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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: 02004212 }\md TDRs See. 26S 23U:\Citv Clerk\Ordinances\Drafts\Draft 0200S- TDR Amend 02004-218 Marked 1 2nd Rdg.docU:\;',TTORNEY\.^.ssig::R1neflts'200S\.^.OS RevisiElflS to OrdialHice Ne 2004 212 (TDR Ordiaaace)\w02 TDRamendeaordiaiance chaages S 9 OS Shellev.aocC:\DocHmeats aaa Settiags\sl-lelle','\Lecal Settings\Temp~rarv latemet Files\OLK92'?....02 TDR-am.cadeaElrdiniaaee cfumees S 905.aecU:\ATTORNEY\,^.ssigarncnts\200S'A05 Revisions to Ordinance No 2004 212 (TDR Ordinaace)\w02 TDRameaEleaerdiniaRce chances El'l'N S S OS.docC:\DoClollnents and Settings\Home I \My DocHtl'lents\Shellev\TDRamcadedordiniance chances.doc 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 02001218 "^.ma TDRs 8ee.265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 2 2nd Rdg.docU:'u^,TTORNEY\AssigHments\2095'u^.05 RevisioRs to OrdiRaRee No 2001 218 (TDR OrdiRaReel\w02 TDRameRdedordiRiaRee changes 5 9 05 8helle'i.aocC:\Docl:lmeRts aRd 8ettiRgs\shelley\Local 8ettiRgs\Temoorary Internet Files\OLK98\w02 TDRamendedordiRiaace ehanges 5 905.doeU:'u\TTOR."lBY\"^,ssiERllieRts\2005'u^.05 Revisions to OrdiRaRee tie 2901 218 (TDR Onlinancel\w02 TDRamenaederainiaaee changes EN'^' 5 5 05.doeC:\DocumeRts ana 8ettiRgs\Home 1 \My Documems\8heIley\TDRlHfIeRdedordinianee ehanges.doe 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 020lH 218 .\ma TDRs Sec. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 3 2nd Rdg.docU:\u^.TTORNEY\Assilmffi6fttS\2005\A05 ReyisioRS te OrdiRanee No 2004 218 (TDR Or-diRaflee)\w02 TDRameReeaordiRiance eaafli?:es 5 9 05 Saellev.eeeC:\Deellmeflts and Set{ing~shelley\Leeal Settines\Temeorart IRtemet Files\OLK98\\':02 TOR.ameflaedordiRiEll'lce chaRees 5 9 05.aeeU:\f,TTOR.~EY\^ssieaments\2005\f.05 RevisieRs to OffiiRElnCe Ne 2004 218 (TOR OrainaRee)\'.v02 TORameRdeaordiRiaRee chaRges ENW 5 5 05.doeC:\OoeHmeRts aRd SettiRgs\Homel \My Oocuments\Saellev\TOR-ameadeaordiniaRee ehaRees.doe 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 02004 218 AIDd TDRs See. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 4 2nd Rdg.docU:'u^,TTORNEY\.^.ssicnmeRts\2005\A05 Revisions to Oraifltlflee No 2004 218 (TDR OrdinaHee)\w02 TDR~ffieHdeaef(tiRianee changes 5 9 05 Sllellev.doeC:\Doeuments ana SettiHgs\skellev\Loeal SettiHgs\TeHfflorarv IRtemet Files\OLK98\w02 TDR-ameRdedordinianee ehaRges 5 905.doeU:'u'\TTOR."mY\;\ssigHmeats\2005\A05 Revisions to Ontiaanee No 2004 218 (TDR Ordinanee)V....02 TDRameadeaordiaiaaee ellanl!:es ENW 5 5 05.doeC:\Deeumeats and SettiHlCs\Home 1 \My Docuffients\Sllellev\TDRameadedordiaiance cllam:es.doe 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 02004 218 .^.ma TDRs Sec. 265 23U :\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 5 2nd Rdg.docU:\u'\TTORNEY\.^.ssigRmeflts\2005\..^,05 Revisiolls to Oraimmee ~io 2004 218 (TDR Ordiflaflce)\w02 TDRameflaedor-diHiaace cham:;es 5 9 05 Shellev.docC:\Documeflts aHd Settiags\shelley\Local Se&ings\TelTlflorwy Iatemet Files\OLK98\'1I02 TDRamendeaordiniaflee chaRges 5 9 05.docU:\u^,TTOR.~EY\u^,ssigfllHeRts\2005\u'\05 Re',isioRS to Orainaflee No 2004 218 (TDR Orainaace)\w02 TDR-amenaeaordiHiance cHanges EN~N 5 5 05.docC:\Documents afId Settings\Home 1 \Mv Decmnents\Shelley\TDRamefldedonliniance changes.doc 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 02994 218 -".ma TDRs Sec. 2e5 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 6 2nd Rdg.docU:\u^.TTORNEY\u^.ssignmems\2005\i\05 Re'/isi0f1:S to On:liRanee NEl2001 218 (TDR Orainancel\w02 TDRamencleaordiniance cbanges 5 9 05 Sbellev.doeC:\DEleIUnents and Settings\shelley\Local Settings\TeH'lflorary Internet Files\OLK9&\w02 TDRamendedordinianee changes 5 905.doeU:\i\TTORNEY\u^,ssignmeRts\2005\A05 Revisions to Ordinance No 2004 218 (TDR Ordinanee)\w02 TDRamendedor-diniance ch!lflges EN'}.' 5 5 05.docC:\D0cumeRts and Settin(;s\Home 1 \Mv Doeuments\Shellev\TDRameRdedordiniance changes. doc 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. 02004 218 ,^.m.d TORs Sec. 265 23U:\Citv Clerk\Ordinances\Orafts\Oraft 02005- TOR Amend 02004-218 Marked 7 2nd Rdg.docU:'u\TTORNEY\.^.ssigflmeRts'2005\1'.05 Re'iisiefts to OrdiRBflce No 2001 218 (TOR OrdiHaHcel\w02 TORamendeaerdiRianee ehanges 5 9 05 Shelley.doeC:\OeclimeRts and SettiRgs\shelley\Lecal SettiRl1:s\Temperary lRtemet Files\OLK98\Vi02 TORiimendeaenliflianee ehaflges 5 905.decU:\ATTORNEY\.^,ssigRmeflts\2005'u^,05 Re'iisiofls to OrEliaance No 2001 218 (TOR OrdiRaRce)\w02 TORameflEledordiniaRce chaRges EN'^, 5 5 05.decC:\Documeflts and SettiRcs\Homel \My Oeeliments\Shellev\TDRiimendederdiHiaRce chaRges. doc (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 02004 2U: /.ma TORs See. 265 23U:\City Clerk\Ordinances\Orafts\Oraft 02005- TOR Amend 02004-218 Marked 8 2nd Rdg.docU:'u^.TTORNEY\,^.ssignments\2005\A05 Revisions to Ordinanee No 2004 218 (TOR Ordiaanee)\'u02 TORa-mendedordiaianee eaaages 5 9 05 Shelley.docC:\Ooeuments aad Settiags\shelley\Loeal Settilllw\Temporarv Internet Files\OLK98\v/02 TORameaaeaordiaiance cnam:es 5 905.docU:\f.TTORNEY'u^.ssignments\2005'u^,05 Reyisions to Onlinance Ne 2004 218 (TOR Ordinance)':;;02 TORamenaeaordiniaace enam~es EN').' 5 5 05.deeC:\Oocumeffis and SettinJ::s\Home 1 \My Oeeuments\Snelley\TORameadedordiniance cnanJ::es.doc 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 02004 218 ;'<ma TDRs See. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 9 2nd Rdg.docU:lu^.TTORNEY\:\ssignmeflts\2005\.\05 Revisions to Orainllflce No 2004218 (TDR Ordinaneel\w02 TDRameadedoffiinianee ehanges 5 9 05 Shellev.docC:\DoeHmeats llfld Settings\shellev\Loeal Settiags\TemfJomrv Internet Files\OLK98\':102 TDRameaaedonlinianee ehaHgeS 5 9 05.doeU:lu^,TTOR.""IEYlu\ssignmeats\2005\f,05 Re'/isions tEl OrdinaHee NEl 2004 218 (TDR Orainllflee)\w02 TDRameaaeaor-ainianee eflllflgeS ENW 5 5 05.doeC:\DoeHmeflts llfld Settinl.:s\Homel \My Doeuments\Shellcy\TDRameadedElrEliniaHee ChaHges.doc 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. 02004218 Ama TORs See. 265 23U:\Citv Clerk\Ordinances\Orafts\Oraft 02005- TOR Amend 02004-218 Marked 10 2nd Rdg.docU:'u'\TTORNEY\:\ssieflments\2005\A05 Reyisions to Orainanee ~Je 2001 218 (TOR Or<linaneel\w02 TORamenaedordinianee eaanges 5 9 OS SRelley.doeC:\Ooetlments and Settinl!:s\snelley\Leeal Settings\Tsnworary Internet Files\OLK98\w02 TORamendeaordinianee eRangeS 5 9 QS.docU:\.'\TTORNEY\f.ssigHHlents\200S'u'\OS Revisions to Orainance No 2001 218 (TOR Orainaneel\w02 TORiiffisndedordinianee eflanees ENW S S 05.doeC:\Ooeuments and Settings\Homel '-My OOCl:Il1'H"flts\Shelley\TORamendedorainiance eRanges.aoe (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 02004 218 .A.ma TDRs See. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 11 2nd Rdg.docU:\u^.TTORNEY\"^.ssi~meHts\2005\<^.05 Revisi8ns to Orainance 1'18 2004218 (TDR Orainancel\w02 TDRameHaeaordiHianee eaanges 5 9 05 Saellev.doeC:\DoclImeHts and Settings\saelley\L8eal SettiHl!:s\Teffiflorary Internet Files\OLK98\w02 TDRamenaeaordiniaflee eaaHgeS 5 9 05.docU:\u'\TTORNEY\,^.ssil!:nments\2005\A05 Revisions to Offiiaaace No 2004 218 (TDR Oraiaancel\w02 TDRamendeaeraiaiaHce CRangeS EN'}! 5 5 05.ElecC:\Deeumems anEl Settings\Home 1 \My Doe\Hll.ents\Saelley\TDR-ameHdedordiniance cflans:es.doc 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; 02001 218 }.ma TDRs See. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 12 2nd Rdg.docU:\u\TTORNEY\uA.ssig:Flmeats\2005\/.05 RevisieFls to Oraiaanee No 2001218 (TDR Orainafleel\w02 TDRamenaeElordinianee eham:es 5 9 05 Shellev.docC:\Doeuments ana Setting:s\sheIlev\Loeal Settines\Temeerarv Internet Files\OLK98\wQ2 TDR-ameadederaiRiBHee ChaRl!:eS 5 9 Q5.decU:\u^.TTORNEY'uA.ssilffimeflts\2005\u'\05 Reyisiens to Ordinanee Ne 2001 218 (TDR 0n:linBflce)\':i02 TDRamefldeaer.ainianee chaflgcs ENW 5 5 05.docC:\DocumeFlts and Settines\Home I \Mv DOCl:Il'HcRts\8heIlev\TDRamefldedorainianee ehanees.doe -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 02001 218 }.md TDRs See. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 13 2nd Rdg.docU:lu-\TTORNEY\,\ssignmentsI2005\,\05 Revisions to Ordinance No 2001218 (TDR Offlinance)\w02 TDRamendeaerdiniance chanees 5 9 05 Shelley.doeC:IDoeliments and Settines\shelley\Loeal Settines\Teffil:lerary Internet Piles\OLK981?N02 TDRamendedordiniance chan~es 5 9 05.aecU:\ATTORNEYlu-\Gsicarnents\2005Iu\05 Revisi8ns to Ordinance Ne 2001 218 (TDR Ordiflanee)\wQ2 TDRamendederdiniance changes ENW 5 5 05.docC:\Doeurnents and Settines\Heme I \MoI Docl-lments\Shellcy\TDRamendedordifliance ehanges.doc 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 02004 218 .^.md TDRs See. 26S 23U :\Citv Clerk\Ordinances\Drafts\Draft 0200S- TDR Amend 02004-218 Marked 14 2nd Rdg.docU:\u^.TTORNEY\Assilffiffients\200S\AOS Reyisioas to Ordinance No 2004 218 (TDR Ordinance)\w02 TDRameadedorainiance changes 5 9 05 SheIley.docC:\DoeHments aad Settincs\shelley\Local Settings\Temoorarv Internet Files\OLK98\w02 TDRamendedordiniance chances 5 90S.aocU:\.\TTORNEYlu^.3Silmments\200S\AOS Revisitlns to Orainancc No 2004 218 (TDR OrdiHaneel\wQ2 TDRamendedor.ainiance chances EN'" S 5 05.docC:\Documents and Set:tincs\Home I \My Documems\Shelley\TDRitfRendedordiniance chans:es.doc 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 02004 218 .^,ma TDRs See. 265 23U:\City C1erk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 15 2nd Rdg.docU:\u-\TTORNEY\.^.ssignments\2005\u^.05 Re,..isiofls to Ordiflllftee No 2QQ4 218 (TDR OniiflBnce)\'....Q2 TDRameflaedordiniaflce clillftges 5 9 05 Slielley.docC:\Docl:lfHtlHts Ilfta Settiae:s\snellev\Loeal Settine:s\Temporarv Internet Pi1es\OLK98\m02 TDR-ameadeGordiniaace enaages 5 9 05.docU:\i\TTOR.~EYV.ssie:nmeflt5\2005\u-\05 RevisioflS to Ordinaflce No 2004 218 (TDR Onliaance)\w{)2 TDRamenaeaor-diaiaace chaages ENW 5 5 05.docC:\Docl:IFnents aad SettiaJ:!:5\Home 1 \Mv Documeflts\Snellev\TDR-amendedorcliniBnce cftanJ:!:es.doc 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. 02001 218 .^.ma TDRs 8ee. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 16 2nd Rdg.docU:\u\TTORNEY\:'.ssicFlffieHts\2005\.^.05 ReyisioHS to OrdiHaflee No 2001 218 (TDR OfaiRooeel\w02 TDRamendederdiniaace eaanges 5 9 05 8hellev.deeC:\Deeuments and 8ettings\shelley\Leeal 8ettiH~s\Teffil3orary Internet Files\OLK98\w02 TDRameRaedordiRiance changes 5 905.aeeU:\ATTOID-IBY\AssigHmeats\2QQ5\u^.05 Revisions te OrdiRance tIe 2001 218 (TDR On;liRanee)\'.v02 TDR-amendederdiniaHee enaHges HIW 5 5 05.deeC:\Decumerrts and Setting:s\Home 1 \My Dee~~meflts\Snelley\TDRameRdedordifliaflce enanges.doc 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 02004 2U: .^.md TORs See. 265 23U:\Citv Clerk\Ordinances\Orafts\Oraft 02005- TOR Amend 02004-218 Marked 17 2nd Rdg.docU:\/.TTORNEY\f.ssigHments\2QQ5'u\05 Reyisions to Ordinance No 2004 218 (TOR On:\inance)\wQ2 TORamendedordinianee cbanges 5 9 05 Sbelle....docC:'Docliments and Settings\shelle,,.\Loeal Seftings\TeffiiJemrv Internet Files\OLK98'?..,02 TORamendedenliRianee eaanE:es 5 9 Q5.deeU:\.^,TTORHEY\.^.ssil::nments\2905'u^,05 Reyisions te Ordinanee No 2Q04 218 (TOR Ordiflance)\wD2 TORftlHeRdedenliniaRce ehaRgeS ENW 5 5 05.docC:\Ooeuments and SettiRE:s\Home I \My Ooel:lments\Sbellev\TOR-ameRdederdiniaRce CHaRges. doe 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)_ 02004218 :\ma TORs Sec. 265 23U:\Citv Clerk\Ordinances\Orafts\Draft 02005- TDR Amend 02004-218 Marked 18 2nd Rdg.docU:\~\TTOR."IEY\~\ssignmeflts\2005\.^.05 Revisioas to Orsiaance No 2004 218 (TOR OFdiaaaee)\m02 TDRameflsedoFdiniaflce chaages 5 9 05 Shellev.docC:\Docl:lmcnts and SeFtings\shelley\Local ScFtiflgs\Temaorary Internet Files\OLK98\v;02 TORamefldeaerdiniaflce chaages 5 905.secU:\u^.TTORNEY\Assignmerns\2005\f'.05 Rc';isieas to Ordiaaflee No 2004 218 (TDR OrdiBaI'lCe)\w02 TDRameaaedordiaiance changes EN'}.' 5 5 05.docC:\Doctlmeats afld SeFtin~s\Heme 1 \My DocUlRents\Shellev\TDRameflaedordiaiancc changes. doc