The URL can be used to link to this page

Home My WebLink AboutResolution LPA 2004-20 LPA RESOLUTION NO. 2004-z'O 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 265-58 (I) OF THE LAND DEVELOPMENT REGULATIONS RELATING TO TEMPORARY CONSTRUCTION FENCING; ESTABLISHING GENERAL STANDARDS FOR THE INST ALLA TION OF TEMPORARY CONSTRUCTION FENCES; PROHIBITING CERTAIN FENCES; MAKING THIS ORDINANCE RETROACTIVE 90 DAYS AND ALLOWING COMPLIANCE, ATTACHED HERETO AS EXIDBIT "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 [i and adopted the Land Development Regulations by Ordinance No. 2002-165; and WHEREAS, the City Commission, as the LPA, has reviewed Section 265-58 (I), relating to temporary construction fencing of Ordinance No. 2002-165, adopting the City's Land Development Regulations, making this ordinance retroactive 90 days and allowing compliance, and has determined that amending Section 265-58 (I) would clarify the Ordinance; and WHEREAS, the LPA has determined that it is in the best interest of the City and its residents to recommend approval of the Ordinance amending Section 265-58 (I) 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 265-58 (I) 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 !'-!ID ADOPTED this 22nd day of July, 2004. " I ~ """'~'i' It"""'''' ' :..... " i, , , ,,:. ij $ ~ ;', "-:,' '.' -,"~-.--."" .. . . '.' '-~ '. ", \ . ; :. , , "; , t, ""',.' '. . "'-. Jane A. Hine-s;City Clerk' . t: ,":1. e .' ~ ."':" ~'.' \ LPA R2004- Amend Sec. 265-58 (I).ofLDRs Page 1 of2 APPROVED AS TO FORM AND LEG SUFFICIENCY: Vote: 5'-0 Mayor Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler LPA R2003- Amend Sec 165-23.ofLDRs Moved by: Seconded by: \/" (Yes) ~(Yes) VAYes) V ~Y es) V (Yes) 2 Co~ THm-~ C~"\ &Rcr '2-1 tJ (No) (No) (No) (No) (No) ORDINANCE NO. 2004- ~ I \ AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-58 (I) OF THE LAND DEVELOPMENT REGULATIONS RELATING TO TEMPORARY CONSTRUCTION FENCING; ESTABLISHING GENERAL STANDARDS FOR THE INSTALLATION OF TEMPORARY CONSTRUCTION FENCES; PROIDBITING CERTAIN FENCES; MAKING THIS ORDINANCE RETROACTIVE 90 DAYS AND ALLOWING COMPLIANCE; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to protect the health, safety and welfare of its residents by regulating temporary construction fences; and WHEREAS, the City Commission wishes to establish uniformed criteria for the installation of temporary construction fences. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. General Requirements. Temporary eonstrnetion fencing. Subject to approval by the City Manager, graphics and painted murals may be applied to temporary eenstrnetien feaeing ereeted at the perimeter ef a eeBstruction site for the purpose~ of providing an aesthetic enhancement of the sereeniBg fence. The graphics shall be of a noneommercial nature with limited sponsorship identification. A speeial permit shall be obtained from the City Manager as a temporary sign permit. 1. Temporary construction fencing. No person or entity shall install or construct a temporary construction fence in this City without first obtaining a permit from the City's building department. Each fence constructed or maintained shall be so constructed and anchored in accordance with the Florida Building Code. 2. Permitted Fences. Except on the east side of Collins Avenue, the following temporary construction fences are permitted in all the zoning districts; (a) wrought iron or blackened aluminum. Temporary Construction Fencing Rev. Legislation/Ordinances HO/jb Exhibit" A" "' (b) stucco and stone match main structure. (c) masonry walls. (d) wood pickets. (e) concrete wall (f) frame plywood panel The temporary construction fence shall be installed on the front, side, and rear property lines. On the eastside of Collins Avenue, no other material shall be used to construct a temporary construction fence on the front property line, except for the following: (a) masonry walls. (b) concrete walls. (c) frame plywood panel. (d) stucco and stone match main structure. 3. Prohibited Fences. The following fences are not permitted; (a) chain link fences. (b) barbed wire fences. (c) fences made of canvas material. (d) any fences that fail to meet the requirement of the Florida Building Code. 4. Maximum and Minimum Height. A fence is permitted a maximum height of twelve (12) feet and a minimum height of six (6) feet. 5. Setbacks. A temporary fence installed on the front of the property shall be situated six (6) feet from the property line. The setback area between the temporary fence and the property line shall contain a continuous extensively landscaped buffer which must be maintained in good healthy condition by the property owner. No temporary construction permit shall be issued unless a landscape plan is approved by the City for the buffer. Failure to maintain the landscaping will result in the City taking action to replace same and lien the property for the costs of landscaping. Temporary Construction Fencing Rev. Legislation/Ordinances HO/jb 2 6. Expiration of Permit. A temporary construction fence permit issued under this ordinance shall expire upon the issuance of certificate of occupancy. The temporary fence shall remain on the property until the completion of construction. 7. Murals and Graphics. Graphics and murals on temporary construction fencing are prohibited unless approved by the City Commission at site plan review pursuant to Section 265-18 of the LDR. The City Commission, in their discretion, may permit graphics and painted murals on temporary construction fences for aesthetic enhancement of the fence, and advertisement of the project to be constructed at site plan review. A minor change as defined by the Land Development Regulations (LDRs) approved administratively by the City Manager without notice to the Commission~ 8. Fees. The City Manager or designee may impose fees as they may determine appropriate for the use of construction fences for advertisement purposes in accordance with Ordinance No. 2002-153. 9. Access Gates. All temporary construction fences shall contain access gates with a minimum clear opening width of 12' -0". Access gates must be provided at the front and rear of the enclosure. Gates must be kept unlocked during inspection hours. 10. Temporary Construction Signs. Construction, erection, and maintenance of temporary construction signs shall be governed by Section 265-57 (c) of the Land Development Regulations. 11. Appeal. Any decision made by the City Manager or designee regarding graphics, advertisement, and murals on temporary construction fence may be appealed to the City Commission. Section 2. Retroactive Apl'licatioD,. This ordinance shall be applied retroactively provided that property owner who has already erected a construction fence that does not comply with this ordinance shall have 90 days from the passage of this ordinance to so comply. Thereafter. failure to comply shall be deemed a code violation. Temporary Construction Fencing Rev. Legislation/Ordinances HO/jb 3 " Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed 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 become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. 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 6. Effective Date. This Ordinance shall take effect ten (10) days after adoption at second reading. PASSED and ADOPTED on First Reading the ~ day of ~~ 2004. PASSED and ADOPTED on Second Reading this ~~ay of ~~ 2004. . .. .. , , ..;..~ ....--.. t~; ',' , . .- \. .anej,A. H~es, ~tt'y/Clerk iii <:) '--- ~ ,,:' ~- :..) APFIta'VI:D 'AS TO FORM AND LEGAL SUFFICIENCY ynn M. Dannheisser, City Attorney Moved by: O~~ ~~ Second by: ~~ Mo:1~vG~oNYwJ Temporary Construction Fencing Rev. Legislation/Ordinances HO/jb 4 VOTE AS FOLLOWS: Mayor Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler Temporary Construction Fencing Rev. Legislation/Ordinances HO/jb 5~Q L0 yes (L) yes ~yes ~yes UL) yes <--J no <--J no <--J no <--J no <--J no 5 TO: FROM: DATE: RE: 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 Bruin, Commissioner Danny IlIesias, Commissioner Lewis J. Thaler, Commissioner (305) 947-0606 City Hall (305) 947-2150 Building Department (305) 949-3113 Fax Christopher J. Russo, City Manager Lynn M. Dannbeisser, City Attorney Jane A. Hines, City Cleric MEMORANDUM The Honorable Mayor and City Commission Lynn M. Dannheisser, City Attorney cd I\ July 8, 2004 tJ#' J Temporary Construction Fencing At the Mayor's request, I have drafted an amendment to temporary construction fence ordinance, to make the ordinance apply retroactively and allowing the property owner who has already erected a construction fence that does not now comply with this ordinance to have 90 days from the passage of this ordinance to come into compliance. LMD