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Ordinance 2025-632
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Ordinance 2025-632
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Last modified
9/10/2025 9:16:47 AM
Creation date
9/4/2025 4:09:35 PM
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CityClerk-Ordinances
Ordinance Number
2025-632
Date (mm/dd/yyyy)
08/21/2025
Description
Amending Land Development Regulations, Sect. 265-11 Procedures of General Applicability, and providing for a new Article VI, Adequacy of Facilities.
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(b) The total design capacity of any new facilities that will become available <br />concurrent with the impact of the development. <br />(2) Subtracting from that number the sum of: <br />(a) The design demand for the service created by existing and approved but <br />uncompleted development; and <br />(b) The new design demand for the service (by phase or otherwise) that will be <br />created concurrent with the impacts of the proposed development <br />(3) The capacity of new facilities may be counted only if in compliance with Sec. 265- <br />24.6. <br />C. The burden of demonstrating compliance with these levels of service requirements <br />shall be upon the applicant. In order to be approvable, applications for development <br />approval shall provide sufficient and verifiable information showing compliance with <br />these standards. <br />D. The proposed development shall be presumed to have the maximum impact on <br />facilities and services that would be allowed under the land development <br />regulations for the property unless the development order is conditioned on land <br />uses and intensities with a lesser impact. <br />Sec. 265-24.6. - Timing of Facility Capacity. <br />A. Concurrency shall be satisfied only if all services and facilities subject to concurrency <br />in this article can accommodate the demand generated by a proposed development <br />at the adopted LOS standards at the time of the concurrency determination, or as <br />provided in the policies under Objective 5 of the Capital Improvements Element and <br />F.S. § 163.3180. <br />Sec. 265-24.7. - Concurrency monitoring system. <br />A. The Planning and Zoning Director shall be responsible for monitoring development <br />activity to ensure the development is consistent with the Comprehensive Plan. <br />Sec. 265-24.8. - Concurrency rights reservation and effective period. <br />A development application shall be vested for concurrency for the duration of a valid <br />development permit unless otherwise provided in an enforceable development <br />agreement or by the policies and regulations of an outside utility provider. Potable water <br />and sanitary sewer concurrency shall be deemed met upon issuance of a letter from the <br />applicable utility reserving capacity and committing to provide service. For all other <br />facilities and services subiect to concurrency, a development application shall be deemed <br />to have met concurrency from the date of site plan approval. <br />Section 4. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the <br />same, are hereby repealed. <br />Section 5. Severability. If any section, subsection, clause or provision of this Ordinance is <br />declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not <br />be affected by such invalidity. <br />Section 6. Inclusion in the Code. It is the intention of the City Commission, and it is hereby <br />ordained that the provisions of this Ordinance shall become and made a part of the Code of <br />Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be <br />155 <br />
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