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HomeMy WebLinkAboutOrdinance 2025-640ORDINANCE 2025 -*P AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING CHAPTER 150 OF THE CODE OF ORDINANCES, ENTITLED "EXTERIOR WALLS AND AWNINGS," AMENDING CHAPTER 265, ARTICLE II OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "DEFINITIONS AND RULES OF CONSTRUCTION," TO DEFINE THE CITY COLOR PALETTE, CREATING ARTICLE XIII OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "ARCHITECTURAL AND DESIGN STANDARDS," TO ESTABLISH CITYWIDE DESIGN REGULATIONS INCLUDING EXTERIOR COLOR AND MATERIAL REQUIREMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sunny Isles Beach recognizes the importance of maintaining a cohesive and visually harmonious community character through thoughtful regulation of exterior building design; and WHEREAS, Chapter 150 of the Code of Ordinances of the City of Sunny Isles Beach regulates the materials and color of exterior walls located within the City; and WHEREAS, exterior color and material standards that regulate the design and appearance of buildings and are most appropriately administered through the development review and permitting process and therefore relocating these standards from the General Code of Ordinances to the Land Development Regulations will ensure consistency with zoning requirements and improve administrative clarity; and WHEREAS, establishing a City Color Palette provides clear guidance to property owners, builders, and design professionals regarding acceptable exterior colors, thereby ensuring compatibility among structures throughout the community; and WHEREAS, the City Commission finds that allowing a limited range of accent colors provides opportunities for creative architectural expression while preserving overall community aesthetics; and WHEREAS, the creation of Chapter 265, Article XIII of the City's Land Development Regulations reestablishes standards for exterior wall coloring and materials previously codified in Chapter 150 that applies citywide, and identifies allowable percentages of accent colors to ensure consistency in application and enforcement; and WHEREAS, the City Commission finds this Ordinance is consistent with the Comprehensive Plan and will promote orderly development, improve clarity in the Land Development Regulations, and protect the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS': Page 1 of 6 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 doubleil�. 64 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. Repealing Chapter 150. Chapter 150 of the Code of Ordinance of the City of Sunny Isles Beach, Florida, entitled "Exterior Walls and Awnings," is hereby repealed as follows: M. _... _ _ , ,.P1 MO. Page 2 of 6 i Additions to existing text are shown by underline, changes to existing text on second reading are shown by double DndgLjjDe, and deletions are shown as double �. 65 Section 3. Amendment of Chapter 265, Article II. Chapter 265, Article II, Section 265-5, of the Land Development Regulations 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. CITY COLOR PALETTE — the officially adopted set of exterior building colors established by the City to promote visual harmony and maintain community character. The palette identifies approved colors for exterior wall surfaces, trim, and other architectural elements of buildings. The City Color Palette is maintained by the Planning & Zoning Department and may be amended by resolution of the City Commission. Section 4. Creating Article XIII in Chapter 265 of the Land Development Regulations. Chapter 265, Article XIII, of the Land Development Regulations of the City of Sunny Isles Beach, Florida, entitled "Architectural and Design Standards," is hereby created as follows: ARTICLE XIII — Architectural and Design Standards § 265-88. Purpose and intent. The purpose of this Article is to establish architectural and design standards that promote a cohesive, high -quality built environment and preserve the unique character of the City. These regulations provide clear and consistent guidance on building appearance, materials, and colors, ensuring compatibility among s4wc- buildings and enhancing the aesthetic quality of the community. § 265-89. Applicability. The provisions of this Article apply to all new construction, substantial improvements, and additions, unless otherwise exempted herein. § 265-90. Exterior wall coloring and materials. A. Purpose. To promote a cohesive and visually harmonious community character by regulating the exterior color and materials of etPjetw-ee buildings. Establishing an approved color palette ensures compatibility among *tP.-4kw*s==buiIdings and preserves neighborhood identity. The intent is to balance design flexibility with community aesthetics, allowing for creative expression while maintaining a high -quality appearance throughout the City. Page 3 of 6 1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by double un erline, and deletions are shown as double . 66 B. The exterior wall surface areas of *bftwA#P@4--buildini?s, including architectural projections that are integral to the wall, shall be painted, coated, or otherwise finished in accordance with the approved City Color Palette, as adopted by the City Commission and maintained by the Planning; & Zoning; Department. (1) The exterior wall surface does not include doors, windows, window frames or shutters, fascia and soffits, or roof surfaces. (2) At least 75% of the building's exterior wall surface area shall be approximate to and harmonious with the colors on the approved City Color Palette. (3) Up to 25% of the exterior wall surface area may be an allowable accent color, which includes black, dark brown, and dark gray. (4) For the purposes of calculating; the "exterior wall surface area," this shall mean the cumulative square footage of all exterior wall planes of the R4*eTbuildings, excluding doors, windows, window frames, shutters, fascia, soffit, and roofs. C. The exterior walls of all buildings shall be constructed of concrete, glass blocks, stone, hollow tile, coral rock or clay brick. &*wet rft*--Building?s used for commercial or governmental purposes, utility sheds, and parking garages may be constructed of metal panels, pebble - faced panels, or precast panels. (1) All exterior masonry shall be stuccoed and painted, except those of coral rock, stone, glass, clay brick, slump brick, pebble -faced panels, precast panels and architectural concrete. (2) Semi -gloss paint may be used on exterior walls and gloss paint shall only be used on doors and trims. Section 5. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed to the extent of such conflict. 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, but shall remain in full force and effect. Section 7. 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 8. Effective Date. This Ordinance will become effective immediately upon adoption at second reading. Page 4 of 6 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 double . 67 PASSED AND ADOPTED on first reading this J-ay of October, 2025. PASSED AND ADOPTED on second readingjbis Aay of November, 2025. t Mauricid.Betancur First Reading C, City Clerk Ed M, % El", —E-W Vote on First Reading: Mayor Svechir Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Vote on Second Reading: Larisa Svechin, r APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4'7-6-tz— Afain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Second Reading III! • • % rl / 5 V (Yes) (No) 4Yes) (No) Yes) (No) Yes) (No) " (Yes) (No) Page 5 of 6 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 double . 68 Mayor Svechins Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra (Yes) (No) ✓ (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) Page 6 of 6 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 double �. 69 l� oc SUN PN 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, REPEALING CHAPTER 150 OF THE CODE OF ORDINANCES, ENTITLED "EXTERIOR WALLS AND AWNINGS," AMENDING CHAPTER 265, ARTICLE 11 OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "DEFINITIONS AND RULES OF CONSTRUCTION," TO DEFINE THE CITY COLOR PALETTE, CREATING ARTICLE XIII OF THE LAND DEVELOPMENT REGULATIONS, ENTITLED "ARCHITECTURAL AND DESIGN STANDARDS," TO ESTABLISH CITYWIDE DESIGN REGULATIONS INCLUDING EXTERIOR COLOR AND MATERIAL REQUIREMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Part I. Summary of the proposed ordinance and statement of public purpose: The City Commission of the City of Sunny Isles Beach recognizes the importance of maintaining a cohesive and visually harmonious community character through thoughtful regulation of exterior building design. Currently, Chapter 150 of the Code of Ordinances of the City of Sunny Isles Beach regulates the materials and color of exterior walls located within the City. However, exterior color and material standards that regulate the design and appearance of buildings and are most appropriately administered through the development review and permitting process and therefore relocating these standards from the General Code of Ordinances to the Land Development Regulations will ensure consistency with zoning requirements and improve administrative clarity. The ordinance establishes a City Color Palette which provides clear guidance to property owners, builders, and design professionals regarding acceptable exterior colors, thereby ensuring compatibility among structures throughout the community. The ordinance will allow a limited range of accent colors provides opportunities for creative architectural expression while preserving overall community aesthetics. The ordinance creates Chapter 265, Article XIII of the City's Land Development Regulations and reestablishes standards for exterior wall coloring and materials previously codified in Chapter 150 that applies citywide, and identifies allowable percentages of accent colors to ensure consistency in application and enforcement. This Ordinance is consistent with the Comprehensive Plan and will promote orderly development, improve clarity in the Land Development Regulations, and protect the public health, safety, and welfare. Part II. 70 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 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): None. 71 'Tl' OF sue4 ", 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: November 20, 2025 RE: Amendment to Land Development Regulations for Exterior Coloring and Materials RECOMMENDATION: Staff recommends approval of this Ordinance. REASONS: The City of Sunny Isles Beach has regulated the exterior materials and colors of buildings since 1998 through Ordinance 98-47. These regulations were established to enhance the City's visual character, promote a high -quality built environment, and provide clear and fair procedures for selecting, applying, and approving exterior finishes. Today, the City's exterior materials and color regulations are located in Chapter 150 entitled, "Exterior Walls and Awnings" of the City's Code of Ordinances. However, this placement is inconsistent with how the regulations are actually applied, which is through the development review and permitting processes, which is aligned with the other development standards located in the City's Land Development Regulations (LDR) of Chapter 265. The proposed ordinance modernizes and reorganizes the City's exterior color and materials regulations by accomplishing the following: 1. Procedural clarity. The ordinance relocates the material and color regulations from Chapter 150 to Chapter 265 to improve administration and ensure consistency with zoning procedures. This change recognizes that material and color standards function as development standards, reviewed during permitting and site plan processes. Moving these regulations into the LDR allows requests for deviations to follow the established variance procedures and require City Commission approval. This creates a clearer, more transparent regulatory process for property Item Number: 8.A owners, developers, and staff because deviations from Chapter 150 would require a site plan modification, which is a more burdensome application process. 2. Accent color allowance. The ordinance establishes a 25% allowance for accent colors (black, dark brown, and dark gray) on exterior walls. This reflects current architectural trends in new development, where modern, boxy building forms are softened and visually enhanced with darker accent tones used on trims, projections, and decorative elements. This provision introduces flexibility while preserving the City's overall aesthetic goals. 3. City Color Palette definition and adoption. The ordinance creates a formal definition for the "City Color Palette" and establishes that the palette will be adopted and amended by resolution of the City Commission. This improves efficiency by allowing palette updates to occur administratively through Commission resolution rather than ordinance amendment. It ensures the palette remains current, easy to maintain, and responsive to evolving design preferences, while preserving Commission oversight. The Planning & Zoning Department recommends that the City Commission approve the proposed ordinance on first reading. Relocating and modernizing the exterior materials and color regulations will enhance procedural clarity, align regulations with development review practices, and support high - quality architectural standards citywide. Since first reading, the ordinance has been revised to consistently use the term "building," instead of "structure." These are defined terms in the Land Development Regulations and the intent of the ordinance is to regulate the exterior color and materials of buildings, not structures. ATTACHMENTS: Ordinance Business Impact Estimate Item Number: 8.A 63