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Summary Minutes:Regular City Commission Meeting September IS.2003 City of Sunny Isles Beach,Florida <br /> Vice Mayor Edelcup ves <br /> Mayor Samson ves <br /> 8C. Sitting in as the Local Planning Agency and the City Commission, to Consider an <br /> Ordinance Amending the Land Development Regulations (LDRs) <br /> 8C.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, <br /> Recommending to the City Commission of Sunny Isles Beach,the Ordinance Repealing <br /> Section 515 of the Land Development Regulations, Relating to Transfer of <br /> Development Rights; Providing for Definitions;Providing for Establishing of Sending <br /> and Receiving Districts and Rights Transferred; Providing for Density and Intensity <br /> Calculations; Providing for the Imposition of Development Limitations; Identifying <br /> Disqualified Land; Providing the Procedures Pertaining to Transfer of Development <br /> Rights; Providing for the Creation of a Transfer of Development Rights Bank,Attached <br /> hereto as Exhibit "A"; Providing for an Effective Date. <br /> Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported. <br /> Public Speakers: Carter McDowell, Esq.; Clifford Schulman, Esq. <br /> City Attorney Dannheisser noted some changes that were pointed out to her by Mr. <br /> Clifford Schulman,Esq., that would be beneficial to make, for example, we have in some <br /> sections talked about a transfer by a warranty deed and in other sections we talk about a <br /> perpetual deed restriction or easement, and we want to make that consistent. City <br /> Attorney Dannheisser felt that it should be in the form of the perpetual deed restriction or <br /> easement, because it would keep the property on the City's tax roll although allow for the <br /> public purpose. City Attorney Dannheisser also noted that the other change that she <br /> would propose is to delete the reference that if there is a change to the conditions of <br /> acceptance of TDRs, that it would be by the Commission that was involved in the initial <br /> approval, and the Commission agreed. City Attorney Dannheisser said that this is <br /> discretionary, and that the Commission may make the decision as to whether or not this <br /> benefits this site and accomplishes the goals of the Comprehensive Plan and the Land <br /> Development Regulations. <br /> Commissioner Goodman noted that in the TDRs it says when you are selling the TDRs it <br /> must be for the best interest of the City,and City Attorney Dannheisser agreed noting that <br /> when you are selling those rights from the City, it will come from a bank that has been <br /> secured from sites that were previously zoned and are now parks or publicly owned <br /> facilities. Vice Mayor Edelcup said that the benefits would be an enhancement above <br /> something that otherwise would be there without the TDRs. City Attorney Dannheisser <br /> said that there are some prescriptions too like you can't grant these without having the <br /> kind commit in parking to go along with the increased density or intensity. Mayor <br /> Samson asked if there was a time limit to use these TDRs, and City Attorney Dannheisser <br /> answered yes, five (5) years. <br /> 10 <br />