HomeMy WebLinkAboutOrdinance 2019-550 ORDINANCE NO. 2019- 5.40
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING THE CITY OF SUNNY
ISLES BEACH COMPREHENSIVE PLAN FUTURE LAND USE MAP
AMENDMENTS RELATED TO THE TOWN CENTER DISTRICT;
CREATING A TOWN CENTER SOUTH DISTRICT AND A TOWN
CENTER NORTH DISTRICT; PROVIDING FOR LAND USE
DESIGNATION AMENDMENTS FOR PROPERTIES LOCATED IN THE
TOWN CENTER SOUTH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR TRANSMITTAL TO
THE DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in 2000, the City adopted its Comprehensive Plan in accordance with the
provisions of the State of Florida Growth Policy Act as they existed at that time; and
WHEREAS, included in the original comprehensive plan, was the Town Center as a land
use overlay category, and in 2004, the City created the Town Center zoning district, which was
intended to establish a true community center to focus the shared social and economic life of the
City; and
WHEREAS, under the Comprehensive Plan, the Town Center's purpose is to combine a
mix of uses, both business and retail services, with office employment space and housing, in a
vertically integrated mix; and
WHEREAS, over the past fifteen years, the subject properties have been developed
within the proposed Town Center South District as follows: the City's Gateway Park and
Gateway Park Parking Garage, the City's Bella Vista Park, the Miami-Dade Water and Sewer
Facility, the St. Tropez Towers I, II, II, the Parque Towers, the 400 Sunny Isles Marina, and the
One Netanya, and the two properties currently under construction, the St. Tropez Office Building
and the Chabad Lubavitch of Sunny Isles Beach ; and
WHEREAS, the City's consultant, Calvin Giordano & Associates, has prepared a
Memorandum which addresses the proposed land use designation amendments for those
properties; and
WHEREAS, on September 18, 2019, the City adopted Ordinance 2019-541, adopting a
temporary moratorium on any application for zoning or rezoning within the Town Center in
order to allow time for the City to research, analyze, and consider the adoption of potential
amendments to the City's Comprehensive Plan and/or Land Development Regulations to address
issues relating to future development within the Town Center to analyze, review, consider,
modify, process for adoption, and implement potential changes to its Comprehensive Plan and/or
its Land Development Regulations pertaining to the densities and intensities in the Town Center
and their impact on, among other things, infrastructure, emergency and public service vehicular
traffic, public safety, aesthetics, public welfare and public facilities; and
WHEREAS, the City desires to amend its Comprehensive Plan to comply with the
requirements of Sections 163.3177 and 163.3184, Florida Statutes, to provide for land use
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designation amendments for those properties located in the Town Center South District to be
consistent with the actual usage of those properties; and
WHEREAS, the City intends to continue to analyze, review, and consider potential
changes to its Comprehensive Plan and/or Land Development Regulations pertaining to the
densities and intensities in the Town Center North and their impact on, among other things,
infrastructure, emergency and public service vehicular traffic, public safety, aesthetics, public
welfare and public facilities prior to proposing density and intensity within the Town Center
North planned development district; and
WHEREAS, the City intends to change the land use designation of Bella Vista Park
from Mixed-Use Business to Recreation and Open Space; and
WHEREAS, the City intends to change the land use designation of the Miami-Dade
Water and Sewer Facility from Mixed-Use Business to Community Facility; and
WHEREAS, the City intends to change the land use designation of the Gateway Park
Parking Garage from Recreation and Open Space to Community Facilities; and
WHEREAS, the City intends to change the land use designation of Gateway Park from
Mixed-Use Business to Recreation and Open Space; and
WHEREAS, the Sunny Isles Beach Commission has considered the need and
justification of amendments, including changing and changed conditions that make the passage
of the amendment necessary; and
WHEREAS, the Sunny Isles Beach Commission, after careful consideration of this
matter, deems it in the best interests of the general welfare of the City and its inhabitants to
approve the amendments to the Future Land Use Map as hereinafter set forth.
WHEREAS, the City's Local Planning Agency has recommended adoption of these land
use designation amendments as reflected in the Future Land Use Map.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing facts and recitations contained in the preamble to this
Ordinance are hereby adopted and incorporated by referenced as if fully set forth herein.
Section 2. Amendments to the Future Land Use Map: The City of Sunny Isles Beach Future
Land Use Map is hereby amended as follows:
A. Parcel A (Bella Vista). The land use designation in the Future Land Use Map
of the property located at 500 Sunny Isles Beach Blvd, consisted of 0.87 acres, as
more particularly set forth and legally described in Exhibit "A" and graphically
depicted in composite Exhibit "B", attached hereto and made a part thereof, is
changed from Mixed-Use Business to Recreation and Open Space.
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B. Parcel B (Miami-Dade County Water and Sewer Facility). The land use
designation in the Future Land Use Map of the property located at 350 Sunny
Isles Beach Blvd, consisted of 1.22 acres, as more particularly set forth and
legally described in Exhibit "A" and graphically depicted in composite Exhibit
"B", attached hereto and made a part thereof, is changed from Mixed-Use
Business to Community Facility.
C. Parcel C (Gateway Park Parking Garage). The land use designation in the
Future Land Use Map of the property located at 252 Sunny Isles Beach Blvd,
consisted of 1.92 acres, as more particularly set forth and legally described in
Exhibit "A" and graphically depicted in composite Exhibit "B", attached hereto
and made a part thereof, is changed from Recreation and Open Space to
Community Facility.
D. Parcel D (Gateway Park). The land use designation in the Future Land Use
Map of the property located at 151 Sunny Isles Beach Blvd, consisted of 1.74
acres, as more particularly set forth and legally described in Exhibit "A" and
graphically depicted in composite Exhibit "B", attached hereto and made a part
thereof, is changed from Mixed-Use Business to Recreation and Open Space.
E. TOWN CENTER SOUTH DISTRICT.
The area lying south of the centerline of westbound Sunny Isles Beach Boulevard
(SR826), north of the Canal/Waterway located south of Sunny Isles Beach
Boulevard, west of the centerline of Collins Ave. (AIA) and east of the
Intracoastal Waterway. The proposed designation is from Town Center to Town
Center South Overlay.
F. TOWN CENTER NORTH DISTRICT.
The area lying north of the centerline of westbound Sunny Isles Beach Boulevard
(encompassing the remainder of the existing Town Center area), west of the
centerline of Collins Ave. (A 1 A) and east of the Intracoastal waterway. Current
underlying land uses within the district are to remain unchanged. The proposed
designation is from Town Center to Town Center North Overlay.
Section 3. 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 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in
conflict herewith be, and the same, are hereby repealed.
Section 5. Transmittal. The City Manager or designee is hereby directed to transmit the City
of Sunny Isles Beach Future Land Use Map Amendments to the State Department of Economic
Opportunity, pursuant to Chapter 163, Florida Statutes.
Section 6. Effective Date. This Ordinance including the future land use map amendment
• - ' - - • - - ' -- •-- • •- - - - .- shall become effective, if
the amendment is not timely challenged, thirty-one (31) days after the state land planning agency
notifies the local government that the plan amendment package is complete. If the amendment is
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timely challenged, this amendment shall become effective on the date the state land planning
agency or the Administration Commission enters a final order determining this adopted
amendment to be in compliance.
PASSED on First Reading the day of October 2019.
PASSED and ADOPTED on Second Reading this )'qday of ►.ece •er 2019.
•. George H. choll, Mayor
ATTES
of.,A r
Mauricid :etartic ' CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Edward A. Dion, City Attorney
First Reading Second Reading
Motion: VILE (f es SV e
U I(4 Motion: \11C, OHO 'VEC14''^1
Second: C SStoa6(2- V 156104 Second: COMA c 014v(s tif4A-
Vote on First Reading:
Mayor Scholl �—(Yes) (No)
Vice Mayor Svechin (Yes) (No)
Commissioner Goldman (Yes)/(No)
Commissioner Lama ✓ (Yes) (No)
Commissioner Viscarra (Yes) (No)
Vote on Second Reading:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Svechin (Yes) (No)
Commissioner Goldman (Yes) ✓ (No)
Commissioner Lama —7— (Yes) (No)
Commissioner Viscarra d (Yes) (No)
Underline denotes revisions during first reading—Bold Underline denotes revisions during second reading.
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