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Home My WebLink AboutOrdinance 2008-312 ORDINANCE NO. 2008-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-45 OF THE CITY CODE RELATING TO FENCES AND WALLS TO PROHIBIT FENCES AND WALLS WITHIN ANY REQUIRED FRONT SETBACK AREA WITHIN NONRESIDENTIAL PROPERTIES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 265-36 of the City Code requires property within the B-1 zoning district to maintain a 25-foot setback area; and WHEREAS, the City Commission wishes to amend the fence and walls regulations to make it consistent with the development standards in the B-1 zoning district; and WHEREAS, the City Commission further wishes to affirm that chain link fences are nonconforming structures. 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 adoption hereof. Section 2. Amendment. Section 265-45 of the City Code is amended to read as follows: ~ 265-45. E. Fences and Walls (4) Walls and fences on nonresidential parcels. Walls shall be permitted within a required buffer yard at the perimeter of nonresidential parcels: they shall not be permitted within a required front yard. Fences within nonresidential zoning districts adjacent to residential property shall not exceed eight feet in height. Fences and wall within nonresidential property shall not exceed eight feet in height. Fences and walls within nonresidential property adjacent to nonresidential property shall not exceed W ~feet in height. Typical elevations, materials and the location of the fence shall be shown on the final site plan. Fences and walls are prohibited within any required front setback area except within the front setback of a temporary structure or vacant lot. (6) Chain link fences prohibited. Chain link fences shall be prohibited in all districts except as a temporary enclosure or fencing for tennis courts or athletic activities. Chain link fences created prior to the effective date of the Land Development Regulations Words added underlined, words stfi€keIl deleted (cd) Page I of 3 shall be considered nonconforming structures subiect to the provisions of Section 265- 79 of the Land Development Regulations. Section 3. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 4. 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, 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 5. 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 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the _\ 8+" day of S~ 2008. PASSED and ADOPTED on second reading the Il..~day of Oc-t. 2008. ~/:ukc ~A-~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND L / UFFICIENCY: )HlnS Ottino, Ity Attorney Words added underlined, words stH€kefl deleted (ed) Page 2 of 3 r- Vote: ~-o-' Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl - , ' 0 ~ Moved by: c..o~1f'f\\~ 5.\()~~ ~~7;,.J Seconded by: V\ U M(JJ~t/ 1H-t\--lcc..R fYose.'C)\ - ~Y es) V'(Y es) v/(Y es) ~es) _(Yes) _(No) _(No) _(No) _(No) (No) Words added underlined, words stfi6keH deleted (ed) Page 3 01'3 u <C w ll> lD "C l/) III C w N ....I !a ~ >- ~ Z Z ::J :l 'E l/) ll> > u. <C 0 l/) ~ a:: lD U z Qi c: 0 N Qi Q; C> C E Q; ell ,Q III 11. Z III C .9- "E t 0 U Q) U .!!! > III U "C Q) ll> <C en C .... .... c c CO CO en en <0 <0 It') ~ c c .n N N "" N N >< CO CO .., lD ~ .n E Q; '" Qi z .n c: a. E 0 ~ '" t (; z Q) Qi "C III N (5 <C E i:i5 u e ~ ...... is w :..;-1 . .... ~ ~ w .c 16 o ! .. ; .. :i c s ~ o J . ~ l; " . ~ ~ "0 c .. ~ E ~ o >- 1 '6 E . Ii' 0. " :i . 1; " . ; c o " ~ J: ~ i . "" l- E " co~ 08- Oii N-g i:n~ O,S - . Og "f"'"{l ';; . an --= mg c~ ~ i::'ll o~ __ e _0. m.!! (.)~ .- . :C~ ~w a..~ ! 8 .. :i . 8. 5 0. ~ S 2 '" HOW TO REACH US 0 ~: EDITORIAL ffi . Editor: Tere Figueras CD 0 Negrete, 305-376-3556, g tfigueras@MiamiHer- ,.: ald.com '" . Reporters: Tania Val- a z demoro; Janice Vii chez; Oi Lazaro Fraga. :I . Youth sports editor: .. Jose Cassata, ffi 305-671-4356. jeasso- '" la@MiamiHerald.com i: :!i OTHER NUMBERS :EO w . AdvertisIng: ~ 305-376-2700 . Want extra copies ot i Neighbors? Back Issues: 305-376-3719 ';;; . Have a reoccurring z event? Calendar desk: E ~ newscalendar@MiamiH- ." erald.com: ~ 305-376-3355 :I: . Want to start or stop .~ your paper or you didn't ;: get your paper? Cus- tomer servIce: 1-800- > THE HERALD <t (1-800-843-4372) MIAMI BEACH BRIDGE REOPENS FOR VEHICULAR TRAFFIC Miami Beach officials reopened the Washington A venue bridge on Dade Bou- levard on Monday. The Florida Department of Transportation ruled that it was structurally deficient in late 2007 and beach offi- cials closed it for repairs. MIAMI BEACH LICENSING OF ARTISTS TO BE CONSIDERED Miami Beach city commis- sioners on Tuesday will con- sider changes to rules for art- ists, vendors and street performers during their monthly meeting at Miami Beach City Hall. These include requiring all artists to get a license to sell their wares and allowing more people to do business on Ocean Drive and Lincoln Road. NEIGHBORS NEWS The commission also will discuss a new plan to bring casino gambling 10 the Fon- tainebleau Hotel. For information about the artist vendor ordinance, call Mayor Matti Herrera Bow- er's office at 305-673-7035, For information about the commission agenda. go to www.miamibeachtl.gov or call the City Clerk's office at 305-673-7411, AVENTURA CHEF ALLEN'S OFFERS BISTRO SPICE DEAL Even though the annual Miami Spice is over, food lovers can still gel gourmet cuisine at bargain prices at Chef Allen's in A ventura The popular eatery is con- tinuing with the Miami Spice theme, offering its own Bis- tro Spice menu, featuring three courses for $36 per per- son nightly from now through Dec. 1. For reservations, call Stand up for your rights and watch Action Line stand right behind you. li{.",.~\ CITY OF SUNNY ISLES BEACH ~'"') NOTICE OF PUBLIC HEARING .......,.....-. NOTICE IS HEREBY GIVEN that the City Commission of the City of Sunny isles Beach, Florida, wiil hold a public hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 1 B070 Coilins Avenue, Sunny Isles Beach, Florida, on Thursday, October 16, 2008, at 6:30 p.m., to consider final adoption of the loilowing proposed Ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-45 OF THE CITY CODE RELATING TO FENCES AND WALLS TO PROHIBIT FENCES AND WALLS WITHIN ANY REQUIRED FRONT SETBACK AREA WITHIN NONRESIDENTIAL PROPERTIES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; 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 Ihe City Commission c/o the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny isies Beach, Florida, 33160. MY person wishing to address the City Commission al a public heahng is asked to register w~h the City Clerk by completing a public speakers' card prior to the item being heard. The hearing on these matters may be continued at this meeting and under such circumstances, additional legal notice would not be provided. il 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, for such purpose, may need 10 ensure thai a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal 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 not otherwise allowed by law. 305-935-2900 or go www.chefallens.com. MIAMI BEACH FREE SERVICES FOR YOM KIPPUR The Jewish Community Council is holding free ser- vices for Yom Kippur on Oct, 8 at 7 p.m., Oct. 9 from 9 a,m. to 1:30 p.m. and 5:30 to 8 p,rn. Services will take place at the Miami Beach Convention Center, 1901 Convention Center Dr. Seats are limited. To RSVP, call 305-531-7500 or e-mail jewishcomcoun cil@aol.com. MIAMI BEACH SERVICE CELEBRATES PETS AND THEIR OWNERS St. John's on the Lake United Methodist Church is honoring pets and their own- ers Sunday during its sixth annual pet blessing service. The event will be held at 9 to 11 a.m. in the church's sanctu- ary, 4760 Pine Tree Dr. There will be a "yappy hour" at the church's outdoor patio following the service. For more information, call the church at 305-531-7166, AVENTURA TV REPORTER TO GET KEY TO THE CITY The City Commission will honor WPLG-ABC 10 reporter Michael Putney with a key to the city at its commission meeting Tues- day. Putney is WPLG's lead reporter on politics and gov- ernment and host of This Week in South Florida With Michael Putney. He also writes a political column for The Miami Herald. Putney, who holds a mas- ter's degree in broadcast journalism from the Univer- sity of Missouri, has been with the station since 1989. Paul: An Appealing or Appalling Apostle? Lecture Series by John Dominic Crossan, leading Biblical scholar, theologian, and often controversial author. Friday evening, October 10 & Saturday, October 11 Another thought provoking event presented by Coral Gables Congregational Church United Church o/Christ 30 lODe Soto Boulevard Coral Gables, FL 33134 In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-947-0606, no later than 48 hours prior to the proceedings; rt hearing impaired, please telephone the m line l.k:305-792-1590 for assistance. dl Registration at 305-448-7421, exl. 19 and online at www.coralgablescongregational.org TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 949-3 I 1 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Jorge Vera, Assistant City Manager Robert C. Solera, Community Development Director September 18, 2008 Amending Section 265-45, Fences and Walls RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance relating to fences and walls. REASONS Upon reviewing Section 265-45(E), the Departments' opinion is that a revision and clarification of the Section is required. The Department also looked at Section 265-5 definitions, and the section has a specific definition for "lot lines, front" when it speaks about corner lots. In addition the Department looked at Section 265-36 (8)(b) that requires all properties along Collins Avenue to provide a ten-foot easement within the required front setback for implementation of the Collins Avenue Streetscape Plan. As such the Department is proposing the attached Ordinance that will clarify the requirements related to fences along the front setback of properties adjacent to Collins A venue to include corner lots. The revision will not allow the installation or construction of any fences in the area of the property adjacent to Collins A venue as Collins A venue will be considered a front yard for all properties contiguous to it. The passing of the Ordinance clarification will promote the intent of the City of Sunny Isles Beach to promote the Collins A venue Streetscape Plan, providing with an open un-obstructed area for the installation of all Streetscape material needed. In addition the Ordinance will include a provISIOn in the fence code section that will make reference to section 265-79 (Non-Conforming Uses and Structures). Under this provision any non-conforming structure that needs to be repaired in excess of 50% must comply with the Land Development Regulations. This Section is directed primarily to non-conforming existing chain link fences in the City of Sunny Isles Beach. Finance Department Agenda I tern qf\ 1 0 ~ I ~- o~ Funding available: Cm'cr Mcmo Section 2(,5-45 Fcnces And Walls Ord Date