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HomeMy WebLinkAboutOrdinance 2001-122 ORDINANCE NO. 2001- 17v7..J AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING THE SUNNY ISLES BOULEVARD GATEWAY DEVELOPMENT AREA, INCORPORATING ALL RECITALS, ISSUING A FINDING AND PURPOSE FOR SUCH ORDINANCE AND PROVIDING FOR DEFINITIONS; PROVIDING FOR THE ESTABLISHMENT OF A GATEWAY DEVELOPMENT AND REDEVELOPMENT AREA; PROVIDING THAT ANY NEW DEVELOPMENT OR REDEVELOPMENT IN SUCH AREA SHALL NOT FRUSTRATE OR INTERFERE WITH THE CITY'S PLANS AND PROGRAMS, PROVIDING INTERIM STANDARDS FOR DEVELOPMENT WITHIN THE GATEWAY DEVELOPMENT AREA, PROVIDING A PROCESS FOR REVIEW OF APPLICATIONS FOR DEVELOPMENT APPROVAL, PROVIDING FOR AN EFFECTIVE PERIOD, PROVIDING FOR REPEALER, SEVERABILITY AND EFFECTIVE DATE. * WHEREAS, the City of Sunny Isles Beach has prepared and adopted a new Comprehensive Plan; WHEREAS, the City of Sunny Isles Beach has prepared a Streetscape Master Plan for the major streets in the City; WHEREAS, the City Commission of the City of Sunny Isles Beach has committed to the preparation of implementation programs for the City's Comprehensive Plan, as may be amended from time to time, and Streetscape Master Plan, as may be amended from time to time; WHEREAS, one of the areas of special concern in both the City's Comprehensive Plan and Streetscape Master Plan is the area along Sunny Isles Boulevard; WHEREAS, the area along Sunny Isles Boulevard in the City of Sunny Isles Beach is characterized by faulty lot layout, substandard lot sizes, inefficient street patterns, and deteriorated and obsolete buildings and improvements; WHEREAS, on July 11, 2000, by Resolution 2000-248, the City engaged the services of Luft Consulting, Inc., ("Luft") for, among other things, the development of a revitalization study for Sunny Isles Boulevard; WHEREAS, on March 15, 2001, the City Commission of Sunny Isles Beach authorized a contract with a consulting firm of Siemon & Larsen, P .A., ("Siemon") to further assess the area along Sunny Isles Boulevard, identify opporturrities and constraints, and prepare preliminary development and redevelopment strategies including the necessary legal implementation of same; WHEREAS, Luft and Siemon shall coordinate their efforts for the development and design and implementation of such a plan for Sunny Isles Boulevard as described therein; Sunny Isles Blvd. Redevelopment Ord. (Final) LMD:ch *CoITected page 5/29/01 - 1:07 PM I WHEREAS, the City seeks to overcome the existing condition of the area along Sunny Isles Boulevard, to create and enhance property and community values and community image; WHEREAS, the City's implementation plans and programs will require six (6) months to complete; WHEREAS, new development in the area along Sunny Isles Boulevard that is not compatible with the redevelopment objectives of the City's Comprehensive Plan, as may be amended from time to time, and Streetscape Master Plan will frustrate and prevent the City from protecting and enhancing the public health, safety and welfare of its citizens; WHEREAS, Florida law permits the City to adopt a moratorium on all development for a period of six (6) months while it prepares plans and programs to address concerns affecting the public health, safety and welfare; WHEREAS, the City wishes to be cooperative with landowners and developers of Sunny Isles Boulevard and has chosen an interim regulatory approach which is less restrictive than an outright moratorium on development during the preparation of the City's implementation plans and programs; WHEREAS, until these new plans and programs are complete and adopted, the City wants to allow appropriate development to proceed, provided that such new development is compatible with the City's redevelopment objectives and will not frustrate or prevent the City from enhancing the character of the area along Sunny Isles Boulevard; WHEREAS, the City Commission has determined that it is necessary and appropriate to adopt additional Land Development Regulations in order to ensure that development which is proposed in advance of the preparation of the City's implementation plans and programs is compatible with the City's redevelopment objectives and will not frustrate or prevent the City from enhancing the character of the area along Sunny Isles Boulevard and notwithstanding the fact that Miami-Dade County's zoning regulations as adopted by Section 8.3 of the Charter may be in conflict with the vision of the Comprehensive Plan, as may be amended from time to time, and accordingly must be amended; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Findings and Purpose. (a) The preamble and recitals to this Ordinance are true and correct and incorporated herein by reference as if same were fully set forth herein. (b) The purpose of this Ordinance is to promote the orderly development and redevelopment of the area along Sunny Isles Boulevard within the City of Sunny Isles Beach in accordance with the area plan and land use regulations required by the City of Sunny Isles Beach Comprehensive Plan, as may be amended from time to time, Future Land Use Element, Objectives 11 and 12. Sunny Isles Blvd. Redevelopment Ord. (Final) LMD:ch 5/15/01 - 4:04 PM 2 (c) The City Commission finds that if new development is permitted in the Sunny Isles Boulevard area before the area plan is completed and land development regulations adopted, the new development could frustrate the City's ability to implement its Comprehensive Plan, as may be amended from time to time. However, the City Commission recognizes that not all development will have this effect. (d) The City Commission finds that the provisions of this Ordinance provide a fair and balanced approach to ensuring that proposed development will be consistent with the City's Comprehensive Plan, as may be amended from time to time, will be compatible with the City's implementation plans and programs and will not frustrate or prevent the City from protecting and enhancing the public health, safety and welfare of the citizens of the City of Sunny Isles Beach. Section 2. Definitions. (a) Development means: 1. construction of a new structure on vacant land; 2. reconstruction, alteration of the size, or material change in the external appearance of a structure on land; 3. a change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, or offices in a structure or on land; 4. alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in section 161.021, Florida Statutes (2000); 5. demolition of a structure; 6. clearing of land as an adjunct of construction; or 7. deposit of refuse, solid or liquid waste, or fill on a parcel of land. (b) Application for Development Approval means a request for a development permit, together with all supporting materials attached to the request, including any application filed but not yet acted upon (by either an approval or denial) by the City. (c) Development Permit means any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. (d) Sunny Isles Beach Comprehensive Plan means the Comprehensive Plan for the City of Sunny Isles Beach, Florida, adopted October 2000, as may be amended from time to time. (e) Sunny Isles Beach Streetscape Master Plan means the conceptual streetscape plan prepared by Bermello, Ajamil & Partners, Inc. for the City of Sunny Isles Beach, as may be amended from time to time. Sunny Isles Blvd. Redevelopment Ord. (Final) LMD:ch 5/15/01 - 4:04 PM 3 Section 3. Gateway Development and Redevelopment Area Established. The area between Collins Avenue and the Intracoastal Waterway on both sides of Sunny Isles Boulevard is hereby designated as the Sunny Isles Gateway Development and Redevelopment Area. Section 4. Permitted Development. (a) During the effective period of this Ordinance, notwithstanding the zoning regulations in effect to the contrary, and until the pending land development regulations are fully approved by the Commission, no development shall be approved by the City of Sunny Isles Beach in the Sunny Isles Gateway Development and Redevelopment Area unless the City Commission of the City of Sunny Isles Beach determines that the proposed development is such that it is unlikely to: 1. frustrate or prevent the implementation of the City's Comprehensive Plan, as may be amended from time to time, and the Streetscape Master Plan, as may be amended from time to time; 2. frustrate or prevent the City from successfully promoting the development and redevelopment of the Sunny Isles Gateway Development and Redevelopment Area; and 3. conflict with the implementation plans and programs as they are developed during the effective term of this Ordinance. (b) In the event that the City Commission determines that the applicant has failed to make the demonstration required under this section, the City Commission shall defer further consideration of the application for development approval until after the effective period of this Ordinance shall have expired. (c) All hearings before the City Commission shall be required to meet the requirements of the notice and hearing requests and other requirements as set forth by Ordinances No. 98-28 and 98-54 ofthe City Commission ofthe City of Sunny Isles Beach. Section 5. Development Review. (a) Application for Development Approval. In addition to any materials required by other applicable ordinances, laws, or regulations, all applications for development approval shall contain a written narrative and appropriate supporting evidence that demonstrates that the proposed development: 1. is consistent with the Sunny Isles Beach Comprehensive Plan, as may be amended from time to time; 2. is compatible with the Sunny Isles Beach Streetscape Master Plan, as may be amended from time to time; 3. will not prevent or frustrate the implementation of the Sunny Isles Beach Comprehensive Plan, as may be amended from time to time; 4. will not prevent or frustrate the implementation of the Sunny Isles Beach Sunny Isles Blvd. Redevelopment Ord. (Final) LMD:ch 5/l5/0l-4:04PM 4 Streetscape Master Plan, as may be amended from time to time; 5. will not prevent or frustrate the City from successfully promoting the development and redevelopment of the Sunny Isles Gateway Development and Redevelopment Area; and 6. will not conflict with the implementation plans and programs as they are developed during the effective term of this Ordinance. (b) Interim Principles for Guiding Development in the Gateway Development and Redevelopment Area. In considering whether an application for development approval satisfies the requirements of Section 4(a) of this Ordinance, the City Commission shall consider the extent to which the proposed development: 1. will adversely affect the potential for assembly of land within the Sunny Isles Gateway Development and Redevelopment Area into parcels that are suitable for development of contemporary real estate products that are consistent with the City's development and redevelopment objectives for the area; 2. will prevent the reconfiguration or realignment of all or portions of Sunny Isles Boulevard in conjunction with the development and or redevelopment of the Sunny Isles Gateway Development and Redevelopment Area; 3. will result in an increase in the number of access points (curb cuts) on Sunny Isles Boulevard between Collins Avenue and the Intracoastal Waterway; 4. will be compatible with a quality, mixed-use residential, office, and retail environment developed in accordance with the design principles of new urbanism; and 5. will enhance the area along Sunny Isles Boulevard as an attractive gateway into a quality community. Section 6. Process for Review. (a) The City Commission will hear all applications for development approval at a public meeting or public hearing, as required by law, and evaluate the likelihood that the proposed development will interfere with or frustrate the Sunny Isles Gateway Development and Redevelopment Plan, even if the application complies with current zoning regulations. If the City Commission finds that it is unlikely that the proposed development will interfere with or frustrate the Plan, it shall approve the application for development approval. If the City Commission finds that it is likely that the proposed development will interfere with or frustrate the Plan, it shall either: 1. deny the application for development approval; or 2. approve the application for development approval with conditions that will ensure that the proposed development will not interfere with or frustrate the Sunny Isles Gateway Development and Redevelopment Plan. Sunny Isles Blvd. Redevelopment Ord. (Final) LMD:ch 5/15/01 - 4:04 PM 5 Section 7. Effective Period. This Ordinance is intended only as an interim measure, and includes any application not yet acted upon by the City prior to the first reading of this Ordinance, to ensure that the City of Sunny Isles Beach will have sufficient time to develop a high-quality area plan for the Sunny Isles Gateway Development and Redevelopment Area, and to enact or amend land development regulations and zoning classifications to implement the Plan. As such, this Ordinance will have no force or effect after one hundred eighty (180) days from its effective date, or upon repeal by the City Commission, whichever occurs first. Section 8 Repealer. All ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 9. Severability. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected and shall remain in full force and effect. Section 10. Effective Date. This Ordinance shall become effective upon adoption on second reading. PASSED AND ADOPTED on first reading this /'711tday of~, 2001. PASSED AND ADOPTED on second reading this 2...9-~ay of 1Yl~, 2001. () D1!.~~ ATTEST: ~~~u~ Richatd-Brown-Monlta, City Clerk ~ '. . > '" Sunny Isles Blvd. Redevelopment Ord. (Final) LMD:ch 5/15/01 - 4:04 PM 6 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ ~-D~~ ~ M~Dannhe1sser, City Attorney Motion on second reading by: JYJ A 'foR.. ~Sbl0 Second on second reading by: "1c...e...mA'1'o~ 'r<A-UF't='()IA-rJ Vote: 5-0 Mayor David Samson Vice Mayor Lila Kauffman Commissioner Connie Morrow Commissioner Daniel Iglesias Commissioner Irving Turetsky (yes) V (yes)~ (yes) v (yes) V (yes) V (no )_ (no)_ (no)_ (no)_ (no )_ Sunny Isles Blvd. Redevelopment Ord. (Final) LMD:ch 5/15/01 - 4:04 PM 7