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HomeMy WebLinkAboutOrdinance 2005-240 ORDINANCE NO. 2005- ~1.J 0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-18(1) OF THE LAND DEVELOPMENT REGULATIONS RELATING TO SITE PLAN MODIFICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 2003-167, adopted on March 20, 2003, the City Commission established a process to review and approve minor site plan modifications; and WHEREAS, minor site plan modifications are permitted to be approved administratively by the Planning and Zoning Department if certain criteria are satisfied; and WHEREAS, the City Code requires major site plan modifications to be approved by the City Commission; and WHEREAS, there is a need to clarify the criteria established to determine whether a site plan modification is minor or major; and WHEREAS, the City Commission wishes to adopt this Ordinance to clarify the criteria to review minor site plan modifications. 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 hereof. Section 2. Amendment. Section 265-18 (1)(2) is hereby amended to read as follows: (2) Minor modification. The City Manager shall administratively approve "minor" changes and deviations from an approved site plan which are in compliance with the provisions and intent of this chapter and which do not depart from the principal concept of the approved plan. An amendment shall be considered a minor modification if in compliance with each of the following limitations: (a) The change is a nonuse modification does not change h!:, lot coverage, setbacks, height limitations, eIe., as well as density or intensity calculations set forth in a previously approved site plan. (b) The change is not an alteration that would otherwise require a variance or would not meet the requirements of the Code of the City of Sunny Isles Beach; Site Plan Modification Ordinance I Words underlined are added Page 1 of3 (c) The is no change in the location, size and general site compatibility of building, lighting, and signs. (d) There is no increase in the number of average daily trips. (e) The change does not alter the location of any points of ingress, egress, access and vehicular and pedestrian patterns to the site; (t) The change does not substantially decrease the value of or substantially change the character or location of any improvement or amenity; (g) The change to landscape material, location, planting techniques, species, or size as deemed necessary by the City Manager or hislher designee due to availability or site conditions; and (h) The change does not result in a material modification or the cancellation of any condition placed upon the site plan as originally approved. 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 they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Repealer. Any and all ordinances, resolutions and parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or in conflict herewith. 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 be included in the City of Sunny Isles Beach Code; 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 II~ day of ~, 2005. PASSED and ADOPTED on second reading the 8"'"' day of ~, 2005. ~~ .' " 't.'" 1 ,\ t / \(T ~"" .- ATTEST: &A~' Jane A. Hines, Gity Clerk Site Plan Modification Ordinance 1 Words underlined are added Page 2 of3 Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias Site Plan Modification Ordinance 1 Words underlined are added ORM IENCY Moved by: '1162 tY\~Oy lHt'\1...&t Seconded by: ~~ ~t~~'I\\,)G:.tz. c:;,O~l\1V ~es) 0Yes) ~y es) V (Yes) V(Yes) _(No) _(No) _(No) _(No) _(No) Page 3 01'3