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HomeMy WebLinkAboutOrdinance 2025-632ORDINANCE NO. 2025 — & 3 2 - AN AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, SECTION 265-11 — "PROCEDURES OF GENERAL APPLICABILITY," AND PROVIDING FOR A NEW ARTICLE VI — "ADEQUACY OF FACILITIES; CONCURRENCY," TO ESTABLISH CONCURRENCY PROCEDURES AND REQUIREMENTS; PROVIDING FOR REPEALER, PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, F.S. §163.3202 requires that local government land development regulations contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan; and WHEREAS, local government comprehensive plans are required to establish level of service standards for public facilities as required by F.S. 163.3180, against which the impacts of development applications will be reviewed to ensure that adequate capacities exist ("concurrency determinations"); and WHEREAS, F.S. §163.3202 requires that local government land development regulations provide procedures and requirements for ensuring development orders or permits are not issued that result in a reduction in the adopted level of services standards in the local government comprehensive plan; and WHEREAS, the City of Sunny Isles Beach Comprehensive Plan ("Comprehensive Plan") establishes level of service standards for potable water, sanitary sewer, drainage, solid waste, transportation, schools, and parks; and WHEREAS, the City of Sunny Isles Beach Land Development Regulations do not provide procedures and requirements for making concurrency determinations using the level of service standards adopted in the Comprehensive Plan; and WHEREAS, the City Commission hereby finds and declares that the adoption of this Ordinance to provide concurrency procedures and requirements is in the best interest of the City; 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 June 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 , 2025, the City Commission held a second reading and public hearing of this proposed Ordinance with due public notice and input. 52 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 of this Ordinance upon adoption hereof. Section 2. Amendment to Sec. 265-11. Section 265-11. — "Procedures of general applicability," is hereby amended as follows: Section 265-11. — Procedures of general applicability. Q. Adequacy of facilities required. No development order shall be issued unless the facilities necessary to maintain the level of service standards adopted in the comprehensive plan for potable water, sanitary sewer, drainage, solid waste, parks and open space, public schools, and transportation exist or are planned to exist when necessary to serve the development, or as otherwise provided in Article VI - Adequacy of Facilities; Concurrency. Section 3. New Article VI. Article VI - Adequacy of Facilities; Concurrency is hereby created as follows: ARTICLE VI - (Rese;ved) Adequacy of Facilities; Concurrency. Sec. 265-24.1. - Purpose. F.S. Chapter 163.3180 requires that there be sufficient sanitary sewer, solid waste, drainage, and potable water facilities to serve development concurrent with the impacts of such development. The city also applies concurrency requirements to roads, parks, and schools. This article provides the procedures and requirements for determining the adequacy of public facilities to serve proposed development ("concurrency determinations"). Sec. 265-24.2. - Applicability. A. The following development applications are subject to a concurrency determination: 1. Applications for site plan approval. 2. Building permit applications for a change in occupancy classification under the building code. B. The following development applications are specifically exempt from concurrency determination: 1. Construction of one single-family home or duplex on a lot of record, provided that the construction must result in a total impact of less than one student to be exempt from public school concurrency. 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. 150 2. Development of a government facility that the City Commission finds is essential to the health or safety of city residents. C. In the event that an application for rezoning or plat precedes site plan approval, a determination shall be made at the time of such application. D. A building permit shall not be issued until concurrency has been satisfied in accordance with this article. Concurrency for facilities and services not provided by the City shall be deemed satisfied upon the City's receipt of a written capacity reservation and service commitment or its functional equivalent from the applicable service provider. Where the service provider requires mitigation of a development's impact in order to satisfV concurrency, concurrency shall be deemed satisfied upon the City's receipt of a fully executed development agreement or other instrument as Provided by law, guaranteeing such mitigation. Sec. 265-24.3. — Level of service standards. Development applications subiect to concurrency determination shall not be approved unless there is sufficient available design capacity to sustain the following levels of service as established in the comprehensive plan: A. Roads. (1) In conformity with Miami -Dade County, the acceptable peak period LOS for all State and CountV roads inside the City shall be the following: (a) Where no public mass transit service exists, roadways shall operate at or above LOS E; (b) Where mass transit service having headways of 20 minutes or less is provided within one-half mile distance, roadways shall operate at no greater than 120 - percent of their capacity (LOS E+20); (c) Where extraordinary transit service such as commuter rail or express bus service exists, parallel roadways within 0.5 mile shall operate at no greater than 150 - percent of their capacity (LOSE+50). (2) The adopted level -of -service for all collector roads maintained by the City shall be 120 -percent of LOS E (LOS E+20), as defined and measured by the methodologies of the MOT Level of Service Standards and Guidelines. (3) The level -of -service for all local residential roads shall be guided by the recommendation of the Miami -Dade County Street Closure/ Traffic Flow Modification Study and adopted policy. (4) Local streets within the Town Center boundary as delineated on the Future Land Use Plan Map are exempt from road concurrency. B. Sanitary sewer. In conformity with Miami -Dade County, 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 CountV standards. The system shall collectively maintain the capacity to collect and dispose of 102 percent of the average daily per capita sewage system demand for the preceding 5 years. C. Potable water. The regional treatment system shall provide 144 gallons per capita per day 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 qualitV shall meet Federal, State, and County primary standards for potable water. Unless 151 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 Multi -family residential 1,500 Semi-professional offices 1,500 Hospital & Schools 2,000 Business 3,000 D. Drainage. (1) Drainage. The minimum acceptable level of service shall be protection from flooding that would result from a one (1) day duration rain event from a ten (10) year storm, with exceptions in previously developed canal basins as provided below, where additional development to this base standard would pose a risk to existing development. (2) Lowest finished floor. All structures shall be constructed at, or above, the minimum floor elevation specified in the federal Flood Insurance Rate Maps as specified in Article III of Chapter 161, Flood Damage Prevention. (3) The Water Quality Level of Service (WQLOS) component of the standard shall be met when the annual average for each of the following twelve (12) priority NPDES pollutants does not exceed the following target criteria for each of those pollutants within a canal basin, or sub -basin, as determined in accordance with procedures established by Miami -Dade County DERM. POLLUTANT TARGET CRITERION (mg/I) Biological oxygen demand (BOD) 9 Chemical oxygen demand (COD) 65 Total suspended solids (TSS) 40 Total dissolved solids Total ammonia -nitrogen (IDS) 1,000 & Organic ammonia 1.5 Total nitrate 0.68 Total phosphate (TP04) 0.33 Dissolved phosphate (DP04) Not available Cadmium (Cd) 0.0023 Copper (Cu) 0.0258 Lead (Pb) 0.0102 Zinc (Zn) 0.231 (4) Applicants seeking development orders in canal basins or sub -basins that do not meet the LOS standard in paragraphs (1) or (3), above, shall conform to best management practices (BMPs) as provided bV Miami -Dade County Code. Owners of commercial properties, where BMPs are required, shall demonstrate that their on-site storm water system is inspected two times per year and maintained and cleaned as required. Private residential developments in areas where BMPs are required shall demonstrate that their on-site storm water systems are inspected twice per year and maintained and cleaned as required. 152 E. Solid waste. The county's solid waste management system, which includes county - owned solid waste disposal facilities and those operated under contract with the city and county for disposal, shall collectively maintain a solid waste disposal capacity sufficient to accommodate waste flows for a minimum of five (5) years through long- term interlocal agreements or contracts with municipalities and private waste haulers. F. Recreation. Maintain 2.75 acres of public and private recreation space, including beachfront, per 1,000 permanent residents. G. Schools. Pursuant to the Amended and Restated Interlocal Agreement for Public School Facility Planning In Miami -Dade County, the LOS standard is 100 percent utilization of Florida Inventory of School Houses (FISH) Capacity (with relocatable classrooms). This LOS standard, except for Magnet Schools, shall be applicable in each public school concurrency service area (CSA), defined as the public school attendance boundary established by the Miami -Dade County Public Schools. The adopted LOS standard for Magnet Schools is 100% of FISH (with relocatable classrooms), which shall be calculated on a districtwide basis. Sec. 265-24.4. — Measurement of facilities capacities. A. The capacities of facilities shall be measured as provided in this section. (1) Water. Measurement of potable water capacity will be based on the design capacities of both the lines serving the property, the potable water supply system, and the potable water treatment plant capacity. (2) Wastewater. Measurement of wastewater capacity will be based upon the Miami - Dade wastewater collection system and treatment plant capacity. Wastewater demand shall be determined by the Miami -Dade County Water and Sewer Department (WASD) based upon its generation rates. (3) Roadways. The standard for measuring highway capacities shall be the Florida DOT Table of Generalized Daily Level -of -Service Maximum Volumes. The measurement of capacity may also be determined by engineering studies, the County Concurrency Information Center, the County's Administrative Order cited above or other data provided that analysis techniques are technically sound and acceptable to the Director of Public Works. (4) Traffic generation shall be based upon the Institute of Transportation Engineers Manual. The impact shall be presumed to be limited to the collector or arterial serving the local street giving access to the lot, or to the collector or arterial giving direct access to the lot. (5) Drainage. Measurement of drainage shall be based on assumed runoff rates (for example, from the South Florida Water Management District or FDOT tables) subject to approval by the Director of Public Works. Typically, this shall be achieved by a combination of on-site detention and French drains. (6) Recreation. Measurement shall be based on inventory of parks and open spaces within the city, including beachfront, together with the latest city population count from the US Census decennial or American Community Survey estimate, whichever is more recent. (7) Schools. The capacity of schools shall be the FISH capacities as published each school year by the Miami -Dade School Board. 153 (8) Solid waste. The capacity of solid waste facilities shall be determined by the waste collection provider's written statement of sufficient collection capacity and the licensed capacity of the waste disposal facilities. Sec. 265.24.5 Determination of demand. A. The determination of demand for services shall be measured as provided in this section. (1) Potable water demand shall be determined by the City of North Miami Beach based upon its demand generation rates. (2) Wastewater demand shall be determined by the Miami -Dade County Water and Sewer Department (WASD) based upon its generation rates. (3) Roadway impact shall be determined using the latest edition of the Institute of Transportation Engineers Trip Generation Manual. (4) The amount of needed stormwater storage capacity shall be based on assumed runoff rates (for example, from the South Florida Water Management District or MOT tables) subiect to approval by the Director of Public Works. (5) Recreation demand shall be based upon the average household size of occupied residential dwelling units from the US Census decennial count or American Community Survey estimate, whichever is more recent. (6) Schools. The capacity of schools shall be the FISH capacities as published each school year by the Miami -Dade School Board. (7) Solid waste. Demand for solid waste shall be determined using the following generation rates Land Use Amount of Solid Waste Residential 12.0 lbs. per single-family or two-family unit 7.0 lbs. per multifamily unit Industrial and Commercial: Factory/Warehouse 2 lbs. per 100 sq. ft. per day Office Building 1 Ib. per 100 sg. ft. per day Retail or Service, other 4 lbs. per 100 sq. ft. per day Supermarket 9 lbs. per 100 sq. ft. per day Restaurant 2 lbs. per meal per day Pharmacy 5 lbs. per 100 sq. ft. per day Hotel 3 lbs. per room per day Grade School 10 lbs. per room and % lbs. per pupil per day High School 8 lbs. per room and % lbs. per pupil per day Institution: Hospital 8 lbs. per bed per day Nursing Home 3 lbs. per person per day B. Determination of capacity availability. For purposes of these regulations, the capacity availability shall be determined by: (1) Adding together: (a) The total design capacity of existing facilities operating at the required level of service; and 154 (b) The total design capacity of any new facilities that will become available concurrent with the impact of the development. (2) Subtracting from that number the sum of: (a) The design demand for the service created by existing and approved but uncompleted development; and (b) The new design demand for the service (by phase or otherwise) that will be created concurrent with the impacts of the proposed development (3) The capacity of new facilities may be counted only if in compliance with Sec. 265- 24.6. C. The burden of demonstrating compliance with these levels of service requirements shall be upon the applicant. In order to be approvable, applications for development approval shall provide sufficient and verifiable information showing compliance with these standards. D. The proposed development shall be presumed to have the maximum impact on facilities and services that would be allowed under the land development regulations for the property unless the development order is conditioned on land uses and intensities with a lesser impact. Sec. 265-24.6. - Timing of Facility Capacity. A. Concurrency shall be satisfied only if all services and facilities subject to concurrency in this article can accommodate the demand generated by a proposed development at the adopted LOS standards at the time of the concurrency determination, or as provided in the policies under Objective 5 of the Capital Improvements Element and F.S. § 163.3180. Sec. 265-24.7. - Concurrency monitoring system. A. The Planning and Zoning Director shall be responsible for monitoring development activity to ensure the development is consistent with the Comprehensive Plan. Sec. 265-24.8. - Concurrency rights reservation and effective period. A development application shall be vested for concurrency for the duration of a valid development permit unless otherwise provided in an enforceable development agreement or by the policies and regulations of an outside utility provider. Potable water and sanitary sewer concurrency shall be deemed met upon issuance of a letter from the applicable utility reserving capacity and committing to provide service. For all other facilities and services subiect to concurrency, a development application shall be deemed to have met concurrency from the date of site plan approval. Section 4. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 5. 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 6. Inclusion in the Code. 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 155 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 7. Effective Date. This Ordinance will become effective ten (10) days after adoption at second reading. PASSED AND ADOPTED on first reading this O'day of June, 2025. PASSED AND ADOPTED on second reading this !%day of Ay u 2025. ATTEST: Maurici&'Qetancur, First Reading i Second: Vote on First Reading: C, City Clerk Mayor Svechin Vice Mayor Lama CAAN-� Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Vote on Second Reading: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Larisa Svechin, Mayo APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -//. /--- /� 1. G,.... ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Second Reading ,✓ (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) r (Yes) (No) Yes No O� SV�NY. rs<FSR i fl .J �F ➢�w FLOa`O c„` ppoy 0o SUN 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 LAND DEVELOPMENT REGULATIONS, SECTION 265-11 – "PROCEDURES OF GENERAL APPLICABILITY,” AND PROVIDING FOR A NEW ARTICLE VI – "ADEQUACY OF FACILITIES; CONCURRENCY," TO ESTABLISH CONCURRENCY PROCEDURES AND REQUIREMENTS; 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: Through previous planning studies and analysis, it has been determined that amendments to the Land Development Regulations ("LDRs") are necessary to implement the concurrency provisions of the adopted Comprehensive Plan. Use of the term "concurrency," in the context of growth management stems from a Florida law that requires local governments to ensure there will be adequate potable water, sanitary sewer, drainage, and solid waste disposal capacity to serve new development concurrent with the impacts of the development on those facilities. Sunny Isles Beach also enforces concurrency on parks, roads, and schools—the latter two of which are required county -wide. The primary intent of the proposed amendments is to implement the concurrency provisions contained in the adopted Comprehensive Plan. Such provisions include minimum level of service standards for each facility that is subject to concurrency within the City. The proposed amendments provide procedures and standards for ensuring that each proposed development satisfies concurrency requirements. As a practical matter, the proposed amendments do not require that the City substantially change the way it reviews development applications. The City already reviews development applications for adequacy of drainage, solid waste collection and disposal, and City park capacity. As well, the City requires traffic impact studies for most site plans. Concurrency evaluations for potable water, sanitary sewer and schools are made by the governmental agencies responsible for those facilities. The City receives certifications from each responsible entity that concurrency is satisfied prior to approving development applications. The Ordinance corrects errors contained with the concurrency provisions of the adopted Comprehensive Plan. Part II. 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") 157 O� SUNNY ,5(E�A r. 4 yf ➢�. FL00.\ C�TF Oc SUN PNS n 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 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. 158 F c,rr o� svK ��p 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: Proposed Concrrency Amendments to the Land Development Regulations RECOMMENDATION: Staff recommends adoption of this Ordinance. REASONS: Through previous planning studies and analysis, it has been determined that amendments to the Land Development Regulations ("LDRs") are necessary to implement the concurrency provisions of the adopted Comprehensive Plan. Use of the term "concurrency," in the context of growth management stems from a Florida law that requires local governments to ensure there will be adequate potable water, sanitary sewer, drainage, and solid waste disposal capacity to serve new development concurrent with the impacts of the development on those facilities. Sunny Isles Beach also enforces concurrency on parks, roads, and schools—the latter two of which are required county -wide. The primary intent of the proposed amendments is to implement the concurrency provisions contained in the adopted Comprehensive Plan. Such provisions include minimum level of service standards for each facility that is subject to concurrency within the City. The proposed amendments provide procedures and standards for ensuring that each proposed development satisfies concurrency requirements. As a practical matter, the proposed amendments do not require that the City substantially change the way it reviews development applications. The City already reviews development applications for adequacy of drainage, solid waste collection and disposal, and City park capacity. As well, the City requires traffic impact studies for most site plans. Concurrency evaluations for potable water, sanitary sewer and schools are made by the governmental agencies responsible for those Item Number: 8.6 147 facilities. The City receives certifications from each responsible entity that concurrency is satisfied prior to approving development applications. An accompanying Ordinance on this agenda corrects errors contained with the concurrency provisions of the adopted Comprehensive Plan. ATTACH M E NTS: Ordinance Business Impact Estimate Item Number: 8.6 148