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HomeMy WebLinkAboutResolution LPA 2003-06 LPA RESOLUTION NO. 2003- ~ 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 THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SUNNY ISLES BEACH TO MODIFY CHAPTER 5, SECTION 501, PROCEDURES OF GENERAL APPLICABILITY, 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 amendments to Chapter 5, Section 501, "Procedures of General Applicability" of Ordinance No. 2002-165, adopting the City's Land Development Regulations, and has determined that these amendments would facilitate the process of reviewing zoning applications; 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 2.01 of Land Development Regulations. 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 Chapter 5, Section 501 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 17th day of July, 2003. LPA R2003- Amend See 501 of LDRs Page 1 of2 ~Am:S~:'..',",' . ,..""'....~\. .' ,\ ,:/ ~ ,', ,.i/ .".. ',.. ' " ....i:~: -: JaRe.A.!Hfht1J, Actih.g City Clerk .. " , ...,. ... "'A ~ f! t- oJ p<;-.. ,~ ' ., " \j ~, /",~ ," -;4<; .~.. APPRQ~FYAS TO FORM AND CIENCY: Vote: 5-0 Mayor Samson Vice Mayor Edelcup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman LPA R2002- LDRs Moved by: ~'h\,"",\~Slbl\)CUl ~L~)~ Seconded by: V ICR. rl\~DY Ed. e \ c.u. p . ~(Yes) V(X es) ~Yes) ~cyes) ~Yes) _(No) _(No) _(No) _(No) _(No) 2 .'- ORDINANCE NO. 2003- 178 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SUNNY ISLES BEACH TO MODIFY CHAPTER 5, SECTION 501 PROCEDURES OF GENERAL APPLICABILITY; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 2002, the City of Sunny Isles Beach adopted its Land Development Regulations pursuant to the requirements and authority of Florida State Chapter 163, Part II and Florida State Chapter 166 and the Constitution of the State of Florida, and WHEREAS, the purpose of the Land Development Regulations'Is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City, and WHEREAS, the Land Development Regulations are adopted in order to foster and preserve public health, safety, comfort and welfare and to aid in the harmonious, orderly, and progressive development and redevelopment of the City, and WHEREAS, it is the intent of these Land Development Regulations that the development process in the City be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; equitable, in terms of consistency with established regulations and procedures, and shows respect for the rights of property owners, and the consideration for the interests of the citizens of the City. NOW THERFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS: Section 1 Amendment of Chapter 5. Section 501. Chapter 5 Section 501 of the City's Land Development Regulations is hereby amended as follows: Chapter 5: DEVELOPMENT REVIEW PROCEDURES Section 501: Procedures of general applicability. 501.1 Who May File: An application for approval of a development permit may be filed only by the fee simple owner of the land affected by the development permit or a contract purchaser or lessee. if applicable. of said land authorized by the fee simple owner to file such an application. ~ Fourteen days prior to hearing. all contracts for purchase or leases must be presented or the application and any action taken thereon. shall be considered null and void. Evidence of ownership of title must be presented to, and deemed legally sufficient by, the City. In the case of an 02003- Amendment to LDRs Sec. 501 Development Review Exhibit" A " amendment to the Comprehensive Plan or Official Zoning Map, an application may be filed by the property fee simple owner or the City of Sunny Isles Beach. 501.2 Application Requirements. Every application for a development permit shall be in a form specified by the City and shall be accompanied by a fee, as established from time to time by the City, to defray the costs of processing and reviewing the application and the required notice. (Professional fees shall be charged to the applicant in accordance with Ordinance 2001-132. as may be amended from time to time. after the hearing on the application and must be collected prior to permitting as more specifically described in Section 501.6 hereinbelow.) The application shall also be accompanied by the required notice. Applicant shall submit ten (0) copies of the application. accompanied by plans, data, or documents specified by the application form. Applicant. at its sole expense. shall timely supply such other additional copies as may be required by the City. 501.3 Pre-application Conference. The Zoning Director, and Planning Consultants.1 aati their successors or assigns ( hereinafter referred to as "Director")shall, a130n reqaest of the ap13lieant, schedule and hold pre-application conferences ffi.--tfte pr~senee ef the applieaRt aBd his or her rcpresentati',es, aRd the Dir~etor for the purpose of reviewing the proposed development.1 prior to the formal submission of an application for development approvaL Formal application or filing of aft complete application and plans with the DepartmeRt of ZORiRg, PlaRRiRg and B1:lilding Director is not required for the pre-application conference. Failure of staff to identify any requirements at a pre-application conference shall not constitute waiver of the requirement by staff or the decision-making body. 501.4 Filing of Applications. The ZORiRg, PlaRRiRg and BuilwRg Dircctor Director shall establish application filing deadlines and a review schedule for all applications. All applications for a development permit filed with the Departments of Zoning, Planning and Building shall be reviewed in the presence of the Director and City Attorney. at minimum. to determine whether the application is complete. No time schedule set forth in this Chapter may be waived in order to ensure the intelpity and correctness of this process. If an application is incomplete the DepartmeRt of ZORiRg, PlanRiRg and B1:lilwRg Director shall notify the applicant in writing of the deficiencies within 5 working days of receipt of the application. Upon determination that the application is complete. the Director shall distribute said application to the City Manager. the City Attorney. Planning Consultants. Building Official. landscape architect. traffic engineers. and other appropriate County and state agencies including. but not limited to Fire. DERM. W ASA. Army Corps. FOOT and other appropriate review agencies. Review agencies within the control of the City shall provide their initial report to Director within ten (0) fourteen (4) working days. The Director shall submit the review agency's initial report to applicant. 02003- Amendment to LDRs Sec. 501 Development Review 2 Applicant has ninety (90) days to correct or amend application after receipt of review agency comments. or decline to so respond. Should development plans be substantially amended. or should the application require further review and analysis by staff as a result of such correction or amendment. staff shall have an additional twenty-one (21) days to review changes. An application for development approval may not be scheduled for public hearing until all required information has been submitted and the required review agencies have completed their review. Once the review is cOlBf)lete, the apfJlieatio8 .....m be sehedlded for the aext a'lailaele publie heariag. Upon a determination by the Director that the applicant has addressed all review agency comments or indicated s/he is declining to respond. the Director shall submit full recommendations to the City Manager and City Attorney prior to its issuance to the Applicant and the public. Once the City Manager and City Attorney review said recommendation. they shall advise the Director that a public hearing shall be scheduled for the next available zoning agenda meeting but in any case. not less than thirty (30) days after submittal of recommendation to the Applicant. 501.5 Public Hearing and Notices Procedures. All public hearing and notice requirements shall be provided in accordance with the provisions of F.S. ~ 163.3184(15) for a change to the City's adopted Future Land Use Map, F.S. ~ 166.041 for adoption of ordinances and resolutions, and the City's quasi-judicial legislation as may be amended. Written recommendations of the City Manager or his designee shall be developed and such recommendations shall become a part of the hearing file and record, and open for public inspection. Notice of the time and place of the public hearing describing the nature of the application and street address of the property shall be published in a newspaper of general circulation in the City not less then ten days prior to the public hearing. A notice containing substantially the same information set forth in the published notice shall be mailed to the property owners of record located within a radius of 300 feet of the property described in the application not less than ten days prior to the public hearing. The property shall be posted no later than ten days prior to the hearing in a manner conspicuous to the public, by a sign or signs containing information concerning the application including but not limited to the applied for zoning action and the time and place of the public hearing. All costs of advertising, mailing and posting shall be borne by the applicant. Modifications made to the application and site plan (regardless of cause or reason for those changes) subsequent to the issuance of the recommendation from Director shall cause the matter to be deferred until such time that the changes have been reviewed in accordance with the procedures set forth herein and in any case. not less than thirty (30) days after such modifications have been submitted to the City. 02003- Amendment to LDRs Sec. 501 Development Review 3 501.13 Fees and Bonuses. Upon final approval of the application. and after the Building Department has reviewed and approved the plan. no building permit shall be issued. or if issued. shall be deemed valid. unless and until all professional fees charged in accordance with Ordinance 2001-132. As may be amended from time to time. and all bonus amounts in accordance with these Land Development Regulations have been paid and collected in full. Section 2. Repealer. All ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. it Section 5. Effective Date. This Ordinance will become effective 10 days after adoption at second reading. PASSED and ADOPTED on First Reading the 17th day of July, 2003. -'1 PASSED and ADOPTED on Second Reading this rB+aayof t-..,.C....tt?~.g:? -'"I "..~,) , 2003. A~: ',' , ' t\ . . r '- ~,._-,.._.....,..- ~~ A Jv>~ Jane A. Hines, Acting City Clerk , David Samson, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ n {~ tiv'~-/~ L~ M. Dannhelsser, CIty Attorney } :~:~~: P~~;;:,1\~~ ~t:.~ VOTE: --" ."" ::..') to (\ in favor. Mayor Samson Vice Mayor Edelcup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman l/ yes ----c7 yes ~yes -v~s t. yes no no no no no 02003- Amendment to LDRs Sec. 501 Development Review 4