2003-0619 Regular City Commission Meeting

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Summary Minutes.Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida Prohibited Practices and Procedures,Suspension and Revocation of Licenses;Providing for Local Storage Facilities; Providing for Severability Clause;Providing for an Effective Date. Action: [City Clerk's Note: See item 4A for action on deferral of this item] This ordinance was deferred. 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 2.01, "Definitions" of Ordinance No. 2002-165, Adopting the City's Land Development Regulations to Include a Definition of`Beach Access"; Providing for a Repealer;Providing for Severability;Providing for Inclusion in the Code; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported that this Ordinance is a clarification as to whether you want open or closed beach access. Public Speakers: Clifford Schulman, Esq. City Attorney Dannheisser said that the only thing that is changing is that there is a definition of beach access and Commissioner Goodman read the definition of "Beach Access"from the Ordinance. Commissioner Kauffman asked Commissioner Goodman if these parameters are a little too rigid,and he answered no. City Attorney Dannheisser said that everything is already in the Code,we do not have a definition,but it is already defined - within the Code, and the only thing that is being changed or clarified,if you choose,is to have open-air or enclosed, and that is the issue. Commissioner Kauffman asked if you have a canopy is that considered not open-air? Commissioner Goodman said that he wants open-air and that is his motion. Commissioner Iglesias agrees with what Commissioner Goodman is saying,except if a developer wants to put in an enclosed upper structure, why stop them. Commissioner Goodman said that the minimum should not be less than15-feet wide, and Commissioner Iglesias agreed but that we should allow a canopy. Vice Mayor Edelcup said that we should leave it as open and then if we get a request, we can always change it. Mr. Vera corrected a word in the definition,that it should be grade, not ground. Mr. Schulman, Esq., said that the proposed Ordinance is made retroactive in its application, meaning that it goes back to the one we just did and any others that we have previously approved,and he suggested that it should not be made retroactively applicable since it would potentially have an adverse impact. He also stated that it says 15-feet fully paved, it should have room for landscaping. City Attorney Dannheisser asked don't you need a hard surface, and City Manager said yes we need a path but not the whole thing paved, it would come before the Commission in a site plan anyway. City Attorney Dannheisser said that then you don't need this Ordinance because the LDRs already say a minimum of 15-feet, and the only reason that it was brought up was because of the 5