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Home My WebLink AboutResolution LPA 2005-32 LP A RESOLUTION NO. 2005- 3 ~ 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 265-18(1) OF THE LAND DEVELOPMENT REGULATIONS RELATING TO SITE PLAN MODIFICATIONS, 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 265-18(1), relating to "Site Plan Modifications" of Ordinance No. 2002-165, adopting the City's Land Development Regulations; WHEREAS, by Ordinance No. 2003-167 adopted on March 20, 2003, the City Commission established a process to review and approve minor site plan modifications and determined that there is a need to clarify the criteria established to determine whether a site plan modification is minor or major; and WHEREAS, the LP A has determined that this amendment would clarify the Ordinance and it is in the best interest of the City and its residents to recommend approval of the Ordinance amending Section 265-18(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 Section 265-18(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 AND ADOPTED this 8th day of December 2005. ~ LPA R2005- Amend See 265-18(I).ofLDRs Page 1 of2 .. \ Jan~' A. ' nes/f'it:.'1 Clerk . h ';:flY '.-".... .",> .. " .41>. .\..:> "i :I.. ~J.; ~<j ...~ .. ~ <\",.... APPROVED AS TO FORM AND LE L SUFFICIENCY: Moved by: Seconded by: G~\S'~,O~iR... GooCml\-,v Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias v (Yes) V (Yes) V (Yes) V (Yes) V (Yes) (No) (No) (No) (No) (No) LPA R2005- Amend See 165-18(I).ofLDRs 2 ORDINANCE NO. 2005- ~z.J 0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-18(1) OF THE LAND DEVELOPMENT REGULATIONS RELATING TO SITE PLAN MODIFICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, by Ordinance No. 2003-167, adopted on March 20, 2003, the City Commission established a process to review and approve minor site plan modifications; and WHEREAS, minor site plan modifications are permitted to be approved administratively by the Planning and Zoning Department if certain criteria are satisfied; and WHEREAS, the City Code requires major site plan modifications to be approved by the City Commission; and WHEREAS, there is a need to clarify the criteria established to determine whether a site plan modification is minor or major; and WHEREAS, the City Commission wishes to adopt this Ordinance to clarify the criteria to review minor site plan modifications. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this ordinance upon hereof. Section 2. Amendment. Section 265-18 (1)(2) is hereby amended to read as follows: (2) Minor modification, The City Manager shall administratively approve "minor" changes and deviations from an approved site plan which are in compliance with the provisions and intent of this chapter and which do not depart from the principal concept of the approved plan, An amendment shall be considered a minor modification if in compliance with each of the following limitations: (a) The change is a nonuse modification does not change ~ lot coverage, setbacks, height limitations, efe., as well as density or intensity calculations set forth in a previously approved site plan. (b) The change is not an alteration that would otherwise require a variance or would not meet the requirements of the Code of the City of Sunny Isles Beach; Site Plan Modification Ordinance I Words underlined are added Exhibit" A" (c) The is no change in the location, size and general site compatibility of building, lighting, and signs. (d) There is no increase in the number of average daily trips. (e) The change does not alter the location of any points of ingress, egress, access and vehicular and pedestrian patterns to the site; (1) The change does not substantially decrease the value of or substantially change the character or location of any improvement or amenity; (g) The change to landscape material, location, planting techniques, species, or size as deemed necessary by the City Manager or his/her designee due to availability or site conditions; and (h) The change does not result in a material modification or the cancellation of any condition placed upon the site plan as originally approved. Section 3, Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Repealer. Any and all ordinances, resolutions and parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or in conflict herewith. Section 5. Inclusion in the Code, It is the intention of the Commission, and it is hereby ordained, that the provisions of this ordinance shall be included in the City of Sunny Isles Beach Code; that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 6, Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the ll~ day of JJ {)ue.~ , 2005. PASSED and ADOPTED on second reading the 8~ day of ~, 2005. ~m~ .... 'i: .. - , -.- I:._~. ATTEST: ~A~' Jane A. Hines, City Clerk Site Plan Modification Ordinance I Words underlined are added Page 2 of3 Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias Site Plan Modification Ordinance I Words underlined are added ORM IENCY Moved by: Vt02 tY\~Oy lHrl1-CCKt Seconded by: ~m ~..s.&'\'t\t..J<it2. L?oo~~ 0Yes) 0Y es) k1Yes) V (Yes) V(Y es) _(No) _(No) _(No) _(No) _(No) Page 3 of3 OF SUN TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fox (305) 947-2150 Building Deportment (305) 947-5107 Fox City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin. Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner Chief Fred Maas, Interim ClIy Manager Hans Ollinol, City Aflorney Jane A. Hines, City Clerk MEMORANDUM The Honorable City Commission Hans Ottinot, City Attorney ~ Jorge Vera, Assistant City Managex November 17,2005 U Amendment Relating to Site Plan Modification RECOMMENDA TION This Ordinance is presented for your consideration and approval. REASONS By Ordinance No.2003-167, adopted on March 20, 2003, the City Commission gave staff the authority to approve minor site plan modifications if certain criteria are satisfied. Staff has determined that there is a need to clarify the language in one of the criteria. Essentially, the proposed amendment provides that a minor modification will not change the lot coverage, setback, height limitations, as well as density or density calculations set forth in a previously approved site plan. As you may recall, major site plan modifications are required to be approved by the City Commission. HO/jb Agenda Item q A. ~ Date 12-~ -0 S The Honorable CIty CommIssIon Recommendation Amendmenl Relaung to Slle plan Modificauon ......,...'... ~ "r .. -. . ,,,,,<,_::.:::::;:.~': CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARINGS NonCE IS HEREBY GIVEN that the City Commission, also sitting as the Local Planning. AgenCy, of the City of Sunny Isles Beach,. Florida, will hold public hearlngsln' the Sunny Isles Beach. Government Center, David P. Samson CommlssJonChambers, 18070 Collins Av~nue, Sunny Isles Beach, Florlda,on Thursday, J:ltCembtt 6, 2005, .t 7:30 p.nt., to consider final adoption of the folloWlnOrdlnances: .. . :"">'-. ..':: ,,: . :' . " 'ANORDI~ANCEO'FTHE CITY COMMISSION OF THE CITY OF SUNNYISLES', 'BEACH, < FLQRIDA;AMENDING SECTION 265-18(1) OF THE LAND . DEVELOPMENT REGULATIONS RELATING TO SITE PlAN MODIFICATIONS PROVIDING .. FOR SEVERABILITY;.. PROVIDING FOR REPEALER: . PROVIDING FOR INCLUSION IN THESODE; PROVIDING FOR ANEFFECTIVEOATE.' '.--- ,-"....';-.. ":':-':", .,' _.,...-:..... . . " -'. , "" ANOBDINANCEOFTHECITY COMMISSI()N'oF THE CITY OF SIJNNYISLElf BEACH,iFLORIDA, ....AMENDINGSECTION . .265-5 OF '. THE, ,LAND OEVELOPMEt(TREGULATIONS TOREVlSUHE DEFINmON OF THE TERM HEIGHT 'PROVlDINGFOR SEVERABILITY; PROVIDING <FOR REPEALER; ,PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFfECTIVE <.DATE. .'... . . ......, , ..' -. -, ,," , '. -," . ,..,', " . ,.lnQlJlrl. lIS......... t. .egard.... jng thislt.e.m.m. a.y be...d. ir.ec. ted to the. City CI.erk.at 305-.. 941..-06.'.06. COpies of these documents are,avallable for public Inspection during normal bUlli~~ h~rs l~ City HaiL - .. . Jane A. Hines, City ,Clerk >(....,' 3 t r .~ij..<;. io. f ~3 !'i" - "1 III , 0 ~ 0 .; IN :1,1 "': ,N 0::, IW j~ lW +~ :z i - I~ 10 jz I~ 1- io '...J i~ 10:: (~ IW l:t I..... ., l E I 8 1'-0 :;;; I ... ; QJ l..~ : ~ ! ~ : :;: i !> ;<1. i I ! I