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HomeMy WebLinkAboutOrdinance 2006-243 ORDINANCE NO. 2006-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 2005-230 AND SECTION 265-23.3(C) OF THE LAND DEVELOPMENT REGULATIONS, RELATING TO TRANSFER OF DEVELOPMENT RIGHTS FROM PRIVATELY-OWNED SENDER SITES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the purpose of the Transfer of Development Rights Ordinance ("the Ordinance") is to provide for greater flexibility in the pattern of development by allowing for the transfer of development rights from one parcel to another; 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; and WHEREAS, the TDR Ordinance has provided the City with a vehicle to create parks and open space for the enjoyment of residents; and WHEREAS, the City Commission wishes to create more parks and recreational facilities by adopting this Ordinance. THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AFTER CAREFUL CONSIDERATION, HEREBY ORDAINS AS FOLLOWS: Section I. Incornoration of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this ordinance upon adoption hereof. Section 2. Amendment. Section 265-23.3(c) of the City's Land Development Regulations is hereby amended to read as follows: c. Privately-Owned Sender Sites. (I) Application Process for Sender Sites. The owner of prospective Sender Site shall submit a complete application to the 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 265-23.6(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 Amending 2005-230. Section 265-23(c) request. After all required documentation and all required fees have been 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 LDRs for zoning applications. (2) Establishment ofTDRs (a) The City shall determine the floor area ratio and density including bonuses on the proposed site based on the existing zoning at the time the application is filed. (b) In cases where a privately-owned Sender Site within the Town Center or a site abutting Collins Avenue is offered to the City as a Sender Site, the City Commission, in its sole discretion, may consider accepting 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: (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 those improvements. and oav all required bonus oavments associated with the site. (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. (4) Convevance of Private lv-Owned Sender Sites to Citv. 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 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 Amending 2005-230. Section 265-23(c) 2 subsection, the City shall authorize the release of the TDRs 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 TDRs from the approved Sender Site until documentation evidencing such release of TDRs has been recorded. (5) Development Limitations on Privatelv-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 Sender Site shall be required to bank, in accordance with Section 265-23.7 hereunder, all TDRs from the Sender Site. The banked TDRs may be withdrawn only in compliance with the provisions of this Ordinance within a period of no more than five (5) years 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 TDRs from the approved Sender Site shall expire and become extinguished and unusable. Section 3. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed except that this amendment shall not apply to previously approved TDRs which transfers shall be accomplished in accordance with the terms of the ordinance in effect at the time of said transfer. Section 4. 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 5. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this ordinance shall be included in the City of Sunny Isles Beach Code; that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 6. Effective Date. This Ordinance is effective ten (10) days after its adoption on second reading. PASSED and ADOPTED on first reading the e,4I- day of ~"'L . , 2005. PASSED and ADOPTED on second reading this ~ day of..J~~~'f, 2006. Amending 2005-230, Section 265-23(c) 3 ATTEST: "0~'IA~ Jane A. Hines, City Clerk , ".- APPROVED AS TO FORM AND FFICIENCY: Moved by: r orn\'Y\\<;;''''I\^-lEr2.T<o~Sl'f\-S Second by: VI c.~ mA~n't. ~R~2)1\J VOTE: 5-D Mayor Norman S. Edelcup Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Daniel Iglesias Commissioner Lewis Thaler (yes) ~ (yes) V (yes) V (yes) ~ (yes) ...k:.. (no)_ (no)_ (no)_ (no)_ (no) _ Amending 2005-230, Section 265-23(c) 4 .: TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner Police Chief Fred Maas, Interim City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM Jorge L. Vera, Assistant City Manage~ ~ Priscilla Walker, Deputy City Cler~ January 24, 2006 Amendment of Transferable Development Rights Ordinance At its regular meeting of January 19,2006, the City Commission adopted Ordinance No. 2006- 243, which amended Ordinance No. 2005-230 and Section 265-23.3(C) of the LDRs, relating to TDRs from privately-owned sender sites. Attached is a copy of the ordinance for your files. Thank you. :pw Attachments cc: Police Chief Fred Maas, Interim City Manager Hans Ottinot, City Attorney Elena Del Campillo, Zoning Technician TDR Ord Sec. 265-23.3(C) Revision Ordtrans Memo City of Sunny Isles Beach ] 8070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin. Commissioner Gerry Goodman, CommiSSIOner Danny Iglesias, Commissioner Chief FI"ed Maas, fnlenm Clfy Manager Hans Ottinol, Oly Arrorney Jane A. Hines, CIty Clerk MEMORANDUM TO: The Honorable City Commission FROM: Mayor Norman S. Edelcup DATE: December 8, 2005 RE: Amendment to TDR Ordinance Recommendation: This attached Ordinance is presented for your consideration and approval. Reasons: As you are aware, the City has been able to create the Town Center Park by designating the land upon which the park is built as a Sender Site under the TDR Ordinance. The Town Center Park, as we all know, has been well received by the residents of the City. More importantly, the daily usage of the park demonstrates a need for additional parks on Collins A venue. Therefore, I am proposing an amendment to the TDR Ordinance that will provide incentives to property owners with properties abutting Collins A venue to convert these properties to parks. Simply put, properties abutting Collins A venue will be eligible for the public land enhancement bonus which is provided to properties within the Town Center. Under the proposed amendment, the City may provide property owners a maximum density of 80 units per acre and a maximum FAR of 3.75 if the property is offered to the City for park purposes. Thank you for your consideration and support. NSE/j b Attachment CommISSIon, Amendment to TDR Ordinance 2005-230 Agenda Item 7 A Date 12-e-Q 5 'J u <l: Gl W 'tl !Xl l'Cl (/J C w N ...J C') ~ ~ >- z E z :;, :J 'E (/J Gl > LL <l: 0 (/J ~ 0:: III U Z Qj c 0 N Qj CD Ol C E ~ ro ro 0... .Q z C/) c n. c 'E .Q '5 Ql t5 .!!! > C/) 'tl Ql Ql U <:( C/) 0 ..... ..... 0 0 0 0 0 0 '" '" 0 == It) It) .0 co co 06 ..... ..... >< .... .... C') !Xl ~ .0 E ~ ::l Qj Z .0 C. E c ~ 0 ::l 'E .. (; z Q) Q) 'tl C/) N 0 <:( E i:i5 u 32 "' 0 ~ 05 >- C 0: <i " :0 C z 8 ~ ,: ~ <i 0 Z ~ ~ 0 e- 9 ~ 0. '" e ffi 0 '" '0 i: '" 1i. i: K " w i;' i: ~ '" ~ :i .E .,; 5 ~ .; '" .>< .~ 5 ~ >: " > i > .~ <{ " ~ " ~ 15 c '" ~ ~ 0 >- .,; ~ '0 ,EO " g> 0. " :i " ~ " " -5 c 0 " ;;; :; J:: ~ - e w ~ .s ca . ..... ~ w ...r::. 1.6 .~ :ii " .l: .... .EO " U)~ O~ 0:;- N-g -" CO: 0.5 -" - g 0-8 .;; " .. " Q) .~ _2 mg C~ t:'ll O~ __ 2 _0. m .~ og .-Qi :O~ ::Jw a..~ ~ Help your child do better in school Your child can succeed in school. A few hours a week can help your child improve weak study skills, grades and test scores. Your child can discover that learning is fun. Our testing pinpoints problems and we tutor in reading, phonics, study skills, math and SAT/ACT prep. Since 1977, we've helped hundreds of thousands of kids do better in school. Call us and let us help your child have the best school year ever. ~ H~~~!!g~~". 305-792-2535 Independently owned and operafed.@2002 Huntington le<lrnil1g Cenlers, 1m. ,,~1\o. ,.A . ..\.O~~ 19072 N.E. 29~ Avenue, Aventura CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission, also sitting as the Local Planning Agency, of the City of Sunny Isles Beach, Florida, will hold a public hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday, January 19, 2006, at 7:30 p.m., to consider final adoption of the following Ordinance: .. <>; ",j'~' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 2005-230 AND SECTION 265- 23.3(C) OF THE LAND DEVELOPMENT REGULATIONS, RELATING TO TRANSFER OF DEVELOPMENT RIGHTS FROM PRIVATELY.OWNED SENDER SITES PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROViDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding this item may be directed to the City Clerk at 305-947-0606. Copies of these documents are available for public inspection during normal business hours in City Hall. Jane A. Hines, City Clerk All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk. City of Sunny Isles Beach, 18070 Collins Avenue. Sunny Isles Beach. Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to register with the City Clerk by completing a public speakers' card prior to the item being heard. The hearing on this matter may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-947-0606, no iater than 48 hours prior to the proceedings; if hearing impaired, please teiephone the TTY line at (305) 792-1590 for assistance. BUBBE SAYS If you can)t save marriage) get out Dear Bubbe, My in-laws are driving me crazy, especially my mother-in-law. My husband Is an only child and his mother needs to be the woman In his life. She didn't want him to get married and knows how to "play her cards" with him. His father is no help either. Fighting and aggravation, that's what I have with them. I'm sorry I went into this marriage. I have two small children and I just can't get out! DISGUSTED MIAMI Dear Disgusted, I'm not sure if your problem is your husband, his family - or both. If your in-laws are the only issue, the situation may be fixable, but if your M-I-L is just exacerbating everything that's wrong, that's different. For the sake of those kids you must try to save this marriage before you decide to leave it. Marriage counseling is imperative. When and if you are sure divorce is the only answer, I am telling you that you can get out - and I speak from personal experience. When I was contemplating divorce (with two small children), I went to see a psychiatrist lamenting that I couldn't leave. He said, "picture your life in 10 years if you stay." The thought of remaining in that marriage for years into the future was horrifying. I knew 1 had to fmd a way to go. And 1 went. It wasn't easy, but what is? It's a new year. Take control of your life. It's worth it! Check out www.divorce source.com and www. ihatemyinlaws.com (I swear). If money is a problem, call the Florida Bar Lawyer Referral Service, 800.342.8011 for the Legal Aid office near you. Dear Bubbe, I take care of my mother who has many health problems and who lives with me. I also have family that visits Miami twice a year and stays at my house - my sister, her husband and their two kids, age 12 and 16. I love spending time with them, but they are too much for my mother. Every time they come, she ends up in the hospital with chest pains - and this last Christmas with a heart attack. I think the family visits place too much stress on her, and on me. It costs $300 for extra food and the same in increased bills. How do i get out of this arrangement without hurting their feelings, or mine? I know it is easier for them to stay with us, but it is too much on me! EASY TARGET MIAMI Dear Easy, I'll just bet the $600 a week that your sister hasn't got a clue about the health problems and fmandal burden her visits cause. That's because you haven't told her! Even if your mom wasn't ill, having four houseguests for a week can be stressful. Before the next visit, write to your sister and tell her exactly what you have told me. Or better yet. just send her this column! Call nearby hotels, ask about weekly rates and pass that information on to her as well. You asked how you can get out of it without hurting their feelings or yours. You probably can't. You can't please everyone and you certainly can't be responsible for everyone else's feelings. My feeling is you're doing enough taking care of your home and your mother. Write to Rubbe at writetobubbe@aol.com, www.bubbesays.com or her Q & A Forum at wwwMiamiHerald.com - to get to the forums, click on Today's Extra on the main page.