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Home My WebLink AboutLPA 2009-54 LP A RESOLUTION NO. 2009- .5..!:L A RESOLUTION OF THE LOCAL PLANNING AGENCY OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RECOMMENDING TO THE CITY COMMISSION OF SUNNY ISLES BEACH, THE ORDINANCE AMENDING SECTION 265-23G(I)(A)(2) OF THE CITY CODE TO EXTEND THE TIME PERIOD FOR THE UTILIZATION OF DEVELOPMENT RIGHTS THA T ARE PRIVATELY OWNED, ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commissioners, serving as the Local Planning Agency ("LP A"), conducted a public hearing relating to the Land Development Regulations on December 10, 2002 and adopted the Land Development Regulations by Ordinance No. 2002-165; and WHEREAS, the City Commission, as the LP A, has reviewed the amendment to Section 265-230(1 )(A)(2) of the City Code to extend the time period for the utilization of Development Rights that are privately owned; and WHEREAS, the LP A has determined that it is in the best interest of the City and its residents to recommend approval of the Ordinance amending Section 265-230(1 )(A)(2) of the Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS: Section 1. Recommendation: That the Local Planning Agency hereby recommends to the City Commission of the City of Sunny Isles Beach, the Ordinance amending Section 265-230(1 )(A)(2) of Land Development Regulations Ordinance No. 2002-165, attached as Exhibit "A," for consideration by the City Commission pursuant to Chapter 163, of the Florida Statutes. Section 2. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16th day of April 2009. ATTEST: ~~~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU I Y Moved by: -i l Ut f{\lI~:rr T tff>d...~ Seconded by: Cn~ Goot~.;Wt~ Vote: 5-b Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl 0Yes) l/lY es) ~Yes) ~Y es) _(Yes) _(No) _(No) _(No) _(No) _(No) LPA R2008- LDRs 2 ORDINANCE NO. 2009-M AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RELATING TO TRANSFER OF DEVELOPMENT RIGHTS; AMENDING SECTION 265-23G (I) (A) (2) TO EXTEND THE TIME PERIOD FOR THE UTILZA TION OF DEVELOPMENT RIGHTS THAT ARE PRIV A TEL Y 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 265-23G(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. (l) 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 withdrawallpurchase by private developers of developments rights and shall be retroactive to all TDR transactions. Words added underlined, words stFitlkefl 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 transaction7, 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 nt PtRC-H 2009. PASSED and ADOPTED on second reading the _ day of 2009. Words added underlined, words stf.i€keH deleted (ed) Page 2 of3 ATTEST: '.:,,~X.:~~ .J~ne A. Hipes, CMC, City Clerk APPROVED AS TO FORM AND LEO L SUFFICIENCY: Moved by: VI <:.>- tI\ ~ll v L~ 'tJrL ~c;oc~~ Seconded by: Vote: 5-0 Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Ooodman Commissioner Scholl Words added underlined, words ~ deleted (ed) Page 3 ofJ v(Yes) ~Yes) ~(Yes) f?Y es) _(Yes) _(No) _(No) _(No) _(No) _(No)