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
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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 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
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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
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"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
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