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Home My WebLink AboutOrdinance 2006-270 ORDINANCE NO. 2006-..;t)O AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ENTITLED "FIRST SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN"; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRSj PROVIDING FORSEVERABILITYj PROVIDING FOR REPEALERj PROVIDING FOR EFFECTIVE DATE. WHEREAS, on October 5, 2000, the City Commission adopted the City of Sunny Isles Beach Comprehensive Plan via Ordinance No.2000-I05; and WHEREAS, since the adoption of the Comprehensive Plan, the City has acquired additional properties for recreational and park purposes; WHEREAS, the City Commission has determined that certain amendments to the Future Land Use Map ("FLUM") is needed to reflect that the new properties are designated as recreational and park uses under the FLUM; and WHEREAS, the proposed small scale amendment does not propose a text change of any goals, policies or objectives of the City's Comprehensive Plan; and WHEREAS, the proposed small scale amendment is not located in areas of critical state concern; and WHEREAS, the proposed small scale amendment involves a use of less than 10 acres; and WHEREAS, the properties described herein have not been involved in any other Comprehensive Plan amendment during the year prior to date of the effective date of this ordinance; and WHEREAS, the proposed amendment does not involve property within 200 feet of property granted a change within the prior twelve months; and WHEREAS, pursuant to Section 163.3 I 74, Florida Statutes, the City Commission has been designated as the Local Planning Agency for the City of Sunny Isles Beach; and WHEREAS, the Local Planning Agency held a public hearing to consider the small scale amendment to the FLUM; and WHEREAS, the Local Planning Agency approved and recommended to the City Commission that this small scale amendment to the FLUM be adopted; and 02006- Small Scale Amendment Ordinance WHEREAS, the City Commission has conducted its adoption public hearing on said small scale amendment to the Comprehensive Plan. 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 adoption hereof. Section 2. Amendments to the Future Land Use Map: The City of Sunny Isles Beach Future Land Use Map is hereby amended as follows: A. Parcell. The land use designation in the Future Land Use Map ofthe property located at 19200 Collins Avenue, consisted on.8 acres, as more particularly set forth and legally described in Exhibit "A" and graphically depicted in composite Exhibit "E", attached hereto and made a part thereof, is changed from B-I(Neighborhood Business) to ROS (Recreation-Open Space). B. Parcel 2. The land use designation in the Future Land Use Map ofthe property located at 17200 Collins Avenue, consisted 00.17 acres, as more particularly set forth and legally described in Exhibit "B" and graphically depicted in composite Exhibit "E", attached hereto and made a part thereof, is changed from B-1 (Neighborhood Business) and RMF-2 (Medium to High Density Residential) to ROS (Recreation-Open Space). C. Parcel 3. The land use designation in the Future Land Use Map of the property located at 215-191 terrace, consisted of 0.17 acres, as more particularly set forth and legally described in Exhibit "C" and graphically depicted in composite Exhibit "E", attached hereto and made a part thereof, is changed from R-l (Low Density Residential) to ROS (Recreation-Open Space). D. Parcel 4. The land use designation in the Future Land Use Map ofthe property located at 100 feet North of 172 Street, consisted of2.41 acres, as more particularly set forth and legally described in Exhibit "D" and graphically depicted in compositeExhibit "E", attached hereto and made a part thereof, is changed from RMF-2 (Medium to High Density Residential) to ROS (Recreation-Open Space). Section 3. Directive to the City Clerk. The City Clerk is further directed to transmit a certified copy of this Ordinance to the Florida Department of Community Affairs pursuant to Chapter 163, Florida, as well as any other interested governmental entity. 02006- Small Scale Amendment Ordinance Section 4. 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. Section 5. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. reading. Effective Date. This Ordinance shall become effective upon adoption on second PASSED and ADOPTED on first reading the ~ day of tJou,...I,."v, 2006. PASSED and ADOPTED on second reading the I ",.Vo day of~, 2006. (~;"J':.r .', \~ ~i~ ".. c~ IC.-'" / \ '>. ~. ~~\. c' A)'TESTo"! ,- .. Z'i'~i'fJ.r,i~~il:... ''\Jane A. Hines, CMC, City Clerk "t-,',,_, If I' ,",,' J 'A1>PRQYEDAS TO FORM ANDLE l\L U ICIENCY Moved by: VI(~ ffiltl1ll!<. THA-LV2 Seconded by: C .A1'VIM~S('1D1JE.t;! R~'E.2/11l Vote: 5-0 Mayor Edelcup Vice Mayor Brezin Commissioner Thaler Commissioner Goodman Commissioner Iglesias V (Yes) ...1L (Yes) X (Yes) I/' (Yes) i7 (Yes) _(No) _(No) _(No) _(No) _(No) 02006- Small Scale Amendment Ordinance Exhibit 'A' Legal Description Change from B-1 (Neighborhood Business) to ROS (recreational Open Space), total area 3.8 acres. TRACT 'D' GALAHAD DADE, PB 92 PG 16, LESS NORTH 40 FEET THEREOF. Exhibit 'B' (parcel 2) Legal Description Change from B-l(Neighborhood Business) and RMF-2 (Medium to High Density Residential) to ROS (Recreation Open Space), total area 3.17 acres GOVERNMENT LOT 6 OF TATUM'S SUB PB 10 PG 64, THE EAST 400 FEET OF TRACT 2, LYING WEST OF HWY AlA (COLLINS AVENUE). and GOVERNMENT LOT 6 OF TATUM'S SUB PB 10 PG 64, THE EAST 600 FEET OF SOUTH 100 FEET OF LOT 3, LYING WEST OF HWY AlA (COLLINS AVENUE). and LOT 31, SOUTH SHORE ESTS PB 52 PG 69. and LOT 30, SOUTH SHORE ESTS PB 52 PG 69. Exhibit 'c' (parcel 3) Legal Description Change from R-l (Low Density Residential) to ROS (Recreation Open Space), total area 0.17 acres. LOT 15, BLK 5, GOLDEN SHORES OCEAN BLVD ESTS PB 51 PG 93. Exhibit'D' (parcel 4) Legal Description Change from RMF-2 (Medinm to High Density Residential) to ROS (Recreation Open Space), total area 2.41 acres. TRACT "D" OF RK MARINA APARTMENTS, PLAT BOOK 157, PAGE 70, LESS THAT PORTION OF SAID TRACT "D" BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 19 OF SOUTH SHORE ESTATES AS RECORDED IN PLAT BOOK 52 AT PAGE 69 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, THE FOLLOWING (10) TEN COURSES BEING ALONG THE EXTERIOR BOUNDARY OF SAID TRACT "D"; 1) THENCE N 90'00'00' W ALONG THE NORTH LINE OF SAID LOT 19 FOR 100.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 19; 2) THENCE S 71 '35'52 W FOR 15.37 FEET TO THE POINT OF BEGINNING: 3) THENCE CONTINUE S 71'35'52' W FOR 24.79 FEET; 4) THENCE N 57'55'43' W FOR 38.59 FEET; 5) THENCE N 57'29'11' W FOR 53.41 FEET; 6) THENCE N 75'51'27' W FOR 54.54 FEET; 7) THENCE N 37'17'58' W FOR 6.69 FEET; 8) THENCE N 13'57'37' W FOR 10.84 FEET; 9) THENCE N 00'00'00' E FOR 4.31 FEET; 10) THENCE N 84'09'50' E FOR 83.72 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVED TO THE SOUTHWEST HAVING A RADIUS OF 160.00 FEET AND CHORD BEARING OF S 42'55'24' E; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE LEADING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 41'40'54' FOR A DISTANCE OF 116.40 FEET TO THE POINT OF BEGINNING. is .g o \ u ;; 4 ~ a i: J AVENTURA 191stTer 191stSt ~ .. .. 190thSt Jl c 189tt1Ter f 189thst AVENTURA I . I . I {f ! i SUNNY 1!! . It! I 8 : ISLES g I oS : I . . I ./ i i i ( . \ . \ . \ . I . I i < '< Il; ~ <J:i .$1' IJ J' ! <J ~ . c '5 u i <( I1srlr 174th 51 NORT MIAMI BEACH 172nd St l! ~ Sunny Isles Beach Blvd . I . I \ \ D \ \ \. ", _s._~~ Ave PoInciana Or Kings PoIl'ltOr(159St) Bayview Dr (158 St) *- MIAMI-DADE COUNTY _aa_ ~,'-,~ Proposed Recreational Open Space c: Cll Q) <) o ,g c Cll ~ Small Scale Amendment to Future Land Use Map of the City of Sunny Isles Beach Comprehensive Plan CITY OF SUNNY ISLES BEACH COMPREH~I)JS~'{EV~ ...~,:::(~()&i,;;,o.;'_)# / ~;~}' cD '----' , "" TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach ] 8070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Lewis J. Thaler, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans OUinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Jorge Vera, Assistant City Manager :.\-- November 16,2006 U Small-Scale Plan Amendment RECOMMENDATION: The attached proposed small scale amendment is presented for consideration and approval. REASONS: On or about October 5, 2000, the City Commission adopted the City of Sunny Isles Beach Comprehensive Plan (" Plan"). The Plan was prepared pursuant to the Florida Growth Management Act. Under the Plan, the City is required to satisfy certain objectives relating to open space and recreational facilities. Specifically, the Plan requires the City to "investigate the possibility of providing additional park space and amenities in the western neighborhoods of the City". Moreover, the policies of the Plan require the City to provide a level of service standard for parks and recreation of 2.75 acres of public and private and open space for each one thousand residents of the City. Since the incorporation of the City, the City has acquired additional properties in furtherance of the goal of providing additional parks to the residents of the City of Sunny Isles Beach. At this time, there is a need to amend the Future Land Use Map ("FLUM") to designate new properties acquired by the City for recreational and open space purposes under the FLUM. It is important to note that the proposed small scale amendment satisfies Objective 1-5 of the Recreation and Open Space element of the Comprehensive Plan. Parcell The Comprehensive Plan identifies Parcel 1 as Neighborhood Business. Parcel 1 is currently zoned as Neighborhood Business (B-1). The property is located at 19200 Collins A venue within - 1 - Agenda Item q b /2- J ~- D~ , Date the northwestern part of the City. The City recently purchased Parcel 1 for $19.6 million dollars and the property consists of 3.8 acres. With the exception of the Golden Shores pocket park, there is no recreational park in this section of the City. The City intends to construct a park at the site. The Zoning and Planning Department has reviewed the proposed change to the FLUM and recommends approval. The Department believes that the creation of a park in the aforementioned location will be consistent with the objectives and goals of the City's Comprehensive Plan. Parcel 2 The Comprehensive Plan identifies Parcel 2 as Neighborhood Business and Medium to High Density Residential. Parcel 2 is currently zoned as Neighborhood Business (B-1) and High Density Multi-Family (RMF-2). The property is located at 17200 Collins Avenue on the west side of the City. Parcel 2 is centrally located and it is within walking distance from the major population base of the City. The City acquired Parcell through its Transfer of Development Rights program. Parcel 2 consists of 3.17 acres. Parcel 2 is currently being used as a park. The park is known as the Town Center Park. The Zoning and Planning Department has reviewed the proposed change to the FLUM and recommends approval. The Department believes that the park use is consistent with the objectives and goals of the City's Comprehensive Plan. Parcel 3 The Comprehensive Plan identifies Parcel 3 as Low Density Residential. Parcel 3 is currently zoned as Low Density Residential District (R-I). The property is located at 215-191 Terrace in the Golden Shores neighborhood, which is located on the west side of the City. Parcel 3 consists of .017 acres. The acquisition of parcel provided the City with the ability to expand the pocket park in the Golden Shores area. The Zoning and Planning Department has reviewed the proposed change to the FLUM and recommends approval. The Department believes that the park use is consistent with the objectives and goals of the City's Comprehensive Plan. Parcel 4 The Comprehensive Plan identifies Parcel 4 as High Density Multi-Family (RMF-2). Parcel 4 is currently zoned as High-Multi-Family Residential (RMF-2). The property is located 100 feet north of 172 Street on the west side of Collins A venue. Parcel 4 consists of 2.41 acres and is situated next to the Town Center Park. The City intends to expand the Town Center Park by creating a walk path or board walk to connect the Parcel to the existing park. 2 The Zoning and Planning Department has reviewed the proposed change to the FLUM and recommends approval. The Department believes that the park use is consistent with the objectives and goals of the City's Comprehensive Plan. / Attachment 3 City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner A. John Szerlag City Manager Hans Ottinol City AHorney Jane A. Hines City Clerk 18070 Collins Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.sibfl.nel December 21, 2006 Valerie J. Hubbard, AICP, Director Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Re: First Small Scale Amendment to Future Land Use Map Dear Ms. Hubbard: At its regular meeting of December 14,2006, the City Commission adopted Ordinance No. 2006-270, which approved the First Small Scale Amendment to the Future Land Use Map of the City of Sunny Isles Beach Comprehensive Plan. Additionally, on December 14,2006, the Local Planning adopted LP A Resolution No. 2006-38, which approved and recommended said Ordinance to the City Commission. Enclosed is a certified copy of the approving Ordinance and Resolution. Thank you. Enclosures cc: A. John Szerlag City Manager Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager Doug Haag, Assistant City Manager George Fisher, Grants Coordinator Office of the City Clerk (305) 792-] 703 Phone (305) 949-3] J 3 Fax Comp Plan - 1st Small Scale Amend Ord Trans Ltr