HomeMy WebLinkAboutLPA 2009-56
LP A RESOLUTION NO. 2009- ...sk
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 265-71 OF THE
LANDSCAPE CODE "MINIMUM DESIGN STANDARDS"
RELATING TO HURRICANE PREPARATION, 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
265-71 of the Landscape Code "Minimum Design Standards" relating to hurricane preparation; 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 265-71 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 265-71 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 18th day of June 2009.
ATTEST:
~:~Lti:.
Jane ~.)--liJies, CIYIC, City Cle~k
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APPROVED AS TO FORM AND
LEGAL SUFFICI Y
Moved by: Cb~ Sc.\-tCL.L-
Seconded by: V l 0. rl\~ v ~ t\Lf. ~
Vote: ~-b
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
LPA R2008- LDRs
v (Yes)
V (Yes)
V (Yes)
V (Yes)
V (Yes)
_(No)
_(No)
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_(No)
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2
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Jane A. Hines, CMC, City Clerk
DATE:
6/18/2009
RE:
Local Planning Agency Resolution Recommending Ordinance Amending
Minimum Design Standards
RECOMMENDATION:
Attached for your consideration is a Local Planning Agency (LP A) Resolution
recommending approval of the Ordinance amending Section 265-71 of the Landscape
Code regarding Minimum Design Standards.
REASONS:
The Ordinance amending the Landscape Code is for the purpose of securing items, such
as trees, on balonies and open roof areas, in the event a Hurricane Watch has been
declared by the National Weather Services.
ATTACHMENTS:
. LP A Resolution
Date
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Agenda Item
http://sibagenda. si bfl.net/ agenda/Preview .aspx?I temID=4 5 &MeetingID:
ORDINANCE NO. 2009-~(.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION
265-71 OF THE LANDSCAPE CODE "MINIMUM DESIGN
STANDARDS" RELATING TO HURRICANE PREPARATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR REPEALER;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has a desire to provide safety for the residents and
visitors during times designated by the National Weather Service as being a Hurricane Watch;
and
WHEREAS, the City Commission wishes to amend the landscape code minimum design
standards for the installation and securing of items in balconies and open areas during times
designated by the National Weather Service as being a hurricane watch.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Amendment. Section 265-71 of the Landscape Code Minimum design standards
to read as follows:
~ 265-71. Minimum design standards
K. Garage and building rooftop landscaping. Not less than 50% of rooftop areas of
buildings that ancillary to and are visible from upper level dwelling or hotel units in
adjacent primary use residential or hotel towers on the same site shall be screened or
buffered through the use of landscaped horizontal trellis structures, shade or palm
trees in irrigated planters, canopies, screening walls enclosing mechanical equipment
and/or through the decorative surface treatments of flat roof areas with patterns of
gravel or other surfacing materials in varying shades and hues to create a graphic
composition. Open rooftop parking on garage structures adjacent to upper level
residential and hotel units shall be fully screened through the use of landscaped trellis
structures, canopies or shade or palm trees in irrigated planters. During such periods
of time as are designated bv the National Weather Services as being a hurricane
watch, all loose potted plants/trees and obiects shall be lashed to rigid construction or
stored in buildings as called out in Chapter 8 Section 16(a) ofthe Miami-Dade Code.
Section 2. 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,
Words added underlined, words stfiGkefl deleted (ed)
Page I of2
sentences, clause, 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 3. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this Ordinance shall become and be made a part of the code of the
City of Sunny Isles Beach, Florida; and 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 4. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 5. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the Z I ~ day of f'Y) A Y 2009.
PASSED and ADOPTED on second reading the 11~ day of..jU tV ~ 2009.
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APPROVE?> AS TO FORM
AND o'f.\L FICIENCY:
Moved by:
Cb~ Sc.\-4.D\.L
Seconded by:
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
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l.,./ (Yes)
V(Yes)
V(Y es)
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_(No)
_(No)
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Words added underlined, words stFiekefl deleted (ed)
Page 2 of2
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954-923- 2300
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CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARING
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
a public hearing in the Sunny Isles Beach Government Center, David
P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles
Beach, Florida, on Thursday, June 18, 2009, at 6:30 p.m., to consider
adoption of the following proposed Ordinance:
AN ORDINANCE OF THE CITY COMMISSION OFTHE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING SECTION 265-71 OF THE LANDSCAPE
CODE "MINIMUM DESIGN STANDARDS", RELATING TO HURRICANE
PREPARATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR
AN EFFECTIVE DATE.
Inquiries regarding this item may be directed to the City Clerk at
305-792-1703. A copy of this document is available for public
inspection during normal business hours in City Hall.
Jane A. Hines, CMC, City Clerk
All persons are invited to appear at this meeting or be represented by an agent,
or to express their views in writing addressed to the City Commission ria the City
Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida,
33160. Any person wishing to address the City Commission at a pUblic hearing
is asked to register with the City Clerk by completing a public speakers' card
prior to the item being heard. The hearings on these matters may be continued at
this meeting and under such circumstances, additional legal notice would not be
provided. If a person decides to appeal any decision made by the City Commission
with respect to any matter considered at such meeting, they will need a record of
the proceedings and, lor 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 appear is to be based. This notice does not constitute consent by the City
for introduction or admission of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals oot otherwise allowed by law.
In accordallCe with the Americans with Disabilities Act, aU persons who are disabled and who
need spedal accommodations 10 participate in this meeting because 01 thaI disability should
cOI1lact Ihe Ci~ Manager al 305.947.0606, no later lhan 48 hoors pOor 10 Ihe proceedings; if
heanng impaired, please lelephone the m line al 305.792.1590 for assistance.
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3] 13 Fax
M}:MQRA.~D_UM
TO:
The Honorable Mayor and City Commission
FROM:
Robert Solera, Community Development Director
DATE:
6/18/2009
RE:
Amending Section 265-71 of the Landscape Code "Minimum Design
Standards" Relating to Hurricane Preparation
RECOMMENDATION:
Staff recommends that the City Commission adopt this Ordinance amending Section 265-
71 (Landscape Code "Minimum Design Standards").
REASONS:
The Community Development Department in conjunction with the Building
Department has performed research to develop an amendment to the code, for
the purpose of securing of items, such as trees, on balconies and open roof
areas, in the event of Hurricane Watch.
As such both Departments will like to amend the Landscape Section of the code
and create a requirement for existing and future developments, where securing
of the items at the time of a declaration of a Hurricane Watch by the National
Weather Services is required. This action will enhance the security of residents
and visitors in case of a bad weather, by preventing that these items become
projectiles and inflict bodily damage as well as damage to private and public
properties.
ADDITIONAL INFORMATION:
The amendment will be enforced by the Community Development Department in conjunction
with the Building Department once there is a declaration of a Hurricane Watch by the National
Weather Services. The property owner will be provided 24 hours to come into compliance.
A TT ACHMENTS:
. Ordinance
. Memo from Building Official
. Notice Confirmation
http://sibagenda. si bfl. net/agenda/Preview. aspx?I temID=4 7 &MeetingID
Agenda Item q c.. ~
Date L - l ~.. Ocr
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Nonnan S. Ed,,1cup, M'!)'or
Uwis J. Thal"r, Viet M'!)'or
Roslyn Brain, C0111111i.r.riOJltr
G"rry Goodman, C0111111iJIiomr
G"org" "Bud" SchoU, CommiJIiollfr
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Rick Conn"" Ac/ing City MOllogfr
Hans Ottinot, City Alia"'!}'
Jan" A. Hin"s, City CUrk
MEMORANDUM
Rick Conner, Acting City Manager
Jorge Vera, Assistant City Manager
Clayton L. Parker, Building Official/Director
March 30, 2009
New Modification for Landscaping Ordinance to Require Hurricane Preparation
Statement on Plans for New Construction.
A new amendment to the Landscape Ordinance will require Developers/Owners to include the
Hurricane Preparation Statement below, as part of their approved Landscape Plans, when
showing potted plants or trees as part of their overall design.
Hurricane PreDaration Statement
-
(Vuring such periods of time as are designated by the National Weather Smice as being a hunicane
watch, all loose potted plants/ trees shall be lashed to rigid construction or stored in buildings as called
out in Chapter 8 Section 16 (a) of the Miami-Dade Code"
ARTICLE 1. ADMINlSTRA nON
Page 28 of 30
(
(b) Upon a finding of a material violation the Chief Building Code Compliance Officer,
or his or her designee, shall issue a Notice of Material Code Violation, identifying the
violator or violators, specifying the nature of the violation and providing a reasonable
time for correction. The time for correction shall be established by the officer upon an
evaluation of the following factors:
(1) The likelihood and immediacy of physical harm to persons and/or property.
(2) The likelihood and immediacy of significant damage to the performance of
a building or its systems.
(3) The nature and extent of the required corrections.
(4) Any prior notices of the deficiencies constituting the violation.
(c) The Notice of Material Violation shall also provide that the violation may be
disputed by appropriate notice directed to the Chief Building Code Compliance Office.
(d) The Notice of Material Code Violation shall be posted in the structure and shall be
mailed to each violator at the address which appears in the permit documents.
(e) In the event that the material violation is not cured to the satisfaction of the Chief
Building Code Compliance Officer within the time specified, or disputed in the manner
set forth above, the Chief Building Code Compliance Officer shall impose a fine per
material violation of $500.00 for the first offense, $1,000.00 for the second offense,
$2,000.00 for the third offense and $5,000.00 for each subsequent offense.
(f) Disputes of violations, collections of fees, and imposition of fines and other
penalties, including but not limited to suspension of permitting privileges shall be
effected in accordance with the provisions of law.
(Ord. No. 01-112, S 1, 7-10-01)
Sec. 8-16. Special Hurricane Inspections.
(a) During such periods of time as are designated by the National Weather Service as
being a hurricane watch, all furniture, display racks, material and similar loose objects in
exposed outdoor locations, shall be lashed to rigid construction or stored in buildings.
Orders shall be oral or written and shall be given to any person on the premises most
logically responsible for maintenance and such orders shall be carried out before winds
of hurricane velocity are anticipated. _
(b) After winds of hurricane velocity are experienced and have subsided, the Building
Official shall investigate to determine if damage has occurred to buildings or other
structures.
(c) No building or other structure or assembly or part thereof, which was damaged or
collapsed or out of plumb or line shall be repaired or altered or otherwise returned to its
original position without inspection and approval by the Building Official.
(Ord. No. 01-112, S 1, 7-10-01)
l
Sec. 8-17. Violations and Penalties.
(a) Penalties. This Section shall apply to all persons and violations not covered by
Section 8-15 above. Any person, firm or corporation who shall violate a provision of the
Building Code or fail to comply therewith, or with any of the requirements thereof, shall
be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate
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