Resolution LPA 2004-24 - Laserfiche WebLink

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a. The project is consistent with the Comprehensive Plan and will not reduce the levels of service set forth in the plan. b. The project is consistent with the intent of this Ordinance entitled "Purposes and Applicability." c. The project meets all other criteria set forth in the LDRs. d. The transfer of development rights is desirable on the individual site being considered for purposes of enhancing overall development. e. The development on the receiving site shall be designed to produce an environment of desirable character and harmony with the neighborhood, resulting in a superior quality of development and open space relationships with high standards for recreational and parking areas. e. Recording of Documents. Prior to issuance of a building permit, documentation evidencing the transfer shall be recorded against the titles to both the sending and receiving sites, as may be applicable, in the Public Records of Miami-Dade County, Florida and an irrevocable covenant running with the land, which shall include the additional FAR (TDR), required parking and all other conditions, restrictions, and obligations imposed as conditions of the approval by the City Commission and the LDRs, shall be recorded against the title to the receiving site, in the Public Records of Miami-Dade County, Florida. The covenant and all other documents recorded pursuant to this Section shall include a warning that the approval of the TDRs shall be extinguished, become null and void and shall be of no further force nor effect in the event no building permit is issued for the receiving site within twenty-four (24) months from the date the Resolution is rendered, and shall contain a statement by which the owner(s) of the Receiver Site shall agree to bind itself, its successors and assigns with regard to all conditions, restrictions, and obligations contained therein, and, further, shall include a statement prohibiting any changes, amendments, modifications or releases to the document without the prior written approval of the City Manager and the City Attorney after approval by the City Commission at a public hearing. All documents recorded pursuant to this section shall be in a form acceptable to the City Attorney and shall be recorded at the expense of the applicant. Copies of documents recorded pursuant to this Section shall be delivered to the City by the applicant. f. Zoning in Progress. Notwithstanding Section 2 hereinbelow or any other provision to the contrary in the Land Development Regulations, all applications for transfers of development rights shall be subject to all of the terms and provisions of the TDR ordinance in effect at the time the application is filed. 8. Section 265-23.8 TDR Bank; Establishment of TDR Bank; deposits and withdrawals from TDR Bank; Limitations; 02004-218 Amd TDRs -- Sec. 265-23 10