HomeMy WebLinkAboutResolution LPA 2003-07
LPA RESOLUTION NO. 2003-1J::J
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 2.01, "DEFINITIONS" OF ORDINANCE NO. 2002-
165, ADOPTING THE CITY'S LAND DEVELOPMENT
REGULATIONS, TO INCLUDE A DEFINITION OF ''BEACH
ACCESS", 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
2.01, "Definitions" of Ordinance No. 2002-165, adopting the City's Land Development
Regulations, to include a definition of "Beach Access", and has determined that this amendment
would clarify the Ordinance to contain such a definition; 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 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 2.01 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 2.01 of LDRs
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APPRC>VED-AS TO FORM
AND LEGAL SUFFICIENCY:
Vote: 5-0
Mayor Samson
Vice Mayor Edelcup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffman
LPA R2002- LDRs
Moved by:
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Seconded by:
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_(No)
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_(No)
_(No)
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ORDINANCE NO. 2003-~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, A:MENDING SECTION 2.01,
"DEFINITIONS" OF ORDINANCE 2002-165, ADOPTING THE CITY'S
LAND DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION
OF ''BEACH ACCESS"; PROVIDING FOR REPEALER; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2002-165, which was approved on December 10, 2002,
includes several references to "beach accesses" in the land development regulations; and
WHEREAS, there is no consistent definition of this term and it would clarify the
ordinance to contain such a definition;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Amendment to "Definitions" Section 2.01 of Land Development Regulations.
Section 2.01 of Ordinance No. 2002-165 is hereby amended to include a definition of "Beach
Access," following the definition for "Base Flood", as follows:
"Beach Access" shall mean and include a non-exclusive, publicly accessible, open air
and unenclosed paved landscaped hard surface area easement linking Collins A venue to
the Oceanfront Beach, of not less than 15 feet wide and to be located within a required
side setback area, on that side of the property closest to a signalized public crosswalk on
Collins A venue and, where practicable, on the side adjacent to an existing beach access
easement, provided by abutting property with such easement to be over, across, under and
through said property, with the elevation of such easement to be no more than six feet
above gt'6tlftd grade.
Section 2. Repealer. To the extent that any definition of "beach access" is contrary to the
definition included in this ordinance, it is, and same, shall hereby be repealed.
Section 3. Severability. If any provision of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction such provision shall be deemed a
separate, district, and independent provision and such holding shall not affect the validity of the
remaining provisions.
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 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
Exhibit" A "
02003- Amendment to Section 201 LDRs
. . .
Section 5. Effective Date. This Ordinance becomes effective ten (10) days after adoption on
second reading and shall be applied rctf6aethely te the date af adepuefl ef the L8:fld
Devclepmeflt RegulMiefls by Ordifl8:flee Ne. 2002 165.
PASSED and ADOPTED on first reading the 19th day of June, 2003.
PASSED and ADOPTED on second reading, this 11~
2003.
AT1'EST:
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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nrM. Dannheisser, City Attorney
Motion by: CbM "'\ c::. <'\ 0 N~ ~Af.tPA1\ltO
Second by: V\ t..l. ~ ~v" S-A.eACLAf
VOTE: S-D
Mayor David Samson
Vice Mayor Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Daniel Iglesias
Commissioner Lila Kauffman
(yes) ~
(yes) ..JL..
(yes) V
(yes) ~
(yes) V
(no)_
(no)_
(no)_
(no)_
(no)_
02003- Amendment to Section 201 LDRs
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