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ORDINANCE NO. 2004- 200 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-23 OF THE LAND DEVELOPMENT REGULATIONS, RELATING TO TRANSFER OF DEVELOPMENT RIGHTS; PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR ESTABLISHMENT OF SENDER SITES, TDRS TRANSFERRED, FEES; PROVIDING FOR TDRS TRANSFERRED FROM CITY OWNED SENDER SITES; PROVIDING FOR TDRS TRANSFERRED FROM PRIVATELY-OWNED SENDER SITES AND A REVISED APPLICATION PROCESS TO CONSOLIDATE THE SITE PLAN REVIEW PROCESS AND THE TRANSFER OF DEVELOPMENT RIGHTS PROCESS; PROVIDING FOR ESTABLISHMENT OF RECEIVER SITES; PROVIDING FOR FEES; PROVIDING FOR TRANSFERABLE DEVELOPMENT RIGHTS FROM CITY OWNED SENDER SITES, TRANSFERABLE DEVELOPMENT RIGHTS FROM CITY OWNED SITES; PROVIDING FOR DEVELOPMENT RIGHTS FROM PRIVATELY OWNED SENDER SITES; PROVIDING FOR COST OF TRANSFERABLE DEVELOPMENT RIGHTS ISSUED BY PRIVATE OWNERS FROM PRIVATELY OWNED SENDER SITES; PROVIDING FOR DEVELOPMENT LIMITATIONS UPON RECEIVING SITES; IDENTIFYING LAND INELIGIBLE FOR CONSIDERATION AS RECEIVING SITES; PROVIDING FOR PROCEDURES PERTAINING TO THE PURCHASE OF DEVELOPMENT RIGHTS FOR USE ON A POTENTIAL RECEIVING SITE AND FOR A NON-REFUNDABLE DEPOSIT; PROVIDING FOR REVIEW AND RECOMMENDATION BY PLANNING AND ZONING ADMINISTRATOR, SCHEDULING OF HEARING, REVIEW BY THE CITY COMMISSION AND RECORDING OF DOCUMENTS; PROVIDING FOR ZONING IN PROGRESS; PROVIDING FOR TDR BANK; ESTABLISHMENT OF TDR BANK; DEPOSITS AND WITHDRAWALS FROM TDR BANK AND LIMITATIONS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City's Transfer of Development Rights Ordinance (the "TDR Ordinance") describes a relatively novel concept and is a still evolving "work in progress;" and WHEREAS, complex and creative permutations of the original concept and rationale for the Ordinance are being suggested at the same time that the language and intent of the TDR Ordinance are being studied and applied for the first time, and any ambiguities during the application process shall be resolved in a manner which is in the best interests of the City and its residents; and WHEREAS, it is determined that it is in the best interests of the City and its residents and the public welfare to require that applications for TDR's under the TDR Ordinance shall be subject to review and approval under the terms and provisions of the TDR Ordinance in effect at the time the matter is reviewed by the City Commission at the required public hearing, provided, however, that should the City Commission determine, based on competent and substantial 02004-3/18 Amendment to TDRs -- Sec. 265-23 LMD:ch format 4/30/2004 -- 4:35 PM 1