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Resolution LPA 2004-24
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Resolution LPA 2004-24
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Last modified
7/1/2010 9:40:23 AM
Creation date
1/26/2006 10:37:04 AM
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CityClerk-Resolutions
Resolution Type
Local Planning Agency Resolution
Resolution Number
LPA 2004-24
Date (mm/dd/yyyy)
11/18/2004
Description
Amend Sec. 265-23, Transfer of Development Rights (TDRs).
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<br />h) any other agreements required by the Land Development Regulations and <br />this Section or that may be reasonably requested by the City Manager or other <br />.. . <br />revlewmg agencIes. <br /> <br />b. Review and Recommendation by Planning and Zoning Administrator. The Planning <br />and Zoning Administrator shall review the application and shall forward its written findings of <br />facts and recommendations to the City Commission together with all site plans. <br /> <br />The application shall be subject to the same notice and hearing requirements applicable to <br />zoning applications under the Land Development Regulations. <br /> <br />c. Scheduling of Hearing. Prior to the scheduling of a hearing to consider the transfer of <br />development rights to a Receiver Site, all required documentation and all required fees, as <br />described in this Section, shall have been submitted to the City in a timely fashion and <br />reviewed and approved by City staff. <br /> <br />d. Review and Approval by City Commission. The City Commission after reviewing the <br />application and the written findings and recommendations of the Planning and Zoning <br />Administrator may, in its sole discretion, approve with modifications or conditions, approve <br />less than the full amount of requested TDRs, in which case the Applicant shall return to the <br />City Commission with revised site plan for its further consideration or deny the application for <br />transfer of development rights. <br /> <br />(i) It is understood that until a transfer of development rights is so approved by <br />the City Commission, said TDRs have no intrinsic or inherent value and <br />cannot be considered as a "matter of right" in the valuation of any potential <br />Sender or Receiver Site. Further, such transfers are subject to all the terms <br />and limitations of this Ordinance. It is solely the final approval by the <br />Commission, in its complete discretion, and based on the criteria set forth <br />herein, that gives rise to any value for TDRs. <br /> <br />(ii) A resolution authorizing the withdrawal and transfer of TDRs from the Bank <br />must be issued prior to such transfer, but, once adopted, the transfer shall <br />automatically change the TDR Bank Statement to reflect the approved <br />transaction subsequent to the mandatory recording of such resolution by the <br />City in the Official Records of Miami-Dade County, Florida, designed to <br />both evidence and ensure the severance of said zoning rights from Sender <br />Site and the accrual and accumulation of those development rights to the <br />Receiver Sites or deposit of same in the TDR Bank. If the TDRs are <br />purchased directly from the TDR Bank, the procedures set forth in Section <br />265-23.8a.(iii) shall be followed. The issuance of a resolution approving such <br />transfer shall automatically change the TDR Bank Statement. <br /> <br />(iii) The City Commission shall review the application for TDRs based on the <br />following criteria, provided however that approval of the application, in <br />whole or in part, is solely within the Commission's discretion: <br /> <br />02004-218 Amd TORs n Sec. 265-23 <br /> <br />9 <br />
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