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<br />j& <br /> <br />..;Y <br /> <br />ORDINANCE NO. 2004- 2JB <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION <br />265-23 OF THE LAND DEVELOPMENT REGULATIONS, <br />RELATING TO TRANSFER OF DEVELOPMENT RIGHTS; <br />PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR <br />AMENDMENTS TO THE PROVISION ON TDRS TRANSFERRED <br />FROM A CITY OWNED SENDER SITES; PROVIDING FOR <br />AMENDED DEVELOPMENT LIMITATIONS ON TDRS <br />TRANSFERRED FROM PRIVATELY-OWNED SENDER SITES; <br />PROVIDING FOR A CLARH'ICATION TO THE PROVISION ON <br />TDRS FROM A PRIVATELY OWNED SENDER SITE TO A <br />PRIVATELY OWNED RECEIVER SITE; PROVIDING FOR <br />CLARIFICATIONS TO DEVELOPMENT LIMITATIONS UPON <br />RECEIVING SITES;PROVIDING FOR AMENDMENTS TO THE <br />REVIEW PROCESS BY THE CITY COMMISSION AND <br />RECORDING OF DOCUMENTS; PROVIDING FOR AN <br />AMENDMENT TO THE ZONING IN PROGRESS PROVISION <br />AND THE TDR BANK PROCEDURES AND LIMITATIONS; <br />PROVIDING FOR A REPEALER; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE <br /> <br />WHEREAS, the City's Transfer of Development Rights Ordinance (the "TDR <br />Ordinance") describes a relatively novel concept and is a still evolving "work in progress;" and <br /> <br />WHEREAS, as the City continues to be developed, open space, parks and recreational <br />facilities, and parking for those facilities remains an immediate and pressing need of the City <br />and that need can be met through this TDR Ordinance. <br /> <br />WHEREAS, complex and creative permutations of the original concept and rationale <br />for the Ordinance are being suggested at the same time that the language and intent of the TDR <br />Ordinance are being studied and applied for the first time, and any ambiguities during the <br />application process shall be resolved in a manner which is in the best interests of the City and <br />its residents; and <br /> <br />THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, AFTER CAREFUL CONSIDERATION, HEREBY ORDAINS AS <br />FOLLOWS: <br /> <br />Section 1. <br /> <br />Amendment of Section 265-23 of the Land Development Regulations. <br /> <br />Section 265-23 of the City's Land Development Regulations is hereby amended as follows: <br /> <br />Exhibit "A" <br /> <br />02004-218 Amd TORs -- Sec. 265-23 <br /> <br />1 <br />