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Resolution LPA 2005-29
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Resolution LPA 2005-29
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Last modified
7/1/2010 9:40:24 AM
Creation date
1/26/2006 10:37:05 AM
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Template:
CityClerk-Resolutions
Resolution Type
Local Planning Agency Resolution
Resolution Number
LPA 2005-29
Date (mm/dd/yyyy)
06/09/2005
Description
Amend Sec. 265-23, TDRs. [Amend Ord. 2004-218]
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<br />park may not be treated as a Sender Site as defined herein and no transferable <br />development rights may be calculated and transferred therefrom. <br /> <br />Sever: The removal of a development right from property rights possessed by <br />an owner of real property, The term connotes a removal or separation, in <br />perpetuity, as distinguished from a restriction or limitation, which may be <br />overridden, deleted or is subject to a time frame. <br /> <br />Transferable Development Rights: A development right is an appurtenant <br />right of land ownership that has an economic value separate from the land <br />itself, subject to reasonable regulation by local government under its police <br />power, and that may be transferred from the land from which the right is <br />severed (Sender Site, also referred to in this Section 265 23 as "sending site") <br />to another piece of land (Receiver Site, also referred to in this Section 265 23 <br />as "receiving site"). Once severed, all TDRs are technically deemed <br />deposited in the TDR Bank but thereafter, if only a portion of the <br />development rights attributable to a Sender Site is transferred to a <br />RFeceiverffig ,Ssite, the remaining development rights may be remain <br />deposited in a TDR Bank in accordance with the provisions of this section <br />Ordinance. Transferable Development Rights means the maximum floor area <br />ratio (square footage) and density (dwelling units) exclusive of variances that <br />would be permitted to be transferred by the property's zoning on the date of <br />the transfer approval which will be calculated and allocated by a formula <br />developed by the City. These rights are sometimes referred to herein as <br />"TDRs:. <br /> <br />TDR Bank: The record maintained by the City for the deposit and <br />withdrawal/purchase of TDRs. <br /> <br />3. 265-23.3 Establishment of Sending Sender and Reeeiving Sites.:t <br />TDRs Transferred; Fees. <br /> <br />a. a.----Establishment of Sender Sites. Any property in any zomng <br />district, upon the approval of the City Commission, in its sole <br />discretion, after a public hearing, may be eligible as a ,Ssending ,Ssite, <br />subject to the terms, conditions and limitations of this Ordinance~ <br /> <br />a. <br /> <br />b. <br />b. _TDRs Ttransferred from City:-Owned Sender Sites. <br /> <br />Upon the adoption of this Ordinance, the The City shall deposit all <br />development rights (in terms of square footage and dwelling units) <br />from its Sender Sites as they are defined hereunder in the TDR Bank <br /> <br />02001218 Ama TDRs See. 265 23U:\Citv Clerk\Ordinances\Drafts\Draft 02005- TDR Amend 02004-218 Marked 3 <br />2nd Rdg.docU:'u^. TTORNEY\Assilntments'2005Iu^.05 Revisions te Ordinance No 2001 218 (TDR OrdiaaHee)\.,.,02 <br />TDRamendedofdiaiaaee changes 5 9 05 Sbellev.docC:\Documents and Settings\shellev\Loeal Settines\Temoorarv <br />Internet Files\OLK98\w02 TDRamenaedortiinianee changes 5 905.60CU:\f.TTORNEY\Assignmeflts\2005Iu\05 <br />Rc';isions 10 Or.ainance No 2001 218 (TDR Ordinanee)\w02 TDRameHdeaerdinianee ehanges EN'^, 5 5 <br />05.decC:\Docl:lmenls and Settings\Heme 1 \My Docml'ltJflts\8bellev\TDRameadederdini'aaee ekanges.doc <br />
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