The URL can be used to link to this page

Home My WebLink AboutOrdinance 2017-493 ORDINANCE NO. 2017- 41 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-34 OF THE CITY CODE TO ELIMINATE A CONFLICT BETWEEN BUILDING SETBACK REQUIREMENTS AND BUILDING TOWER SEPARATION REQUIREMENTS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the purpose of this Ordinance is to ensure consistency between the building setback requirements and building tower separation requirements; and WHEREAS, a conflict exists between the building setback requirements and the building tower separation requirements which requires correction in the RMF-2; and WHEREAS, the City Commission, acting as the City Local Planning Agency, pursuant to Section 57-2 of the City Code, reviewed and made recommendations regarding the proposed amendments to the City land development regulations. 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 to Section 265-34 of the City Code. Section 265-34 (D) (6) of the City Code is hereby amended to read as follows: § 265-34. D. Site development standards. (6) Building separation on separate parcels abutting Collins Avenue. When there are two towers located on different properties, a minimum separation of 50 feet shall be maintained between pedestals (50 feet of less in height) and a minimum separation of 4-00 50 feet shall be maintained between towers (above 50 feet in height). (a) When there are two or more towers on the same property, the building separation shall be a minimum of 50 feet between towers. (b) The maximum tower width shall be 200 feet. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Ordinance Amending Section 265-34 1 Words underlined are added,words stricken are deleted. 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. Inclusion in the Code. Itis the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made apart 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, as required. Section 6. Effective Date. This Ordinance shall be applied retroactively, and will become effective ten (10) days after adoption at second reading. PASSED and ADOPTED on first reading the (qday of A".",,,,,1 , 2017. PASSED and ADOPTED on second reading th.: Co-tit of E7(1-')."1-12017. '' ' c..' George H. S oll, Mayor (. AI, " .T• — -1%4;0,4 44_, , :Jane . Hines , M C;:City Clerk /, . APPR,OVED, S 3TO FORM • AN I •GG-'L SUFFICIENCY: 001h1 A Mali .�s •ttinot, City Attorney Moved by: V t et 4 D(L 6 OLX)Wt{}-J Second by: Grietlitt SS toN12 VOTE: Mayor Scholl (yes) / (no) Vice Mayor Goldman (yes)/ (no) Commissioner Aelion -Atistrfr (yes (no) Commissioner Gatto (yes) ✓ (no) Commissioner Svechin (yes)I (no) Ordinance Amending.Section 265-34 2 Words underlined are added,words stricken are deleted. 26NE I Yh NEIGHBORS I YFEBRl�s2011 CITY OF SUNNY ISLES•BEACH NOTICE OF.-PUBLIC HEARING NOTICE IS HEREBY GIVEN'thatthe City Commission 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; February 16,2017,at 6:30 p.m:,to consider on final reading the following proposed'Ordinances: ,. ' . - - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES:BEACH,FLORIDA,-AMENDING SECTION- 62-13 OF 111E PROCUREMENT CODE OF 111E CITY OF SUNNY ISLES BEACH,.TO FXFMPT BANQUETS,CATERING,AND- SIMILAR FOOD SERVICES FROM-THE COMPETITIVE BIDDING REQUIREMENTS;PROVIDING-FOR SEVERABILITY;- PROVIDING FOR INCLUSION•IN 1•HE CODE;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;AND:PROVIDING. FOR AN EFFECTIVE DATE, z- • - • Inquiries regarding these items may be directed to the City Clerk at 305-792-1703.A copy of these documents are available for public inspection .- - during normal business hours in City Hall. .Jane A.Hines,MMC,City Clerk 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 Clerk,Cit'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 hearing onthese 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 CityCommission 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 constimteconsent 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. . . 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,February 16;2017,at 6:30 p.m.,to consider on final reading the following proposed Ordinances: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,AMENDING SECTION 265- 34 OF THE CITY CODE TO ELIMINATE A CONFLICT BETWEEN BUILDING SETBACK REQUItEMENTS.AND BUILDING , .TOWER SEPARATION.REQUIREMENTS;=PROVIDING FOR REPEALER;PROVIDING.FOR SEVERABILITY;PROVIDING. FOR INCLUSION IN THE CITY CODE;PROVIDING FOR AN E)'1'ECTIVE LATE. • , • Inquiries regarding these items may directed to the City Clerk at 305-792-1703.A-copyof these documents are available for public inspection during normal business hours in City Hall. . • . • d b Jane A.Hines,MMC,City Clerk; • All persons are invited to appear at this meeting or be representey an agent,or to express their views in writing addressed to the City Commission do the City Clerk,City of Sunny Isles Beach,18070 Collins Avenue,Sunny Isles Beach,Florida,33160.Anyperson wishing to address the City Commission at a public hearing is asked to register with the City.Cleric by completing a public speakers' card prior to the item being heard.The hearing 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'rink 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. _ - (.,,rY /s4Cit of Sunn Isles Beach cityContmission F ,__ F,ryyGeorge"Bud"Scholl, t/ayor '__' 18070 Collins Avenue Suite 250 Dana Goldman,Vice Mayor 3t4N , _ -- 33 Isaac Aelion, Commissioner , I "• n a , Sunny Isles Beach, Florida»160 U ..f 1 �.:_:— - 2 . I.K4- - Jeanette Gatto,Commissioner -' (305)947-0606 CityHall �.�.VLarisa Svechin,Commissioner +k, �c * (305)949-3113 Fax y� 99�`F o'RL�P SFP (305)947-2150 Building Department Christopher J.Russo City Manager r �o (305)947-5107 Fax Hans Ottinot,City Attorney rof SUI P Jane A.Hines,MMC,City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City Attorney lt0 DATE: January 19, 2016 RE: Amending Section 265-34 to Eliminate a Conflict between Building Setback Requirements and Building Tower Separation Requirements RECOMMENDATION: This Ordinance is recommended for approval. REASONS: A conflict exists between the building setback requirements and the building tower separation requirements which require correction in the RMF-2. Specifically, the setback requirements permit less separation between two adjacent towers, whereas the tower separation requirements require greater separation. If the conflict is not resolved, an applicant would be in compliance with the setback requirements but in violation of the tower setback requirements. This Ordinance was requested by the Office of the City Manager and Planning and Zoning Department.