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Home My WebLink AboutOrdinance 2009-320ORDINANCE NO. 2009- 32.. 0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-38 OF THE CITY CODE, BY RENAMING THE CULTURAL AND EDUCATION OVERLAY DISTRICT (CED) TO BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission created the Cultural and Education Zoning Overlay District (CED) to encourage and provide locations for cultural and educational uses; and WHEREAS, since the uses in the district are mostly commercial and government uses, the City Commission wishes to rename the CED the Business District. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON 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. Amendment. Section 265-38 of the Sunny Isles Beach Code is hereby amended to read as follows: 9 265-38 Cultural and Educational Zoning O':erlay District (CED). Business District. A. Purpose and Intent. (1) The cultural and Educational Zoning Oyerlay district (CED) Business District is established to encourage and provide locations for cultural and educational uses and facilities within the City of Sunny Isles Beach. The GBI) Business District is intended to be applied to and overlay the Mixed Use-Business Land category, outside of the Town Center District (TCD). This land use category is intended to provide services primarily for surrounding residential area, neighboring communities and visitor populations in an environment oriented to the pedestrian and adjacent street frontages. The GBI) Business District is designed to supplement and complement the existing Neighborhood Business District (B-1) zoning category. If the GBl}...business district imposes a greater restriction than the underlay district regulations, the GBl}...business district shall control. Amending Section 265-38 Of The City Code Words added underlined, words ~ deleted Page I of3 (2) The additional purposes of the GeG-business district established in this section are: B. Permitted uses. No binding or structure, or part thereof, within the---GeI} business district shall be erected, altered or used, or land used in whole or in part for other than one or more of the following specific uses, subject to all other applicable standards and requirements contained in this section: D. Prohibited uses. The permitted use listed in this GEl} business district shall not be construed to include either as a principal or accessory use, any of the following: 4. (a) Land dedication height bonus. Owners of land parcels within the GEl} business district may dedicate land by easement to the City for use as a right- of-way in return for an increase in the overall permitted height in the--Gef) business district. ... E. Boundaries of district. The boundaries of the GEl} business district shall be l85th Street on the north and 178th Street on the south. Collins A venue on the east, Atlantic Boulevard and the Intracoastal Waterway on the west. Section 3. 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 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 5. 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-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. PASSED and ADOPTED on First Reading the lcr~day of mARC H ,2009. PASSED and ADOPTED on Second Reading this _ day of ,2009. Amending Section 265-38 OfThe City Code Words added underlined, words stfi6ktm deleted Page 2 01'3 ATTEST: ~~I\~ Jane A. Hines, CMC, City Clerk torney VOTE AS FOLLOWS: S -0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Ooodman Commissioner Scholl Amending Section 265-38 Of The City Code Words added underlined, words ~ deleted l.0 yes L0yes L1Lf yes ~yes ~yes Moved by: ~LA ~Cy lH'rl-cc.e.... Second by: ('J)~~t~GOD~ft-IJ <-) no <-) no <-) no <-) no <-) no Page 3 01'3 u ~ Ql "C III I'll III C w N ...J N !a > >- ~ z E z :l ~ 'E III Ql 11. ~ 0 III ~ 0:: III U z Qi c: 0 N Qi Q; Cl c: E ~ tll tll (L .2 Z lJl C a. c: :e .Q .5 ell .~ > 13 lJl "'0 ell ell U <{ III 0 .... .... 0 0 '" '" N N C! .... .... N N .... :i: N N X "" C') C') co co N III ~ .0 E ~ :J Qi z .0 a. E c: ~ 0 :J :e (; z ell Qi "'0 lJl N "6 <{ .E en () e JC - 5 <C..; ~ ... ~ j1 <C..; ...r:: Ie 22 'E ~ ~ 8 .,; ~ ,., a; C Q. N <t ~ ,: [ <t 0 5 z Q. 5i ~ 0 Q "0 ~ a. x M ~ 'E ,., <t ~ 'E >0 W X C l- N .E :; ~ ~ '" :; ." z J E ~ ~ 8 -c > ~ '" ~ :I: '0 .~ ! 'f '6 > c <l: >0 N E ~ 0 >- .,; ~ 'ii .E ~ 0> N Q. '0 Ii ~ ... '0 ~ ; c 0 '0 e ~ :I: ~ :i ~ .<: ... .E cn~ O~ 0:;- N'g - ~ 1.0= O~ -~ ~g 0-8 '> ~ a;~ -= n:sg C~ i::il O~ ._ e -Q. n:s.!! (Jg --a; :C~ ::::J~ c..~ y.t^"TA80/.J(" rt~:~;~/-~-~>"~'~~-V'l'~~ .. ~.l BllrMtri!;5u~ \1f. lif CENTER ~~ I~I, OF .II~I \: \':, EXCELENCEj 11-</ \~~\.'-"~'f" ~~ ,~ ~o ~,Aft --.~~ --'" flO~ Ii't'VIEWc.o~ Center of Excellence BARIATRIC SURGERY Mcmorial Regional Hospital:, Bariarric Pmgmm has earned thc esteemed distinction of "Center of Excellence- dcsignation. This honor is gi\'cn by the Amcrican Socicty fm Mctabolic and Banauic Surgery (ASlvtBS). "Center of Excellence" distinguished features include: . Safe bariatric surgical care with excellent short- and long-term outcomes . Less than I % rate of com plical ions from surgery },,,,},,"h,,"~,O . Highly experienced physicians . Top quality facilities and technology . Recognition as a "Top Performing Center" In bccoming a "Center of Exccllencc," Mcmorial Rcgional Hospital's Bariatric Program has hcld itself up to some of the highest standards in thc industry. 'Tliesday, April 7. al 6:30pm Memorial Rcgio~aI Ilo.spi,-&- )Aain .-\udilllrium 1".il11InhnSllO St. Ht)l1rwnnd Tuesday, April 14, at 6:30pm MnnorialHospilA1 Miramar- Ror<ll P<tlm ConkTt'm\' Room lQOlS.W 112A,'c,. \1ird.mtl.r ,y,!;pesday,April21, at 6:30pm x~ MbrturialRegiunJlJ Huspiud SOItLI. _ ..\lIl.,hlunum 3bO(l;~~'a~hinglgri $1., t lollywt,otl PllfSFNrEfI ~y; T~,~~mao; Ua......';MU.; nrt'lt Cnht'n; \11).; Emil M~lf'i, DO RSVP: (954) 265-5889 It- Th<- .....rn~fjnu' SC1drl} fur o\1l'll,,,...I;( "'If' fJllrillfrlC -SMfll"fJ ''>It ...."ml Mrmurt.Il Rrxilmrd Iluspitars lJ,uiCltrk Su'Xcry Pr'?:fl"" with. fill"",,,, nf\:lJ, Mf). und IbrUCc.iltiii, MD, >I '"(crttff vI E."ctlkrt(C''' p,.~1 Vrt lhr llifN)', (,..... IlnJ ,,,,-un/,,l uuti'~'IIK'.'l.~'it5 po'llmill. ":,,,"':.:: . ,.,,' ,,',. 0;> "'~~~0,.,~'W;?;'!r*0~::8;7gtf.~:Q:M:;w40ir&i;8:};r:;r::m;;g:;"-l~" ~Memorial ~ Comprehensive Weight-Loss Surgery Program Memorial Regional Hospital' 3501 Johnson St., Holl)wood, FL 33021 AJacilily vJ Memvlial Hmlcl1wrr System / mhs.ncL CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission, also sitting as the Local Planning Agency, of the City of Sunny Isles Beach, Florida, will hold a publiC hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, Florida, on Thursday, April 16, 2009, at 7:30 p.m., to consider adoption of the following proposed Ordinances: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RELATING TO TRANSFER OF DEVELOPMENT RIGHTS; AMENDING SECTION 265-23G (1) (A) (2) TO EXTEND THE TIME PERIOD FOR THE UTILIZATION OF DEVELOPMENT RIGHTS THAT ARE PRIVATELY OWNED; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-38 OF THE CITY CODE, BY RENAMING THE CULTURAL AND EDUCATION OVERLAY DISTRICT (CEO) TO BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. InqUiries regarding these ttems may be directed to the City Cler1\ at 305-792-1703. A copy of these documents is available for public inspection during normal business hours in City Hall. Jane A. Hines, CMC, City Cler1\ All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Cler1\, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to register with the City Clerk by completing a public speakers' card prior to the item being heard. The hearings on these matters may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-947-0606, no later than 48 hours prior to the proceedings; if hearing impaired, please telephone the m line at 305-792-1590 for assistance. TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City CommiJJioll Norman S. Edelcup, May"r Lewis J. Thaler, Vli~ klt!y"r Roslyn Brezin, COmmifJi"mr Gerry Goodman, Commiuioner George "Bud" Scholl, CommirJioller (305) 947-0606 City Ilall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Rick Conner, /ldillg Cily Manager Hans Ottinot, Cl/)' /llIom~)' Jane A. Hines, Cily Clerk MEMORANDUM The Honorable City Commiss7\ ~ Hans Ottinot, City Attorne~ March 19,2009 Renaming the Cultural and Educational Business District ("CED") to Business District RECOMMENDATION: This Resolution is presented for your consideration. REASONS: The City commission created the Cultural and Educational Overlay District ("CED") to promote cultural and educational businesses within the district. However, the cultural and educational institutions have not been created within the district. Currently, the uses within the district are mostly commercial and government uses. Thus, it is appropriate to rename the CED to the Business District. Please note that the districts south boundary is I 78th Street and north boundary is 183rd Street. The district east boundary is Collins A venue and the west boundary is Atlantic A venue. 1 Attachment Agenda Item ~. &, ;2.. 4-1(0,01 Date