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HomeMy WebLinkAboutOrdinance 2003-171 ORDINANCE NO. 2003-l2l AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 703.8.4 (m) OF THE LAND DEVELOPMENT REGULATIONS ADOPfED BY ORDINANCE 2002-165 ENTITLED "PARKING GARAGE I ROOFfOP OPEN SPACE" TO PROVIDE THAT PARKING STRUCTURES THAT FALL WITHIN THE VE ZONE ON LOTS WITH 100 FEET OF FRONTAGE OR LESS, ARE EXEMPT FROM MINIMUM SIDE SETBACKS AND DO NOT COUNT AGAINST FLOOR AREA RATIO; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach, by Ordinance 2002-165 adopted its Land Development Regulations ("LDRs"); and WHEREAS, section 703.8.4 (m) as drafted did not reflect the intent of the sponsor of this section and conflicts with other sections of the LDRs and the City Commission now wishes to correct this language; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Amendment. Section 703.8.4 (m) shall be amended to read: (m) Parking Garage / Rooftop Open Space: The roof of every parking garage shall be landscaped or improved for active or passi ve recreational and open space use in accordance with design standards of Chapter 1001, Landscaping Requirements, A maximum of 5% percent of the total required on site-parking Spaces will be permitted to be located on open rooftops provided such parking shall be screened from upper level views through the use of canopies or landscaped trellis structures. For parking structures which fall within a VE zone on lots with 100 feet of frontage or less; said garage structure, including all facilities contained therein, shall not be counted against either the permitted floor area ratio or be subject to minimum side setback restrictions, provided that the garage portion which exceeds 20 feet above grade is located behind the building front setback, or, is 10cated within the footprint of the principal building. 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 3. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Amendment to LDRS-- VE Zone 1 4. Inclusion into the Code. The provisions of this Ordinance sha11 be included and incorporated into the Code of Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this Ordinance may be renumbered to conformed to any uniformed numbering system. 5. Effective Date. This Ordinance shall be retroactive to the adoption of the LDRs by Ordinance No. 2002-165. PASSED and ADOPTED on first reading the 15th day of May, 2003 PASSED and ADOPTED on second reading this ~ay of ~ , 2003 '" , ",~.i APPROVED AS TO FORM AND G SUFFICIENCY: Moved by: (j, M ~ l S~, ()f\)~.kf.S: I A-s' Second by:{' htt\tn\~s\OA)f.R.~~PPW'lW VOTE: 3 - 2- Mayor David Samson Vice Mayor Norman S. Edelcup Commissioner Gerry Goodman Commissioner Daniel Iglesias Commissioner Lila Kauffman (yes) ~ (yes) _ (yes) _ (yes) V (yes) V (no)_ (no)~ (no) V (no)_ (no)_ Amendment to LDRS-- VE Zone 2