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<br />ORDINANCE NO. 2011-31-D <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, AMENDING ARTICLE <br />V OF THE CITY CODE BY CREATING A NEW SECTION 265- <br />24, ENTITLED "PRIVATE PURCHASE OF AIR RIGHTS NOT <br />AS PART OF THE TRANSFER OF DEVELOPMENT RIGHTS <br />PROGRAM ("TDR PROGRAM"); PROVIDING FOR <br />REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING <br />FOR INCLUSION IN THE CODE; PROVIDING FOR AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, the City Commission created the TOR program to provide for greater <br />flexibility in the pattern of development by allowing for the transfer of development rights from <br />one property to another property to create more green space in the City; and <br /> <br />WHEREAS, the TDR program establishes a process for the transfer of development <br />rights to ensure that development rights are transferred to properties which have been approved <br />for such transfers by the City Commission; and <br /> <br />WHEREAS, air rights may be legally purchased through private transactions to restrict <br />the development capacity of certain properties in the City; and <br /> <br />WHEREAS, the City Commission wishes to monitor the purchase of air rights to ensure <br />that development projects are constructed consistent with the City Code and Comprehensive <br />Plan. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified <br />and confirmed as being true and correct and are hereby made a specific part by this Ordinance <br />upon adoption hereof. <br /> <br />Section 2. Amendment. Article V of the City of the City Code is amended by adding a new <br />Section 265-24 to read as follows: <br /> <br />Section 265-23. Transfers of development rights; definitions <br /> <br />*** <br /> <br />Section 265-24. Private Purchase of Air Rights Not As Part of the TDR Program <br /> <br />A. In the event that private parties enter into a transaction where one party purchases the air <br />rights of a second party in order to restrict the development potential of a property, and <br />such purchase does not follow the procedures of & 265-23 herein, the transaction shall not <br />be considered to be a part of the TDR program. The party which sells such air rights <br />immediately shall record a notice of the sale of air rights in the property records of <br />Words added underlined, words stfieken deleted (ed) Page I of3 <br />