HomeMy WebLinkAboutOrdinance 2007-288
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ORDINANCE NO. 2007- 265
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AN ORDINANCE OF THE CITY COMMISSION OF
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THE CITY OF SU~NY ISLES BEACH, FLORIDA,
AMENDING SECTION 265-11 OF THE CITY CODE TO
REQUIRE SITE PdAN REVIEW FOR CHARTER
SCHOOLS AND I PRIV A TE EDUCATIONAL
FACILITIES WITH A STUDENT POPULATION OVER
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40 STUDENTS OR MORE; PROVIDING FOR
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SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING FOR I INCLUSION IN THE CODE;
PROVIDING FOR ANI EFFECTIVE DATE.
WHEREAS, the City Commission has found it necessary for the purpose of protecting
the public health, safety and general w~lfare to require site plan review for Charter Schools and
Private Educational Facilities; and
WHEREAS, Site Plan Review rill provide a process that will ensure the proper location
of Charter Schools and Private Educational Facilities; and
WHEREAS, the City commJion wishes to adopt this amended ordinance [0 regulate
impacts of certain uses.
NOW THEREFORE, BE IT ([)RDAINED BY THE CITY COMMISSION OF THE
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CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of RecitaJ The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correJ:t and are hereby made a specific part by this ordinance
upon hereof.
Section 2. Amendment to Section 265-11. Section 265-11 of the City Code IS hereby
amended to read as follows: I
~265-11. Procedures of General ApplicAbility.
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O. Zoning clearance shall be required for all buildings and structures hereinafter erected,
constructed, altered, or repaire:d within any zoning district established by the Land
Development Regulations, and for the use of vacant land or for a change in the character
of the use of land within the di~trict established by the Land Development Regulations.
No building permit shall be issu~d until a zoning clearance memorandum has been issued
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by the Director of Planning and Zoning or designee.
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P. Charter Schools/Private Educational Facilities. Notwithstanding any other provision in
the City Code, Charter Schools dr Private Educational Facilities with a student population
of 40 or more students shall b~ required to submit a site plan for a public hearing in
accordance with the provisions bf Section 265-11 of this Article. For the purpose of this
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subsection, a charter school shall mean an educational institution which is authorized and
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maintained in accordance with the provisions of Chapter 1002, Florida Statutes, as same
Public Charter School Ord. I
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maybe amended from time J time. For the purpose of this subsection, a private
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educational facility is an educational facility which is not considered a public school or a
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charter school or a day care facility under state law. Development approval may be issued
administratively for Charter Sthools or Private Educational Facilities with a student
population of 39 students or les~, except where the City Manager or designee has decided
that the review of the City Comfuission is required.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrasb of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decisibn 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 alii ordinances, resolutions and parts of ordinances or
resolutions in conflict with this Ordinarlce 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 ordinante may be renumbered or relettered to accomplish such
intentions; and that the word "ordinarlce" 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 ;{O~day of S~ 2007.
PASSED and ADOPTED on "cond reading the 1'6""day of od.o be..... ,2007.
,". ~d
.: . ~ ., ;, -' ' .
orman S. Edelcup, Mayor
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) A:rTiEST: .
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'" Jane, 'A. Hines, City-Clerk
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A.P.PROVEJ).A.S TO FORM
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AND LEGA SUFFICIENCY
Public Charter School Ord.
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Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
Public Charter School Ord.
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Moved by:
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Seconded by:
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V""CY es)
0Yes)
(/(Yes)
V(Y es)
"VfY es)
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MIAMI
THE MIAMI HERALD I MianuHerald.comiBroward
BR
BROWARD PLUS
THURSDAY, OCTOBER 11, 2007 I 78
Carnival Center CEO won't get bonus
Approval appears likely
for scaled-back tax deal
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II The Carnival Cente, CEO
won't receive a bonus
following a rec&nt pay
raise. County officials have
scheduled a public
discussion of the pay raise.
BY DANIEL CHANG
dcnan9",'.~iilmiHerilln.LGm
The trust that manages the
Carnival Center for the Per-
forming Arts. already 10 days
late on a $15 million debt pay-
ment for construction costs,
has decided against awarding
CEO Michael Hardy an
annual bonus.
Hardy, who eams $326.255
a year, was eligible for a
bonus of up to 11.5 percent of
his salary, or $57,000.
But perpetual financial
troubles at tbe center - with
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. State legislators
outlined the framework of
a Ical.dRback tax deal
that would cut property
taxes by $11 billion
over four years.
BY MARC CAPUTO
AND MARY Eu.EH KLAS
rTl(;i!lpu!o.:4Mi,)ITlIHi!f3Idnllll
TALLAHASSEE - Slate
House and Senate leaders
released the framework of a
property la~ cut plan
Wednesday that adopts most
of Gov. Charli~ Crist's pro-
posa] and adds a few tweaks,
giving renters a break and
allowing low-income seniors
to p;ry no homestead taxes.
The tentative deal means it
wiJIlilce/y pass in: some (orar
by Oct. 22 now that the legis-
lature plans to extend the spe-
ciallawmaking session on the
budget through next week.
If approved by voters, the
proposed constitutional
amendment would save tax~
payers about $2J billion slate-
wide in 2008-09, but the plan
would mean savings of only
$240 for the average home-
owner, The modest relie{(a1Js
short of the Legislature's
goals for deep savings but saJ~
vages their efforts to place a
constitutional amendment on
the Ian. 29 ballot.
House Speaker Marco
Rubio said he was "disap.
pointed" and unenthusiastic
about the measure but prom-
ised to return with more tax-
cut proposals during the leg~
islative session in the spring.
Tbe West Miami Republi-
can bas spent most of the year
pushing for bigger savings
that many lawmakeu have
rejected as unrealistic.
The centerpiece of the
plan, fiut proposed by the
governor and Senate Demo-
crats, is "portability," which
would allow people to take
their tax.exemption protec.
tiollS irom one home to a new
one. It also doubles the
525,000 homestead exemp-
tion, gives firsHime F]orida
home buyers an additional
permanent exemption and
leaves school laICes
untouched.
Portability is especially
popular in South Florida,
where high home prices have
made it difficult for some
people to move due to the tax
,hock.
The newly added break for
senior citizens would be most
felt in Broward County.
which has about 10 percent of
the estimated 500,000 F]oridi-
ans older than 65 wbo earn
less than $25,000 yearly. Palm
Beach and Miami-Dade coun.
tics eome in a dose second
and third.
Renters also would see
additional protections from
rising property taxes under a
provision to give ownen of
affordable housing new prop-
erty tax e:zemplions if they
abide by certain reDt rcstric-
liOlu.
Rubio announced the
House's additions to Crist's
plan on Wednesday and Sen-
ate President Ken Pruitt later
told his colleagues the Senate
bas agreed to the changes.
Legis]ators have until the
end oi the month to replace
their fIrst proposal - thrown
off the haUot by Jl judge for
"misleading" language - for
a constitutional amendment
on property taxes.
The amendment needs a
the missed debt payment as p]etion of construction and
the latest in a long list of add an additional $5.25 mil-
money probl~ms - have lion to the endowment by this
amounted to what Hardy and October. Presently, the
his hosses hav~ called "a difli- endowment is at $3.65 million.
cult year." _ Requested and received
Since the Center opened in an additional $4.1 million
October 2006, the l'crfonning irom Miami-Dade - on top
Arts Center Trust and Foun- oi the $3.75 million the county
dation, which manage and already had committed to the
raise money for the county- center - to cover occupancy
owned center, have: costs.
_ Missed the deadline to . Ended the center's first
deliver $48 million in contri- year with a $2.5 million oper-
butions by the center's debut ating deficit, due mainly to
to offset its $413 million cost. poor ticket sales for the cen-
Foundation leaders were ,...
$14 miJJiOD short and Miami- !
Dade County had to under- j
write a bank loan ior that. '
. Fai]ed to raise enough <
money to fund a $10.15 mil- ,
lion endowment due at com. :
ter's own presentations.
. Missed an Oct. 1 dead-
line on a $1.5 million debt pay-
ment to Miami-Dade to help
cover construction costs. The
payment is the first of 20
annual installments, for ,.
total of $30 million.
"It was a very diificult
year ," Hardy said Wednes-
day. "Some things wcnt as
well and maybe better than I
would have cxpected, and
some things definitely went
worse than I would have
expected:'
AmoDJ':: the successes
Hardy counted in the first
year were the center's hosting
850 periormances, conven-
tions and privak functions,
"and about 500,000 people
overall coming to those
events,'. he said. "That's
500,000 people who didn't
come into downtown Miami
the y~ar before.
Still, the center has fallen
short on other goals, and
Hardy, as CEO, bears the bur-
4en,o( ilsl~lldership.
PAC Trust ChAirman
Riclcy Arriola declined to
comment on Hardy's joh per-
formance in 2006, except to
say that he, past Trusl chair-
man Parker Thomson :lnd
Hardy met in September for :l
job review.
Hardy said Wednesday he
would have declined a bonus
if he were oifered one.
Miami Herald staffwrit('r
Matthew 1. Pinzur contributed
t~.t1tis.rl!pOrt.
three-fourths vote of each
chamber to get on the banot,
where it would then need 60
percent of the vote to pa5..<;.
Rubio said that while this
proposal "doesn't go far
enough," he hopes it would be
'.th~ fIrst slep in a multip]e-
step process" that could
include more legislation or
amendments proposed by the
state's Taxation and Budget
Reform Conunission and citi-
tell groups.
The additions the House
and Senate have agreed to ~
make to the governor's plan
would mean another $3 bU. !
lion in savings over four:
years. .
The Historic Hampton House Communily Trust, Inc.
see~J?", p.rqducti9n __a~d__ ,p()st~pr()d_lJfti()I'L serv.ic~:>_ ..10
produce a video ova from oral hiSlories 01 African-
American jazz arlists and others who visited the
HBmplOn'-Hou~"1:!'Mutet'durirty"lhe'195-o's'llnd'60's'lor'1l"
State Historic Preservation Small. Matching Granl.
Interesled parties should Submit lhree copies 01 their
qualifications by October 19, 2007 to:
Xavltn Vega
Historic Hampton House Community Trust, Inc.
5400 NW 22nd Avenue, Suite 705
Miami. FL 33142
Phone: 305-638-5800
Fax: 305-638-5887
Relirement of Alan K. Roberts, MD
As of November 3D, 2007
It's been my pleasure 10 pro....ide medicol care in
this community o....er the past 30 yeors.
Records Are Available Allne office of
Concentra Medical Centers
t 347 Soulh Andrews Ave.
FI. lauderdale, Fl
Good servic,.
Good pric,.
Good neighbor agent.
Three good reasons to
insure your car wilb
Slale Farm.
NOTICE IS HEREBY GIVEN that a public hearing wllJ be held by the City Commission
of the City of Sunny Isles Beach. Florida, in the Sunny Islas Beach Government
Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles
Beach, FlOrida, on Thul$day, October 18, 2007, at 7:30 p.m., to consider final
adoptlon of the following proposed Ordinance:
AN ORDINANCE OF THE CllY COMMISSION OF THE CllY OF SUNNY ISLES
BEACH, FLORIDA. AMENDING SECTION 265-11 OF THE CllY CODE TO
REQUIRE SITE PLAN REVIEW FOR CHARTER SCHOOLS AND PRIVATE
EDUCATIONAL FACIUTIES WITH A STUDENT POPULATION OVER 4(l
STUDENTS OR MORE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER: PROVIDING FOR INCLUSION IN THE CODE: PROVIDING FOR
AN EFFECTIVE DATE.
::;u~~~n~v~~j~~:for ~Jb~ i=%~d:;~~;: ~~94~~'CA~~1.0f
Jane A Hines, CMC, City Clerk
~rv':::i~~~~~~;~tt~c~eedo~~re&~~~t~:tl~~~'oj i~n~x,:=
Beach, 18070 Collins AVenue. Sunny Isles Beach, Florida, 33160. ~ person wlshYng to
~~~~~I~ 8C~J~~;::~,a~~~ rO~~it~a~~t~:~~t8f Th~\~~~~ ~~~~
matters may be continued at this mee~ and under such circumstances, addltlo:ftegal notice
woutd not be provided. N 8 person decides to appeal any decision made by the City
~;:~~~h ~~r t~~hY :~~=:\~~::e~' ~~~~j~~,:;r~~~~
Fs~::ngsas~:ad~l~~~~~.:s~~::tl~~~~~f ~~nc~~~i1'~~ct~
admlssion of otherwise lnadmlsslble or Irrelevant evidence, nor does h authorize challenges or
appeals not otherwise allowed by law.
A meeting of thl Value AdJultmlnt Board (thl 'VAS; wlll bI hlld on
TUndilY, lktoblr 16, 2007, 10:00 Lm., Jrd Floor COnfwlHlct Room,
CommluJon Chambers, Stephen P. Cln Center, 111 N.W. 1st StrH~
Miami, to coneld.,. the following:
t. COll$ideration and adoption of recommendalions 01 Special
Magistrates as the written decisions 01 the VNJ lor the remaining
uncerti!led property assessments (folios) for tax year 2006.
II Final certification of the 2006 tax rob p.e, as to aD as&eS5meI1ts
lfWallycertified on an unadpsted basis on Ocftlber 16.2006 and lor
which hearings were held and Special Magislrale$'
recornroondatbnsSIJbnVttedpriorIo0tt0ber16,200T).
Ill. Corwene the 2007 VNJ and approve adrhnistrative pRXlldures lor
theenSIJIlg tax year.
lV. Sl.ICh other business as may properly oome before the Boaro
A lisl malnfajned by the Property Appraiser of all appjicants for exemptior,
who ~e had their applicalions fOf exemptioo either la) denied or (b) who~y
or pal1ia1lyspproved,isavailable lor Inspection by the pubocat the:
DepaltmMlf aI PIOfltJ/tr Appraisal. Su.iIe 7l0, III NW. 1$1 Street, Miami.
Florda, duriog rl!lQ\llar business hoots (i.e.lrnm SA.M.lo 5 P.M. v.eekdays)
The Iypes ofexerTlltDns included., the list are: homeslead.-Sl. Citizef1.
wi(Io,r,>(erj. disabUy. educational.lleTlll)', (e1ig~iJS, chariable. governmental.
health and tare fadlties, renewable energy $Olm:e devices. histDIt: proper.
ties, homes lor the aged, low..-,oome housing properties, labor organizaclon
prqlerties, commonly centers. arx:l etOOOn1e dewlopmenl (enterprise zone)
_.
A person who deciles to appeal any ded5ion maIle by any boan:!. agency or
commission .",;th I'Mped to any mattef COI'lSklered aIls meeting Of hearing
..,..;lneeda~oltheproceedilgs.Suc:tlpersonmayneedtoef\SUfeUlat
a verba:lim record of the protee1l.,gsi:l made, fldudi'lg the testimony and
evidence upon which the appeal is to be based.
Amerlr.ans 'Mlh Disabilities Ad nf 1990
Anyonewitt,adisabililyneedjnga:specialacc:on-uoodationlopal'l~alei1
these pi'OClledings should call (305)375-5641. TOO LiseBmay oonlad lIS\'ia
the Florida Relay SeMce at l..aoo.955-877l. Note: Sign language iller.
preler sef'llloesmusl be reqLJesled al least fiYe (5) days prior to an appoilt-
menldale. TranspOltatiooiswprovidedbytheCJeri'sorra.
HARVEY RlNIN. CLERK
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
] 8070 Collins Avenue
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
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Priscilla Walker, CMC, Deputy City Clerk 7~
October 23,2007
Approval of Charter School Site Plan Review Ordinance
At its regular meeting of October 18,2007, the City Commission adopted Ordinance No. 2007-
288, which adopted a site plan review requirement for charter schools. Attached is a copy of the
approving legislation for your files.
Thank you.
/pw
Attachments
Charter School Site Plan Ord Trans Memo