HomeMy WebLinkAboutOrdinance 2004-215
ORDINANCE NO. 2004-~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION
265-5 OF THE LAND DEVELOPMENT REGULATIONS TO
INCLUDE SUBMERGED LANDS AS PROPERTY TO BE
COUNTED FOR DENSITY AND INTENSITY PURPOSES;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has the authority to amend its Land
Development Regulations;
WHEREAS, the City Commission believes that submerged lands should be
considered within the definition of lot area.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA AS FOLLOWS:
Section 1. Amendments. Section 265-5 of the Land Development Regulations of the
City of Sunny Isles Beach, Florida is amended by revising the following definitions:
Section 265-5 Definitions. For the purposes of this chapter, the following
words, terms and phrases shall have the meanings herein setout. Word,
terms and phrases not covered under this Chapter are made reference to in
"A Glossary of Zoning, Development, and Planning Terms," edited by
Michael Davidson and Fay Dolnick, December 1999.
(1) Density or Gross Density. The number of residential dwelling units or
rooms allocated to the project divided by the total project acreage. see also
"Doosity Ret."
(2) Lot Area. The area enclosed by the exterior boundaries of the lot. No
portion of public or private vehicular rights- of- way adjacent to a lot shall
be calculated as part of the lot's area. Utility or other easements shall not
be cxctl"/8ted deducted from the lot area. Lot area shall exe1ude all water
bodies below the cORtrol ele'/ation withiR the lot bouRdaries.
(3) Net Acre or Net Parcel Area. The total area of a development parcel
less "'later bodies below the eORtrol wat-er elevatioR, rights-of- way, and
land dedicated or reserved for public parks (excluding private tot lots and
private recreation areas)
U:\City Clerk\Ordinances\Drafts\Draft 02004- Amd Sec. 265.5 LDR include Submerged
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(4) Open Soace. Any area of land and lor water, which is open and
unobstructed from the ground to the sky including wetland mitigation
areas and areas maintained in a natural and undisturbed character. Open
space shall include private parks, buffer yards, landscaped yard areas and
common landscaped areas. Open space shall not include submerged areas
below the eontfol 'llater elevation (exellisive of wetland areas)or areas
covered with buildings, parking areas driveways and other paved areas not
associated with pedestrian use and recreational activities.
Section 2. Inclusion in the Code. It is the intention of the City Commission, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the
City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered
or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or to other appropriate word.
Section 3. 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, clauses, and phrases of this Ordinance but shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part
Section 4. Effective Date: This Ordinance shall be effective ten days after adoption
on second reading.
PASSED and ADOPTED on First Reading the ~ day of ~, , 2004.
PASSED and ADOPTED on Second Reading this ~:l~y of ~ ' 2004.
~ .
orman S. Edelcup, Mayor
.ATTEST:
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. -Jane A. Hines, Ci.tY-,Clerk
. .
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
U:\legislation\Ordinances\2004\DraftAmending Sec. 265.5 ofLDR to include Submerged
Land. doc
Moved by ~ ~Qt: G,Ot:.nvJ-AI _
Seconded by: CoyYVYY'V\S.iltf)1V~~Lt~/11-P
Vote:
S~o
Mayor Edelcup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
l/CY es)
~es)
~(Yes)
~s)
~Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
U:\legislation\Ordinances\2004\DraftAmending Sec. 265.5 ofLDR to include Submerged
Land.doc