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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. l.l ..' "- ~ ",," " , 'ATTEST: / ..' R' 'i'A':~ ','.~,~.:" ," Jane A. Hines, crij Clerk + ,;. , .~ ". ~ ;: to' t 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 +'" 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