c:'L E<;' 1l-~ Vote: 5-0 Mayor David Samson Vice Mayor Daniel Iglesias Commissioner Norman S. Edelcup Commissioner Gerry Goodman Commissioner Lila Kauffinan (yes) V (yes) V (yes)L (yes) V (yes)~ (no )_ (no)_ (no )_ (no)_ (no )_ Amendment #2 to Comp Plan -- Future Land Use LMD:ch/eb 12/13/01 --12:53 PM 4