HomeMy WebLinkAboutResolution LPA 2002-03
LPA RESOLUTION NO. 2002- 03
A RESOLUTION OF THE LOCAL PLANNING AGENCY OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA,
RECOMMENDING TO THE CITY COMMISSION OF
SUNNY ISLES BEACH, THE PROPOSED CITY OF SUNNY
ISLES BEACH LAND DEVELOPMENT REGULATIONS
ORDINANCE, ATTACHED AS ExmBIT "A"; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach, Florida was incorporated on June 17, 1997 and
is required to adopt its own Land Development Regulations; and
WHEREAS, the City Commissioners, serving as the Local Planning Agency ("LP A't),
conducted a public hearing relating to the Land Development Regulations and future growth of the
City which involved public participation; and
WHEREAS, the City Commission, as the LP A, has reviewed the Land Use Regulations
and has determined that the regulations provided therein are consistent with the applicable
provisions of the Comprehensive Plan of the City of Sunny Isles Beach; and
WHEREAS, the LP A has determined that it is in the best interest of the City and its
residents to recommend approval of the Land Development Regulations Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS:
Section 1. That the Local Planning Agency hereby recommends to the City Commission of the
City of Sunny Isles Beach the proposed Land Development Regulations Ordinance, attached as
Exhibit "A," for consideration by the City Commission pursuant to Chapter 163, of the Florida
Statutes.
Section 2.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 20th day of November, 2
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Vote: 5-0
Mayor Samson
Vice Mayor Iglesias
Commissioner Edelcup
Commissioner Goodman
Commissioner Kauffman
LPA R2002- LDRs
Moved by: (' ~ ~A.~W\a..+J
Seconded by: C1l'Y\'rI'\' <;('\ClI\Jt.R :eel") ~
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ORDINANCE NO. 2002-165
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
ESTABLISHING PROCEDURES FOR THE ISSUANCE OF
DEVELOPMENT PERMITS BY THE CITY OF SUNNY ISLES BEACH
FOR THE DEVELOPMENT OF LAND WITHIN THE CITY;
PROVIDING FOR PURPOSE AND DEFINITIONS; PROVIDING FOR
DEVELOPMENT REVIEW REQUIREMENTS; PROVIDING FOR
VESTED RIGHTS; PROVIDING FOR PROCEDURES TO AMEND THE
COMPREHENSIVE PLAN AND LAND DEVELOPMENT
REGULATIONS; PROVIDING FOR PLATTING PROCEDURES;
PROVIDING FOR SITE PLAN PROCEDURES AND REQUIREMENTS;
PROVIDING FOR PROCEDURES FOR THE ISSUANCE OF
PERMANENT OR TEMPORARY CERTIFICATES OF OCCUPANCY;
PROVIDING FOR ZONING DISTRICTS; PROVIDING FOR PARKING
REQUIREMENTS; PROVIDING FOR SIGN REGULATIONS;
PROVIDING FOR LAND,SCAPING REQUIREMENTS; PROVIDING
FOR DEVELOPMENT STANDARDS; PROVIDING FOR REGULATIONS
OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR
PERFORMANCE STANDARDS; PROVIDING FOR APPEAL;
PROVIDING FOR REPEAL OF CERTAIN PORTIONS OF CHAPTER 33
OF THE CODE OF MIAMI-DADE COUNTY AS MADE APPLICABLE
TO THE CITY PURSUANT TO ARTICLE 8.3 OF THE CITY CHARTER;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR DISTRICTS NOT INCLUDED IN THIS ORDINANCE;
PROVIDING FOR AUTHORIZATION OF IMMATERIAL
MODIFICATIONS AND CORRECTION OF SCRIVENERS ERRORS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WlIEREAS, pursuant to Section 8.3 of the Charter of the City of Sunny Isles Beach, the
City adopted the Land Development Regulations of Miami-Dade County as its own Land
Development Regulations, to regulate the development of land within the City; and
WHEREAS, the City wishes to repeal certain sections of the Miami-Dade County Code
and its own municipal code; and
WHEREAS, by Ordinance No. 2000-105, adopted on October 5,2000, and pursuant to
Chapter 163, Florida Statutes, the City adopted its Comprehensive Plan to articulate a vision of
the future land development within the City's boundaries; and
WHEREAS, pursuant to Chapter 163, Florida Statutes, the City wishes to adopt its Land
Development Regulations to implement the vision established by the Comprehensive Plan; and
Exhibit" A "
02002-165 Land Development Regulations
WHEREAS, in accordance with Ordinance No. 98-13 of the City Code of Ordinances
and Chapter 163, Florida Statutes, the City Commission has been designated as the Local
Planning Agency to review the Land Development Regulations; and
WHEREAS, the City Commission, as the Local Planning Agency, has reviewed this
Ordinance and has determined that the regulations provided herein are consistent with the
applicable provisions of the Comprehensive Master Plan of the City of Sunny Isles Beach; and
WHEREAS, the City Commission has duly noticed and conducted public hearings, as
required under Florida Law, for adopting its Land Development Regulations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Establishment of Land Development Regulations. The City Commission hereby
adopts the regulations, including the Zoning Map, as modified, set forth in Exhibit'" A," attached
hereto and made a part hereof, as the Land Development Code of the City of Sunny Isles Beach,
Florida
Section 2. R~ of Provisions of County Code. The Chapters 33-A (Developments in
Incorporated Areas Creating County Impact), 33-B (Areas of Critical Environmental Concern),
33C (Fixed Guideway Rapid Transit System- Development Zone), 33-D (Biscayne Bay
Management), 33-F (Key Biscayne Beach Preservation), 33-G (Service Concurrency
Management Program), 33-H (park Impact Fee Ordinance), 33-1 (police Services Impact Fee),
33-J (Fire and Medical Emergencies Impact Fee), and 33-K (Educational Facilities Impact Fee)
of the Code of Miami-Dade County, as made applicable to the City of Sunny Isles Beach by
Section 8.3 of the City Charter, are hereby repealed in their entirety.
Section 3. R~ of Conflicting Provisions. Any other sections of Miami-Dade County
Code, or any Sections of the City Code of Ordinances in conflict with the provisions of these
Land Development Regulations are hereby repealed, except for the provisions of Ordinance Nos.
2001-117 and 2001-144.
Section 4. Districts Not Included in This Ordinance. Any zoning districts or clarifications
not specifically designated in this Ordinance shall remain in full force and effect as set forth in
the Code of Miami-Dade County as adopted, or as may have been amended, by the City pursuant
to Section 8.3 of the City Charter, provided however, except for the specific district regulations
(including but, not limited to, permitted uses, heights, setback, lot coverage), all other provisions
of this Ordinance shall apply, such that, by way of example, all applications for development
orders, site plan review and criteria, application for variances from district regulations, and
district landscaping regulations, shall be made in accordance with the terms of this Ordinance,
and not the Code of Miami-Dade County, as adopted by the City of Sunny Isles Beach.
Section 5. Immaterial Modifications and Correction of Scriveners Errors. The City staff
is authorized and directed to correct any and all scriveners errors, any internal inconsistencies
02002-165 Land Development Regulations
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and make any immaterial modifications to this Ordinance, provided that those changes do not
modify the intent expressed by this City Commission.
Section 6. Severability. The provisions of the Land Development Regulations are declared
to be severable and if any section, sentence, clause or phrase of the Land Development
Regulations shall for any reason be held to be invalid or unconstitutional, such decisions shall
not affect the validity of the remaining sections, sentences, clauses of these Land Development
Regulations but they shall remain in effect, it being the legislative intent that these Land
Development Regulations shall stand notwithstanding the invalidity of any part.
Section 7. Inclusion In the Code. It is the intention of the City Commission and it is hereby
ordained, that the provisions of these Land Development Regulations shall become, and made a
part of, the City of Sunny Isles Beach Code of Ordinances; that the sections of these Land
Development Regulations may be renumbered or re-Iettered to accomplish such intentions.
Section 8. Effective Date. These Land Development Regulations shall be effective ten (10)
days after adoption on second reading.
PASSED and ADOPTED on first reading the 20th day of November, 2002.
PASSED and ADOPTED on second reading this 1 0'" ~ber. 200
David Samson, ayor
ATTEST: <
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~PRd~~ TO FORM
ANDU~AL SUFFICIENCY:
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Lynn M. Dannheisser, City Attorney
Motion on second reading by:
VOTE: yo
Mayor David Samson
Vice Mayor Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Danny Iglesias
Commissioner Lila Kauffman
Second on second reading by:
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02002-165 Land Development Regulations
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