HomeMy WebLinkAboutOrdinance 2025-633ORDINANCE 2025 - b!58
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING CHAPTER 265, ARTICLE II, §265-5, OF THE CODE OF
ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "DEFINITIONS," TO
REVISE THE DEFINITION OF THE TERM "CHILD DAY CARE FACILITY;" AMENDING
ARTICLE VII, ENTITLED "ZONING DISTRICTS," TO INCORPORATE "CHILD DAY
CARE FACILITY" AS A PERMITTED USE IN THE RECREATIONS AND OPEN SPACE
(ROS) ZONING DISTRICT IN §265-30, AND IN THE COMMUNITY FACILITIES (CF)
ZONING DISTRICT IN §265-29, AND AS A CONDITIONAL USE IN THE MEDIUM-
HIGH DENSITY RESIDENTIAL (RMF -2) ZONING DISTRICT IN §265-34, THE
NEIGHBORHOOD BUSINESS (B-1) ZONING DISTRICT IN §265-36, THE TOWN
CENTER ZONING DISTRICT IN §265-37, AND THE BUSINESS OVERLAY ZONING
DISTRICT IN §265-38; AND AMENDING §265-44, ENTITLED "SPECIFIC USE
REGULATIONS" TO INCORPORATE THE PHYSICAL STANDARDS FOR CHILD CARE
FACILITIES CONSISTENT WITH MIAMI-DADE COUNTY CODE OF ORDINANCES,
CHAPTER 33, ARTICLE XA; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statutes, confers upon local governments the authority
to adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry; and
WHEREAS, Section 265-5 of the City's Land Development Regulations currently provides
a definition of child or adult care centers; and
WHEREAS, the City Commission wishes to amend Section 265-5 of the Land Development
Regulations to define child day care facilities consistently with Florida Statutes; and
WHEREAS, the City Commission also wishes to amend Article VII of Chapter 265, to allow
child day care facilities as a permitted or a conditional use in certain zoning districts; and
WHEREAS, the Miami -Dade County Code of Ordinances, Chapter 33, Article XA contains
physical standard requirements for child care facilities that apply to incorporated areas of Miami -
Dade County, whereupon municipalities are not permitted to adopt standards that are in conflict
with or in addition to the standards contained therein; and
WHEREAS, the City Commission finds this Ordinance is consistent with the City's
Comprehensive Plan;
WHEREAS, the City Commission hereby finds and declares that the adoption of this
Ordinance promotes the public health, safety, and general welfare of its citizens, and is in the
best interest of the City; and
Page 1 of 7
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 of Chapter 265, Article II. Chapter 265, Article II, Section 265-5, of
the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled "Definitions," is hereby
amended as follows:
ARTICLE II - Definitions and Rules of Construction
§ 265-5. - Definitions.
CHILD- no Alli 11 T_( ADC CENTER DAY CARE FACILITY —An „nteFpFise in .,lying the eare Affiye
mere r_-hildpeR and/er sepier -ad-i-A-5; ;at- A -Re -;;;;d- the SaMe time, eitheF by day 9F Right, whiGh
G-hiId_FP_R andJeF senieF adults are Ret fester ehilelreR OF Felated by bleed Ar marriage te the
epeFateF. Adult GaFe r--enterS Shadl PA -t- these uses meetiRg the defipffitie.p ef. aSsisted living
faG-iIi+7^r ^" RUFSiRg t which provides child
care for more than five children unrelated to the operator and which receives a payment, fee, or
grant for any of the children receiving care, wherever operated, and whether or not operated for
profit. Child care means the care, protection, and supervision of a child, for a period of less than
24 hours a day on a regular basis, which supplements parental care, enrichment, and health
supervision for the child, in accordance with his or her individual needs, and for which a payment,
fee, or grant is made for care.
Section 3. Amendment of Chapter 265, Article VII. Chapter 265, Article VII, of the Code of
Ordinances of the City of Sunny Isles Beach, Florida, entitled "Zoning Districts," is hereby
amended as follows:
ARTICLE VII - Zoning Districts
§ 265-29. Community Facilities (CF).
B. Permitted uses. No building or structure, or part thereof, within the district shall be erected,
altered or used, or land used in whole or in part for other than one or more of the following
specific uses, subject to all other applicable standards and requirements contained in this
chapter:
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162
(1) Auditoriums, libraries, cultural centers, museums and galleries related to the fine arts;
neighborhood or community centers.
(2) Schools, primary and secondary public or private educational facilities, colleges and
universities, public and private, including business colleges, and trade schools.
(3) Religious facilities, churches, synagogues, temples or other places of worship and
religious assembly.
(4) Government owned facilities.
(5) Structures and uses relating to the general operation of municipal facilities and public
utilities requiring locations within the City, provided the facility housing the utilities
incorporates, at the utility company's expense, a municipal sign or structure.
(6) Uses that are customarily incidental and accessory to the above principal uses.
(7) Child day care facilities.
§ 265-30. Recreations and Open Space (ROS).
B. Uses permitted. No building or structure, or part thereof, within the district shall be erected,
altered or used, or land used in whole or in part for other than one or more of the following
specific uses, subject to all other applicable standards and requirements contained in this
chapter:
(1) Open space and recreational areas.
(2) Boat ramps and docks.
(3) Outdoor cultural, educational and civic facilities.
(4) Parks, public and private.
(5) Waterways.
(6) Uses that is customarily incidental and accessory to the above principal uses when
located on the same plot.
(7) Child day care facilities.
§ 265-34. Medium - High Density Multifamily Residential (RMF -2).
C. Conditional uses.
(1) All conditional uses permitted in the RMF -1 District.
(2) Apartment hotels.
Page 3 of 7
163
(3) Convenience retail and office as an accessory use as part of a site plan approved prior
to the adoption of these LDRs.
(4) Commercial jet skis and personal watercraft launching facilities. For the purpose of this
Section, a personal watercraft is defined as a small, jet -powered craft, resembling a
snowmobile in appearance and ridden like a motorcycle for individual use in water.
(5) Commercial marinas or boat storage.
(6) Non -motorized or motorized watercraft leasing or launching facilities.
(7) Child day care facilities.
§ 265-36. Neighborhood Business (B-1).
C. Conditional uses.
(1) Open, unenclosed display and sales of flowers, fruits and vegetables as an accessory
use to an adjacent established business housed in a permanent structure.
(2) Open, unenclosed display and sales of retail merchandise from pushcarts and kiosks.
(3) Temporary public markets, festivals and special events limited to three consecutive day
periods.
(4) Bars, taverns, lounges, provided that individual establishments shall not exceed 3,000
square feet in gross floor area. There shall be a 300 -foot distance separation between
any two such establishments. Bars, taverns, and lounges located within a hotel and
without direct grade -level exposure and access to the building front setback area shall
not be subject to the distance separation requirement.
(5) Veterinarians and ancillary kennels fully enclosed.
(6) Commercial jet skis and personal watercraft launching facilities. For the purpose of this
Section, a personal watercraft is defined as a small, jet -powered craft, resembling a
snowmobile in appearance and ridden like a motorcycle for individual use in water.
(7) Commercial marinas or boat storage.
(8) Non -motorized or motorized watercraft leasing or launching facilities.
(9) Storage facilities.
(10) Child day care facilities.
§ 265-37. Town Center Zoning District.
D. Conditional uses.
Page 4 of 7
164
(1) Bars, taverns and lounges, provided that individual establishments shall not exceed
3,000 square feet in gross floor area. There shall be a 300 -foot distance separation
between any two such establishments. Bars, taverns and lounges located within a hotel
and without direct grade level exposure and access to the building front setback area
shall not be subject to the distance separation requirement.
(2) Commercial jet skis and personal watercraft launching facilities. For the purpose of this
Section, a personal watercraft is defined as a small, jet -powered craft, resembling a
snowmobile in appearance and ridden like a motorcycle for individual use in water.
(3) Commercial marinas or boat storage.
(4) Non -motorized or motorized watercraft leasing or launching facilities.
(5) Child day care facilities.
§ 265-38. Business Overlay District.
C. Conditional uses.
(1) All conditional uses provided for in the RMF -1 and B-1 zoning districts.
(2) Commercial jet skis and personal watercraft launching facilities. For the purpose of this
Section, a personal watercraft is defined as a small, jet -powered craft, resembling a
snowmobile in appearance and ridden like a motorcycle for individual use in water.
(3) Commercial marinas or boat storage.
(4) Non -motorized or motorized watercraft leasing or launching facilities.
(5) Gaming facilities and bingo halls.
(6) Child day care facilities.
§ 265-44. Specific use regulations.
D. Child OF ad-saFe eenteFTday care facilities. Must meet the physical standard
requirements of Miami -Dade County Chapter 33, Article XA.
areas Sheudd be gFassed er m.-Hiehed. Paved -;;rp--;;,-; Shall net be GensideFed as play aFeas.
(2) Child day eaFe GeRters shall be permitted in R ! DistFiGt fer less than Gh*!dFeR a
shall he established RRly E)R lets with a miRi.m.-H.m. size i
Page 5 of 7
165
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Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed to the extent of such conflict.
Section 4. 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, but shall remain in full force and effect.
Section 5. 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
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 6. Effective Date. This Ordinance will become effective immediately upon adoption
at second reading.
PASSED AND ADOPTED on first reading this J `day of July, 2025.
PASSED AND ADOPTED on second reading this EIay_of August, 2025.
Larisa Svechin, Mayor
Page 6of7
166
ATTEST:
Maurici� Betancur, CWC, City Clerk
First Reading
Motion: e0w
6WIA WIMMAU1111
Vote on First Reading:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
A ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Second Reading
Mayor Svechin
✓(Yes)
(No)
Vice Mayor Lama
Z(Yes)
(No)
Commissioner Joseph
I/ (Yes)
(No)
Commissioner Stuyvesant
Z(Yes)
(No)
Commissioner Viscarra U*SeFT)
(Yes)
(No)
Vote on Second Reading:
Mayor Svechin
✓(Yes)
(No)
Vice Mayor Lama
y1 (Yes)
(No)
Commissioner Joseph
✓ (Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
Page 7 of 7
167
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BUSINESS IMPACT ESTIMATE FORM
Posted To Webpage on
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 CHAPTER 265, ARTICLE II, §265-5, OF THE CODE OF ORDINANCES
OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "DEFINITIONS,” TO REVISE THE
DEFINITION OF THE TERM "CHILD DAY CARE FACILITY;" AMENDING ARTICLE VII,
ENTITLED "ZONING DISTRICTS," TO INCORPORATE "CHILD DAY CARE FACILITY" AS
A PERMITTED USE IN THE RECREATIONS AND OPEN SPACE (ROS) ZONING DISTRICT
IN §265-30, AND IN THE COMMUNITY FACILITIES (CF) ZONING DISTRICT IN §265-29,
AND AS A CONDITIONAL USE IN THE MEDIUM-HIGH DENSITY RESIDENTIAL (RMF -2)
ZONING DISTRICT IN §265-34, THE NEIGHBORHOOD BUSINESS (B-1) ZONING
DISTRICT IN §265-36, THE TOWN CENTER ZONING DISTRICT IN §265-37, AND THE
BUSINESS OVERLAY ZONING DISTRICT IN §265-38; AND AMENDING §265-44, ENTITLED
"SPECIFIC USE REGULATIONS" TO INCORPORATE THE PHYSICAL STANDARDS FOR
CHILD CARE FACILITIES CONSISTENT WITH MIAMI-DADE COUNTY CODE OF
ORDINANCES, CHAPTER 33, ARTICLE XA; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
Part I.
Summary of the proposed ordinance and statement of public purpose:
The purpose of this ordinance is to update the Land Development Regulations for childcare
facilities, which includes amending the definition of child care facilities, establishing which zoning
districts the use is allowed by right or as a conditional use, and the physical standard
requirements.
First, the ordinance amends the definition of child care facilities to align with Florida Statute
Chapter 402. Second, the ordinance establishes childcare facilities as a permitted use in the
Community Facilities (CF) and Recreation Open Space (ROS) zoning districts. The use will be
established as a conditional use in the Medium - High Density Multifamily Residential (RMF -2),
Neighborhood Business (B-1), Town Center District (TCD), and Business Overlay (BO) zoning
districts. A conditional use requires review and approval by City Commission before a Certificate
of Use or building permit can be issued. Finally, the Miami -Dade County Code of Ordinances
Chapter 33, Article XA enumerates regulations for nonpublic educational and childcare facilities
and states the provisions of the article, "shall be applicable in the unincorporated areas of Miami -
Dade County and specifically in the incorporated areas of Miami -Dade County. No municipality
shall adopt physical standards governing day nurseries, kindergartens or after school care that
are in conflict with or in addition to the standards contained in this article, whether more or less
restrictive than the standards contained herein." Therefore, the ordinance proposes to strike the
169
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physical standards for childcare facilities and reference the Miami -Dade County Chapter 33,
Article XA. The Miami -Dade County Code includes physical standards for minimum outdoor
recreation/play area, auto stacking, classroom size, and fencing. Notably, the standards that are
proposed to be stricken are comparable to the those in the Miami -Dade County Code.
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")
a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed
ordinance is enacted:
None. Existing fees related to any applications for conditional uses would apply.
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. Existing fees related to any applications for conditional uses would apply.
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.
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Part III.
Good faith estimate of the number of businesses likely to be impacted by the ordinance:
Unknown.
Part IV. Additional Information (if any):
None.
171
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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& Zoning Director
DATE: August 21, 2025
RE: Amendment to Land Development Regulations for Child Day Care Facilities
RECOMMENDATION:
Staff recommends approval of this Ordinance.
REASONS:
The purpose of this ordinance is to update the Land Development Regulations for child care facilities,
which includes amending the definition of child care facilities, establishing which zoning districts the use
is allowed by right or as a conditional use, and the physical standard requirements.
First, the ordinance amends the definition of child care facilities to align with Florida Statute Chapter
402.
Second, the ordinance establishes child care facilities as a permitted use in the Community Facilities (CF)
and Recreation Open Space (ROS) zoning districts. The use will be established as a conditional use in the
Medium - High Density Multifamily Residential (RMF -2), Neighborhood Business (B-1), Town Center
District (TCD), and Business Overlay (BO) zoning districts. A conditional use requires review and
approval by City Commission before a Certificate of Use or building permit can be issued.
Finally, the Miami -Dade County Code of Ordinances Chapter 33, Article XA enumerates regulations for
nonpublic educational and child care facilities and states the provisions of the article, "shall be
applicable in the unincorporated areas of Miami -Dade County and specifically in the incorporated areas
of Miami -Dade County. No municipality shall adopt physical standards governing day nurseries,
kindergartens or after school care that are in conflict with or in addition to the standards contained in
this article, whether more or less restrictive than the standards contained herein." Therefore, the
Item Number: 8.0
159
ordinance proposes to strike the physical standards for child care facilities and reference the Miami -
Dade County Chapter 33, Article XA. The Miami -Dade County Code includes physical standards for
minimum outdoor recreation/play area, auto stacking, classroom size, and fencing. Notably, the
standards that are proposed to be stricken are comparable to the those in the Miami -Dade County
Code.
ADDITIONAL INFORMATION:
The City Commission provided direction regarding childcare facilities during the July 17, 2025, City
Commission workshop and approved the ordinance on first reading during the July 17, 2025 regular City
Commission meeting.
ATTACHMENTS:
Ordinance
Zoning Map
Business Impact Estimate
Item Number: 8.0
160