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<br />Exhibit" A " <br /> <br />ORDINANCE NO._2005- 2 ~O <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE <br />NO. 2004-218. AMENDING SECTION 265-23 OF THE LAND <br />DEVELOPMENT REGULATIONS, RELATING TO TRANSFER <br />OF DEVELOPMENT RIGHTS; PROVIDING FOR REVISED <br />DEFINITIONS; PROVIDING FOR AMENDMENTS TO THE <br />PROVISION ON TDRS TRANSFERRED FROM A-CITY:-OWNED <br />SENDER SITES; PROVIDING FOR AMENDED DEVELOPMENT <br />LIMITATIONS ON TDRS TRANSFERRED FROM' PRIVATELY- <br />OWNED SENDER SITES; PROVIDING FOR A CLARIFICATION <br />TO THE PROVISION ON TDRS FROM A PRIVATELY:-OWNED <br />SENDER SITE TO A PRIVATELY:-OWNED RECEIVER SITE; <br />PROVIDING FOR CLARIFICATIONS TO DEVELOPMENT <br />LIMITATIONS UPON RECEIVING SITES;_PROVIDING FOR <br />AMENDMENTS TO THE REVIEW PROCESS BY THE CITY <br />COMMISSION AND RECORDING OF DOCUMENTS; <br />PROVIDING FOR AN AMENDMENT TO THE ZONING IN <br />PROGRESS PROVISION AND THE TDR BANK PROCEDURES <br />AND LIMITATIONS; PROVIDING FOR A REPEALER; <br />PROVIDING FOR SEVERABILITY; PROVIDING FOR AN <br />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 I. <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 />02004 218 Ama TORs See. 265 23U:\Citv Clerk\Ordinances\Orafts\Draft 02005- TOR Amend 02004-218 Marked <br />2nd Rdg.docU:\.^.TTORNEY\:\~;signments\2Q05\.\05 Revisions to Ordiaanee No 2004 218 (TOR Ordinaneel\w02 <br />TORameRdedoraiRianee ehanges 5 9 05 Shelley.doeC:\Oeel:lR1ents aRa Settiags\saellev\Loeal SettiRes\Temporary <br />latemet Files\OLK98\wQ2 TDRamendedorainianee eaaages 5 9 05.doeU:\,^.TTORNEY\f.ssieaments\2Q05\:\05 <br />Revisions to Ordinanee No 2004 21 g (TOR Ordinaflee)\m02 TDR-amendeaerdinianee eflafleeS ENW 5 5 <br />05.doeC:\Ooctlmeflts and Settings\Home I \My Doel:llneflts\Saelle'l.I.TORamendedordinianee cflanges.doe <br />