HomeMy WebLinkAboutOrdinance 2012-388ORDINANCE NO. 2012--SSA
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265
"ZONING" SECTION 265 -37 "TOWN CENTER ZONING DISTRICT" TO
CLARIFY THAT COMMERCIAL JET SKIS AND PERSONAL
WATERCRAFT LAUNCHING FACILITIES ARE CONDITIONAL USES
WITHIN THE TOWN CENTER ZONING DISTRICT; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE
AND APPLICABILITY.
WHEREAS, under the City's Comprehensive Plan, the Town Center Zoning District is a
planned development district that encompasses both commercial and residential land uses to
create a regionally competitive business and activity hub where residents can live within walkibg
distances of business and retail uses; and ,'
WHEREAS, the City's Land Development Regulations must be consistent with the
Comprehensive Plan in designating certain uses within a particular zoning district; and
WHEREAS, the City Commission wishes to clarify that commercial jet skis and personal
watercraft launching facilities are conditional uses within the Town Center Zoning District due to
its impact to surrounding properties and environmental sensitive areas.
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. Amendment. Section 265 -37 of the City Code is amended to read as follows:
§ 265 -37. — Town Center Zoning District.
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D. Conditional uses.
(1) Bars, taverns and lounges, provided that individual establishments shall not
exceed 3,000 square feet in gross floor area. There shall be a three - hundred -foot
distance separation between any two such establishments. Bars, taverns and
lounges located within a hotel and without direct grade level exposure and access
to the building front setback area shall not be subject to the distance separation
requirement.
Commercial Jet skis and personal watercraft launching facilities For the purpose
of this Section, a personal watercraft is defined as a small jet - powered craft
Words added underlined, words stricken deleted (ed) Page 1 of 3
resembling a snowmobile in appearance and ridden like a motorcycle for
individual use in water.
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, 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 4. 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 5. Re en aler. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. Effective Date and Applicability. This Ordinance shall be effective upon adoption
on second reading. This Ordinance shall apply to any commercial jet skis or personal water craft
facilities that have not received conditional use approval.
PASSED and ADOPTED on first reading the 014' day of MAN 2012.
PASSED and ADOPTED on second reading the -21s +day of.A tU17 i 2012.
S.
ATTEST:
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAeSUFFICIENC
City Attorney
Words added underlined, words strieken deleted led) Page 2 of 3
Moved by:
Seconded by: w C-0 ATTT
Vote: G -0
Mayor Edelcup
_V(Yes)
_(No)
Vice Mayor Thaler
✓(Yes)
(No)
Commissioner Aelion
✓(Yes)
(No)
Commissioner Gatto
% Yes)
(No)
Commissioner Scholl
✓ (Yes)
(No)
Words added underlined, words stF Own deleted led) Page 3 of 3
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney
DATE: 6/21/2012
RE: Ordinance Amending Section 265 -37 of the Land Development
Regulations
RECOMMENDATION:
It is recommended that the City of Sunny Isles Beach (the "City") adopt the proposed
Ordinance amending Section 265 -37 of the Land Development Regulations.
REASONS:
The purpose of the attached Ordinance is to clarify that commercial jet skis launchinf
facilities are conditional uses in the Town Center Zoning District. A conditional use ie
generally compatible with other land uses in the district but because of potential negative
impacts on surrounding neighborhoods, require review by the City Commission.
It is the opinion of City staff that the launching and presence of commercial jet ski:
launching facilities in the Town Center Zoning District may be disruptive not only to the
neighboring residential, single family and multi - family areas but also the environmentally
sensitive areas, further supporting the reasoning that commercial jet skis launchinf
facilities and personal watercraft facilities should indeed be considered carefully as
Conditional Use requiring approval by the City Commission. City staffs position is
reflected in the following points:
The intracoastal waterway areas in the City contains scenic, recreational, historic
and natural characteristics. The City's focus is on enhancing the conservation of
scenic waterway areas and their corridors. Increased wake and noise from jet skis
and personal watercraft facilities are contrary to the City's policy objectives for the
Town Center Zoning District.
The City's intracoastal waterway areas are characterized by having exemplary
natural resources including mangroves.
Agenda Item No.9B\nDate 6212012
39
)) The presence of commercial jet skis launching facilities in the City's intracoastal
waterway area pose a potential water use conflict between personal watercraft/jet
skis and boats.
Limited police presence in the City's intracoastal waterway area makes patrolling
difficult, if not impossible.
a Personal watercraft /jet skis typically have high pitched, 2 stroke engines that have
a tendency to produce more noise pollution than a typical propeller drive
powerboat. There is concern that surrounding residential properties and wildlife
could be adversely impacted by noise introduced by launching these watercraft at
this site.
Based on these concerns, the proposed Ordinance is clarifying that commercial jet ski:
launching facilities are conditional uses in the Town Center Zoning District.
ATTACHMENTS:
LPA Resolution
Ordinance
Notice of Public Hearing Miami Herald
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Agenda Item No.9B\nDate 6/21/2012
40