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Home My WebLink AboutResolution LPA 2005-33 LPA RESOLUTION NO. 2005- 33 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 265-5 OF THE LAND DEVELOPMENT REGULATIONS TO REVISE THE DEFINITION OF THE TERM HEIGHT, 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 265-5, relating to the definition of height of Ordinance No. 2002-165, adopting the City's Land Development Regulations, and that there is a need to clarify the definition of height as set forth in the Land Development Regulations; 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 265-5 ofthe 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 Swmy Isles Beach, the Ordinance amending Section 265-5 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. ."~ to 10. A TTE~:r" '" " .,' :,- ~~A'~', Jane A. Hil1e~:: City: Clerk ~: . , /: ..-" LPA R1005- Amend See 265-18(I).ofLDRs Page lof2 Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias LPA R2005- Amend See 165-18(I).ofLDRs Moved by: Seconded by: v (Yes) \.,./ (Yes) V (Yes) V (Yes) V (Yes) 2 ~u yY\~M..Et2.. ~vY\\ s. ~ \ Dl\}ce..rL E~ '2..1 tJ (No) (No) (No) (No) (No) ORDINANCE NO, 2005-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING 265-5 OF THE LAND DEVELOPMENT REGULATIONS TO REVISE THE DEFINITION OF THE TERM HEIGHT; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City Commission adopted its Land Development Regulations to govern the use of land wit4in the boundaries of the City; and WHEREAS, there is a need to clarify the definition of height set forth in the Land Development Regulations; and WHEREAS, the City Commission wishes to adopt the attached Ordinance to clarify the definition of height. 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, follows: Amendment. Section 265-5 of the City Code is hereby amended to read as HEIGHT --- The vertical distance from the crown of the adjacent road to the highest point of the structure being measured, includes all rooftop equipment or to the roof surface for a flat roof. or to the highest point of the main roof structure of the roof of a building having a pitched roof. In addition. (1) chimneys shall be permitted to extend 3 feet above the highest point of the roof where it passes through the roof or 3 feet above the roof if the roof is flat. (2) Parapet walls constructed on buildings with flat roofs shall be permitted to extend not higher than 3 feet above the roof. (3) Steeples shall be permitted to extend above the roof. 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. Exhibit" A " Height Definition amendment ordinance I Words underlined are added 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 J7+kday of .AJolleW\~2005. PASSED and ADOPTED on second reading the gu.. day of l)~be.v; 2005. 111k?~/,;;lc4:{/ / an S. Ede1cup, Mayor ATTEST~ ~L~ J~ne A. Hines, City Clerk ORM IENCY Moved by: YlCJ. (Y\~IlY'" \H-AL<r12. Seconded by: COh\vnl\~S\t)~t ~ Goo ~\'Y\l\i0 Vote: 5-0 Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias v(Y es) -.0Y es) V(Yes) V (Yes) -V(Yes) _(No) _(No) _(No) _(No) _(No) Height Definition amendment ordinance I Words underlined are added Page 2 of2 Or SUN TO: FROM: DATE: RE: City of Sunny Isles Beach ] 8070 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 Clly Commission Norman S, Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, CommissIOner Gerry Goodman, CommissIOner Danny Iglesias, Commissioner Chief Fred Maas, InterIm City Manager Hans Ottinol, Clly Altorney Jane A. Hines, Clry Clerk MEMORANDUM The Honorable City commiss(J!t'on Hans Ottinot, City Attorney -, .Jorge Vera, Assistant City Ma agD' November 17,2005 Recommending Amendment to Clarify Height Definition RECOMMENDA TION This Ordinance is presented for your consideration and approval. REASONS The purpose of the attached amendment is to clarify the definition of height as it relates to single family development projects. Our City Code currently includes rooftop equipment in the definition of height. This amendment provides height limitations for certain rooftop equipment or structure. Essentially, rooftop equipment is excluded in the definition of height. HO/jb CIty COmmISSJOn HeIght LlmJtauons ,'\genda Memo Agenda Item ~, "Z) Date /2- ~-OS ..~ .:~~;::::::::;.., CITY OF SUNNY ISLES BEACH . NOTICE OF PUBLIC HEARINGS NOTICE 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 hearings lit the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins AV,enue, Sunny Isles Beach, Florida, on Thursday, December e, 2OO5,.t 7:30 p,m" to consider final adoptlol}Of the followlngQr~lil}ances: ' . '. , . . . .. 'AN ORDINANCE OF THE CITY COMMiSSiON OF THE CITY OF SUNNY ISLES BEACH, FLORIOA, AMENDING SECTION 265-18(1) OF' THE ',.LAND DEVELOPMENT REGULATIONS RELATING TO SITE PLAN MODIFICATIONS PROVIDING FOR SEVERABILITY; PROVIDING FOR, REPEALER; PROVIOING' FOR INCLUSION IN THE€ODE; PROVIDING FO~ AN EFFECTIVE DATe. ..'....... .,.~. ,." .'-.,', ':.'. ...' -'.: -" ~: ... ' -. ":".' . <. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNYISLES' BEACH;FLORIDA,AMENDINGSECTION 265-5 .OF THE LAND DEVELOPMENT REGULATIONS TO REVISE THE DEFINITION OF THE TERM HEIGHT PROVIDING FOR SEVERABILITY; PROVIDING >FORREPEALER; , PROVIDING FOR INCLUSION 'IN THE CODE; PROVIDING. FOR AN EFFECTIVE . DATE. . '.' ,', , InquirieS regarding this Item may be.Qirected to the City Clerk at 305-94Z-06oe. , CopI86 of these documents are l\vailable for public Inspection dudng normal busil19$S holJrs II} City Hall, ' --' . . Jane A. Hines, City Clerk All persons are Invltedtd appear at thlll meeting or be represented by an agent, or to express their views in writing addressed to ,the City Commission clo the City Clerk, City of Sunny Isles Beach, 1807D. Collins Avenue, Sunny Isles Beach, Florida. 33160.. Any person wishing to address the City Commission at a public hearing Is asked to register wlth.the City Clerk by completing a public speakers' card prior to the Item being heard. The hearing' on . this matter may be. continued at . this meeting .and under such clrcumstlincetl,'addltlonal legal notice would not be provided. If a person decides to appeal any,declsion made by the City Commission With respect to any matter considered at such meeting, they Will need arecoro Of the proceedings and;- for such purpose, may need to ensure that a verbatim record of the proceedings is made; which record Includes the testimony. and evidence upon which the appeal Is to blltiased; This notice does not constitute consent by the CitY 'for introdu<;t1on or admission of otherwise Inadmissible or Irrelevant evidence, nor does it \Iuthorlze challenges or appeals not otherwise allowed by law. ,... , In accordance with the Americans wfth Disabilities Act, all persons who are disabled and who nlled special accommodations to. participate In this meeting because of that disabilitY shOUld contact the City Manager at ~o.5-947-o.606, no later than 48 hours prior to thepl'OC8edings; Ifheartng impaired, please telephone the TOO line at (30.5) 940.-2366 for assistance, . , ~ 'I; >: Ii. ~, .~ '. I Ltl ' a I 0 J f 0 'I:! 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