HomeMy WebLinkAboutResolution LPA 2004-12
LPA RESOLUTION NO. 2004-lk
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 504.2.1 (iv) ALSO REFERRED TO AS CHAPTER
265-14 B(I)(d) TO ALLOW AN EXCEPTION TO THE RULE
THAT SALES OFFICES BE LOCATED ON AND LIMITED
TO THE PROPERTY WHICH IS BEING MARKETED AND
HAS FINAL SITE PLAN APPROVAL, ATTACHED AS
EXIDBIT "A"; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commissioners, serving as the Local Planning Agency ("LPA"),
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 Section
504.2.1(iv) also referred to as Chapter 265-14 B(I)(d), to allow an exception to the rule that Sales
Offices be located on and limited to the Property which is being marketed and has final site plan
approval; 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 504.2.1(iv) also referred to as
Chapter 265-14 B(I)( d), of the 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 Section 504.2.1(iv) also
referred to as Chapter 265-14 B(I)(d), 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 January, 2004.
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, 'ATTEST:
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," Jane A. Hines, crij Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
L n M. Dannheisser, City Attorney
Vote: 5-t>
Mayor Ede1cup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
LPA RZOO4-Amend See 504.Z.1(iv) LDRs
Moved by: ClJm~'$$\()f0CL~ IGLf.S)t4-~
Seconded by: G~l"t\'~Ib1\:)F~ ~EZI~
v (Yes)
V (Yes)
V.(Yes)
:;--<Y es)
(Yes)
(No)
(No)
(No)
(No)
(No)
2
,
ORDINANCE NO. 200~ ...dL.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING SECTION 504.2.1 (iv) ALSO REFERRED TO AS
CHAPTER 265-14 B (1)(d) TO ALLOW AN EXCEPTION TO THE RULE THAT SALES
OFFICES BE LOCATED ON AND LIMITED TO THE PROPERTY WHICH IS BEING
MARKETED AND HAS FINAL SITE PLAN APPROVAL; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, a developer has requested permission to place a temporary sales offices at a
non-construction site; and
WHEREAS, the City Commission wishes to permit temporary sales offices at non-
construction sites.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Amendment to Section 504.2. 1 (iv)
504.2.1 The establishment of the following uses shall require a temporary use,
structure permit or special events permit issued by the City.
1. Construction of on-site offices for a development project with final site
plan approval.
11. Construction materials storage, processing and fabrication on-site for a
development project with final site plan approval.
111. Construction equipment storage on-site for a development project with
final site plans approval.
IV. Temporary sales centers and model homes established for the express
purpose of marketing a real estate development project with final site plan
approval. The sales office or center and model homes shall be located on
and limited to the property, which is being marketed for sales except. a
sales office may be permitted as a conditional use (requiring hearing and
site plan approval of such sales office) prior to final site plan approval for
the for the real estate development proiect to be sold if the property where
the proposed sales office is to be located abuts Collins Avenue or Sunny
Isles Beach Boulevard and the owner of said property owns contiguous
property abutting Collins Avenue or Sunny Isles Beach Boulevard. as the
case may be. The sales office or center may be permitted subiect to the
following conditions:
Exhibit" A"
Section 504 amendment
Created on 12/2/20034:58 PM
fat The sales office shall be removed if site plan approval for the
main real estate development proiect is not granted within one
year from the date the building {>ermit for the sales office is
issued. and a builciing permit fer eomplete eonstmetion ef the
real estate Ge:-:elopmem: pmleet is Bot isooed within one year
from the date the building permit for the sales offiee is issued.
(b) The property owner shall post a bond or comparable
instrument acceptable to the City Manager and in amount
sufficient. in the sole opinion of the City Manager. to pay for
the cost of demolition and removal of the temporary sales
office from the site. Said instrument shall be from a surety
company or financial institution acceptable to the City
Manager and shall be in a form approved by the City Attorney;
(c) The sales office shall meet all Land Development Regulations
pertaining to the underlying zoning on the site. or for office
use. whichever is more stringent including Commission
approval of a site plan for the temporary sales office.
v. Garage sales.
VI. Seasonal sales lots offering Christmas trees, pumpkins, flowers and the
like; however, no temporary permit shall be issued for sales within public
rights-of-way, and fireworks sales shall be subject to Fire Department
approval.
V11. Sidewalk or parking lot sales by City licensed businesses.
V111. Non-City sponsored fireworks displays and shows.
IX. Carnivals, fairs, concerts, circuses or similar events.
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, 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.
Section 4. Effective Date. This Ordinance will become effective ten (10) days after adoption
at second reading.
PASSED and ADOPTED on first reading the 12~ day of ~e."",bot..v-, 2003
Section 504 amendment
Created on 12/2/2003 4:58 PM
2
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PASSED and ADOPTED on second reading this IS day of .:J~LtIPtR..'i , 2004
A TrEST:
. .~~'.~
Jane A. H~nes, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
L n M. Dannheisser, City Attorney
Moved by: CoWVW'\\s~'o~'U2. IG.Lffl~
Second by: Co\"Nw\\~S.\bl)~ THAi-~
VOTE: 5-0
Mayor Norman S. Edelcup
Vice Mayor Gerry Goodman
Commissioner Roslyn Brezin
Commissioner Daniel Iglesias
Commissioner Lewis Thaler
(yes) V
(yes) V
(yes ~
(yes) V
(yes) JL.
(no_
(no)_
(no)_
(no)_
(no)_
Section 504 amendment
Created on 12/2/2003 4:58 PM
3
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Gerry Goodman, Vice Mayor
Roslyn Brezin. Commissionel'
Danny Iglesia.. Commissioner
Lewis Thaler, Commissioner
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Christopher J. Russo, City ManageI'
Lynn M. Dannheisser, City Attorney
Jane A. Hines, City Clerk
Memorandum
TO:
FROM:
DATE:
RE:
The Honorable City Commission
Lynn M. Dannbeisser, City Attorney ~
December 18, 2003
Creating an Exception for Sales Offices
RECOMMENDATION:
This Ordinance has been prepared at the request of Mayor Edelcup.
REASONS:
Section 504.2.1(iv) also referred to as Chapter 265-14B (1) (d) proyides that
temporary sales offices may be established by conditional use for the express
purpose of marketing real estate development project with a final site plan
approval. This amendment creates an exception to this rule to allow a sales office
to be permitted prior to final site plan approval for a real estate development
project if such property (where the proposed sales office is to be located) abuts
Collins Ayenue. It also requires the property owner to post a bond in the amount
that will be necessary, if the City were placed in a position of having to remove the
temporary sales offices, and finally, it requires that those offices meet all Land
Development Regulations and parking requirements for such sales offices.
LfvID/jb
Agenda Item
Date
U:\attomey\attomey\General\Recommendation on Ordinance for Acceptance of Sales Centers. doc