HomeMy WebLinkAboutOrdinance 2003-179
ORDINANCE NO. 2003- 11 cr
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, REPEALING SECTION 515 OF
THE LAND DEVELOPMENT REGULATIONS, RELATING TO
TRANSFER OF DEVELOPMENT RIGHTS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR ESTABLISHING OF SENDING
AND RECEIVING DISTRICTS AND RIGHTS TRANSFERRED;
PROVIDING FOR DENSITY AND INTENSITY CALCULATIONS;
PROVIDING FOR THE IMPOSITION OF A DEVELOPMENT
LIMITATIONS; IDENTIFYING DISQUALIFIED LAND; PROVIDING
THE PROCEDURES PERTAINING TO TRANSFER OF
DEVELOPMENT RIGHTS; PROVIDING FOR THE CREATION OF A
TRANSFER OF DEVELOPMENT RIGHTS BANK; PROVIDING FOR
A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that it is desirable planning practice to
permit the transfer of development rights from certain locations in the City to other locations which
can accommodate growth without increasing the overall amount of permitted development in the
City, conditioned upon their specific approval; and
WHEREAS, the issuance of development rights for a particular parcel of land permitting
their transfer to other more suitable land can serve to prevent an unconstitutional taking of property
rights without just compensation; and
WHEREAS, in permitting the transfer of development rights to a privately owned site in
order that the public health, safety and general welfare may be furthered by providing for the
preservation of open space, environmentally sensitive areas, and other purposes which serve to
implement the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Incor:poration of Recitals.
The recitals stated above are hereby incorporated herein.
Section 2. Amendment of Section 515 of Land Development Regulations.
Section 515 is hereby amended as follows:
1. Section 515.1 is amended as follows:
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515.1 Purposes and Applicability
This article is intended to provide for greater flexibility in the pattern of development by
allowing for the transfer of development rights (unused floor area and density) from one
parcel to another where such transfers will assist in the renewal. rehabilitation. and
redevelopment of commercial. Town Center and beachfront property and where preservation
of open space, natural resources, historical and archeological resources, preservation of view
corridors, concentration of public parking, provision of educational or other public purpose
objective may be achieved through such shifts in the development pattern, upon the approval
of the City Commission.
2. In Subsection 515.2, the following definitions should be added and/ or amended:
515.2 Definitions:
Comprehensive Plan: The Comprehensive Plan of the City of Sunny Isles Beach.
Receiving Districts: Areas within the corporate boundaries of the City that are permitted to
receive transferable development rights as defined in the City's Comprehensive Plan and as
reflected in the attached Map of Receiver Districts.
Sendine Districts: Any area within the corporate boundaries of the City that are permitted
to transfer development rights as permitted by and as set forth herein.
Sever: The removal of a development right from property rights possessed by an owner of
real property. The term connotes a removal or separation. in perpetuity. as distinguished
from a restriction or limitation. which may be overridden. deleted or is subject to a time
frame.
Transferable Development Rights: A development right is an appurtenant right of land
ownership that has an economic value separate from the land itself, subject to reasonable
regulation by local government under its police power, and may be transferred from the land
from which the right is severed (sender site) to another piece of land (receiver site). Once
severed. and if only a portion of the development rights attributable to a sender site is
transferred. the remaining rights may be "banked" by the City as described below. Units
transferred shall be composed of square footage only and may be made through gift or sale of
those units. These rights are sometimes referred to hereunder as "TDR'S".
Section 3.
Establishment of Sending and Receiving Sites: Rights Transferred.
1. Section 515.3 should read as follows:
515.3 Establishment of Sender Sites. Any property in any zoning district. upon the
specific approval by the City Commission. may be eligible as a sending site. provided
however. and the severance and transfer of rights from that site shall be subiect to the terms
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and conditions of this Ordinance.
a. City Owned Sender Sites.
With respect to City Owned Sender Sites. all development rights calculated in square
footage severed therefrom. shall be deposited in a "bank" more particularly described in
section 515,8 herein below from which withdrawals of those rights may be made after
purchase by a private developer upon specific approval by the City Commission at a public
hearing as described in section 515.7 and in accordance with the other terms of this
Ordinance, The Map attached. as Exhibit "A" shall reflect those sites and the units ofTDR's
attributable to each site, The Map shall be amended administratively and dated each time
transfers are made hereunder. In no case shall the transfer of any TDR's from a City Owned
Site currently designated as park sites interfere with the use of those public parks and said
parks shall forever remain as public parks.
b. Privatelv-Owned Sender Sites.
~Ofl speeifie apprQ'/al by tae City Commission. The City Commission. at its sole discretion.
may approve at a public hearing as described in section 515.7 hereinbelow. a privately
owned sender site to allow it to may transfer square footage which shall be utilized either
transferred for purposes of computing density or intensity to a receiver sites. provided that
upon the initial transfer from privately owned sender sites. such sender sites conveyed to
City ownership of site shall remain undeveloped except to be utilized for the
accomplishment of a public purpose consistent with the Comprehensive Plan. including. but
not limited to. 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.
including but not limited to recreational. public works. maintenance and operational facilities
on the sender site. The foregoing limitation shall not apply to governmental sites designated
in section 703.2.2 (d) hereinbelow. as may be amended from time to time.
i. In furtherance thereof. the entire sender site shall be dedicated to public
ownership or preserved for any public purpose. Taxes on privately owned
sender sites shall be paid by the owner. until actual transfer of such land to
the City. The sender site shall be unencumbered. free and clear of any or all
liens and mortgages prior to dedication and transfer of said site, The sender
site shall be dedicated to the public either by the transfer of fee title to the
City or perpetual deed restriction or easement. in a form acceptable to the
City.
11. The owner of the sender site will be permitted to bank in accordance with
section 515,8 hereunder any remaining rights from the site for a five (5) year
period. At the expiration of the five (5) year period. the TDR's shall expire
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and become extinguished and unusable,
~ Establishment of Receiver Sites:
All property within the Town Center. Business District abutting Collins A venue and the
Mixed Use High Density/Resort zoning districts are herewith established as receiver sites for
the acceptance of transferred development rights and are specifically designated in the Map
of Receiver Districts attached as Exhibit "A". Receiver Sites may be developed as otherwise
permitted by the Land Development Regulations. as may be amended from time to time. in
combination with the development rights available to the site. provided that the overall
density achieved is consistent with. and does not exceed. the overall density and intensity
allowable by the Comprehensive Plan. If an approval was granted prior to the adoption of
this Ordinance. pursuant to which a permit has been issued. that site shall not be available as
a receiver site. unless the prior approval is revoked and a new development order is secured
hereunder.
Section 4. Calculations.
515.4 Calculations
a. Transferable Development Rights from City owned Property: In the case of City owned
sites calculations will be based on the zoning permissible at the time of incor:poration and
prior to the City's acquisition of the site for public purposes, A transferable development
right for a unit shall be calculated and determined by dividing the permitted floor area of
the sending site by the permitted density on said site. Only whole units may be purchased
and transferred to the receiver but the purchaser may use any amount up to square
footage if the receiving site is accepting the square footage as intensity (floor area ratio)
rather than density, All of the foregoing. however. is subiect to all limitations set forth
herein and in the City's Comprehensive Plan.
b. Cost of Transferable Development Rights from City owned Site: Upon receiving
approval by the City Commission for a transfer of a development right to a receiver site.
the cost for a square foot of development right shall be determined by the market value of
the receiver site as delineated by a current real estate appraisal prepared for the City by a
City designated appraiser. acceptable by the City Manager. but paid for by the owner of
the sending site. The appraisal amount shall then be divided by the permitted floor area
ratio including bonuses on the receiver site. Since the issuance of city-owned TDRs shall
be from a bank. the formula set forth in subsection a. above shall be applied to the totality
of the banked square footage divided by the allowable density based on the average of the
underlying zoning.
c. Transferable Development Rights from Private Property, In the case of privately owned
sites the City shall determine the floor area ratio and density on the site, The parties shall
file documentation verifying such transfer of rights in accordance with Section, 515.7
herein below.
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d. Cost of Transferable Development Rights Issued by Private Owners: Upon receiving
approval by the City Commission. which approval is in its sole discretion. the sender site
as a site acceptable for the use as a public property. the price of the transferable
development rights shall be determined by the private owners.
Section 515.5, should read as follows:
a. Development Limitations Upon Privatelv Owned Sendine Sites,
Prior to exercise of the transferable development rights issued by a transferee (the
receiving site) pursuant to this section. the property owner of the sending site
(transferor) shall deliver to the City a current survey. a warranty deed conveying
good. marketable and insurable title along with a Form B title policy pertaining to the
sending site. once staff has determined it wishes to accept that site and the City
Commission has subsequently approved such acceptance as recreational other
approved public pur:pose use. or open space use in accordance with the expressed
intent of this Ordinance. Upon approval by the City Commission and receipt of
conveyance documents and title insurance policy by the City. correction of any
outdoor code violations and payment of all fines due and owing to the City. then and
onl y in that event shall the City authorize the release of the transferable development
rights and document same in its records. Notwithstanding the foregoing. the property
owner of the sending site may dedicate the sender site by perpetual deed restriction or
easement. in a form acceptable to the City.
b. Development Limitations Upon Receivine Sites.
b Within the receiving districts. development rights shall be limited by a combination
of the underlying zoning regulations. approved bonuses and allowable development
rights transferable to the land in the receiving districts. Notwithstanding anything to
the contrary. and in accordance with the Comprehensive Plan. neither the
transferable density or intensity of permitted uses shall not exceed thirty percent
(30%) of the maximum residential density permitted on the receiver site 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. Likewise. the maximum amount of
undeveloped floor area that may be transferred from a sender site to a site within
the receiving district shall not exceed (30% ) of the receiving seftding site based on
the base floor area ratio plus bonuses allowable at the time of the adoption of the
Development Regulations.
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11. Parking and all other requirements of the LDRs shall be required in accordance with
any additional density acquired through the transfer of development rights.
iii. All TDR's purchased or transferred shall be used within 24 months from the date of
obtaining Zoning approval a btlildiRg permit or said rights shall thereafter be fully
extinguished.
iv. The transfer of development rights to a receiving site will not decrease required open
space. buffers. setbacks or cause a request for variances or any other adverse impact
to surrounding site or increase allowable height. if applicable.
v, No property upon which a prior approval was granted may apply for transferable
development rights unless a site plan application is made for the entire site
vi. All monies received by the City in connection with the transfer of development rights
from City-owned sites shall be utilized for capital improvements only,
Section 6.
Disqualified Land.
1. Section 515.6 should read as follows:
No transferable development rights shall be computed for any land outside the Town
Center. Business District abutting Collins A venudand the Mixed Use High Density
resort zoning districts! or for any land which has received a density or floor area
vanance.
Section 7.
Procedures Pertaining to the Transfer of Development Rights.
1. Section 515.7 should read as follows:
515,7 Procedures Pertaining to the Transfer of Development Rights,
a Application. An applicant for the transfer of development rights shall file an
application with the Planning and Zoning Director, who shall place the request on the
agenda of the City Commission, after it is determined that the application is complete
and all other requirements have been complied with. Every application shall contain
the signatures of the fee simple owners of all properties involved, a description of
adjacent lands, including land uses, densities, circulation systems, public facilities
and the impact, if any, of the transfer of development rights, The application shall be
subiect to the same notice and hearing requirements that are required for zoning
applications under the Land Development Regulations. A fee for the consideration of
this application shall be set from time-to time by the City Commission. The applicant
shall be responsible for consultant fees pursuant to Ordinance No. 2001-132. Such
application shall include the following:
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i) The application shall include plans, construction schedules, site conditions
map including a perspective and/or mass model of the proposed development
potential as compared to the development potential utilizing the proposed
transfer of development rights, status of financing, if applicable.
consideration including purchase price of the property, if applicant is a
contract purchaser and a general description of the manner in which the
project shall be construed. The plans shall include, but not be limited to, a site
plan elevation, landscaping, an area analysis of surrounding properties
including but not limited to street elevations, height of buildings, surrounding
floor area ratio and density, impact if any of the transfer of development right
to adjacent properties, copies of any covenants affecting the receiver and
sending site, and any other agreements required by the Land Development
Regulations and this Ordinance,
ii) Every application should include the signature of all fee simple owners of all
properties involved in the application (sender and receiver sites).
b. Reviewine: by Plannine: and Zonine: Director. The Planning and Zoning Director shall
review the application and shall make findings of fact and recommend the application to the
City Commission. which may approve. approve with modifications or conditions. or deny
such application. within their sole discretion.
c, Scheduline: of Hearine:. Prior to a hearing being scheduled on the eligibility of a site for
either the City's acceptance or for the transfer of development rights to a receiver site, all
documents required hereunder for the transfer of development rights including but not
limited to a current survey, appraisal and all proposed conveyance documents shall have been
reviewed and approved by City staff prior to the scheduling of any hearing.
d. Review by City Commission. The City Commission shall review the ap1Jlication and the
findings and recommendation of the Planning and Zoning Director and after notice and
hearing as required under the Land Development Regulations. sftaH may approve. approve
with modifications or conditions. or deny the application for transfer of development rights.
An approval shall be conditioned upon delivery to the City of an executed grant of easement
creating a Development Limitation set forth in Section 5 above. as a recording copies of
same together with a copy of the approval resolution in the property records for Miami-Dade
county. and may include other reasonable conditions. The City Commission shall review the
application based on the following criteria provided however. whether or not the application
is approved is solely within the Commission's discretion:
1. The project is consistent with the Comprehensive Plan and will not reduce
the levels of service set forth in the plan.
11, The project is consistent with the intent of these regulations set forth in this
Ordinance.
111. The project meets all other criteria set forth in the LDRs.
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iv, The transfer of development rights is desirable on the individual site being
considered for purposes of enhancing overall development and the sender site is
dedicated to public ownership or preserved for public purpose to a conservation
easement or other recordable mechanism, creating view corridors, improving
pedestrian environment, public right-of-way and publicly owned property,
accomplishing the public purpose that is consistent with the Comprehensive Plan and
Section 5 hereinabove. The sender site shall be dedicated to the public either by the
transfer of fee title to the City or perpetual deed restriction or easement. in a form
acceptable to the City.
111. The development on the receiving site shall be designed to produce an
environment of desirable character and harmony with the neighborhood,
resulting in a superior quality of development and open space relationships
with high standards for recreational and parking areas, The transfer of these
rights shall create a logical and superior pattern of development, which would
not otherwise occur if the property were developed without them.
If the City Commission finds the transfer of development rights on any given site meets the
foregoing criteria. it-shaH may approve. with or without conditions. by Ordinance. such
transfer.
d. Transfer Process. A hearing on the eligibility of a site to send or receive a transfer
of rights may occur simultaneously with the zoning application but the transfer may not
occur until a second public hearing has been held oeel:lrred and the City Commission has
made a determination within its sole discretion made its speeifie fiRdiRg as to all eriteria set
forth in subsectioR d hereiR aRd above. The actual conveyance shall require a separate public
hearing (second reading to be finally approved an the issuance of the ordinance approving
such transfer shall automatically change the TDR map.
e. Consultants. Hiring of consultants to review data including engineering, planning, legal,
appraisal, technical or environmental issue, shall be chargeable to the applicant in accordance
with Ordinance No, 2001-132,
f. Recordine: of Documents. Thirtv days after the passage of the Ordinance ap1>roving a
transfer of development rights. that transfer shall be recorded by the Applicant in the Public
Records of Dade County on both the sender and receiver sites and an irrevocable covenant
running against the land shall b e recorded on the receiving site including the additional
FAR. required parking and any other conditions imposed by the Commission. The owner of
the Receiver Site shall agree to bind itself. its successors and assigns of the property and
development with regard to all conditions and no changes may occur without approval by the
commission that was involved in the initial approval. In the event. no building permit is
issued within twenty-four (24) months from the date of approval. the TDRs reflected in the
public records shall be extinguished and the recorded documents shall contain a warning to
that effect so the any buyer of the property shall be so caveated,
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Section 8. TDR Bank.
1. Section 515.7.2 should read as follows:
TDR Bank
The City may create and administer a "bank" for unused development rights to facilitate the sale and
transfer development rights. The City Commission may impose a fee for banking development rights
for private developers. The administration of the bank shall be conducted by the City Manager or
designee and the procedures and charges for such administration may be established by resolution,
a. Privately owned sender sites,
Development rights that are not actually utilized from a privately owned sender site upon
conveyance of the site to the City shall be deposited in the TDR bank, Withdrawals from that
bank must occur within the five year time frame as set forth in Section 515,3 b, ii
hereinabove and such owner shall waive any all rights to assert any claim to those rights
except as specifically permitted by the terms of this Ordinance, All requirements of this
Ordinance shall be met prior to the actual transfer (withdrawal) of development rights,
b. City owned sender sites.
Upon the adoption of this Ordinance. the City shall deposit all development rights (in terms
of square footage) from its sender sites in the TDR bank for distribution and transfer in
accordance with the procedures set forth in this Ordinance subject to all limitations of this
ordinance except the five year limitation.
Section 10, Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
Section 515 of the Land Development Regulations is hereby repealed.
Section 11. Severability.
If any provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction such provision shall be deemed a separate, district, and independent provision
and such holding shall not affect the validity of the remaining provisions.
Section 12. Effective Date.
This Ordinance is effective ten (10) days after its adoption on second reading.
PASSED and ADOPTED on first reading the 28th day of August, 2003
PASSED and ADOPTED on second reading this ~ay of ~2oo3
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Janie- A. ~nes, Acting City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE: ~_o
Mayor David Samson
Vice Mayor Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Daniel Iglesias
Commissioner Lila Kauffman
Amendment of Section 515
Moved by: COMft'\l ss l e>^)~~ Goobm 410
Second by: Vi. c.E.. ~f\"/oe. tbElL.u.P
(yes) ~
(yes) V
(yes) V
(yes) v
(yes) V
10
(no)_
(no)_
(no)_
(no)_
(no)_
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