City "opens door" for more open space and public amenities
By Bari Auerbach

The Sunny Isles Beach City Commission recently voted in favor of amending land development regulations pertaining to transfers of development rights (TDR's) and the bonus program within the zoning code. The amendments were drafted to encourage developers to dedicate land that can be used for parks, open space and other public amenities while ensuring property owners as well as the city are fairly compensated.

'More incentives for more open space'
The ordinance pertaining to TDR's was originally passed excluding an amendment proposed by Commissioner Danny Iglesias regarding the concept of giving extra incentives to property owners of privately owned sites utilizing TDR's to donate parcels of three acres or more to the city. The incentives he initially proposed included allowing developers to have an increase in floor area ratio to 4.0; 80 unit density; and an extension of up to 10 years to
transfer development rights.

At the Jan. 15 City Commission meeting, Iglesias "amended" his amendment, reducing the proposed increase in floor area ratio to 3.75 and also reducing the extension down to five years to transfer development rights.

Iglesias explained, "This is an effort to try to get valuable property adjacent to Collins Avenue needed for the west side to 'tone down' development and allow [for the creation of] public plazas.Most importantly, the fact still remains that at any time the City, in any way shape or form, doesn't like what's going to be developed or the land the property owner wants to give - we have a right to reject it.so it's really a win-win situation for the city and residents."

Ultimately, the Commission voted in favor of Iglesias' "amended" amendment on first reading, which paved the way for the donation of parcels of three acres or more and prompted Mayor Norman Edelcup to say, "Residents of Winston Towers please note -
'you've finally got your park.'"

The second reading of the TDR ordinance will be at the next regular City Commission meeting on Feb. 19 at 7:30 p.m.

In addition to technical amendments, others previously made to the TDR ordinance state that no single applicant for TDR's be permitted to purchase from the city more than 50,000 square feet of TDR's remaining in the city's bank of TDR's. In addition, the ordinance now further provides that no less than 100,000 square feet of TDR's shall remain in the city's bank of TDR's for future use by and for the city for city designated purposes for the city's benefit. "This takes into account that the city may have future unanticipated or presently unforeseeable needs and reserves these rights for the city for city designated purposes," said City Attorney Lynn Dannheisser.

The ABC's of TDR's'
Transfer of development rights (TDR's) can be defined as "the process by which development rights are transferred from one lot, parcel, or area of land in a sending district (usually where land conservation is sought) to another lot, parcel, or area of land in one or more receiving districts (where property is desired and can be serviced properly)." Effective TDR programs can allow communities to develop in a more cost-effective manner and can increase the tax base while allowing owners of land to be compensated. Further explanation of TDR's by Commissioner Danny Iglesias has provided insight such as, "If a developer has a piece of land and doesn't have any interest in building on that site - he has the option of picking up the TDR's on that property and transferring them over to another site upon approval of the City Commission."

Main TDR "receiver sites" in the city are the east side of Collins Avenue and the town center district on the west side of Collins Avenue from 172nd Street to Sunny Isles Boulevard.

Zoning administrator Jorge Vera recently explained there are four city-owned sites creating a "bank" of transferable development rights: Golden Shores Park (205-191 Terrace), the active park (18115 N. Bay Road); Sen. Gwen Margolis Park (17815 N. Bay Road); and Gilbert Samson Oceanfront Park (17425 Collins Avenue).

'City to get bonus for giving bonuses'
At the Jan. 15 Commission meeting, an ordinance amending the city's zoning code was approved increasing the price of a bonus participation unit from $14,000 to $35,000 in certain zoning districts.

At a City workshop held on Oct. 27, 2003, City Attorney Lynn Dannheisser addressed the Commission about the need to amend the City's bonus program. "What we're striving for is something that is in fact 'fair market value,'" she said. "When our bonus program was devised several years ago, there were some seedy motels, very little development or re-development and poor infrastructure.It was critical that we give enormous incentives to get [developers] to come here.Now we've gotten their attention.We have the second
tallest buildings in Miami-Dade going up here.When you look at [the city's original bonus system], it's probably outdated now.We need to look at both the categories and the kinds of things the city needs now.what we do and don't need to incentivize and what we're charging."

Proving expediency in city government, at the Jan. 15 Commission meeting, Mayor Norman Edelcup announced "The price [the City] is charging for bonus units will [now] be two and a half times what we were previously charging - $35,000 instead of $14,000. As a result, the City's revenues will go up to reflect inflation that has occurred as well as actual construction that has happened since the time we first set up [the bonus program]."

Providing background information, Edelcup explained, "About four years ago, the City set up the cost of bonuses where [developers could purchase] increased FAR (floor area ratio). In light of current inflation and construction costs occurring since we set these rates, city staff studied this concern using actual factual data we gathered over the years."

In return for being able to increase FAR, developers will still have to abide by the existing bonus system categories that will remain intact. According