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Home My WebLink AboutOrdinance 2008-300 I ORDINANCE NO. 2008- ::SDO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-23(G)(2) OF THE CITY CODE RELATING TO THE TRANSFER OF DEVELOPMENT RIGHTS ("TDRs") FOR PRIVATE PARTIES; PROVIDING FOR CLARIFICATION OF EXPIRATION OF PRIV ATE TORs; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission created a transfer of development rights program to spur development and to create open space; and WHEREAS, the City Commission wishes to clarify the regulations relating to Private TDR transactions. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation 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 (G) (2) is amended to read as follows: (2) 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 ofTDRs from the TOR Bank must occur no later than five years from the date of the City Commission action approving the applicable sending site in accordance with 9 265 -23 C (3) (f) herein above. 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 section. All requirements of this section shall be met prior to the actual transfer (withdrawal) of development rights from the TDR Bank. Private TDRs shall be utilized within five (5) years from the date of withdrawal from the TOR Bank. The City Commission may extend the time period for the utilization of private TDRs for a period up to two (2) years. If an extension is granted, the City Commission has the authority to impose an administrative fee up to $10,000.00 as a condition of granting such extension. Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Amending Section 265-23 Page I 01'2 I Section 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 5. Inclusion In The Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. PASSED and ADOPTED on First Reading the ~ day of F€6R..uI'\-RY ,2008. PASSED and ADOPTED on Second Reading this 2.o~day of VVI'A-t'<c...t-\- ,2008. ATTEST: ~JA~ Jane A. Hines, CMC, City Clerk APPROVED~. TO FORM AND LEOAI/SU CIENCY ;) ,- / Hans Ottinot, City Attorney I Moved by: Second by: VOTE AS FOLLOWS: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin Commissioner Scholl --1L. Y es) VY es) ~es) vY es) VYes) _No) No) _No) _No) _No) Amending Section 265-23 Page 2 01'2 I CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARlNG 0' ,..... 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, March 20,2008, at 7:30 p.m., to consider adoption of the following proposed Ordinances: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-11(N)(3) OF THE CITY CODE TO PERMIT A VOLUNTEER PROGRAM FOR EXTENSION OF TIME FOR UNEXPIRED DEVELOPMENT APPROVALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-23(G)(2) OF THE CITY CODE RELATING TO THE TRANSFER OF DEVELOPMENT RIGHTS ("TDRS") FOR PRIVATE PARTIES; PROVIDING FOR CLARIFICATION OF EXPIRATION OF PRIV A TE TDRS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding these items may be directed to the City Clerk at 305-947-0606. A copy of this document is available for public inspection during normal business hours in City Hall. Jane A. Hines, CMC, 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 A venue, 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 hearings on these matters 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 ofthe 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 later than 48 hours prior to the proceedings; if hearing impaired, please telephone the TTY line at 305-792- 1590 for assistance. Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 I 60 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Cily Commission Norman S. Edelcup. Ma)'or Lewis J. Thaler, VIce Ma)'or Gerry Goodman, Commissioner Hoslyn Brezin, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, Of)' :\4anager Hans Ottinot, Cif)' Allorney .Jane A. /lines, CMC. (1)' Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinol, City Attorney ~ DATE: February 21, 2008 RE: Amendment to Section 265-23(G)(2) of the City Code relating to Transfer of Development Rights RECOMMENDA TION This Ordinance is presented for your consideration and approval. REASONS The purpose of this amendatory Ordinance is to clarify the date of the expiration for the transfer of development rights ("TDRs"). When the TOR Ordinance was adopted, the City imposed a five (5) year time-frame for the utilization of the TDRs involving private parties. This Ordinance clarifies the time- frame. This also provides the City Commission with the authority to grant additional time for the utilization of private TDRs. This Ordinance was requested by Mayor Norman S, Edelcup. /attachment HO/jb Date q e.,,2 3-2o-D~ Agenda ltem r--- - Page 1 of 1 Priscilla Walker From: Priscilla Walker Sent: Thursday, April 17, 2008 12:53 PM To: Robert Solera; Clayton Parker Cc: Helena Forbes; Elena Del Campillo; Paola Villa; Jasmine Barnes Subject: Legislation Approved at March 20, 2008 City Commission Meeting Attachments: R2008-1236,PDF; 02008-298.PDF; LPA Reso 2008-49.PDF; 02008-299.PDF; LPA Reso 2008-50.PDF; 02008-300. P D F At its regular meeting of March 20, 2008, the City Commission approved the attached legislation. Item Description Resolution No. 2008-1236 Approval of Final Order re TRAN Bid Protest Ordinance No. 2008-298 Water Restrictions LP A Resolution 2008-49 & V olunteer Program for Extension of Ordinance 2008-299 Development Approvals LP A Resolution 2008-50 & Clarification of Expiration of Private TDRs Ordinance No. 2008-300 Thank you. Prisci[fa Wa[kfr, CMC, Deputy City Clerk City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, FL 33160 (305) 792-1703 Phone (305) 949-3113 Fax WWW.sibfl.net Please note: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 4/1 7/2008