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HomeMy WebLinkAboutOrdinance 2004-193 ORDINANCE NO. 2004- /q 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-23 OF THE LAND DEVELOPMENT REGULATIONS, RELA TING TO TRANSFER OF DEVELOPMENT RIGHTS; PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR ESTABLISHMENT OF SENDER SITES, TDRS TRANSFERRED, FEES; PROVIDING FOR TDRS TRANSFERRED FROM CITY OWNED SENDER SITES; PROVIDING FOR TDRS TRANSFERRED FROM PRIV A TEL Y-OWNED SENDER SITES AND A REVISED APPLICATION PROCESS TO CONSOLIDATE THE SITE PLAN REVIEW PROCESS AND THE TRANSFER OF DEVELOPMENT RIGHTS PROCESS; PROVIDING FOR ESTABLISHMENT OF RECEIVER SITES; PROVIDING FOR FEES; PROVIDING FOR TRANSFERABLE DEVELOPMENT RIGHTS FROM CITY OWNED SENDER SITES, COST OF TRANSFERABLE DEVELOPMENT RIGHTS FROM CITY OWNED SITES; PROVIDING FOR DEVELOPMENT RIGHTS FROM PRIV A TEL Y OWNED SENDER SITES; PROVIDING FOR COST OF TRANSFERABLE DEVELOPMENT RIGHTS ISSUED BY PRIVATE OWNERS FROM PRIVATELY OWNED SENDER SITES; PROVIDING FOR DEVELOPMENT LIMITATIONS UPON RECEIVING SITES; IDENTIFYING LAND INELIGIBLE FOR CONSIDERATION AS RECEIVING SITES; PROVIDING FOR PROCEDURES PERTAINING TO THE PURCHASE OF DEVELOPMENT RIGHTS FOR USE ON A POTENTIAL RECEIVING SITE; PROVIDING FOR REVIEW AND RECOMMENDATION BY PLANNING AND ZONING ADMINISTRATOR, SCHEDULING OF HEARING, REVIEW BY THE CITY COMMISSION AND RECORDING OF DOCUMENTS; PROVIDING FOR TDR BANK; ESTABLISHMENT OF TDR BANK; DEPOSITS AND WITHDRAWALS FROM TDR BANK AND LIMITATIONS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AFTER CAREFUL CONSIDERA TION, HEREBY ORDAINS AS FOLLOWS: Section 1. Amendment of Section 265-23 of the Land Development Regulations. Section 515 of the City's Land Development Regulations is hereby amended as follows: Section 515 shall hereinafter be known as Section 265-23 of the Code of the City of Sunny Isles Beach and shall read as follows: 1. 265-23 (1). Purposes and Applicability. This section 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 the City Commission determines that (a) such transfers will assist in the renewal, rehabilitation, and redevelopment of commercial, Town Center and beachfront property and that (b) preservation and enhancement of open space, natural 02004-193 Amendment to TDRs Sec. 265-23 1 resources, historical and archeological resources, preservation of view corridors, concentration of public parking, or provision of educational or other public purpose objective may be achieved through such shifts in the development pattern. 2. 265-23 (2) Definitions: As used in this section, the following terms shall have the meanings indicated: Administrator: shall mean the Planning and Zoning Administrator. Bank Statement: shall mean the statement used to record deposits and withdrawals from the TDR Bank, as herein defined, in accordance with this Section. Comprehensive Plan: The Comprehensive Plan of the City of Sunny Isles Beach, Florida, as adopted October, 2000. LDR: Land development regulations of the City of Sunny Isles Beach, adopted August 15 2003, as the same may be amended from time to time, consistent with 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. Sending Districts: Any areas 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 that may be transferred from the land from which the right is severed (sender site) to another piece of land (receiver site). Once severed, if only a portion of the development rights attributable to a sender site is transferred to a receiving site, the remaining development rights may be deposited in a TDR Bank in accordance with the provisions of this section. Development rights transferred shall be composed of square footage and units and may be made through gift or sale of those units. These rights are sometimes referred to herein as "TDR'S". 3. 265-23.3 Establishment of Sending and Receiving Sites; TDRs Transferred; Fees. a. Establishment of Sender Sites. Any property in any zoning district, upon the approval of the City Commission, in its sole discretion, after a public hearing, may be eligible as a sending 02004-193 Amendment to TDRs Sec. 265-23 2 site, subject to the terms, conditions and limitations of this Ordinance. b. TDRs transferred from_City Owned Sender Sites. Upon the adoption of this Ordinance, the City shall deposit all development rights (in terms of square footage and units) from its sender sites in the TDR Bank for distribution and transfer in accordance with all of the procedures and limitations of this ordinance except the five year limitation set forth in Sec. 23.3(c)(5) below. 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. 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. c. TDRs Transferred from Privately-Owned Sender Sites. (1) Application Process. Owner of prospective sender site shall submit a complete application to the City Planning & Zoning Administrator. A complete application shall include but not be limited to: the applicable fee, names, addresses and signatures of all fee simple owners of the prospective sender site (which shall require disclosure of ownership as more fully set forth in Section 7 (a) of this Ordinance), a current survey, current environmental audit, a deed conveying good, marketable and insurable title and a commitment of title insurance, all in a form acceptable to the City Attorney, and such other materials that staff may reasonably request. Staff shall review the application, prepare written findings and recommendations, and place the application on the City Commission agenda for its consideration at a public hearing. The application shall be subject to the same notice and hearing requirements required by the LDR's for zoning applications. (2) Public Hearing. After a public hearing, the City Commission shall determine, in its sole discretion, whether the proposed sending site is acceptable for use by the City, in accordance with the expressed intent of this Ordinance. (3) Conveyance of Privately Owned Sender Sites to City. Upon approval by the City Commission the sender site shall be conveyed to the City unencumbered, free and clear of any or all liens and mortgages, after correction of title defects and outdoor code violations, if any and payment of any outstanding fines or fees owed to the City, all in a manner and form acceptable to the City Attorney. All taxes, fees and all other charges, including but not limited 02004-193 Amendment to TDRs Sec. 265-23 3 to assessments, on an approved sender site shall continue to be paid by the owner until the date the title is conveyed to the City. After title to the approved sender site has been conveyed to the City in the manner described in this subsection, the City shall authorize the release of the TDR's and shall record such release in its records and in the Public Records of Miami-Dade County, Florida, as set forth herein. No use shall be made of the TDR's from the approved sending site until documentation evidencing such release ofTDR's has been recorded. (4) Development Limitations on Privately Owned Sender Sites. The approved sender site shall then remain undeveloped forever, except where development accomplishes a public purpose consistent with the Comprehensive Plan. Such allowable development includes, but is not limited to, the creation of public parks, Baywalks, 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 265-29(13)(4) hereinbelow, as may be amended from time to time. (5) Limitation on use of TDRs from Approved Sender Sites. The owners, successors, heirs or assigns of approved sender sites will be permitted to bank, in accordance with section 265-23.7.2 hereunder, any Development Rights from the sender sites for a five (5) year period from the date of the City Commission meeting at which the subject site was approved as a sender site. At the expiration of the five (5) year period, the TDR's from the approved sender sites shall expire and become extinguished and unusable. d. 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 Districts. 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. 02004-193 Amendment to TDRs Sec. 265-23 4 e. Fees. Application fees for consideration of applications for establishment of sender sites and receiver sites and for TDRs shall be established by the City Commission. The applicant shall be responsible for all applicable application. 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. 4. 265-23.4 Calculations. a. Transferable Development Rights from City owned Sender Sites: In the case of City owned sites, calculations will be based on the zoning permissible at the time of incorporation and prior to the City's acquisition of the site for public purposes. The square footage of 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 sending site. Only whole units may be purchased and transferred to the receiving site. The foregoing, however, is subject to all limitations set forth herein and in the City's Comprehensive Plan. b. Cost of Transferable Development Rights from City owned Sites: At the time of approval of the TDRs, the City Commission may consider the acceptance of the appraised land value for the receiving site as follows: the cost for a square foot of development right shall be determined by the market value of the receiver site as determined by a current real estate appraisal prepared for the City by an appraiser, selected by the City Manager, but paid for by the owner of the receiving 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 TDR Bank, as described herein, the formula set forth in 265-23.4(a) above shall be applied to the totality of the banked square footage divided by the allowable density based on the underlying zoning. c. Transferable Development Rights from Privately Owned Sender Sites. In the case of privately owned sites, the City shall determine the floor area ratio and density on the site based on the existing zoning. In cases where a privately owned site of greater than three (3) acres of frontage along Collins Avenue, in the Town Center, is offered to the City, for the purposes set forth herein, the City may accept said sender site and may provide to the owner the maximum density of 80 units per acre and a maximum floor area ratio of 3.75 provided the owner of the sender site shall either commit to provide public improvements in accordance with a design approved by the City Commission or shall fund said improvements as a condition of and no later than the actual transfer of the TDRs. Notwithstanding anything to the contrary, the property owner rendering the site shall have up to five (5) years to utilize such development rights in accordance with Section 3 c. (5) hereinabove. It is understood that the development rights to be transferred to a receiving site shall be approved by the City Commission through the site plan approval process as specified herein. 02004-193 Amendment to TDRs Sec. 265-23 5 d. Cost of Transferable Development Rights Issued by Private Owners From Privately Owned Sender Sites: The price of TDRs from approved privately owned sender sites shall be determined by the private owners. 5. Section 265-23.5 a. Development Limitations Upon Receiving Sites. 1. 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 Bet 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. Furthermore, 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 site based on the base floor area ratio plus bonuses allowable at the time of the adoption of the Land Development Regulations. 11. Parking and all other requirements of the LDRs shall be required m 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 rendition of the authorizing City Commission resolution, or all such TDR's 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 zoning approval was granted may apply for transferable development rights unless a site plan application is made for the entire site. 02004-193 Amendment to TDRs Sec. 265-23 6 6. Section 265-23.6 Land Ineligible for Consideration as Receiving Sites. No transferable development rights shall be computed for any land outside the Town Center, Business District abutting Collins A venue and the Mixed Use High Density resort zoning districts/ or for any land which has received a density or floor area variance. 7. Section 265-23.7 Procedures Pertaining to the Purchase of Development Rights For Use on a Potential Receiving Site. a. Application. An applicant for the transfer of development rights to a potential receiving site shall file a complete application with the Planning and Zoning Administrator, together with a complete site plan application. i) Every application shall contain: a) the names, addresses and signatures of all fee simple owners of all properties included in the receiving site. "Fee simple owner," for the purpose of this requirement, shall be defined as all parties having a financial interest, either direct or indirect, in the subject matter of the application. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in all properties involved. b) the street address, folio number and legal description of each parcel of land included in the potential receiving site, a description of adjacent lands, including land uses, densities, circulation systems, public facilities and the impact, if any, of the requested transfer of development rights. c) a current survey, plans, including but not 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 and construction schedules; d) a site conditions map including a three dimensional model of the proposed development potential (site plan) without TDRs and a separate three dimensional model showing the development potential utilizing the proposed transfer of development rights; e) status of financing, if applicable; evidence of ownership; t) amount of consideration, including purchase price of the property, an executed closing statement, or, an executed copy of the purchase and sale contract if Applicant is a contract purchaser; g) a general description of the manner in which the project shall be constructed, impact if any of the transfer of development right to adjacent properties, copies of any covenants affecting the receiver and sending sites; and 02004-193 Amendment to TDRs Sec. 265-23 7 h) any other agreements required by the Land Development Regulations and this Section or that may be reasonably requested by the City Manager or other reviewing agencies. b. Review and Recommendation by Planning and Zoning Administrator. The Planning and Zoning Administrator shall review the application and shall forward its written findings of facts and recommendations to the City Commission together with all site plans. The application shall be subject to the same notice and hearing requirements applicable to zoning applications under the Land Development Regulations. c. Scheduling of Hearing. Prior to the scheduling of a hearing to consider a potential sending site, or to consider the transfer of development rights to a receiver site, all required documentation and all required fees, as described in this Section, shall have been submitted to the City in a timely fashion and reviewed and approved by City staff. d. Review by City Commission. The City Commission after reviewing the application and the written findings and recommendations of the Planning and Zoning Administrator may, in its sole discretion, approve with modifications or conditions, approve less than the full amount of requested TDRs, in which case the Applicant shall return to the City Commission with revised site plan for its further consideration or deny the application for transfer of development rights. The issuance of a resolution approving such transfer shall automatically change the TDR Bank Statement. The City Commission shall review the application based on the following criteria, provided however that approval of the application, in whole or in part, 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 this Ordinance entitled "Purposes and Applicability." 111. The project meets all other criteria set forth in the LDRs. 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 this Ordinance. The sender site shall be dedicated to the public by the transfer of fee title to the City in a form acceptable to the City. v. The development on the receiving site shall be designed to produce an environment of desirable character and harmony with the neighborhood, resulting 02004-193 Amendment to TDRs Sec. 265-23 8 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. It is understood in the case of privately owned sending sites that are donated to the City, if the TDRs from that site are banked in the TDR Bank more particularly described in Section 8 hereinbelow, subject to all applicable conditions, limitations and other criteria, including but not limited to those contained in the Comprehensive Plan and this Ordinance, applications for approval of developments using development rights withdrawn from the TDR bank account of a sender site donor through the site plan approval process, shall be approved by the City Commission using good faith. e. Recording of Documents. Prior to issuance of a building permit, documentation evidencing the transfer shall be recorded against the titles to both the sending and receiving sites, as may be applicable, in the Public Records of Miami-Dade County, Florida. An irrevocable covenant running against the receiving site, which shall include the additional FAR(TDR), required parking and all other conditions, restrictions, and obligations imposed as conditions of the approval by the City Commission and the LDRs, shall be recorded against the title to the receiving site, in the Public Records of Miami-Dade County, Florida. The covenant and all other documents recorded pursuant to this Section shall include a warning that the approval of the TDRs shall be extinguished, become null and void and shall be of no further force nor effect in the event no building permit is issued for the receiving site within twenty-four (24) months from the date the Resolution is rendered, and shall contain a statement by which the owner(s) of the receiver site shall agree to bind itself, its successors and assigns with regard to all conditions, restrictions, and obligations contained therein, and, further, shall include a statement prohibiting any changes, amendments, modifications or releases to the document without the prior written approval of the City Manager and the City Attorney after approval by the City Commission at a public hearing. All documents recorded pursuant to this section shall be in a form acceptable to the City Attorney and shall be recorded at the expense of the applicant. Copies of documents recorded pursuant to this Section shall be delivered to the City by the applicant. 8. Section 265-23.7.2 TDR Bank; Establishment of TDR Bank; deposits and withdrawals from TDR Bank; Limitations; The City Commission may by resolution adopt procedures for the establishment of a "TDR Bank" (the Bank") which shall be maintained and conducted by the City Manager or its designee for the deposit and withdrawal/purchase by private developers of development rights. A fee shall be established by resolution to be paid by the depositor or purchaser for each transaction. No one applicant may purchase more than 50,373 square feet of City-owned TDRs remaining in the Bank at the time of application and further providing that no less than 100,000 square feet of 02004-193 Amendment to TDRs Sec. 265-23 9 City-owned transferable development rights shall remain in the bank for potential future use by the City for the specific benefit of the City and for City-designated purposes. A developer may purchase TDRs from the TDR Bank only pursuant to a City Commission resolution issued by the City Commission in its sole discretion pursuant to Sec. 265-23.7 and all other applicable provisions of this Section. The Bank Statement attached as Exhibit "A" to each City Commission resolution authorizing the TDR's shall reflect approved sites and the units of TDR's attributable to each site. The Bank Statement shall be amended administratively and dated each time transfers are made in accordance with this Section. a. Privately owned sender sites. Development rights not utilized at the time title to a privately owned sender site is conveyed to the City shall be deposited in the TDR Bank as provided in this subsection. Withdrawals from the Bank must occur no later than five (5) years after the initial deposit is made, in accordance with Section 265-23.3 (c)(5) hereinabove. 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 Ordinance. All requirements of this Section shall be met prior to the actual transfer (withdrawal) of development rights. Section 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed except that this amendment shall not apply to previously approved TDR's which transfers shall be accomplished in accordance with the terms of the ordinance in effect at the time of said transfer. Section 3. 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 4. Effective Date. This Ordinance is effective ten (10) days after its adoption on second reading. PASSED and ADOPTED on first reading the ~~ay of, \~ ' 2004. PASSED and ADOPTED on second reading this l<1~ay of F~~, 2004. 02004-193 Amendment to TDRs Sec. 265-23 10 ATTEST: '~~AzL Jane A. Hines, CityClerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: Co YY\ h\ l s.~ f O~ f-.n, fSR~ 2.1 A..l Second by: Co VV\ ~l S<;i bfV<CJ2. TMLE~ VOTE: 5--0 Mayor Norman S. Ede1cup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Daniel Iglesias Commissioner Lewis Thaler (yes) -1L. (yes) V (yes) V (yes) ~ (yes) ~ 02004-193 Amendment to TDRs Sec. 265-23 (no)_ (no)_ (no)_ (no)_ (no)_ 11