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HomeMy WebLinkAboutOrdinance 2013-397 ORDINANCE NO. 2013- 39'7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-18 OF THE CITY CODE ENTITLED "ADMINISTRATIVE SITE PLAN REVIEW" TO REQUIRE APPROVAL OF THE CITY COMMISSION FOR ANY PROPOSED HEIGHT MODIFICATIONS TO A PREVIOUSLY APPROVED SITE PLAN APPLICATION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 265-18 of the Code of Ordinances of the City of Sunny Isles Beach ("City") establishes administrative site plan review guidelines; and WHEREAS, the City desires to amend Section 265-18(I) to clarify that any proposed height modifications, whether a height increase or decrease, to a previously approved site plan application requires approval of the City Commission. 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 265-18(I) of the City Code is amended to read as follows: *** I. Site plan revisions. Where a proposed revision of an approved site plan affects the overall design and layout or where the proposal will require review under this section,the fee for processing the revision shall be the same as the initial submittal. All other revisions shall require a minor modification-processing fee as established by the City Commission. (1) Major modification. Any change to an approved site plan that does not meet the criteria for review as a minor modification shall be deemed a major modification. All major modifications shall be processed in the same manner as an original site plan. (2) Minor modification. The City Manager shall administratively approve "minor" changes and deviations from an approved site plan which are in compliance with the provisions and intent of this chapter and which do not depart from the principal concept of the approved plan. An amendment shall be considered a minor modification if in compliance with each of the following limitations: Words added underlined,words stricken deleted(ed) Page I of 3 (a) The modification does not change lot coverage, setbacks, height increase or decrease, as well as density or intensity calculations set forth in a previously approved site plan; *** (3) Upon considering whether a modification has met the criteria to be deemed a minor modification, the City Manager or his/her designee, shall render a decision as to whether the modification shall be reviewed. The City Manager or his/her designee may -. . - - - . . . . ' : require the City Commission to review e€any modification whether-miner-0f major deemed a minor modification. *** 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. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED and ADOPTED on first reading the 204 day of .c.&wvb+sr)u 2012. PASSED and ADOPTED on second reading the 1144` day of _J u MW 2013. 41 A.ad N,rman S. Edelcup, Mayor ATTEST: Qn.t Jane A. Hines, CMC, City Clerk Words added underlined,words stricken deleted(ed) Page 2 of 3 APPROVED AS TO FORM AND L " • SUFFICIENCY: IA =7 i ttinot, City Attorney Moved by: j_t_cilOdujy_Aa_LL31•0 Seconded by: NrAp,rvt,S&L wee. G cr-m Vote: 5-D Mayor Edelcup ►v (Yes) (No) Vice Mayor Aelion v (Yes) (No) Commissioner Gatto V(Yes) (No) Commissioner Scholl ' (Yes) (No) Commissioner Levin V(Yes) (No) Words added underlined,words strieken deleted(ed) Page 3 of 3 28NE I SUNDAY,JANUARY 6,2013 NE MiamiHerald.com I THE MIAMI HERALD NEIGHBORS CALENDAR •CALENDAR,FROM 27NE unique animals.. 305-613-2325. 3485 Main Highway for a special goals with other women business baked goods,french pastry,vegeta- 10 a.m.Jan.9.Miami Seaquarium, www.artsatstjohns.com. guided tour.Meet at the park en- owners for an interactive and fun ble&herb plants,orchids,and 4400 Rickenbacker Causeway,Key New Year's Downtown Wage:Cele- trance at 11 AM.Includes park admis- dinner meeting.. tropical fruit smoothies. After severely burning himself in a Biscayne.Fee may vary. brate the New Year with Dr.Paul sion and tour.Step onto the pathway 5:30 p.m.Jan.9.John Martin's 9 a.m.Jan.12.Palk 1001 S.Miami dug incident,a comedian has a near 305-361-5705 ext 207. George on a unique tour throughout leading toward the main house at Irish Pub,235 Miracle Mile,Coral Ave.,Brickell.Free.305-531-0038. death experience in which he re- miamiseaquarium.com/. downtown Miami.Stand at the The Barnacle Historic State Park,and Gables.$35 NAW80 Miami 80WIT Lincoln Road Green Market Year views his life.. Miami Sea iarium's Season of confluence of the Miami River and soon the noise of the city fades members,$45 Guests.786-519-4860. round Sunday Market featuring 6 p.m.Jan.8.The Miami Tower, Smiles:Taking advantage of this Biscayne Bay.Hear tales from away.. www.nawbomiami.org. locally grown organ*fruits and 100 SE Second St.,Downtown Miami. promotion is simple-when visiting Miami's early history to modem 11 am Jan.13.The Barnacle Zumba Fitness with Fabi-FLAM: vegetables,local honey,Artisan free.305-684-4564. the park from Saturday.December times.. Historic State Park,3485 Main Hwy., Zumba Monday-Tuesday-Wednesday baked goods,teas and spices,plants, Miami Seaquarun Boy Scouts 22 through Sunday,January 6,2013, 12 p.m.Jan.6.HistoryMiami,101 W. Coconut Grove.$5 ages 13 and up; at 7pm-$5 Get fit the fun,simple orchids,cut flowers and tropical fruit "Trainer for a Day":Ever wonder each family will receive a scratch off Flagler St.,Downtown Miami.Histo- $3 ages 6-12;under 6 free. and effective way!Zumba dance smoothies.. what it's like to work with Flipper or coupon with hidden prize giveaways ryMiami members:$20;Non-mem- coralgablesmuseum.org/. fitness class zumbawithfabi.com. 9 a.m.Jan.6.Apple Store I Lincoln Salty the Sea Lion as a marine and priceless experiences.. bens:$30.305-375-1621. Trivia Tuesdays:Includes prizes. 7 p.m.Jan.8.Cutler Ridge Park Road.738 Lincoln Rd..Miami Beach. maternal trainer?Spend the day 9:30 a.m Jan.6.Miami Seaquari- Project LEAP:Project LEAP(Living Meets second,fourth and occa- and Pool,10100 SW 200th St.,Cutler Free.305-531-0038. learning about magnificent marine um 4400 Rickenbacker Causeway, Equality through Arts and Perfor- sionally on fifth Tuesdays of each Bay.$5.386-25-ZUMBA. themarketconpany.org. mammals.Get up close and personal Key Biscayne.www.miamise mance)-will offer FREE dance and month.. www.zumbawithfabi.com Miami Springs Farmers Market to discard what it takes to be a aquarium.com creative communication classes fa 6 8 p.m.Jan.8.Elwoods Gastro Pub, Features fresh produce,baked trainer for day.. NATURE ART EXHIBIT,featuring the months every Saturday(3-6 pm)to 188 NE Third Ave.,Downtown Miami. DANCE goods,vegan fads,plants and 9 am Jan.12.Miami Seaquarium, Artist Cdony:The show's focus is GLBTO youth and friends 14-18 yrs Free.305-358-5222. It's Fun!It's Fitness!It's ZUMBABB: flowers and artisan food vendors. 4400 Rickenbadder Causeway,Key "Nature"as a subject-animals, old.. Women Business Owners-January Thursday Evenings with Barbi Triana Kids and pet-friendly.. Biscayne.$50.305-361-5705 ext 207. trees,and scenes of gardens.Some 3 p.m.Jan.12.Miami Dance Dinner Meeting and Workshop, 6:30PM 8 a.m.Jan.12.All Angels Episcopal miamiseaquxxartcom/. of the art is whimsical and fun,and Studio,222 NE 25th St.,Edgewater. NAWBO Miami:NAWBO Miami- $5 per person Church.1801 Ludlam Dr.,. Miami Saaqua iun Mommy and Me: other pieces are beautiful interpreta- FREE.305-572-1119. National Association of Women Beginners are welcomed and Miami Wither Nationals 2013:Race During this program mothers and tions of"Nature.. The Barnacle Hammock and House Business Owners presents its month- encouraged. South Florida presents this event for their children between the ages 2-5 5:30 p.m.Jan.11.Miami Beach Tour in conjunction with the Coral ly dinner workshop,January 9th at Be ready to move your body and teens and up with human-powered will have the opportunity to learn Botanical Garden,2000 Convention Gables Museum's ECO-ATLAS John Martin's entitled GOAL is NOT a sweat! paddle sports racing,Miami style. and interrelate with different and Center Dr.,Miami Beach.Free. exhibit:Meet at the entrance at 4-Letter Word!Create your business Temple Emanu-EI Open to all kayaks,sufskis,out- 1701 Washington Avenue,Miami rigger canoes(OC'h/6),dragon Beach 33139 boasts,surf boats,SUPS,paddle- , info@tesobe.. boards,small sailboats and all other :, CITY OF SUNNY ISLES BEACH �� CITY OF SUNNY ISLES BEACH 6:30 p.m.Jan.10.Temple Emanu- human-powered paddle crafts.. L!r El,701 Washington Ave.,Miami 8 a.m.Jan.IL Miami Rowing NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Beach.$5 per pperson.305-538-2503. Center,3601 Rkkenbacker Causeway, wwwtesobe.org. Key Biscayne.$20-$130,depending NOTICE IS HEREBY GIVEN that the City Commission NOTICE IS HEREBY GIVEN that the City Commission, Re-Vision'ProjectLlM6's Gabriel on trim-3816 and position in race. of the City of Sunny Isles Beach, Florida, will hold a also sitting as the Local Planning Agency, of the Forestieri and Marla Phelan long 786-307-3816.www-races8.cam dY Y 9 9 their brand of site-specific dance to Normandy Village Makdplan:Year public hearing in the Sunny Isles Beach Government City of Sunny Isles Beach, Florida, will hold a public Miami Beach. round Saturday Market at the Rue Center, David R Samson Commission Chambers, ' hearing in the Sunny Isles Beach Government Center, Re-Vision is a chance encounter Vendome Fountain featuring locally 18070 Collins Avenue, Sunny Isles Beach, Florida, on David P. Samson Commission Chambers, 18070 I between a Man and a Woman that grown organ*fruits and vegetables, Thursday,January 17,2013,at 6:30 p.m.,to consider Collins Avenue, Sunny Isles Beach, Florida, on so completely out into the environment the went local honey,sh fish,baked, la goods,em,cut it spreads out into the environment dos,fresh fish,plants,orchids,cut final adoption of the following proposed Ordinance: Thursday,January 17,2013,at 6:30 p.m.,to consider that surrounds them.. flowers,tropical fruit smoothies, final adoption of the following proposed Ordinance: ' 8 p.m.Jan.10.Re-Vision,ocean crafts and jewelry.. AN ORDINANCE OF THE CITY COMMISSION OF Drive,Miami Beach.$15 donation. 9 ant Jan.12.Normandy Village THE CITY OF SUNNY ISLES BEACH,FLORIDA, AN ORDINANCE OF THE CITY COMMISSION OF www.projectLlMB.net. Marketplace,900 71st 51,Miami THE CITY OF SUNNY ISLES BEACH, each.Free.305-531-0038. FLORIDA,, FAIRS&FESTIVALS AMENDING SECTION 7418 OF THE CITY CODE AMENDING SECTION 265-18 OF THE CITY Bdckell/Flatiron Park Farmers North�V!II Marketplace:This ENTITLED "COMMITTEES"; PROVIDING FOR CODE ENTITLED"ADMINISTRATIVE SITE PLAN Market:This year round market every Friday Market features focally REPEALER; PROVIDING FOR SEVERABILITY; REVIEW"TO REQUIRE APPROVAL OF THE CITY features locally grown organic fruits grown organic fruits and vegetables, PROVIDING FOR INCLUSION IN THE CODE; COMMISSION FOR ANY PROPOSED HEIGHT 1 and vegetables,local honey,artisan PROVIDING FOR AN EFFECTIVE DATE. MODIFICATIONS TO A PREVIOUSLY APPROVED I •TURN TO CALENDAR,29NE Inquiries regarding this item may be directed to the Iii SITE PLAN APPLICATION; PROVIDING FOR A ries City ids at 305-792-1703.A copy of this document is REPEALER; PROVIDING FOR SEVERABIUTY; available for public inspection during normal business PROVIDING FOR EFFECTIVE IN THE CODE; T H Y p O i D DISORDERS') hours in City Hall. PROVIDING FOR AN EFFECTIVE DATE. fl 1 fl Jane A.Hines,CMC,City Clerk Inquiries regarding this item may be directed to the Do you suffer from weight gain and fatigue? All persons are invited to appear at this meeting or be represented by City Clerk at 305-792-1703.A copy of this document is Not getting any better? an agent,or to express their views in writing addressed to the City i available for public inspection during normal business Commission do the City Clerk.City of Swirly Isles Beach,18070 Collins Avenue,Surety Isles Beach,Florida,33160.Any ours in City Hall. TI * ypetoavatai with Jane A.Hines,CMC,City Clerk Tdf ` a.w;'• the City Commission at a public hearing is asked to register with the City ���y' Clerk by completing a public speakers'card prior to the item being heard. at persons are loused to appear r this meeting or be represented by an ecay or to .haft wxsilf ' The hearing on these matters may be continued at this meeting and under City of Sunny their yews a writing addresses Avenge,the,S Cly NMI Be ch he Guy Clete 160. ','N ,' " Cory of poison nnY ides Beech,address the Collins Avenue,Sony ales Beach.ingrlda.3ed t sl y ....*`� such circumstances,additional legal notice would not be provided.If a MY person wieMng to address thB Cay CammWbn at a public hearing le asked to �i � ,T^ ..,......,‘,.X,..�,„��, person decides to appeal any decision made by the City Commission register with the City Clerk by completing a pudic speakers'card pdor to the item ' with respect to any matter considered at such meeting,they will need being N.M. The heating On those matters may be continued at this...Ong and LEARN MORE AT OUR FREE L'JEDNESDA Y INTERNET 'EBINAR a record of the proceedings and for such purpose,may need to ensure under such drnanatancee,additional legal notice would rat be provided.it a person - that a verbatim record of the proceedings is made,which record includes mane, to eppea any decision made by the City Crecord n with respect to arty. - 7 't "'' manor t purpose i etch mealkg,tart urn need a record of the the yrs drg era, - -.,,, ti ,.. ?;x the testimony and evidence upon which the appeal is to be based. for soar purpose,may need to enant that a verbatim record of the proceedings a , lea r - � - j This notice does not constitute consent by the City for introduction or made,which record includes the testimony and evidence upon which the appeal 0 1 y .t admission of otherwise inadmissible or irrelevant evidence,no does it to be based.TNs rat*»does not constitute consent by me City for introduction ' sa ha!ze challenges or appeals not otherwise allowed by law. or dmWbn of otherwise Inadmissble or breievant eNdence,nor does it authorize :�'� =*4''1` ' ' challenges or appeals not otherwise Mowed by law. ,,,. ap■r;. zk z In accordance with the Americans with Disabilities Act,all persons who I t are disabled and who need special accommodations to participate in tins In accordance with the Americans web s Disabilities Act,sit persons who are disables I`c.no meeting l because of that disability should contact the City Manager at "'a'"who need op..a000mmodCWce to perikipme k,his o6.no l becsue of Too coca Eat em re oh a 9M01r„Emma toe mu INS a et to'mis To mA meetin 7-0606.no later than 48 befall that disabnty should contact the City Manager at 305-947-0606.no later than 48 coca meld aft BE Rams ie mat am sit FOR am odd SE u E mom= I,OR prior to the proceedings:if hearing riot..mot to the proceedings;a hearing impaired,please telephone the TTY line NEAMEMTNQ bpsylkekD m A RENT grim emti taftet lama n pop m RESm= L'mpaired,please telephone the TTY line at 305-792-1590 for assistance. ' at 305-792-1590 for assistance. TO THE FOR THE yrec WOWED rya REMO FEE SERVICE,MAMMON,C 016411Bm Page:NabesNE_15, _`" Pub.date:Sunday, January 6 Last user:cci Cdifinn•fed Confirm Te mn flsdnWC I sef nhsnno sf• 71.712•AA lanusnt 1 Preview Page 1 of I o., ""Y's,f,,� City of Sunny Isles Beach 18070 Collins Avenue U I= Sunny Isles Beach,Florida 33160 ` F * yP '• ro o 51* (305)947-0606 City Hall fift}Ds sot+ F¢° (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 1/17/2013 RE: Ordinance amending Section 265-18 of the City Code RECOMMENDATION: It is recommended that the City of Sunny Isles Beach (the "City") adopt the proposed Ordinance amending Section 265-18 of the City Code. REASONS: Section 265-18 of the Code of Ordinances of the City of Sunny Isles Beach ("City") establishes rules of procedure for administrative site plan review. The City desires to amend Section 265-18(I) to clarify that any proposed height modification, whether a height increase or decrease, to a previously approved site plan application requires approval of the City Commission. The City Manager has authority to administratively approve "minor" changes and deviations from an approved site plan. However, the proposed amendment clarifies that a modification that either increases or decreases height is not considered a "minor" modification, and therefore cannot be approved administratively. ATTACHMENTS: • LPA Resolution Ordinance • Notice of Hearing http://sibagenda.sibfl.net/Agenda/Preview.aspx?ItemID=960&MeetingID=O&MeetingDate... 1/11/2013