HomeMy WebLinkAboutOrdinance 2023-597ORDINANCE NO. 2023 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, ADOPTING THE CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN
TEXT -BASED AMENDMENTS CREATING RECREATION -OPEN SPACE AND
CONSERVATION FUTURE LAND USE CATEGORIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR TRANSMITTAL TO
THE STATE LAND PLANNING AGENCY AND OTHER REVIEW AGENCIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.3177(6)(a)1., F.S., requires that all local governments comply with
the following:
Each future land use category must be defined in terms of uses included, and must
include standards to be followed in the control and distribution of population densities
and building and structure intensities. The proposed distribution, location, and extent of
the various categories of land use shall be shown on a land use map or map series which
shall be supplemented by goals, policies, and measurable objectives.
WHEREAS, the City of Sunny Isles Beach ("City") Comprehensive Plan Future Land Use
Element does not include Recreation -Open Space or Conservation future land use category
designations within the Future Land Use Element, although both are included on the Future Land
Use Map (FLUM), and each has its own Element identifying goals, policies, and measurable
objectives; and
WHEREAS, the absence of Recreation -Open Space and Conservation future land use
category designations within the Future Land Use Element has been identified as an inadvertent
omission, and will now be corrected through this text -based amendment; and
WHEREAS, in light of the City's determination that amendments to its Comprehensive
Plan are necessary to comply with the aforementioned state requirements, the City prepared and
transmitted said plan amendments for review in accordance with Chapter 163, Florida Statutes;
and
WHEREAS, the City Commission, sitting as the Local planning Agency, held a duly noticed
public hearing on October 20, 2022, and recommended adoption of this Ordinance.
WHEREAS, the City Commission, after duly noticed hearing on October 20, 2022, adopted
this Ordinance on first reading, and further authorized its transmittal to the appropriate state
agencies.
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.
Page 1 of 3
Section 2. Amendment. The City's adopted comprehensive plan is hereby amended to create
Recreation -Open Space and Conservation future land use category designations within the Future
Land Use Element, as more particularly set forth in Exhibit "A," attached hereto and made a part
hereof.
Section 3. Transmittal. The City Commission hereby directs the City Manager to transmit
the amendment to the State Land Planning Agency pursuant to F.S. 163.3184.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to take all
actions necessary to implement the terms and conditions of this Ordinance.
Section S. Effective Date. This Ordinance, including the comprehensive plan amendment,
shall take effect 31 days after the State Land Planning Agency notifies the City that the plan
amendment package is complete, unless timely challenged pursuant to F.S. 163.3185(5), in which
case the Ordinance shall take effect on the date the State Land Planning Agency or the
Administrative Commission enters a final order determining the adopted amendment to be in
compliance.
PASSED on first reading this &day of October 2022.
PASSED AND ADOPTED on second reading this k"day of February 2023.
ATTEST:
Mauricib 13etanc4l�, CMC, City Clerk
LarisSve r
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Qa_
Valerie Vicente, City Attorney
First Reading Second Reading
Motion: V,_ L L �S Motion:`-�U•��r't-�-
Second: y81SS1)0W1r Second: alSte( Ft ti Z _ PWA&f1__-
1
Page 2 of 3
Vote on First Reading:
/
Mayor Goldman
(Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
V//(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Vote on Second Reading:
'/
/(Yes)
Mayor Svechin
(No)
Vice Mayor Joseph
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
Page 3 of 3
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PROPOSED COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT TEXT AMENDMENT
The City of Sunny Isles Beach has analyzed and prepared text -based Comprehensive Plan
amendments to be in conformance with State Statutes as follows (amendments are highlighted in
underline and strik gh):
Future Land Use Element
Objective 14
Policies
14B. The Future Land Use Map shall identify all non-residential land as one of the
following non-residential or mixed use categories with the following characteristics
and limitations as set forth in Policy 15C:
Community Facilities
The Community Facilities District indicates the location of: federal, State and local
government facilities; public health facilities; recreational, cultural, religious, and/or
educational uses; transportation facilities; public facilities and utilities; residential
care facilities, and; similar uses that generally serve and benefit the community.
Up to 25 dwelling units per acre are permitted for residential care facilities. The
maximum FAR for non-residential uses is 2.0.
Recreation -Open Space
The areas that are designated Recreation -Open Space on the Future Land Use
map reflect areas for public non-commercial recreational uses, including passive
and active parks, playgrounds, and ancillary and secondary uses that support such
activities. Park related buildings such as recreation, civic, passive recreation
facilities, or cultural buildings which are ancillary to the primary recreational use
shall be permitted and with a Floor Area Ratio for non-residential uses is limited to
2.0.
Conservation
The Conservation District is intended to protect and conserve environmentally
sensitive lands that are to be preserved and remain in an essentially natural state.
Only those activities and uses that reinforce this character and are compatible with
the continuing conservation of the natural resources located within this district are
permitted. These uses include educational and passive recreational uses. These
lands may be public or private lands protected for conservation or passive
recreational purposes only.
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Amy Canales, Planning and Zoning Directol
DATE: February 16, 2023
RE: Comprehensive Plan Text Amendment to Policy 14B to Create Recreation -
Open Space and Conservation Future Land Use Categories
RECOMMENDATION:
Staff recommends adoption of this Ordinance.
REASONS:
The City has analyzed and prepared text based amendments to the Future Land Use Element of the
Comprehensive Plan. The proposed amendment is to create Recreation -Open Space and Conservatior
Future Land Use Designations.
The City of Sunny Isles Beach Comprehensive Plan was originally adopted on October 5, 200C
pursuant Ordinance No. 2000-105. Besides being a State of Florida requirement under the Loca
Government Comprehensive Planning and Land Development Regulation Act of 1985, this documen
was the result of numerous activities such as, planning studies, town hall meetings, public hearings
and the like which included the vision of the community and the strategies on how to achieve that
vision.
Section 163.3177(6)(a)1., F.S., requires that all local governments comply with the following: 1.Each
future land use category must be defined in terms of uses included, and must include standards to be
followed in the control and distribution of population densities and building and structure intensities.
The proposed distribution, location, and extent of the various categories of land use shall be shown on
Item Number: 9.A
a land use map or map series which shall be supplemented by goals, policies, and measurable
objectives.
The City of Sunny Isles Beach Comprehensive Plan Future Land Use Element does not include
Recreation -Open Space and Conservation future land use category designations within the Future
Land Use Element, although both are included on the Future Land Use Map (FLUM), and each has it
own Element identifying goals, policies, and measurable objectives. This has been identified as an
inadvertent omission upon establishment of the Comprehensive Plan and will now be corrected
through this text -based amendment.
ATTACHMENTS:
Ordinance
Exhibit A.pdf
Item Number: 9.A