HomeMy WebLinkAboutOrdinance 2009-319
ORDINANCE NO. 2009-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, RELATING
TO TRANSFER OF DEVELOPMENT RIGHTS; AMENDING
SECTION 265-23G (1) (A) (2) TO EXTEND THE TIME
PERIOD FOR THE UTILZATION OF DEVELOPMENT
RIGHTS THAT ARE PRIVATELY OWNED; PROVIDING
FOR REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City's Transfer of Development Rights Ordinance (the "TDR"
Ordinance") provides for the transferring of development rights from one parcel to another
parcel; and
WHEREAS, development rights that are purchased via an agreement between the private
parties must be utilized within five (5) years from the date of approval of the transfer site by the
City Commission; and
WHEREAS, the City Commission wishes to provide owners of privately owned
development rights with additional time to utilize such rights due to the severe economic
problems in the real estate market.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 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 265-230(1)(a)(2) of the Sunny Isles Beach Code is hereby
amended to read as follows:
~ 265-23 G. Establishment of TDR Bank; deposits and withdrawals from TDR Bank;
limitations.
(1) TDR Bank. The City Commission by resolution adopt procedures for the establishment
of a TDR Bank which shall be maintained and operated by the City Manager or
designee, for the deposit and withdrawal/purchase by private developers of
developments rights and shall be retroactive to all TDR transactions.
Words added underlined, words stFi€keIl deleted (ed)
Page I of3
(a) An annual fee shall be established by resolution to be paid to the City by the
depositor or purchaser for each transaction~, including a request to extend the time
frame for withdrawals from TDR Bank.
(b) The TDR Bank statement attached as Exhibit A to each City Commission
resolution authorizing the TDRs and the deposit or withdrawal of development
rights shall reflect approved sites and the units of TDRs attributable to each site.
The TDR Bank Statement shall be amended administratively and dated time
transfers are made in accordance with this section.
(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 of TDRs from the TDR Bank
must occur no later than five years from the date of the City Commission action
approving the applicable sending site in accordance with ~ 265-23C(3)(f) hereinabove
unless the time-frame for withdrawals is extended by resolution. 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.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this Ordinance shall become and be made a part of the code of the
City of Sunny Isles Beach, Florida; and 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 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the ~ day of ty) PtR.~H 2009.
PASSED and ADOPTED on second reading the day of 2009.
Words added underlined, words ~ deleted (ed)
Page 2 of 3
ATtEST:
&I~~
J~ne A. Hines, CMC, City Clerk
APPROVED AS TO FORM
AND LEO L SUFFICIENCY:
Vote: :> - 0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Ooodman
Commissioner Scholl
Words added underlined. words ~ deleted (ed)
Moved by:
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Seconded by:
Page 3 of 3
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BARIATRIC SURGERY
Memorial Regional Hospital's Bariatric Program has earned the estecmed
distinction of "Ccnter of Excellence" designation. This honor is gi\'en by the
Amcrican Society for Metabolic and B3Iianic SurgelY (ASMBS).
"Center of Excellence" distinguished features include:
. Safe bariatric surgical care with excellent short- and long-term outcomes
. Less than 1% rate of complicatiuns from surgery }""'I","h,,"~,O
. Highly experienced physicians
. Top quality facilities and technology
. Recognition as a "Top Performing Center"
In bccoming a "Ct'ntcr of Exccllcnce," Mcmorial Regional
Hospital's Bariatric Program has held itself up to some
of the highest standards in the industry
Tuesday, April 7, at 6:30pm
Memorial Regional Hospi'fll- \1;Jin..1,udilonum
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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, Rorida,
on Thursday, April 16, 2009, 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, RELATING
TO TRANSFER OF DEVELOPMENT RIGHTS; AMENDING
SECTION 265-23G (1) (A) (2) TO EXTEND THE TIME
PERIOD FOR THE UTlUZATION OF DEVELOPMENT
RIGHTS THAT ARE PRIVATELY OWNED; PROVIDING
FOR REPEALER; PROVIDING FOR SEVERABIUTY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
SECTION 265-38 OF THE CITY CODE, BY RENAMING THE
CULTURAL AND EDUCATION OVERLAY DISTRICT (CEO)
TO BUSINESS DISTRICT; PROVIDING FOR SEVERABIUTY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
Inquiries regarding these ijems may be directed to the City Cieri<
at 305-792-1703. A copy of these documents is available for
public inspection during normal business hours in City Hall.
Jane A. Hines, CMC, City Cieri<
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 Cieri<, 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 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 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 later than 4B hours prior to the proceedings; if hearing
impaired, please telephone the TTY line at 305-792-1590 for
assistance.
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33] 60
(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
I~oslyn Brezin, Commissioner
Gerry Goodman Commissioner
George "Bud" Scholl, Commissioner
Rick Conner, Acting City Manager
Hans Ottinot, City Allorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Hans Ottinot, City Attornc~
DATE: March 19,2009
RE: Amendment of the TDR Ordinance
Recommendation:
The attached ordinance is presented for your consideration.
Reasons:
The real estate crisis has impacted development projects throughout the country. More precisely,
the crisis has impacted development in the City by forcing developers to delay construction of
projects that were approved by the City Commission. As a direct consequence of the real estate
crisis, the City has been approached by several owners of privately owned development rights
("TDRs") about extensions for the utilization of TDRs. Under the current TDR Ordinance,
private owners are required to withdraw TDRs from the TDR bank within five (5) years of
approval of a sender site. By adopting this ordinance, the City Commission will create some
flexibility in the code to provide extensions requests.
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Agenda Item q A. ;)d
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