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
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(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.
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ATTEST:
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Jane A. Hines, Gity Clerk
Site Plan Modification Ordinance
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Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
Site Plan Modification Ordinance
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ORM
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Moved by: '1162 tY\~Oy lHt'\1...&t
Seconded by: ~~ ~t~~'I\\,)G:.tz. c:;,O~l\1V
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