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HomeMy WebLinkAboutOrdinance 2003-167 ORDINANCE NO. 2003~. I G:, 7 AN ORDINANCE OF THE CITY COMMISSlQN OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 508 OF THE LAND DEVELOPMENT REGULATIONS ADOPTED BY ORDINANCE 2002-165 TO PROVIDE FOR ADDITIONAL SITE PLAN SUBMISSION REQUIREMENTS; PROVIDING FOR REVIEW BY THE PLANNING AND ZONING STAFF AND CONSULTANTS; PROVIDING FOR RECOMMENDATIONS FROM OUTSIDE CITY CONSULTANTS FOR SITE PLAN REVIEW AS DEEMED NECESSARY BY THE PLANNING AND ZONING STAFF; PROVIDING FOR FINAL REVIEW OF, AND ACTION ON, ALL SITE PLANS BY THE CITY COMMISSION AS WELL AS THE ESTABLISHMENT OF SUCH REVIEW CRITERIA; PROVIDING FOR PROCEDURES FOR SITE PLAN REVISION; PROVIDING FOR LOCATION AS A CRITERIA FOR MAJOR MODIFICATIONS IN ACCORDANCE WITH SECTION 508.8; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 2002, the City Commission of the City of Sunny Isles Beach by Ordinance No. 2002-165 adopted the Land Development Regulations for the City of Sunny Isles Beach; and WHEREAS, these newly adopted Land Development Regulations eliminate former Administrative Site Plan review solely by staff, and now grants the City Commission final review and approval of all site plans including what were formerly known as "As of Right" Site Plans; and WHEREAS, the general criteria for site plan review has been provided in various several locations within the Land Development Regulations but should be specifically set forth in section 508 relating to site pIan review; and WHEREAS, because some additional submission requirements for Site Plans have also been suggested including the use by the City of outside consultants, as well as a minor modification to Section 508.8, it would be propitious to amend the Land Development Regulations to now include same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: Section 1. Amendments to Chapter 5. The following sections III Chapter 5 should be amended as follows: 508.5 Site Plan Submission Requirements. An application for site plan review shall include 15 sets of folded and collated plans containing the following: 02003- Site Plan Review Amendment See 508.8 LDRs 1 (c) Site development plans (Scale to be 1 "=20' unless prior approval is received otherwise) shall include in proper form, detail, dimension and scale, the following: 1. Location, size and height of all principal and accessory structures, including buildings, wall, fences, walkways, driveways, parking areas, including garage and loading areas. 2. The building and floor plan, including roof plan. 3. Location, character and enclosure of all outside facilities for waste storage and disposal and/or outdoor storage, if any. 4. Exterior elevation with material, color designation, architectural finish treatments, surface treatments and curbing proposed for parking and loading areas including ingress and egress drives. 5. Landscaping pIan (signed and sealed by a Florida registered landscape architect and planting schedule). Plans shall include required and provided quantities of plant materials. 6. Location, size, character, height and orientation of all signs 7. Placement, height, and fixture design of all major exterior lighting fixtures, including hours of operation illumination and shielding of exterior lighting, certification by a registered professional engineer or registered architect that exterior lighting, as designed will not exceed the foot candle levels at the adjacent private property lines. 8. Off-site sketch map including, but not limited to, 10cation of structures, utilities, rights-of-way and curb cuts within 300 feet of the subject property and other pertinent features. 9. Information as to all perimeter buffer requirements for adjacent properties. 10. A master site plan is required for all phased development 11. Site data information including but not limited to zoning districts, permitted and proposed FAR, lot coverage, open space, parking, building height, density, setbacks and lot size information. 12. Details of all types of parking spaces and parking and truck loading areas showing ingress and egress. 13. Estimated construction schedule. 02003- Site Plan Review Amendment See 508.8 LDRs 2 14. All signage locations, types and details. 15. Engineering plans (scale to be 1 "=20' unless prior approval is received otherwise) including water, sewer, paving and drainage and utility 10cations. 16. Locations and details of all entry features (if applicable). 17. The location and owners of all adjoining lands as shown on the latest tax records, copies of all existing and proposed deed restrictions or covenants applying to the property, including covenants and agreements restricting the use, establishing future ownership and maintenance responsibilities for recreation and open space areas, existing zoning and prior zoning approvals and any other legal agreements documents and information required by the Planning and Zoning Director or the City Commission. 18. Other elements integral to the proposed development as considered necessary by the City Commission. 508.6 Site Plan Review: The Planning and Zoning Staff and consultants shall review all elements of the Site PIan and shall issue a preliminary recommendation to the City Commission to assist the Commission in their Site PIan review and approval process. 508.7 City Commission Review: (a) Except for plans qualified for exception under Section 508.3, upon a determination by the Planning and Zoning Director that a site plan complies with the review criteria stated in section 508.5, all site plans will be placed on the quasi-judicial portion of the City Commission agenda for final City Commission action in accordance with the objective standards set forth below: (b) On acting on site pIan applications, the City Commission shall consider: (i) The review and recommendations of the Planning and Zoning Staff and all outside consultants who render reports with respect to the site pIan under review; (ii) Conformity of the site pIan with the restrictions and requirements of the land development regulations and consistency with the goals, policies and objectives of the Comprehensive Plan. The City Commission's review shall include, but not necessarily be limited to, the general considerations set forth hereinbelow as well as all items contained in the submission list and set forth in ( c ) herein above and determine whether or not these considerations conform to the requirements of the land development regulations in each category: 02003- Site Plan Review Amendment See 508.8 LDRs 3 1. Location, arrangement, size and general site compatibility ofbuildings, lighting and signs; 2. Acceptability and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls; 3. Location, arrangement, appearance and sufficiency of off- street parking and 10ading; 4. Acceptability and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience; 5. Acceptability of stormwater and drainage facilities; 6. Acceptability of water supply and sewage disposal facilities; 7. Acceptability, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's adjoining lands, including the maximum retention of existing vegetation; 8. Acceptability of fire lanes and other emergency zones and the provision of fire hydrants; 9. Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion. The City Commission's review shall be conducted at a public hearing. (iii) If applicable, that the utilization of "bonuses," and "transferable development rights" as authorized throughout the LDRs, comply with all requirements of the LDRs and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. (c) Action by the City Commission shall consist of one of the following: (i) continue or table, pending further review by staff and consultants. (ii) deny the site plan if the City can find it does not meet the criteria contained herein, and/or the site plan, as presented, is adverse to the public interest. (iii) Approve or approve with conditions providing that upon action by the City Commission, submission and review by Planning and Zoning staff for Applicant's compliance with conditions of approval by the City Commission, 02003- Site Plan Review Amendment See 508.8 LDRs 4 and upon payment by the applicant of all fees and reimbursable costs to the City within 30 days of Commission action as verified by the Planning and Zoning Staff then and that event the Building Official may approve issuance of a permit. Failure of an applicant to pay such fees and reimbursable costs shall become and be a lien upon the land involved and shall be added to and result in an immediate expiration of site plan approval within 10 days written notice to applicant. No permit shall issue without payment of same, in any case. 508.9 Site Plan Revisions. Where a proposed revision of an approved site pIan affects the overall design and layout or where the proposal will require review under this section, the fee for processing the revision shall be the same as the initial submittal. All other revisions shall require a minor modification-processing fee as established by the City Commission. (B) Minor modification. The City Manager shall administratively approve "minor" changes and deviations from an approved site pIan which are in compliance with the provisions and intent of this chapter and which do not depart from the principal concept of the approved pIan. An amendment shall be considered a Minor modification if in compliance with each of the following limitations: 1) The change is a non-use modification i.e., 10t coverage, setbacks, height limitations, etc. as well as density or intensity; 2) The change is not an alteration that would otherwise require a variance or would not meet the requirements of the Code of Ordinances; 3) There is no change in the location, size and general site compatibility of building, lighting and signs; 4) There is no increase in the number of average daily trips; 5) The change does not alter the 10cation of any points of ingress, egress, access and vehicular and pedestrian patterns to the site; 6) The changes does not substantially decrease the value of or substantially change the character or location of any improvement or amenity; 7) Change to landscape material, 10cation, planting techniques, species, or size as deemed necessary by the City Manager or his/her designee due to availability or site conditions; and 8) The change does not result in a material modification or the cancellation of any condition placed upon the site plan as originally approved. 02003- Site Plan Review Amendment See 508.8 LORs 5 Section 3. Renealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4 Severabilitv. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 5. Codification. It is the intention of the Mayor and City Commission of the City of Sunny Isles Beach, 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. The sections of this ordinance may be renumbered or re-Iettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. Section 6. Effective Date. This Ordinance shall take effect ten (10) days upon adoption on Second Reading. PASSED and ADOPTED on First Reading the 20th day of February, 2003. PASSED and ADOPTED on Second Reading this ~o"" r 16/ David Samsori, Mayor ,2003. ATTEST: , .~~~~~ , J~e A. Hines, Acting City Clerk , APPROVED AS TO FORM yEGAL SUFFICIENCY Moved by: ~~ TGLt.ril\s' Seconded by: Y \ c..~r<\~O Ie EA ~LCwf VOTE AS FOLLOWS: 5'-0 Mayor Samson Vice Mayor Ede1cup Commissioner Iglesias Commissioner Goodman Commissioner Kauffman L0 yes ~yes ~yes ~yes (JL) yes <-) no ~no <-) no <-) no ~no 02003- Site Plan Review Amendment See 508.8 LDRs 6