Laserfiche WebLink
Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida <br /> Vice Mayor Edelcup suggested that we have a workshop soon to talk about what the <br /> criteria of enhancements could be so that we can get a general feel of what we are talking <br /> about and being able to apply it uniformly to various applicants as they come before us. <br /> Carter McDowell, Esq. on behalf of Stanley Price, Esq., stated for the record that it is <br /> clear that the establishment of TDR ordinances is not only permitted and authorized by <br /> State Statute but encouraged. He stated that in the City's Comprehensive Plan, in <br /> reference to Policy 15C which says that within one year as required by law, the City was <br /> to adopt a comprehensive set of land development regulations, and it goes on to say such <br /> regulations shall include transfer of development rights. He stated that he is here to <br /> support it, and to reiterate on the record that it is a very well recognized and supported <br /> legal mechanism that is used in land development regulations nationwide. <br /> Clifford Schulman, Esq., noted that what this Ordinance now allows the City to do is <br /> basically utilize your TDRs but if you don't use them, they go into the bank. He noted <br /> that the Ordinance as presently written basically says that the bank account lasts up to five <br /> (5) years and the intent of the TDRs is to encourage developers to basically utilize TDRs <br /> by way of moving their density, making contribution in either cash to the City or a public <br /> space. He stated that the five-year period is not a long period as the real estate cycle <br /> basically goes in seven-year periods historically, because it takes four to five years to get <br /> through the zoning process, site plan approval process, platting process, building permit <br /> process, and building process. Mr. Schulman suggested that the five-year period is short <br /> and should be changed to a minimum of a seven-year period. <br /> City Attorney Dannheisser explained that if a developer contributes the rights into the <br /> bank and does not utilize it within five years, that developer forfeits it and the City gets <br /> the benefit of it without having the development rights. Vice Mayor Edelcup stated that <br /> we could adopt now at five years and if economic conditions warrant it, we can always <br /> amend it in the future. <br /> Vice Mayor Edelcup moved and Commissioner Iglesias seconded the motion. LPA <br /> Resolution No. 2003-08 was adopted by a voice vote of 5-0 in favor. <br /> 8C.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, <br /> Repealing 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;Providing <br /> for a Repealer; Providing for Severability; Providing for an Effective Date. <br /> (First Reading 8/28/03) <br /> 11 <br />