HomeMy WebLinkAboutOrdinance 2025-631ORDINANCE NO.2025 — &3t
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING THE INFRASTRUCTURE AND CAPITAL IMPROVEMENTS
ELEMENTS OF THE ADOPTED CITY OF SUNNY ISLES BEACH COMPREHENSIVE
PLAN TO CLARIFY LEVEL OF SERVICE STANDARDS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND OTHER REVIEW
AGENCIES IDENTIFIED IN F.S. 163.3184(1)(C); PROVIDING FOR REPEALER,
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, F.S. §163.3180 requires that local government comprehensive plans establish
level of service ("LOS") standards for public facilities and services that are subject to concurrency;
and
WHEREAS, the adopted City of Sunny Isles Beach Comprehensive Plan ("Comprehensive
Plan") establishes level of service standards in its Infrastructure and Capital Improvements
Elements; and
WHEREAS, the LOS standards in the Comprehensive Plan are required by law to be
consistent with those of third -party utility providers; and
WHEREAS, certain LOS standards conflict between the Infrastructure and Capital
Improvements Elements of the Comprehensive Plan, or are inconsistent with the LOS standards
of third -party utility providers; and
WHEREAS, the City Commission wishes to correct the conflicts and inconsistencies; and
WHEREAS, on June 17, 2025, the City's Land Planning Agency, held its hearing on this
proposed Ordinance with due public notice and input and recommended adoption of the
Ordinance; and
WHEREAS, on IU&17, 2025, the City Commission held a first reading and public hearing
of this proposed Ordinance with due public notice and input; and
WHEREAS, on W2025, the City Commission held a second reading and public
hearing of this proposed Ordinance with due public notice and input.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AS FOLLOWS':
1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by
double underline, and deletions are shown as strikethrough.
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 of this Ordinance
upon adoption hereof.
Section 2. Amendment to Infrastructure Element. The Infrastructure Element of the
adopted Comprehensive Plan is hereby amended as follows.
Policy 2A. To assure an adequate level of service, potable water and sanitary sewer facilities
shall meet the following level of service standards:
1) Potable Water Supply:
a) The regional treatment system shall epepate with a Fated maximum daily
eapaeity that at provide -124 144 gallons per capita per dav
-ha-sed- ^^ aveFage aRnua' at a pressure of 40 pounds per square inch
pursuant to Infrastructure Element PolicV 1.2.4 of the City of North Miami
Beach Comprehensive Plan.
b)
squaFeh (psi) and n gFeateF Inn psi. Unless otherwise approved by
the Miami -Dade Fire Department, minimum fire flows based on the land use
served shall be maintained as follows pursuant to Miami -Dade County Code
of Ordinances Section 2-103.21. - Required fire flow; consumption:
Section 3. Amendment to Capital Improvements Element. The Capital Improvements Element of
the adopted Comprehensive Plan_is hereby amended as follows.
Policy 2E. The 5 -year schedule of improvements will incorporate the identified capital
improvements for each of the following levels of service for each element defined:
• Potable Water Supply -The regional treatment system shall ^^^F^+^ with ^ Fated
w, .Daily ,.i+.,that at Fnimmu rp ovide 144 gallons per capita per d2y
based A_R aveFage annual flew -at a pressure of 40 pounds per square inch pursuant
to Infrastructure Element Policy 1.2.4 of the CitV of North Miami Beach
Comprehensive Plan. Water quality shall meet federal, State, and County primary
standards for potable water. `N.;#er shalI be ,-„ii.,,,.,,,- +^ useFs at ^ preSsure ^ le
+h^r 29 r nds peF square iReh (p s.a) and n Pate Fthan Inn PS . Unless
otherwise approved by the Miami -Dade Fire Department and based on the land use
served, minimum fire flow shall be maintained as follows pursuant to Miami -Dade
County Code of Ordinances Section 2-103.21. - Required fire flow; consumption:
LAND USE MINIMUM FLOW/MINUTE
Single family residential/estate 500
Single family & Duplex with minimum 7500 sq. ft. lots 750
142
Docusign Envelope ID: 28276071-6EFC-4408-B3C5-229867358826
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 of this Ordinance
upon adoption hereof.
Section 2. Amendment to Infrastructure Element. The Infrastructure Element of the
adopted Comprehensive Plan is hereby amended as follows.
Policy 2A. To assure an adequate level of service, potable water and sanitary sewer facilities
shall meet the following level of service standards:
1) Potable Water Supply:
a) The regional treatment system shall
eapaeity-that provide 4,14 144 gallons per capita per da
h^c^^' ^m ^velaage anRua' {'^ at a pressure of 40 pounds per square inch
pursuant to Infrastructure Element Policy 1.2.4 of the City of North Miami
Beach Comprehensive Plan.
b)
^h (^^" and RG gFeater than 100 ^ . Unless otherwise approved by
the Miami -Dade Fire Department, minimum fire flows based on the land use
served shall be maintained as follows pursuant to Miami -Dade County Code
of Ordinances Section 2-103.21. - Required fire flow: consumption:
Section 3. Amendment to Capital Improvements Element. The Capital Improvements Element of
the adopted Comprehensive Plan is hereby amended as follows.
Policy 2E. The 5 -year schedule of improvements will incorporate the identified capital
improvements for each of the following levels of service for each element defined:
Potable Water Supply -The regional treatment system shall Fate with a Fated
RaAfflum daily ersity that at `n provide 144 gallons per capita per day
"aced- en aveFage annual flew at a pressure of 40 pounds per square inch pursuant
to Infrastructure Element Policy 1.2.4 of the City of North Miami Beach
Comprehensive Plan. Water quality shall meet federal, State, and County primary
standards for potable water. ` ateF shall be a^" veare An- useFs atPlFeSSUFe a no less
than 20 ^ unds pep square inch (.. s c) and n . ater than 100 psi. Unless
otherwise approved by the Miami -Dade Fire Department and based on the land use
served, minimum fire flow shall be maintained as follows pursuant to Miami -Dade
County Code of Ordinances Section 2-103.21. - Required fire flow; consumption:
LAND USE MINIMUM FLOW/MINUTE
Single family residential/estate 500
Single family & Duplex with minimum 7500 sq. ft. lots 750
142
Lets „f75096n f+
Multi -family residential 1,500
Semi-professional offices 1,500
Hospital & Schools 2,000
Business 3,000
Sanitary Sewer - Regional wastewater treatment plants shall operate with a physical
capacity no less than the annual average daily sewage flow. Effluent discharged from
wastewater treatment plants shall meet all federal, State, and County standards. The
system shall collectively maintain the capacity to collect and dispose of the 102
percent of the average daily per capita sewage system demand for the preceding 5
years.
Section 4. 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 5. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed.
Section 6. 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 7. Inclusion in the Comprehensive Plan. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may
be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word, as required.
Section 8. Effective Date. This Ordinance shall take effect 31 days after the State Land Planning
Agency issues its notice of intent to find that the plan amendment is in compliance with the
Community Planning Act, unless timely challenged pursuant to F.S. 163.3184(5), in which case the
Ordinance shall take effect on the date the State Land Planning Agency or the Administrative
Commission enters into a final order determining the adopted amendment to be in compliance.
PASSED AND ADOPTED on first reading this I #Aay of June, 2025.
PASSED AND ADOPTED on second readin 5da
g this day of 2025.
Larisa Svechin, Mayor
143
ATTEST:
Mauricio�
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
r, C C, City Clerk Wain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
First Reading
Motion:O WL-' /6
• • %�ra � u�r�
Second Reading
Motion: ��,t1 fs5r6 %� �SE�'
Second: 6"/SS/uN�ie
Vote on First Reading:
/
Mayor Svechin
✓ (Yes)
(No)
Vice Mayor Lama l„kwrd(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Stuyvesant
✓ (Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
Vote on Second Reading:
/
Mayor Svechin
✓ (Yes)
(No)
Vice Mayor Lama
,/ (Yes)
(No)
Commissioner Joseph
V (Yes)
(No)
Commissioner Stuyvesant
(Yes)
32
(No)
Commissioner Viscarra
(Yes)
(No)
o� 4��NY`S(fSR
n
U F
+FLO
CST+o, suo �N�y
BUSINESS IMPACT ESTIMATE FORM
Posted To Webpage on June 6, 2025
This Business Impact Estimate is given as it relates to the proposed ordinance titled:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING THE INFRASTRUCTURE AND CAPITAL IMPROVEMENTS ELEMENTS
OF THE ADOPTED CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN TO CLARIFY
LEVEL OF SERVICE STANDARDS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND OTHER REVIEW AGENCIES IDENTIFIED IN F.S. 163.3184(I)(C);
PROVIDING FOR REPEALER, PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Part I.
Summary of the proposed ordinance and statement of public purpose:
During the preparation of the companion ordinance that establishes concurrency review
procedures in the Land Development Regulations, outdated level of service standards for potable
water and sanitary sewer were identified in the concurrency provisions of the adopted
Comprehensive Plan. Since North Miami Beach supplies potable water to the City, and since
Miami -Dade County treats the City's sanitary sewage, Sunny Isles Beach is required to adopt the
North Miami Beach level of service standard for potable water and the Miami -Dade level of
service standard for sanitary sewer. Utilities can change their level of service standards from time
to time, which requires amending the Comprehensive Plan to reflect these changes. This
Ordinance updates the Comprehensive Plan accordingly.
Part I1.
Estimate of the direct economic impact of the proposed ordinance on private, for-profit
businesses in the City of Sunny Isles Beach: (fill out subsections a -c as applicable, if not applicable
write "not applicable')
a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed
ordinance is enacted:
None.
b. Identification of any new charges or fee on businesses subject to the proposed ordinance,
or for which businesses will be financially responsible; and
145
O� SVNN Y`S`fSd
V S
A
p�
i ��FLOP\
cc,F oc SUN ANa a
None.
c. An estimate of the City of Sunny Isles Beach's regulatory costs, including an estimate of
revenues from any new charges or fees that will be imposed on businesses to cover such
costs.
None.
Part III.
Good faith estimate of the number of businesses likely to be impacted by the ordinance:
Unknown.
Part IV. Additional Information (if any):
The proposed ordinance is a generally applicable ordinance that applies to all persons and
properties similarly situated (individuals as well as businesses) and, therefore, the proposed
ordinance does not affect only businesses.
146
yk PLO'
yw
r, e�W
rr vF sWA
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 Director
DATE: August 21, 2025
RE: Comprehensive Plan Text Amendments Concurrency -Related
RECOMMENDATION:
Staff recommends adoption of this Ordinance.
REASONS:
During the preparation of the companion ordinance that establishes concurrency review procedures in
the Land Development Regulations, outdated level of service standards for potable water and sanitary
sewer were identified in the concurrency provisions of the adopted Comprehensive Plan. Since North
Miami Beach supplies potable water to the City, and since Miami -Dade County treats the City's sanitary
sewage, Sunny Isles Beach is required to adopt the North Miami Beach level of service standard for
potable water and the Miami -Dade level of service standard for sanitary sewer. Utilities can change their
level of service standards from time to time, which requires amending the Comprehensive Plan to
reflectthese changes. This Ordinance updates the Comprehensive Plan accordingly.
Upon approval of first reading of the ordinance in June, the proposed text amendment was transmitted
to all reviewing agencies charged with reviewing Comprehensive Plan amendments, per Sec.
163.3184(1)(c), Florida Statues, as well as those agencies listed in the Intergovernmental Coordination
Element of the City's Comprehensive Plan. All agencies have reviewed and none provided any
comments or objections. Therefore, the ordinance is suitable for adoption as presented.
ATTACHMENTS:
Item Number: 8.A
191 11
Ordinance
Business Impact Estimate
Item Number: 8.A
140