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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 ,,; fji ~ ","!\~\ . .~ ip s "'" ,,',,':/ \ A mS,T: '/ .." ". l ~. 'c') , :'~. ~U~ Riohard ~tdorill~ City Clerk " -' \.,. _10 .,j ~ ; 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") ~ 0Yes) V(Yes) /(Yes) V (Yes) --1L.(Y es) _(No) _(No) _(No) _(No) _(No) 2 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 2 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: < !?~' ~. /~ ~ ,,}'..,. '-~.~.... . .':. ni 'F~IIIOriU" City Clerk , t ; ," ! .'....' ~PRd~~ TO FORM ANDU~AL SUFFICIENCY: ~ ~- 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: 1'A.~av 1) OJJ\ c\. .s 0...-4~ ~t.r4I~~~~ (yes) r/ (yes)~ (yes)~ (yes) -.1L (yes) -,;;:7 (no)_ (no)_ (no)_ (no)_ (no)_ 02002-165 Land Development Regulations 3