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HomeMy WebLinkAboutOrdinance 2009-326 ORDINANCE NO. 2009-~(. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-71 OF THE LANDSCAPE CODE "MINIMUM DESIGN STANDARDS" RELATING TO HURRICANE PREPARATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has a desire to provide safety for the residents and visitors during times designated by the National Weather Service as being a Hurricane Watch; and WHEREAS, the City Commission wishes to amend the landscape code minimum design standards for the installation and securing of items in balconies and open areas during times designated by the National Weather Service as being a hurricane watch. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Amendment. Section 265-71 of the Landscape Code Minimum design standards to read as follows: ~ 265-71. Minimum design standards K. Garage and building rooftop landscaping. Not less than 50% of rooftop areas of buildings that ancillary to and are visible from upper level dwelling or hotel units in adjacent primary use residential or hotel towers on the same site shall be screened or buffered through the use of landscaped horizontal trellis structures, shade or palm trees in irrigated planters, canopies, screening walls enclosing mechanical equipment and/or through the decorative surface treatments of flat roof areas with patterns of gravel or other surfacing materials in varying shades and hues to create a graphic composition. Open rooftop parking on garage structures adjacent to upper level residential and hotel units shall be fully screened through the use of landscaped trellis structures, canopies or shade or palm trees in irrigated planters. During such periods of time as are designated by the National Weather Services as being a hurricane watch, all loose potted plants/trees and obiects shall be lashed to rigid construction or stored in buildings as called out in Chapter 8 Section l6(a) of the Miami-Dade Code. Section 2. 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, Words added underlined, words stfiekeft deleted (ed) Page I of2 sentences, clause, 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 3. Inclusion in the Code, It is the intention of the Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and 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 4. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Effective Date, This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the 'Z I ~ day of 1'Y) A Y 2009. PASSED and ADOPTED on second reading the 1 ,,~ day of Ju rv ce. 2009. C'I" -, .' \ . (;" , " "\ .'.~ . J I.......... i. 6 ./ i) . ,\1' ,,' .t 1 ,./ ,:/ NrtEST:~' ',':. ..J' " c;'" ,..._., ", '0; i'~"'\ ~.:... ~,~ . ("Vi /,., 0.-, -fl.": .U'I\ iJ. .,~~~l . ~ ~. . 'JandA. Hines, GMC, City Clerk . ) . ) <..., .~.- . 4 It ,..-' 1 ' ......1 . APPROVE AS TO FORM AND :At FICIENCY: Moved by: Cb~Sc.HD\..L Seconded by: Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl -lL- (Yes) ~(Y es) V(Yes) V(Y es) -.1L (Yes) (No) _(No) _(No) _(No) _(No) Words added underlined, words stfiekeft deleted (ed) Page 2 of2 u ili GI 'C ED l'Cl (/) C w i': ...J N !!2 ~ >- Z .. Z :l ~ 'E (/) GI u.. ~ 0 (/) ~ 0:: ED U z Qi c: 0 !:::! Qi Q) Ol C E ~ l'Cl l'Cl a.. .Q z Ul c a. "E t: .Q 05 Q) u .!!! > Ul U '0 Q) Q) <( en 0 .... .... CI CI en en ,... ,... CI CI II) ~ N N .,; II) II) C') C') ~ co co ED ~ .a E Q; :> Qi z .a a. E c: ~ 0 :> t: 0 z Q) Qi '0 Ul N '0 <( .E in t) e 4I'Q - 5 w ~ . .... ~ i w ..c le) l! s c o u ~ ~ . ~ ~ Q. ! Ii '0 ~ . ... ~ il ~ ~ .E o vi -l! o il . .i! ';; > "t: . "0 ~ ! u o c ... ~ E ~ o >- 1 ;; .E . g> Q. "0 Ii ~ "0 . = c o "0 1! . J: E ~ :i . .c .. .E "0 ad o~ Oli N~ ~~ OJ! -- CDg O-ll li an _:: mg c: ~ ei o:!! .- e - Q. m.!! ug .-Gi :C~ ~':: o..~ Open Spm - 10pm Whole l1f.t lb. Maine Lobster , I . II III I' 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, June 18,2009, at 6:30 p.m., to consider adoption of the following proposed Ordinance: AN OROINANCE OF THE CflY COMMISSION OF THE CflY OF SUNNY ISLES BEACH. FLORIDA, AMENDING SECTION 265-71 OF THE LANDSCAPE CODE "MINIMUM DESIGN STANDARDS", RELATING TO HURRICANE PREPARATION; PROVIDING FOR SEVERABILflY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding this item may be directed to the City Clerk at 305-792-1703. A copy of this document is available for public inspection during normal business hours in City Hall. Jane A. Hines. CMC, City Clerk AU 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 ria the City Clerk. City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach. Flo<lda, 33160. Any person wishing to address the City Commission at a pubUc hearing is asked to register with the City Clef1( 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 oot 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 01 the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This ootlce does oot constitute consent by the City for introduction or admission of otherwise inadmissible or Irrelevant evidence, nor does il authorize challenges or appeals oot olherwise allowed by law. In accordance with It< Americans with Disabilities Act, aU persons WOO are disabled and WOO need special aa:ommodations 10 paI1icIpale In this meeting because 01 thai ~sabllity should c""lad the CI~ Manager aI305-947-0606, no Ialer than 48 hours pOor 10 the Ilfoceedlngs;" heartng impaired, ~ease lelephone It< m line aI305.792.159O for assistance. '~rA\:TARC;(~~--'< ~,Qd^."~~~'~ '/rf.......f. '~~;-", ;(. f ''''"''''''''''" \.'....~\ ~, CENTER :; 'f;\ ~ ( OF :,1 ~I : J:iXCELLENCE} ."1; ,pc:.\ /;~~/ ~C'}~_._ ..---f ~~ ~~~/ '" o 2 ~- w z =l ,,: <( " z ~ Center of Excellence 9 <( ffi :z: E <( E w i: BARIATRIC SURGERY Memorial Regional Hospitals Bariatric Program has earned the esteemed distinction of "Center of Excellence" designation. This honor is given by the American Society for Metabolic and Bariatric Surgery (ASMBS). "Center of Excellence" distinguished features include: . Safe barianic surgical care with excellent shon. and long-term outcomes Less than 1% rate of complications from surgery J~"'i.~'''''''''ry . Highly experienced physicians . Top quality facilities and technology Recognition as a "Top Performing Center" In becoming a "Center of Excellence," Memorial Regional Hospital's Bariatric Program has held itself up to some of the highest standards in the industry. i ." z ~ ,; ~ J: .~ :;: > <( IAP-BANDQll, Gastric Bypass and Sleeve Gastrectomy Surgery TUesday, JUne 9 6:30pm Lteta~Plact ~tMrntorial Hospital Pembroke 2261 N. Ury!v~rsilyDrive. Suite 103. PeT_broke Pi~es Tuesday,June 16 6:30pm Mcmarln' Regional Hospital South - Auditorium 3600 Washington St.,llollywood PRE~[Nn() n; Th'()inas Bass. MOil; Brett Cohen, MOil; Emil Matei, 00 RSVP: (954)265-5889 . Thr Amaleall SodrlY for Mrtabo'ic and Barlalrlc Surgery has namtd Mt'morial Rtgional Haspllali Bariatric Swgtry Program with Thomas 8a55. MD. and B~tt Cohen. MD, a "Crotrr of Excrlfcncc" \..~^~~~.:..~~.:~!.~~~:..~~.~~~:..~.~~.~.~~!.~~..~~:::~:~:~~:itltnts. -'F'-'>-'-' "'. ~~ < ~Memorial ~ Comprehensive Weight-Loss Surgery Program Memorial Regional Hospital' 3501 Johnson St., Hollywood, FL 33021 A facility of Memorial Healthcare System I mhs.net Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEM9RA~PUM TO: The Honorable Mayor and City Commission FROM: Robert Solera, Community Development Director DATE: 6/18/2009 RE: Amending Section 265-71 of the Landscape Code "Minimum Design Standards" Relating to Hurricane Preparation RECOMMENDATION: Staff recommends that the City Commission adopt this Ordinance amending Section 265- 71 (Landscape Code "Minimum Design Standards"). REASONS: The Community Development Department in conjunction with the Building Department has performed research to develop an amendment to the code, for the purpose of securing of items, such as trees, on balconies and open roof areas, in the event of Hurricane Watch. As such both Departments will like to amend the Landscape Section of the code and create a requirement for existing and future developments, where securing of the items at the time of a declaration of a Hurricane Watch by the National Weather Services is required. This action will enhance the security of residents and visitors in case of a bad weather, by preventing that these items become projectiles and inflict bodily damage as well as damage to private and public properties. ADDITIONAL INFORMATION: The amendment will be enforced by the Community Development Department in conjunction with the Building Department once there is a declaration of a Hurricane Watch by the National Weather Services. The property owner will be provided 24 hours to come into compliance. A TT ACHMENTS: . Ordinance . Memo from Building Official . Notice Confirmation http://sibagenda.si bfl.net/agenda/Preview,aspx?l temID=4 7 &MeetingID Agenda Item q c.. ~ Date 1-1 -I ~'" oq , TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City COlnmiJJion Nonnan s. Ed<:lcup, M'!Yor L<:wis J, Thal<:r, Vi,. Mayor Roslyn Bruin, Commir.rioner G<:rry Goodman, CommiSJiomr G<:org<: "Bud" SchoU, CommiJIio1/er (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Rick Conner, Atli11!, Ci!Y MOlloUr Hans Ouinot, Ci!y Altomq Jm<: A. Hines, Ci!Y Cltrk MEMORANDUM Rick Conner, Acting City Manager Jorge Vera, Assistant City Manager Clayton L. Parker, Building Official/Director March 30, 2009 New Modification for Landscaping Ordinance to Require Hurricane Preparation Statement on Plans for New Construction. A new amendment to the Landscape Ordinance will require Developers/Owners to include the Hurricane Preparation Statement below, as part of their approved Landscape Plans, when showing potted plants or trees as part of their overall design, Hurricane PreDaration Statement - (Vuring such periods of time as are designated by the National Weather Service as being a hurricane watch, all loose potted plants/ trees shall be lashed to rigid construction or stored in buildings as called out in Chapter 8 Section 16 (a) of the Miami-Dade Code" ARTICLE I. ADMINISTRA nON Page 28 of 30 ( (b) Upon a finding of a material violation the Chief Building Code Compliance Officer, or his or her designee, shall issue a Notice of Material Code Violation, identifying the violator or violators, specifying the nature of the violation and providing a reasonable time for correction. The time for correction shall be established by the officer upon an evaluation of the following factors: (1) The likelihood and immediacy of physical harm to persons andlor property. (2) The likelihood and immediacy of significant damage to the performance of a building or its systems. (3) The nature and extent of the required corrections, (4) Any prior notices of the deficiencies constituting the violation. (c) The Notice of Material Violation shall also provide that the violation may be disputed by appropriate notice directed to the Chief Building Code Compliance Office. (d) The Notice of Material Code Violation shall be posted in the structure and shall be mailed to each violator at the address which appears in the permit documents. (e) In the event that the material violation is not cured to the satisfaction of the Chief Building Code Compliance Officer within the time specified, or disputed in the manner set forth above, the Chief Building Code Compliance Officer shall impose a fine per material violation of $500.00 for the first offense, $1,000.00 for the second offense, $2,000.00 for the third offense and $5,000.00 for each subsequent offense. (f) Disputes of violations, collections of fees, and imposition of fines and other penalties, including but not limited to suspension of permitting privileges shall be effected in accordance with the provisions of law. (Ord. No, 01-112, S 1, 7-10-01) Sec. 8-16. Special Hurricane Inspections. (a) During such periods of time as are designated by the National Weather Service as being a hurricane watch, all furniture, display racks, material and similar loose objects in exposed outdoor locations, shall be lashed to rigid construction or stored in buildings. Orders shall be oral or written and shall be given to any person on the premises most logically responsible for maintenance and such orders shall be carried out before winds of hurricane velocity are anticipated. _ (b) After winds of hurricane velocity are experienced and have subsided, the Building Official shall investigate to determine if damage has occurred to buildings or other structures, (c) No building or other structure or assembly or part thereof, which was damaged or collapsed or out of plumb or line shall be repaired or altered or otherwise returned to its original position without inspection and approval by the Building Official. (Ord. No. 01-112, S 1, 7-10-01) ~; Sec. 8-17. Violations and Penalties. (a) Penalties. This Section shall apply to all persons and violations not covered by Section 8-15 above. Any person, firm or corporation who shall violate a provision of the Building Code or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate htt'M.o//l1'hrQ',,-u 'M""l'l......1'("'O"rlD ,-.."",......../o,.,tL3'un" .rill/t::'T /+1,.....""':,..1.../11 (ViII 11 1""'11'" /11 ""l.lt .ltt"}-C_.______l_....__if'r"__ _1