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HomeMy WebLinkAboutOrdinance 2014-422 ORDINANCE NO. 2014 -Ll 22. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265 "ZONING" SECTION 265-36 "NEIGHBORHOOD BUSINESS (B-1) ZONING DISTRICT" TO CLARIFY THAT STORAGE FACILITIES ARE CONDITIONAL USES WITHIN THE B-1 ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the purpose of the Neighborhood Business District (B-1), as outlined in Section 265-36 of the City Code, is to provide locations for convenience shopping facilities in which those retail commercial uses shall predominate that have a neighborhood oriented market and which supply necessities that usually require frequent purchasing and with a minimum of consumer travel; and WHEREAS, typical uses found in the Neighborhood Business District (B-1) include a food supermarket, drugstore, personal service establishments, small specialty shops, and a limited number of small professional offices; and WHEREAS, in order to preserve this neighborhood oriented market feel, Section 265-36 specifically outlines uses permitted, conditional uses and uses prohibited; and WHEREAS, the City desires to amend Section 265-36 of the City Code to clarify that storage facilities are conditional uses within the Neighborhood Business District (B-1). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof Section 2. Amendment. Chapter 265, "Zoning", Section 265-36 of the City Code is amended to read as follows: § 265-36. Neighborhood Business (B-1). C. Conditional uses. (1) Open, unenclosed display and sales of flowers, fruits and vegetables as an accessory use to an adjacent established business housed in a permanent structure. Words stricken are deletions; words underlined are additions. r (2) Open, unenclosed display and sales of retail merchandise from pushcarts and kiosks. (3) Temporary public markets, festivals and special events limited to three consecutive day periods. (4) Bars, taverns, lounges, provided that individual establishments shall not exceed 3,000 square feet in gross floor area. There shall be a 300-foot distance separation between any two such establishments. Bars, taverns, and lounges located within a hotel and without direct grade-level exposure and access to the building front setback area shall not be subject to the distance separation requirement. (5) Veterinarians and ancillary kennels fully enclosed. (6) Commercial jet skis and personal watercraft launching facilities. For the purpose of this Section, a personal watercraft is defined as a small, jet-powered craft, resembling a snowmobile in appearance and ridden like a motorcycle for individual use in water. (7) Commercial marinas or boat storage. (8) Non-motorized or motorized watercraft leasing or launching facilities. (9) Storage facilities. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion In The Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed Section 6. Effective Date. This Ordinance shall become effective upon adoption on second reading. Words 44k-en are deletions: words underlined are additions. .-- PASSED and ADOPTED on first reading the '2,Q44`day of FeZatpteY 2014. PASSED and ADOPTED on second reading the 2ON"day of YV4tSRC. * 2014. ' Aef''`AlciAle/ &. ,/ N.rman S. Edelcup, Mayor ATTEST: _ 5/1,--t k4,11,4.) Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND . G U FICIENCY: ,... H.ns Ottinot, City Attorney Moved by: V t d. t. f Cl oy Ac-l h o nD Seconded by: CovvorktsSID'taiv Sc1-tOLL Vote: 6 -0 Mayor Edelcup ✓ (Yes) (No) Vice Mayor Aelion ✓ (Yes) (No) Commissioner Gatto ✓(Yes) (No) Commissioner Levin //(Yes) (No) Commissioner Scholl (/ (Yes) (No) Words stricken are deletions: words underlined are additions. 24NE I SUNDAY,FEBRUARY 9,2014 NF MiamiHerald corn 1 MIAMI HERALD CITY OF SUNNY ISLES BEACH ' ' NOTICE OF PUBLIC HEARING 1 Chairwoman Rebeca Sosa EI o WI Miami-Dade County TV i-Da NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny Isles Beach, Florida, will hold District 6 a public hearing in the Sunny Isles Beach Government Center, David P Samson Commission Chambers, 18070 Collins Avenue,Sunny Isles Beach,Florida,on Thursday,February 20,2014,at 6:30 p.m.,to consider on first reading the following proposed Ordinance: ATTENTION BUSINESS OWNERS OF DISTRICT 6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA, Miami-Dade County Chairwoman Rebeca Sosa AMENDING CHAPTER 265 "ZONING" SECTION 265-36 "NEIGHBORHOOD BUSINESS Announces the 2014"Mom&Pop Grant Program" (B-1) ZONING DISTRICT" TO CLARIFY THAT STORAGE FACILITIES ARE CONDITIONAL S1.000 to$3.000 per business. USES WITHIN THE B-1 ZONING DISTRICT; PROVIDING FOR REPEALER; PROVIDING FOR SUBJECT TO QUALIFICATION SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;PROVIDING FOR AN EFFECTIVE DATE AND APPLICABILITY. ApplIcauons.11 be available at the workshop meetings moicatea bemw. Inquiries regarding this item be directed to the City Clerk at 305-792-1703.A of this document is and 4 g g em ma y y copy ocumen On line begmnmg February 14'",2074,on our Web s4e available for public inspection during normal business hours in City Hall. At nor uwww mlamioade.gomotsuict06home asp Jane A.Hines,MMC,City Clerk Completed angmaiappli cations must behand-cesaerec gnly, to the District 6 office between Tuesday February 18th All persons are invited to appear at this meeting or be represented by an agent.or to express their views in writing addressed and Monday.March torn,2014 at roc and to the City Commission c/o the City Clerk,City of Sunny Isles Beach,18070 Collins Avenue,Sunny Isles Beach,Florida.33160. Informational Workshop Dates Any person wishing to address the City Commission at a public hearing is asked to register with the City Clerk by completing a (Attendance to one is Mandatory) public speakers'card prior to the item being heard.The hearing on these matters may be continued at this meeting and under Tuesday,February iP^,2014 West Miami Senior Center such circumstances,additional legal notice would not be provided. If a person decides to appeal any decision made by the 6:30 P.M.-8:30 P.M. 901 SW 62"°Avenue,Miami,FL. City Commission with respect to any matter considered at such meeting,they will need a record of the proceedings arid.for such purpose,may need to ensure that a verbatim record of the proceedings is made.which record includes the testimony and Thursday,February 13'20t4 Miami springs Recreational center 6:30 P.M.-8:30 P.M. Miami Westward FL 33166 Floor, evidence upon which the appeal is to be based.This notice does not constitute consent by the City for introduction or admission Miami Springs,FL 33166 of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. For more information please call Lourdes Milian or Liliana Ramos In accordance with the Americans with Disabilities Act,all persons who are disabled and who need special accommodations to M 305-267-6377 participate in this meeting because of that disability should contact the City Manager at 305-947-0606,no later than 48 hours prior I to the proceedings. 1000 SW 57th Avenu Avenu Office Address e,Suite 2W-Miami,FL.33144 CITY OF SUNNY ISLES BEACH MIAMI BEACH NOTICE OF PUBLIC HEARING LINCOLN ROAD ANTIQUE NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny Isles Beach, Florida, will hold & COLLECTIBLE SHOW a public hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, -- 18070 Collins Avenue,Sunny Isles Beach,Florida,on Thursday,February 20,2014,at 6:30 p.m.,to consider Sunda February 9d 2014 N on final reading the following proposed Ordinance: Sunday, y r 4 1Ew AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA, 9:OOAM-5:OOPM LC' AMENDING CHAPTER 104 OF THE CITY CODE OF ORDINANCES COMMONLY KNOWN AS SEASON THE "ART IN PUBLIC PLACES" ANCE; PROVIDING FOR FOR SEVERABILITY; PROVIDING ORDI IN THE CODE;EPROVIDING O FOR IAN FREE ADMISSION EFFECTIVE DATE, * �td r Inquiries regarding this item may be directed to the City Clerk at 305-792-1703.A copy of this document is '� " +1 " h ' a available for public inspection during normal business hours in City Hall. ', " Jane A.Hines,MMC,City Clerk All persons are invited to appear at this meeting or be represented by an agent,or to express their views in writing addressed " r . to the City Commission c/o the City Clerk,City of Sunny Isles Beach,18070 Collins Avenue,Sunny isles Beach,Florida,33160 '= `` ` Any person wishing to address the City Commission at a public hearing is asked to register with the City Clerk by completing a - ,'. l i. - - public speakers'card prior to the item being heard.The hearing on these matters may be continued at this meeting and under 'a '' ro such circumstances,additional legal notice would not be provided. If a person decides to appeal any decision made by the ,...,,,,;.i. City Commission with respect to any matter considered at such meeting,they will need a record of the proceedings and for L *,,... _ such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and ;:,r1,, , i, y ,a �� evidence upon which the appeal is to be based.This notice does not constitute consent by the City for introduction or admission `. s''- aD " ' .o �` - - of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. -" -.,., `'q'. °' !_' in accordance with the Americans with Disabilities Act,all persons who are disabled and who need special accommodations to —. e ,, _. �. participate in this meeting because of that disability should contact the City Manager at 305-947-0606,no later than 48 hours prior to the proceedings. 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REASONS The purpose of the Neighborhood Business District (B-1) is to provide locations for convenience shopping facilities in which those retail commercial uses shall predominate that have a neighborhood oriented market and which supply necessities that usually require frequent purchasing and with a minimum of consumer travel. Typical uses found in the Neighborhood Business District (B-1) include retail uses, drugstore, personal service establishments, small specialty shops, and a limited number of small professional offices. In order to preserve this neighborhood oriented market feel, Section 265-36 specifically outlines uses permitted, conditional uses and uses prohibited. The City desires to amend Section 265-36 of the City Code to clarify that storage facilities are conditional uses within the Neighborhood Business District (B-1) due to its potential negative impacts on the surrounding neighborhoods. I S'='"Y-'sF City of Sunny Isles Beach ft/t � -- ,, 18070 Collins Avenue ;l, I. �. Sunny Isles Beach, Florida 33160 s, 7 �,-4 ;cksk ,;� (305)947-0606 City Hall >a, (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 3/20/2014 RE: Ordinance amending Chapter 265 "Zoning", Section 265-36 "Neighborhood Business (B-1) Zoning District". RECOMMENDATION: It is recommended that the City of Sunny Isles Beach adopt the proposed Ordinance amending Chapter 265 "Zoning", Section 265-36 "Neighborhood Business (B-1) Zoning District" of the City Code. REASONS: The purpose of the Neighborhood Business District (B-1) is to provide locations for convenience shopping facilities in which those retail commercial uses shall predominate that have a neighborhood oriented market and which supply necessities that usually require frequent purchasing and with a minimum of consumer travel. Typical uses found in the Neighborhood Business District (B-1) include retail uses, drugstore, personal service establishments, small specialty shops, and a limited number of small professional offices. In order to preserve this neighborhood oriented market feel, Section 265-36 specifically outlines uses permitted, conditional uses and uses prohibited. The City desires to amend Section 265-36 of the City Code to clarify that storage facilities are conditional uses within the Neighborhood Business District (B-1) due to its potential negative impacts on the surrounding neighborhoods. ATTACHMENTS: • LPA Resolution • Ordinance • Notice of Public Hearing Miami Herald • Notice of Public Hearing 2nd Rdg Herald Agenda Item No 9B Date 3/20/2014 75