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HomeMy WebLinkAboutResolution LPA 2003-05 LP A RESOLUTION NO. 2003- () 5 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 ORDINANCE AMENDING SECTION 703.8.4(m) OF LAND DEVELOPMENT REGULATIONS ORDINANCE NO. 2002-165, ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commissioners, serving as the Local Planning Agency ("LP A"), conducted a public hearing relating to the Land Development Regulations on December 10, 2002 and adopted the Land Development Regulations by Ordinance No. 2002-165; and WHEREAS, the City Commission, as the LP A, has reviewed the amendment to Section 703.8.4(m) of the Land Development Regulations adopted by Ordinance No. 2002-165, entitled "Parking Garage/Rooftop Open Space" to provide that parking structures that fall within the VE Zone are exempt from setbacks and do not count against floor area ratio, 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 Ordinance amending Section 703.8.4(m) of Land Development Regulations Ordinance No. 2002-165. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS: Section 1. Recommendation: That the Local Planning Agency hereby recommends to the City Commission of the City of Sunny Isles Beach, the Ordinance amending Section 703.8.4(m) of Land Development Regulations Ordinance No. 2002-165, attached as Exhibit "A," for consideration by the City Commission pursuant to Chapter 163, of the Florida Statutes. Section 2. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 15th day of May, 2003. ATT~st:. " ~lWft ~~ Jane A. Hines, Acting Giiy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vote: 5-0 Mayor Samson Vice Mayor Edelcup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman LP A R2002- LDRs Moved by: ,,~ m~OY E~e.,\c.\J.. f> Seconded by: ~h\m\<C;:\()A)~t< ~t\UFf:lmf\-N V"""" (Yes) v(Yes) V(Yes) vfy es) 0Y es) _(No) _(No) _(No) _(No) _(No) 2 ORDINANCE NO. 2003- fl..l AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 703.8.4 (m) OF THE LAND DEVELOPMENT REGULATIONS ADOPI'ED BY ORDINANCE 2002..165 ENTITLED "PARKING GARAGE I ROOFfOP OPEN SPACE" TO PROVIDE THAT PARKING STRUCTURES THAT FALL WITHIN THE VE ZONE ON LOTS WITH 100 FEET OF FRONTAGE OR LESS, ARE EXEMPT FROM MINIMUM SIDE SETBACKS AND DO NOT COUNT AGAINST FLOOR AREA RATIO; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach, by Ordinance 2002-165 adopted its Land Development Regulations ("LDRs"); and WHEREAS, section 703.8.4 (m) as drafted did not reflect the intent ofthe sponsor of this section and conflicts with other sections of the LDRs and the City Commission now wishes to correct this language; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Amendment. Section 703.8.4 (m) shall be amended to read: (m) Parking Garage I Rooftop Open Space: The roof of every parking garage shall be landscaped or improved for active or passive recreational and open space use in accordance with design standards of Chapter 1001, Landscaping Requirements, A maximum of 5% percent of the total required on site-parking Spaces will be permitted to be located on open rooftops provided such parking shall be screened from upper level views through the use of canopies or landscaped trellis structures. For parking structures which fall within a VE zone on lots with 100 feet of frontage or less; said garage structure, including all facilities contained therein, shall not be counted against either the permitted floor area ratio or be subject to minimum side setback restrictions, provided that the garage portion which exceeds 20 feet above grade is located behind the building front setback, or, is located within the footprint of the principal building. 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 3. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Exhibit" A " Amendment to LDRS-- VE Zone 4. Inclusion into the Code. The provisions of this Ordinance shall be included and incorporated into the Code of Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this Ordinance may be renumbered to conformed to any uniformed numbering system. 5. Effective Date. This Ordinance shall be retroactive to the adoption of the LDRs by Ordinance No. 2002-165. PASSED and ADOPTED on first reading the 15th day of May, 2003 PASSED and ADOPTED on second reading this ltday of ~ APPROVED AS TO FORM AND G SUFFICIENCY: Moved by: c"M ~ \ S~, CA)~~f.'5: I As' . Second by:(' ..otntr\\~S'\OfJt:R.K~PPw1A-1\J VOTE: 3 - '2- Mayor David Samson Vice Mayor Norman S. Edelcup Commissioner Gerry Goodman Commissioner Daniel Iglesias Commissioner Lila Kauffinan (yes) ~ (yes) _ (yes) _ (yes) ~ (yes) V (no)_ (no)~ (no) V (no) _ (no)_ Amendment to LDRS--VE Zone 2 To: From: Date: Re: City of Sunny Isles Beach 17070 Collins A vepue, Suite 250 Sunny Isles Beach, Florida 33160 City Commission David Samson, Mayor Norman S. Edeleup, rice Mayor Gerry Goodman, Commwioner Danny .....Ia.. Commissioner Lila Kauffman, Commwioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Chrlstopber J. RUllO, City Manager Lynn M. Dannbelsser, City Attorney Jane A. Hines, Acting City Cleric MEMORANDUM The Honorable David Samson, Mayor The Honorable Norman S. Edelcup, Vice Mayor The Honorable Gerry Goodman, Commissioner The Honorable Daniel Iglesias, Commissioner The Honorable Lila Kauffman, Commissioner Lynn M. Dannheisser, City Attorney;jt0i) May 15, 2003 Ordinance Amending Section 703.8.4 (m) of The Land Development Regulations and Resolution of the LP A recommending the matter to the City Commission for consideration per Chapter 163 of the Florida Statutes. In attempting to apply Section 703.8.4 (m) of the Land Development Regulations, it became clear to staff that there were several ambiguities and provisions in this section that made no logical sense. Accordingly, I listened to the tapes of the meetings at which this section was proposed by Commissioner Iglesias. First, it was unclear whether, except for the sponsor of the section, anyone else (including staff) understood what a VB zone was; second, the wording utilized in the section did not comport with what was explained to me as the intention of the sponsor, and third, a material representation was made as to the small number of properties which would be affected by waiving setback requirements in the VE zone that Calvin Giordano, through the GIS system, later detennined was in error, i.e., since virtually all ocean front lot~ are within the VE zone, allowing no setbacks because of a parking structure being partially located within the VE zone, could possibly result in the elimination of side and rear setbacks for every property on the ocean which met the other provisions of this section. Accordingly, to be clear, this amendment hopefully now states with clarity and no ambiguity the original intention of the sponsor and also corrects any mistakes. The sponsor may wish to further amend, but I have undertaken only the task of clarifying the wording. (The Commission has the task of setting the policy, one way or the other). The section now provides that for parking structures which fall within a VE zone (which is a flood plain area and which FEMA has issued certain requirements which relate to building materials and construction methodologies), those structures Agenda Item ~__ Date 5-]5-03 . ,,, The JIonorable City Conunission May 15, 2003 Page 2 and any facilities contained therein, shall not be calculated in the building's FAR or shall not have any setback requirements (it can be built lot line to lot line) if a garage portion that exceeds 20' above grade is located behind the building setback. The sponsor of this section can explain the rationale but the words are at least clear and may now be applied without ambiguity or confusion once the Commission votes on this matter. LMD:ch Attachment