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ORDINANCE NO: 2017- 41 G AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-37 OF THE CITY CODE TO CLARIFY THE MAXIMUM HEIGHT OF PROPERTIES WITHIN THE TOWN CENTER ZONING DISTRICT; 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 promote the public health, safety and welfare of the residents of the City of Sunny Isles Beach in providing for the use of density bonuses for workforce housing; and WHEREAS,the City Commission, acting as the Local Planning Agency, pursuant to Section 57-2 of the City Code, reviews, and made recommendations regarding the proposed amendment to the City Land Development Regulations; and WHEREAS,the City Commission wishes to amend Section 265-37 of the City Code to clarify the maximum height of properties within the Town Center District. 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 265-37 of the City Code. Section 265-37 F (9) of the City Code is hereby amended to read as follows: § 265-37. F (9). Maximum height: (a) The maximum height shall be based on street type as follows: [1] Sunny Isles Beach Boulevard South Edge: 190 feet. Maximum height may be increased by ten feet, provided that the width of the building is decreased by two feet for every one foot of additional height up to a maximum height of 200 feet. Building heights may be transferred among two or more buildings approved under a single unified site plan to allow height up to a maximum of 290 feet, provided that the average building height of all buildings does not exceed 200 feet, that the height of any building adjacent to Collins Avenue shall not exceed 140 feet, that allowable floor area ratio and density under this section is not exceeded, and that the Coinmission finds that the resulting site plan is aesthetically compatible with properties within the Town Center Zoning District. The buildings may be approved in phases. Ordinance Amending Section 265-37 Words underlined are added,words stricken are deleted.