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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 />the application is heard at a public hearing) prepared for the City by an appraiser, selected by <br />the City Manager, but paid for by the owner of the receiving site. The appraisal amount shall <br />then be divided by the permitted floor area ratio including bonuses on the Receiver Site. Since <br />the issuance of city-owned TDRs shall be from a TDR Bank, as described herein, the formula <br />set forth in 265-23.4(a) above shall be applied to the totality of the banked square footage <br />divided by the allowable density based on the underlying zoning. <br /> <br />2. Non-Refundable Deposit. Approval of Receiving Site shall be subject to payment <br />of a non-refundable deposit of ten (10%) per cent of cost of City-owned TDRs, which shall be <br />paid within three (3) days of date of City Commission approval of the application. Failure to <br />make such deposit within the prescribed time frame shall result in an automatic voiding of the <br />Commission approval. <br /> <br />c. Transferable Development Rights from a Privately Owned Sender Site; Receipt of <br />TDRs by a Privately Owned Receiver Site. <br /> <br />1. In the case of privately owned sites, the City shall determine the floor area ratio and <br />density on the site based on the existing zoning. In cases where a privately owned site of <br />greater than three (3) acres of frontage along Collins Avenue, in the Town Center, is offered to <br />the City, for the purposes set forth herein, the City may accept said Sender Site and may <br />provide to the owner the maximum density of 80 units per acre and a maximum floor area ratio <br />of 3.75 provided the owner of the Sender Site shall either commit to provide public <br />improvements in accordance with a design approved by the City Commission or shall fund said <br />improvements as a condition of and no later than the actual transfer of the TDRs. <br />Notwithstanding anything to the contrary, the property owner conveying the approved Sender <br />Site shall have up to five (5) years to utilize such development rights in accordance with <br />Section 3 c. (5) hereinabove. It is understood that the development rights to be transferred to a <br />receiving site shall be approved by the City Commission through the site plan approval process <br />as specified herein and as otherwise provided in this Section 265-23. <br /> <br />2. No Receiver Site, or site plan on that Receiver Site, may be approved by the City <br />Commission unless a Sender Site has been first been identified and approved by the City <br />Commission, or the owner of the Receiver Site commits to purchase TDRs from the City in <br />accordance with Section 265-23.4 above, or the owner of the Receiver Site commits to <br />purchase TDRs already deposited in the TDR Bank from a privately owned Sender Site. The <br />formal approval by the City Commission of the transfer of the TDRs whether from a privately <br />owned Sender Site, City-owned TDRs or TDRs from a privately owned Sender Site, already <br />deposited in the TDR Bank, shall occur simultaneously with the approval of the Receiver Site's <br />site plan although the actual transfer may occur later but in no event may a building permit on <br />the Receiver Site issue until such transfer has actually occurred and been documented as <br />provided hereinbelow. <br /> <br />d. Cost of Transferable Development Rights Issued by Private Owners From Privately <br />Owned Sender Sites: <br /> <br />The price of TDRs from approved privately owned Sender Sites shall be determined by the <br /> <br />02004-218 Amd TORs -- Sec. 265-23 <br /> <br />6 <br />
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