HomeMy WebLinkAboutOrdinance 2005-230
ORDINANCE NO.)005- 2 ~O
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE
NO. 2004-218. AMENDING SECTION 265-23 OF THE LAND
DEVELOPMENT REGULATIONS, RELATING TO TRANSFER
OF DEVELOPMENT RIGHTS; PROVIDING FOR REVISED
DEFINITIONS; PROVIDING FOR AMENDMENTS TO THE
PROVISION ON TDRS TRANSFERRED FROM A-CITY:-OWNED
SENDER SITES; PROVIDING FOR AMENDED DEVELOPMENT
LIMITATIONS ON TDRS TRANSFERRED FROM PRIV ATEL Y_
OWNED SENDER SITES; PROVIDING FOR A CLARIFICATION
TO THE PROVISION ON TDRS FROM A PRIVATELY:-OWNED
SENDER SITE TO A PRIVATELY:-OWNED RECEIVER SITE;
PROVIDING FOR CLARIFICATIONS TO DEVELOPMENT
LIMITATIONS UPON RECEIVING SITES;_PROVIDING FOR
AMENDMENTS TO THE REVIEW PROCESS BY THE CITY
COMMISSION AND RECORDING OF DOCUMENTS;
PROVIDING FOR AN AMENDMENT TO THE ZONING IN
PROGRESS PROVISION AND THE TDR BANK PROCEDURES
AND LIMITATIONS; PROVIDING FOR A REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City's Transfer of Development Rights Ordinance (the "TDR
Ordinance") describes a relatively novel concept and is a still evolving "work in progress;" and
WHEREAS, as the City continues to be developed, open space, parks and recreational
facilities, and parking for those facilities remains an immediate and pressing need of the City
and that need can be met through this TDR Ordinance.
WHEREAS, complex and creative permutations of the original concept and rationale
for the Ordinance are being suggested at the same time that the language and intent of the TDR
Ordinance are being studied and applied for the first time, and any ambiguities during the
application process shall be resolved in a manner which is in the best interests of the City and
its residents; and
THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AFTER CAREFUL CONSIDERATION, HEREBY ORDAINS AS
FOLLOWS:
Section 1.
Amendment of Section 265-23 ofthe Land Development Regulations.
Section 265-23 of the City's Land Development Regulations is hereby amended as follows:
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1. 265-23.1 flt.--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 resources,
historical and archeological resources, preservation of view corridors,
concentration of public parking, ef-provision of educational or other public
purpose objective may be achieved through such shifts in the development
pattern.
2. 265-23.2 f2t. Definitions~-;-
As used in this section, the following terms shall have the meanmgs
indicated:
Administrator: shall mean Ithe Planning and Zoning Administrator.
Bank Statement: shall mean --.Ithe 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.
LDRs: Land deyelopmeat Development regulations Regulations of the City
of Sunny Isles Beach, adopted December 10, 2002, as the same may be
amended from time to time, consistent with the Comprehensive Plan of the
City of Sunny Isles Beach.
Receiving DistrietsSites (also referred to as "Receiver Sites"): 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 Sites (also referred to as "Sender Sites~: Any areas within the
corporate boundaries of the City that are permitted to transfer development
rights as permitted by and as set forth herein provided that such site shall be
deemed by the City Commission to be appropriate or advisable for use as
open space, parks, park amenities or recreational facilities or parking for those
facilities (hereinafter individually and collectively referred to as "a park': or
:parks" as the case may be.~). Any site to be used for any purpose other than a
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park may not be treated as a Sender Site as defined herein and no transferable
development rights may be calculated and transferred therefrom.
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, also referred to in this Section 265 23 as "sending site")
to another piece of land (Receiver Site, also referred to in this Section 265 23
as "receiving site"). Once severed, all TDRs are technically deemed
deposited in the TDR Bank but thereafter, if only a portion of the
development rights attributable to a Sender Site is transferred to a
RFeceivertng .s.site, the remaining development rights may be remain
deposited in a TDR Bank in accordance with the provisions of this section
Ordinance. Transferable Development Rights means the maximum floor area
ratio (square footage) and density (dwelling units) exclusive of variances that
would be permitted to be transferred by the property's zoning on the date of
the transfer approval which will be calculated and allocated by a formula
developed by the City. These rights are sometimes referred to herein as
"TDRs:.
TDR Bank: The record maintained by the City for the deposit and
withdrawal/purchase ofTDRs.
3. 265-23.3 Establishment of 8eDdiDg Sender aDd ReeeiviDg Sites.:t
TDRs TraDsferred; Fees.
a. 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 .s.sending .s.site,
subject to the terms, conditions and limitations of this Ordinance~
a.
b.
b. _TDRs Ttransferred from City:-Owned Sender Sites.
Upon the adoption of this Ordinance, the The City shall deposit all
development rights (in terms of square footage and dwelling units)
from its Sender Sites as they are defined hereunder in the TDR Bank
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for distribution and transfer in accordance with all of the procedures
and limitations of this OBrdinance except the five year limitation set
forth in gee. 23.3 c.(5)Section 265-23.36(cb)(6) below and specifically
as limited by the following:
(1) _All monies received by the City in connection with the transfer
of development rights from City-owned sites shall be utilized
for capital outlays and improvements only.
(2)_ In no case shall the transfer of any TDR'sTDRs from a City:
QQwned ~Site currently designated as park sites interfere with
the use of those public parks and said parks shall forever
remain as public parks.
(3) _TDRs may not be transferred from any parks that existed
within the boundaries of the City on the date of the City's
incorporation, provided however, TDRs from properties
acquired by the City subsequent to the date of incorporation
and which were or will be developed and utilized as parks shall
be calculated based on the underlying zoning existing at the
time of the City's acquisition of said parks, and may be severed
and transferred from those such sites acquired by the City to
the TDR Bank for subsequent sale or use by the City.
c. TDRs TraBsferred from Privately-Owned Sender Sites.
(1) Application Process for Sender Sites.
The
QQwner 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 +--faj265-23.61(a) of this Ordinance), a certificate of
resolutions and agreements from Miami-Dade County, 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. After
all required documentation and all required fees have been
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submitted to the City in a timely fashion, staff shall review the
complete 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.
(1) Establishment ofTDR~;
(2) Establishment ofTDRs
(a) The City shall determine the floor area ratio and density
on the proposed site based on the existing zoning at the
time the application is filed.
(b) In cases wWhere a privately--owned Sender Ssite with
froHtage along Collins }..venue within the Town Center is
offered to the City as a Ssender Ssite, the City
Commission, in its sole discretion, maywill consider
accepting said Ssender Ssite and ffiaVmay provide to the
owner the maximum density of 80 units per acre and a
maximum floor area ratio of3.75 provided:
(i) the application of this provision shall not increase the
overall density on any given site in violation of the
terms of the Comprehensive Plan, and
(ii) provided the owner of the Sender Site shall, as a
condition of, and no later than! the actual transfer of
the TDRs, either commit to provide public
improvements in accordance with a design approved
by the City Commission, or, shall fund -said those
improvements.
ffi(3) 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.
ffi(4) Conveyance ofPrivately:-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
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other charges, including but not limited 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'sTDRs 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'sTDRs from the approved .s.senderffig .s.site until
documentation evidencing such release of TDR'sTDRs has
been recorded.
f4-t( 5) Development Limitations on Privately.:-Owned Sender Sites.
The approved Sender Site shall then remain undeveloped
forever except as a park.
~(6) Limitation on use ofTDRs from Approved Sender Sites.
The owners, successors, heirs or assigns of approved .s.sender
.s.site will-shall be permitted required to bank, in accordance
with section 265 23.7.2Section 265-23.6fbt-Lhereunder, aftY
all Transfcrable Development Rights TDRs from the .s.sender
.s.site. The banked TDRs may be withdrawn only in
compliance with the provisions of this Oerdinance within a
period of no more than fef--tr-five (5) year~ period from the
date of the City Commission meeting at which the subject site
was approved as a .s.sender .s.site. At the expiration of the five
(5) year period, the TDR'sTDRs from the approved .s.sender
.s.site shall expire and become extinguished and unusable.
d. 265.23.4 Establishment of Receiver Sites~f
a. Elie:ible Receiver Ssites.
All property within the Town Center, Business District abutting
Collins Avenue and the Mixed Use High Density/Resort zoning
districts are herewith established as Receiver DistrietsSites. Receiver
Sites (also referred to in this Section 23 as "reeeiviflg 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 and
subject to Section 265.23..s-4-1QLhereinbelowherein below. If an
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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 or abandoned by
the Applicant and a new development order is secured hereunder.
b. Development Limitations Upon Receivin2: Sites.
(1 ) Development rights on a RFeceiving Ssite shall be limited by a
combination of the underlying zoning regulations, approved
bonuses and allowable development rights transferable to the
land in the Receiving Sites. Notwithstanding anything to the
contrary, and in accordance with the Comprehensive Plan,
neither the transferable density or intensity of permitted uses
shall Hffi-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 Rfeceiving Ssite shall not exceed thirty
percent (30%) of the base floor area ratio plus bonuses
allowable on the RFeceiving Ssite pursuant to baOO
Development Regulations the LDRs in effect at the time
application is filed.
(2) Parking and all other requirements of the LDRs shall be
required in accordance with any additional density acquired
through the transfer of development rights. If a property o\vner
of a Receiver Site avails itself of the parkin€: buy dovm
provided in Section 265 16A(2) (b), that calculation shall bc
made on the base zoning plus bonuses but shall not include
TDRs.
(3) All TDRs purchased or transferred shall be used within 24
months from the date of rendition of the authorizing City
Commission resolution, or all such TDRs shall thereafter be
fully extinguished and there shall be no refunds from the City.
(4) The transfer of development rights to a RFeceiving Ssite shall
not decrease required open space, buffers, setbacks or cause a
request for variances or any other adverse impact to
surrounding sites or any increase to allowable height. if
applicable.
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(5) No property upon which a prior zoning approval was granted
may apply for transferable de'/elopment rightsTDRs -unless a
site plan application is made for the entire site.
(6) In no event shall a site plan on a Receiver Site be approved
with any structure exceeding 550 feet stories in height.
(7) The foregoing is subject also to all other requirements of this
Ordinance.
d. Land Inelh!ible for Consideration as Receivine: Sites.
No transferable development rights TDRs shall be assigned or
transferred to any land outside the Town Center, Business District
abutting Collins Avenue and the Mixed Use High Density resort
zoning districts or for any land which has received a density or floor
area vanance.
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 fees. 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 CaleulatioBs.Calculation and Costs.
a. _TraBsf-erable DevelopmeBt Rights from City oWBed SeBder
SHesfCalculation of Density and Intensitv for TDR Bank Calculation.
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 .s.sending .s.site
by the permitted density on said .s.sending .s.site. This calculation will
yield a square foot per unit constant. Withdrawals from the TDR
Shank shall result in a simultaneous decrease in square footage and
units so that both square footage and density will reach zero at the
same time. Only whole units may be purchased and transferred to the
Rfeceiving .s.site. The foregoing, however, is subject to all limitations
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set forth herein and in the City's Comprehensive Plan.
b. _Cost of Transferable Development Rights from City:-Oowned
Sites:
{1 }- _Appraisal.
-=At the time of approval of the TDRs, the City Commission
may-shall consider the acceptance of the appraised land value
for the Rreceiving Ssite as follows: the cost for a square foot
of development right shall be determined by the market value
of the Receivingef Site as determined by a current real estate
appraisal (updated no more than three months from date the
application is heard at a public hearing) prepared for the City
by an appraiser, selected by the City Manager, but paid for by
the owner of the Rreceiving Ssite. The appraisal amount shall
then be divided by the permitted floor area ratio including
bonuses on the Receiver Site. Since the issuance of Ceity-
owned TDRs shall be from a TDR Bank, as described herein,
the formula ~set forth in 265 23.1(a) above shall be applied
shall be te-the totality of the banked square footage divided by
the allowable density based on the underlying zoning.
(2}- _Non-Refundable Deposit.
-Approval of Receiving Site shall be subject to payment of a
non-refundable deposit of ten (10%) per cent (10%) of cost of
City-owned TDRs, which shall be paid within three (3)
working days of date of City Commission approval of the
application. Failure to make such deposit within the prescribed
time frame shall result in an automatic voiding of the City
Commission approval.
e. TraBsferahle DevelopmeBt Rights from a Privately OWBed SeBder
Site; Reeeipt of TDRs hy a Privately OWBed Reeeiver Site.
1. In the ease of privately oV/Hed sites, the City shall determine the floor area
ratio and density on the site based on the existiHg zoning. In eases where a privately
owned site of greater than three (3) acres of frontage along Collins ",-yenue, in the
Tov,TI Center, is off'6red to the City, for the purposes set forth herein, the City may
accept said Sender Site and may pro,tide 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 publie improvements in aeeordance ''lith a
design approyed by the City Commission or shall fund said improvements as a
condition of and no later than the actual transfer of the TDRs. Notwithstanding
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anything to the cOFltrary, the property owner conveying the approyed Sender Site
shall have up to five (5) years to litilize such de'ielopment rights iFl aecordaFlee with
Section 3 c. (5) hereiFlabove. It is linderstood that the development rights to be
transferred to a receiving site shall be approyed by the City Commission through the
site plan approval process as specified herein and as otherwise proyided in this
Section 265 23.
2. No Receiver Site, or site plan on that Receiyer Site, may be approyed by
the City Commission ooless a Sender Site has been first been identified and approved
by the City Commission, or the o....mer of the Receiver Site commits to purchase
TDRs from the City iFl accordance with SeetioFl 265 23.1 above, or the o",mer of the
Receiver Site commits to purchase TDRs already deposited in the TDR Bank from a
pri'iately owned Sender Site. The formal approval by the City Commission of the
transfer of the TDRs ':;nether from a privately owned Sender Site, City ovmed TDRs
or TDRs from a privately ovmed Sender Site, already deposited in the TDR Bank,
shall occur simultaneously ',vith the approval of the Receiver Site's site plan although
the actual transfer may occur later but iFl no event may a bliildiFlg permit on the
Recei'.'er Site issue until sueh traFlsfer has acrnally oeeurred and been doeumel'lted as
pro'/ided hereinbelo'.v.
doc. _Cost of Transferable Development Rights Issued by Private
Owners From Privately Owned Sender Sites.:f
The price of TDRs from approved privately:-owned Sender Sites shall
be determined by the private owners.
5.Seetion 265 23.5
a. De~/elopment Limitations Upon Reeeiving Sites.
(i) 'Nithin the Reeeiving Districts, development rights shall be limited by a
combiaation of the l:lFlderlying zOFling regulations, approved bonuses aFld
allowable de'ielopment rights transferable to the land in the Receiving
Districts. Notv/ithstanding aFlything to the contrary, and in aceordance with
the Comprehel'lsive Plan, neither the transferable density or intensity of
permitted uses shall not exceed thirty percent (30%) of the maximlim
residential density permitted Ol'l the Receiver Site and in FlO case shall the
resulting density bOffils increases on any given Receiver Site exceed the
number of dwelliRg units attaiFlable on the Sender Site(s) under these plan
pro'/isions so as to aSSlire RO net iFlcrease in City wide residential dV/elling
unit Comprehensive Plan eapacities. 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 allo'Nable at the time of the
LaRd De'.'elopmeFlt Regulations in effect at the time of application.
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(ii) Parking and all other req1:1ireme1'1ts of the LDRs shall be required in
accorda1'1ce with any additio1'1al density acquired throligfl the transfer of
development rights. If a property O'.vner of a Receiver Site avails itself of the
parking bay down provided in Seetion 265 16A(2) (b), that calcliIatio1'1 shall
be made 01'1 the base zoni1'1g plus bonuses but shall 1'1Ot inelude TDRs.
(iii) }JI TDR's purchased or transf'8rred shall be used '.vithin 21 months from the
date of rendition of the authorizing City Commission resolution, or all such
TDR's shall thereafter be fully extinguished and there shall be no refunds
from the City.
(iy) The transfer of deyelopment rights to a receIvmg site '.vill not decrease
required open space, buff-ers, setbacks or cause a request for yariances or any
other adverse impact to surrounding site or increase allowable height, if
applicable.
(,,') No property upon v,'hich a prior zoning appro';al was granted may apply for
transferable development rights l:lflless a site plan application is made for the
entire site.
(vi) In no eyent shall a site plan on a Receiyer Site be approyed with any structure
exceeding 550 feet stories in height.
5.Section 265 23.6
Land Ineligible for Consideration as Receiving Sites.
No transferable de','elopment rights shall be assigned or transferred to any
land outside the Tov,'n Center, Business District abutting Collins ^ venue and
the Mixed Use High Density resort zoning districts'! or for any land \vhich has
received a density or floor area variance.
7. Section 265-23.+-6~
Procedures Pertaining to the Approval of Development Rights For Use on
a Potential Receiving Site.
a. Application:...-.----No Receiver Site, or site plan on that Receiver Site,
may be approved by the City Commission unless a Sender Site has
been first been identified and approved by the City Commission, and
(n ef the owner of the Receiver Site commits to purchase TDRs from
the City in accordance with Section 265-23.4(b) above, or (ii) the
owner of the Receiver Site commits to purchase TDRs already
deposited in the TDR Bank from a privately--owned Sender Site. The
formal approval by the City Commission of the transfer of the TDRs
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whether from City-owned TDRs or TDRs from a privately--owned
Sender Site, already deposited in the TDR Bank, shall occur
simultaneously with the approval of the Receiver Site's site plan
although the actual transfer may occur later, but in no event may a
building permit on the Receiver Site be issued ffisHe-until such transfer
has actually occurred and been documented as provided herein below.
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
and all requirements contained in Section 265-18 including but not
limited to:
i 1 ) Every application shall contain, as applicable:
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
Rfeceiving .s.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 certified 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 (both models
shall be constructed of balsa wood, foam board,
corrugated or like material);
-e) status of financing, if applicable; evidence of
ownership;
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-f) _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 Rfeceiving .s.site(s); and
h)_ any other agreements required by the -baftEl
Development RegulationsLDRs and this Section or that
may be reasonably requested by the City Manager or
other reviewing agencies.
b. _Review and Reeommendation by Planning and ZaRing
Administrator. The Planning and Zoning Administrator shall review
the application and shall forward its \witten findings of facts und
recommendations iLto 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 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 and Approval by City Commission. The City Commission
after reviewing the application und 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.
fi}!.lh..-It is understood that until a transfer of development rights is so
approved by the City Commission, said TDRs have no intrinsic
or inherent value and cannot be considered as a "matter of
right" in the valuation of any potential Sender or Receiver Site.
Further, such transfers are subject to all the terms and
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limitations of this Ordinance. It is solely the final approval by
the Qtt.. Commission, in its complete discretion, and based on
the criteria set forth herein, that gives rise to any value for
TDRs.
W.!11:-A resolution authorizing the withdrawal and transfer of TDRs
from the TDR Bank must be issued prior to such transfer, but,
once adopted, the transfer shall automatically change the TDR
Bank Statement to reflect the approved transaction subsequent
to the mandatory recording of such resolution by the City in the
Official Records of Miami-Dade County, Florida, designed to
both evidence and ensure the severance of said zoning rights
from Sender Site and the accrual and accumulation of those
development rights to the Receiver Sites or deposit of same in
the TDR Bank. If the TDRs are purchased directly from the
TDR Bank, the procedures set forth in Section 265-
23.8a.(iii)7(a)(2) 6(a)3 shall be followed. The issuance of a
resolution approving such transfer shall automatically change
the TDR Bank Statement.
(fHBlh The City Commission shall review the application for
TDRs based on the f{)llowingthe following criteria, provided
however that approval of the application, in whole or in part, is
solely within the City Commission's discretion:
a}- The project is consistent with the Comprehensive Plan and
will not reduce the levels of service set forth in the plan.
b}- The project is consistent with the intent of this Ordinance
entitled "Purposes and Applicability."
c}- The project meets all other criteria set forth in the LDRs.
d}- The transfer of development rights is desirable on the
indi',idual R.Feceiver Ssite being considered for purposes of
enhancing overall development.
e}- 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.
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
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the Public Records of Miami-Dade County, Florida and an irrevocable
covenant running with the land, 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
Rfeceiving S.site, -in the Public Records of Miami-Dade County,
Florida. The covenant and all other documents recorded pursuant to
this Seetion 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
Rfeceiving s.site within twenty-four (24) months from the date the
Resolution 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.
f. _Zoning in Progress. Notwithstanding Section 2 hereinbelow or any
other provision to the contrary in the Land Development Regulations,
all applications for transfers of development rights shall be subject to
all of the terms and provisions of the TDR ordinance in effect at the
time the application is filed. Notwithstanding the foregoing, with
respect to bank calculations, unless a site plan has already received
Commission approval, all applications (even if filed) shall be subiect
to the methods of calculating TDRs described in this amendment
(5/13/05) after first reading of said amendment. ~
8. Section 265-23.768_
TDR Bank; Establishment of TDR Bank; Ddeposits and Wwithdrawals
from TDR Bank; Limitations;
fa-=---t TDR Bank. The City Commission may by resolution adopt
procedures for the establishment of a ~TDR Bank" (the :Bank")
which shall be maintained and operated by the City Manager or its
designee.. for the deposit and withdrawal/purchase by private
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developers of development rights and shall be retroactive to all TDR
transactions.
.u(i) _A fee shall be established by resolution to be paid by the
depositor or purchaser for each transaction.
(~H) _The TDR Bank Statement attached as Exhibit "A" to each City
Commission resolution authorizing the TDR'sTDRs and the
deposit or withdrawal of development rights -shall reflect
approved sites and the units ofTDR'sTDRs attributable to each
site. The TDR Bank Statement shall be amended
administratively and dated each time transfers are made in
accordance with this Sectionsection.
(Jffi) 'Nith respect to a purchase of TDRs from a priyately o'Nned,
pre'/iously approyed Sender Site (as opposed to the portiofl of
City owned TDRs), a A purchaser may withdraw sai4-TDRs
from the--a private TDR Bank pursuant to the original City
Commission approval of a Receiver and Sender Site. The
adoption of this withdrawal and transfer resolution is
ministerial and may not be withheld by the City Commission in
accordance with this section unless the terms and conditions of
the original approvals have not been met (or otherwise waived)
or the City has not received a written and notarized
authorization from the owner of the Sender Site (and seller of
all TDRs severed therefrom) and an indemnification and hold
harmless of the City from both seller and purchaser as to any
and all claims that may arise between the private parties as a
result of such transaction. With respect to a purchase of TDRs
from the City, a purchaser may withdraw same-=from the TDR
Bank pursuant to a City Commission resolution issued by the
City Commission in its sole discretion in accordance with this
Section.
b. _Time Limitations on Private TDR Transactions.
All development rights from an approved privately:-owned Sender Sites
conveyed to the City shall be deposited in the TDR Bank as provided
in this subsection. Withdrawals of TDRs from the TDR Bank must
occur no later than five (5) years from the date of the City Commission
action approving the applicable .s.sending .s.site in accordance with
Section 265-23.3-(c)(~Q) 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
from the TDR Bank.
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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'sTDRs 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 ~day of ml4Y ,2005.
PASSED and ADOPTED on second reading this ~day of ~U ^' ~ ,2005.
ATTEst:
.dfltv..'A ..~
Jane A. Hines, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~1t.Jf~'
Enca N. Wright, Acti g CIty Attorney
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Moved by: ~g,.Sho~ 1AL .IGL~I-ItS'
Second by: V\LLW\~OY" -rH-#\-Lt~
VOTE: 5-0
Mayor Norman S. Edelcup
Vice Mayor Lewis Thaler
Commissioner Roslyn Brezin
Commissioner Gerry Goodman
Commissioner Daniel Iglesias
(yes) ----1.L (no)_
(yes)~ (no)~
(yes) V (no)_
(yes) Z/ (no)_
(yes)~ (no)_
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