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HomeMy WebLinkAboutOrdinance 2026-645ORDINANCE NO. 2026 — AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, F.S. 163.3177 requires that each local government adopt a Future Land Use Element as part of its comprehensive plan; and WHEREAS, the Future Land Use Element includes land use designations and is required to establish maximum development allowances for residential and non-residential uses; and WHEREAS, the City of Sunny Isles Beach ("City") utilizes density and floor area ratio (FAR) to establish maximum development allowances; and WHEREAS, the adopted land development code is intended to implement the adopted comprehensive plan; and WHEREAS, the adopted land development code incorporates "bonus" development allowances that allow for increases in floor area ratio and density; and WHEREAS, additional clarification is necessary to ensure consistency between maximum development allowances stipulated in the comprehensive plan and the land development code; and WHEREAS, the City identified additional text amendments necessary to ensure consistency with the city's current goals and vision and for plan consistency; and WHEREAS, the City also established definitions for various terms used throughout the comprehensive plan; and WHEREAS, on June 17, 2025, the City Commission, serving as the Local Planning Agency ("LPA"), held its hearing on this proposed Ordinance with due public notice and input; and WHEREAS, the motion to recommend adoption of the Ordinance resulted in a tie -vote with no formal recommendation being made; and WHEREAS, on June 17, 2025, the City Commission held the first reading and public hearing of this proposed Ordinance with due public notice and input, which also resulted in a tie -vote amongst the City Commission; and @BCL@9416310F Page 1 of 4 419 WHEREAS, on August 21, 2025, the City Commission held a second, first reading of the Ordinance, and after public hearing adopted the Ordinance for transmittal to state agencies; and WHEREAS, pursuant to comments and objections received by the State Land Planning Agency after submission, this proposed Ordinance was duly amended and is required to be presented for a third, first reading and public hearing; and WHEREAS, on November 20, 2025, the City Commission held a third, first reading and public hearing of this proposed Ordinance with due public notice and input; and WHEREAS, on , 2026, the City Commission held a second reading and public heading 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': 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 Future Land Use Element. The Future Land Use Element of the adopted Comprehensive Pan is hereby amended as shown in "Exhibit A." Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. 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. Section 5. Transmittal. The City Commission hereby directs the City Manager to transmit the proposed text amendments to the State Land Panning Agency for review and comment. Section 6. Effective Date. The effective date of this ordinance, if the amendment is not timely challenged, shall be 31 days after the State Land Planning Agency notifies the City that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or development dependent on this amendment may be issued or commence before it has become effective. PASSED AND ADOPTED on first reading thisA—*day of . 419021 12025. ' Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, deletions on first reading are shown as StFik�re:gh and deletions on second reading are shown as . DRAFT 011526 FLUE Ordinance.dou Page 2 of 4 PASSED AND ADOPTED on second reading this day ��t , 2026. ATT Mauritio Beta Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: :ur, CIVIC, City Clerk Wain E. Boileau, Nabors, Giblin & Nickerson, P.A., City Attorney First Reading Second Reading Motion:lle'A.Motion: Second: 5�ww� Second: U Vote on First Reading: Mayor Svechin --A85e01—\— Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Vote on Second Reading: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra (Yes) (No) (Yes) (No) - (Yes) (No) (Yes) (No) 7 (Yes) (No) ✓ (Yes) (Yes) (Yes) (No) (No) (No) (Yes) (No) (Yes) (No) DRAFT 011526 FLUE Ordinance.docx Page 3 of 4 Exhibit A — Text Amendments to the Future Land Use Element @BCL@9416310F Page 4 of 4 422 y�,i o d' rrA alm .aBCI t�ttCC Y'1{�� iy ti [so 1 • Y t t.Ji t TI�r�{*7•rt141 �, E}}s�fn�e+°'1���� sdN ,�;�� !� 1�t�r r I yr'M1�wl• dl 111 R i 33,, �' � .. Yj�•r '� r 1 d �7 cf '� � i t. '. iI. y{�5` �•�„ ,rt 4� ihr W Ix, f 41 � t ! r 1 i�i 1 7 f ! a it J'f• t , ty,;;� �ti t)r � " yj ynttnu {9�'; 44�SA �rr1+ik� �i!� eM1 h� { tS{.• yy ��' �� ��I� �Ll � 41', I, �„�tt � ..�� I f f �', t {��•jt� Ott � �,.. ir 7. d •i7 nl� !t�•pJ~•,{j{��i�"S .`JI V }I � ,. t��) � ��t 1 1 ;� I l �11.:�.n ,a k�.�i;�•9t it +'�flflfl� 1 i • � 9 '�' r t t • ! I .lu S 1 t � 3 rls �t ' ry5 � • jY'- f�J�}���'� ..31! • - y,. tt � � , b ,j � trr I t t��� r 2030 `D. Future Land Use Element The policies in the Future Land Use Element describe where, how and under what circumstances growth should occur within the 15 year timeframe of this Comprehensive Plan. The Future Land Use Plan for Sunny Isles Beach is not a zoning map. The Future Land Use Plan is conceptual and is created to serve as a guide for future detailed land use decisions made in the context of implementing various components of the plan. Future Land Uses are based on the Goals, Objectives and Policies adopted by the City Commission through this Plan. Definitions Ancillary — Providing related and, or necessary support to the principal use. Subordinate in terms of intensity and gross floor area as compared to the principal use. Cooking facilities — Includes an installed stove or stovetop oven. Communication Tower — A monopole, self-supporting/lattice tower or guyed tower, constructed as a freestanding structure, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication, excluding radar towers, amateur radio support structures, and satellite earth stations. Floor Area Ratio (F.A.R.) - The number calculated by dividing the gross floor area of the building (or buildings) on a lot by the gross lot area. Gross Acre or Gross Lot Area — The total area of a parcel within a lot, including submerged lands when said lands are included in the plat. Gross Floor Area (GFA) — The floor area measured from the exterior faces of the exterior walls, the centerline of any party wall separating two buildings, or as measured from the exterior face of a projection, the area of which is included in this definition; including, janitor closets, common corridors, trash rooms common lobbies and common restrooms. This definition does not include elevators stairwells, meter rooms, interior storage areas, vehicular use areas within parking structures, balconies, and ancillary power equipment rooms. The land development regulations may provide for a more restrictive definition of Gross Floor Area, which may include certain excluded areas identified herein. Density — The number of residential dwelling units or rooms allocated to the project divided by the gross lot area. Apartment Hotel — A building containing apartments which may have one or more bedrooms ("lockout rooms") that may be accessed and occupied independent (separate keyed entry) of the primary apartment_ space and each apartment including any lockout rooms and all facilities and outdoor areas used in common by all tenants are owned, administered and maintained by a corporation created pursuant to Florida Statutes. No more than 5% of the apartment units may be occupied for more than six months by the same owner, lessee or sublessee. The owner, lessee or sublessee may occupy the remaining FUTURE LAND USE Page 18 424 2030 °o o� apartments for extended -stay periods of up to six months' duration during any twelve-month period. The apartment and any appurtenant lockout bedroom(s) may be rented collectively or separately on a transient basis for periods of one to 180 days providing central reservation service, maid, linen or other room services customarily provided by hotel management and operations. A management company shall manage the building at all times and shall submit to the City's Zoning Department an annual report delineating lease and rental activities for each unit within the building by June 30 of each year. Failure to file this report shall result in a fine of $500 and an audit by the City. Lockout Room — A bedroom or separate room with sleeping accommodations and without cooking facilities that is part of the functional living space of an individual apartment unit and which has a separate keyed entry directly from a public corridor and may be secured and occupied independent of the primary apartment space. Lockout rooms are associated with the operation and management of an apartment - hotel. Neighborhood -Serving Community Facility - Includes publicly owned recreation buildings and facilities, Playgrounds, playfields and parks scaled to the needs of the surrounding neighborhood. Net Acre - The total area of a development parcel. Net acre or net parcel area shall not include rights -of - way and land dedicated or reserved for public parks or submerged land except where the submerged land is within the platted lot of the development project. Strategic public purpose — Intended to benefit the public and aligned with an established vision and goals set forth by the city. Utility — Facilities for provision of services to the general public by means of a system of pipes, conduits or wires for the treatment, distribution or storage of water for public use or consumption, collection and treatment of sanitary sewage, distribution of natural gas, generation or distribution of electric power, transmission of data for television, radio, telephone and internet service, and operators and providers thereof. Vehicular Use Areas - Any area intended for vehicular circulation, including parking spaces, drive aisles, driveways, loading areas, internal roadways, and any other areas used for vehicle access or movement. Waterfront —Any lot that is a lot of record as of the date of this ordinance shall be considered a waterfront lot provided it has at least 75% of one lot line at the time the lot became of record, that abuts and is contiguous to any body of water, including creek, canal, bay, ocean, river or any other body of water, natural or artificial whether said lot line is front rear or side. The term waterfront shall not include a swimming pool, stormwater management area, or decorative water feature. The benefits, if any, inuring to a waterfront lot are not transferrable. FUTURE LAND USE Page 19 425 2030 Preferred Development Pattern Land Use Goal PROVIDE THE BEST POSSIBLE DISTRIBUTION OF LAND USE AND SERVICES TO MEET THE PHYSICAL, SOCIAL, CULTURAL AND ECONOMIC NEEDS OF THE PRESENT AND FUTURE POPULATIONS IN A TIMELY AND EFFICIENT MANNER THAT WILL MAINTAIN OR IMPROVE THE QUALITY OF THE NATURAL AND MAN-MADE ENVIRONMENT AND AMENITIES. The location and configuration of urban growth through the year 2030 shall emphasize the improvement, protection and preservation of existing neighborhoods, infill development of the remaining scattered vacant lots, and rehabilitation and/or redevelopment of underutilized or obsolete developments.. Policy 1A. The City of Sunny Isles Beach shall continue to encourage: in -fill development that is compatible with and/or supportive of existing surrounding development; compact mixed -use development in the Town center that enhances the quality of the built environment and provides additional opportunities to live, work, shop and play in the City and redevelopment of any, remaining obsolete commercial and beachfront development. 1B. The City shall encourage the .-bly of high deRsity and eemmeF60al prepekhes tepFqmete URified plaRRORg—and esigR of sites,, #9 per mixed use and dwst ^^mm^r^ia' development with shared parking, to support high .JeRsity and intensity .J.,,•.,l...,.,- eRt that . transit ridership and reduce vehicular access points ^d- emi.reulatieR impaGts on adjacent pFepeF*i^s and roadways. 1C. The City shall coordinate with the private sector through mobilization of public and private resources to encourage the redevelopment of properties within the Town Center to achieve a balance of land uses which promote efficient provision of City services, generation of revenues which cover the cost of those services and a mix of employment and housing opportunities consistent with the Town Center concept. 1D. The City shall promote and support within the Town Center and Neighborhood Commercial Centers a mix of land uses that are mutually supportive and interdependent and create a positive relationship between housing and employment opportunities to reduce automobile transportation needs and impacts. FUTURE LAND USE Page 110 426 2030 0� 1E. To foster and promote the community wide appeal and relevance of the Town Center to residents and visitors, support shall be provided to redevelopment that incorporates a live/work/play orientation of uses that create a focal point of activity for a diverse range of age groups, economic levels and cultural interests. 1F. To better serve neighborhoods and support the Urban Village strategy, the City shall encourage and support the redevelopment of commercial nodes located adjacent to neighborhood entrances through district regulations that promote neighborhood businesses serving limited commercial and personal service needs of the immediate area, which incorporate the design of enhanced pedestrian facilities and linkages providing direct neighborhood access and buffering to sensitively blend with neighboring residential uses. 1G. The City shall continue to coordinate as appropriate with the private sector to encourage adequate and efficient provision of on -site parking, expanded on - site landscaped open space, increased view corridors and additional public cross access corridors to public beaches. 1H. The City shall continue to coordinate as appropriate with the private sector maFket suppek fefto encourage commercial redevelopment west of Collins Avenue;. 11. The City may permit, where appropriate, the transfer of development rights from lands aeguiFed by Fnunieipal geyeFRmeRt dedicated for public uses to development sites within the Town Center and commercial and resort districts abutting Collins Avenue to promote the redevelopment and unified planning of these areas in accordance with this Plan. 1J. The City may authorize and regulate accessory apartments on low -density residential parcels with the objective of providing affordable housing opportunities while protecting the neighborhood character, subject to further limitations within the land development regulations. 1K. Public facility and service providers shall give priority to eliminating any infrastructure deficiencies to facilitate in -fill development and rehabilitation or redevelopment of existing, obsolete development. FUTURE LAND USE Page 111 427 [Map to be deleted as part of amendmentl CITY OF \S I S to r City of Sunny Isles Beach Future Land Use Map 2016-2030 Corporate City Limits LL Low Density Residential Low to Medium Density Residential Medium Density Residential Medium to High Density Residential Mixed Use- High Density Resort Mixed Use - Business Neighborhood - Business Community Facilities Recreation - Open Space Conservation Town Center - North Town Center - South Water This map or any other map found on the City, webs1te, are not official maps ofthe City of Sunny Isles Beach unless approved by the Department of Economic Opportunity (fbrmarty known as Department of Community Affairs). Official Cilys maps can be found at the Oirce of the City Clerk or at the Department or Economic Opportunity. N IN E a 0 0.25 0.5 Miles Date: 10-18-2022 Map:PZ068 �;g z"d 1A "W" 2030 t ru i umr- LtAimili uar- rdgtf I IL 428 2030 Decisions regarding the location, extent and intensity of future land use in the City of Sunny Isles Beach, and urban redevelopment in particular, will be based upon the physical and financial feasibility of providing all areas with services at levels of service which meet or exceed the minimum Level of Service standards adopted in the Capital Improvements Element. Policies 2A. All development orders authorizing new, or significant expansion of existing, urban land uses shall be contingent upon the provision of services at or above the Level of Service standards specified in the Capital Improvements Element. 2B. The City of Sunny Isles Beach shall maintain and enhance, as necessary, impact fee and comparable programs and procedures to require all development, regardless of size, to contribute its proportionate share of capital facilities, or funds or land therefor, necessary to accommodate impact of the proposed development or increment of redevelopment over and above preexisting development on a site. The City of Sunny Isles Beach shall periodically review and update fee schedules to ensure that all public marginal costs are appropriately recognized, and that fee structures reflect pertinent variability in facility usage. 2C. The City of Sunny Isles Beach agencies shall coordinate projects to construct or repair infrastructure such as roadways, drainage and utilities in order to minimize the disruption and inconvenience caused by such construction activities. 2D. The City of Sunny Isles Beach, through the Land Development Regulations will coordinate the land uses and future land use changes with the availability of water supplies and water supplies facilities. The location, design and management practices of development and redevelopment in the City of Sunny Isles Beach shall ensure the protection of natural resources and systems by recognizing, and sensitively responding to constraints posed by soil conditions, topography, water table level, vegetation type, wildlife habitat, and hurricane and other flood hazards. Policies 3A. Development orders in the City of Sunny Isles Beach shall be consistent with the goals, objectives and policies contained in the Conservation and Coastal FUTURE LAND USE Page 113 429 C-f' � 2030 Management Elements of this Plan, and with all applicable environmental regulations. 3B. All significant natural resources and systems shall be protected from incompatible land uses, including the Intra-coastal Waterway, coastal wetlands and mangrove areas and reestablished coastal dune systems and vegetation. 3C. The City of Sunny Isles Beach shall not increase maximum densities and intensities in the Coastal High Hazard Area beyond that which is permitted in the Comprehensive Plan and Land Development Regulations as of May 1, 2016, including bonuses and transfer of development rights provided therein. The provision of facilities and services to accomplish the timely evacuation of the City's residents in advance of approaching hurricanes shall be a priority of the City of Sunny Isles Beach's transportation planning and hurricane preparedness programs. 3D. Bulkhead repair or construction shall include the placement of rip -rap except where placement would be a hazard to navigation, or public safety, or would preclude continued public recreational uses. Alternatives to rip -rap, such as an area of wave- absorbing material built into a seawall, shall be evaluated for use in places where rip- rap is not practical or safe, and where boat wakes create hazards to navigation. 3E. A wide range of public water -oriented opportunities shall be provided at the water's edge within the coastal areas in the City of Sunny Isles Beach. Through its Development Review process, the City shall continue to afford greater visual and physical public access to the beach and Intra-coastal Waterway. 3F. The City shall place a high priority on maintaining existing water -dependent uses (i.e., uses which cannot exist or occur without association with coastal or estuarine water masses), and water -related uses by the public by identifying appropriate, environmentally compatible areas for such activities. Priority will be given in land planning by the City for water -dependent land uses along the shoreline. 3G. New developments along the beach and Intra-coastal Waterway at a minimum should include environmentally compatible shoreline access facilities such as walkways, piers, and viewing areas with landscaping grouped or spaced for views of and from the water. 3H. The use of causeways, road rights -of -way and canal easements at shorelines shall be expanded wherever possible and additional sites sought to provide public access for water -related activities. FUTURE LAND USE Page 114 B-19 2030 31. No filling, spoiling or placement of structures in or over coastal or estuarine waters shall be permitted to diminish water surface areas that have been traditionally and intensively used by the general public for activities such as fishing, swimming, and boating. 3J. Only those floating or fixed structures which are water dependent and are allowable under all State and local laws shall be permitted in, on, over or upon coastal or estuarine waters. 3K. No advertisements or signs except Florida Department of Environmental Protection, U.S. Department of the Interior or U.S. Coast Guard approved signs, shall be erected on, over, or upon estuarine or coastal waters. 3L. Development regulations shall require dumpsters, trash transfer stations, gas pumps for automobile fueling, parking lots and all unsightly non -water dependent or water related uses on uplands within the Coastal Area to be placed away from the shoreline, and buffered from view from the water, public rights of way and adjoining properties. 3M. Development and redevelopment activities within the City shall be limited to those land uses that have acceptable risks to life and property. The basis for determining permitted activities shall include federal, State, and local laws. 3N. The City of Sunny Isles Beach shall should encourage undeveloped land in areas most vulnerable to destructive storm surges to be developed for public and private recreational uses and open space, including restoration of coastal natural areas. 30. The construction or operation of new non -water dependent industrial facilities that would generate, use or handle more than 50 gallons of hazardous wastes or materials per year shall be prohibited in the Coastal High Hazard Area. 3P. Applications for rezoning, zoning variances or subdivision approvals for all new development in areas subject to coastal flooding shall be reviewed for emergency evacuation, sheltering, hazard mitigation, and post -disaster recovery and redevelopment. The City of Sunny Isles Beach shall, continue to reduce the number of land uses which are inconsistent with the uses designated on the Land Use Plan Map and interpretive policies, orwith the character of the surrounding community. Policies FUTURE LAND USE Page 115 431 Y�.t.1♦ 2030 4A. When evaluating compatibility among proximate land uses, the City shall consider and balance such factors as noise, lighting, view corridors, glare, vibration, odor, runoff, access, traffic, parking, height, bulk, scale of architectural elements, landscaping, hours of operation, buffering, and safety, as these characteristics apply to allowable uses and intensities on adjacent parcels. as applicable. Large seale develepweRt aleng the eeCe.aAfreent ap- 4B. Uses designated on the Land Use Plan Map and interpretive policies, which generate or cause significant noise, dust, odor, vibration, or truck traffic shall be protected from damaging encroachment by future approval of new incompatible uses such as residential uses. 4C. Residential neighborhoods shall be protected by minimizing intrusion of uses that would disrupt or degrade the health, safety, tranquility, character, and overall welfare of the neighborhood by mitigating such impacts as excessive density, noise, light, glare, odor, vibration, dust or traffic. 4D. Potentially incompatible uses, on adjoining sites, shall utilize design solutions and buffering to mitigate potential negative impacts on neighboring sites. Uses uvhich are suppertive but—petentially incompatible shall be peFmitted adjoining site-6 A-F distriects enly wheFe pFopeF design sel-itions eap and will he used to integrate the —eempetible—elea}e.AtS ,serany --petemially 4E. All land development regulations shall be consistent with, and implement, the Comprehensive Plan Land Use Plan Map and interpretive policies. 4F. Through its planning, regulatory, capital improvements and intergovernmental coordination activities, the City of Sunny Isles Beach shall seek to ensure that suitable land is provided for placement of utility facilities necessary to support proposed development and redevelopment. Necessary utility facilities may be located throughout The City of Sunny Isles Beach in all land use categories. 4G. Government facilities shall be permitted in all Land Use Districts except Conservation, to the extent that the facility is compatible with proximate land uses in accordance with Future Land Use Policy 8D.4H. Although there are currently no military installations within or proximate to Sunny Isles Beach, the City shall adhere to State statutory requirements to ensure compatibility of new development and redevelopment with military operations if a military installation is located within or within one-half mile of its boundaries in the future. FUTURE LAND USE Page 1 16 432 2030 ' All public and private activities regarding the use, development and redevelopment of land and the provision of urban services and infrastructure shall be consistent with the goal, objectives and policies of this Comprehensive Plan , the adopted Population Estimates and Projections, and: the future uses provided by the adopted Land Use Plan Map and interpretive policies. Policies 5A. The Land Use Plan Map and interpretive policies contained in this Element provide standards for allowable land uses, and densities or intensities of use for each land use category, and is declared to be an integral part of these adopted Land Use Policies. 5B. All development orders authorizing a new land use or development, or redevelopment, or significant expansion of an existing use shall be eeRt gent consistent with the goals, objectives and policies of the Comprehensive Plan, including the adopted Land Use Plan Map and "Land Use Implementation" provisions of this Element. The City Planner, or other, designee of the City Manager, and the City Attorney shall be the principal administrative interpreter of the Comprehensive Plan. 5C . All planning activities pertaining to development and redevelopment and the provision of public services and facilities in the City of Sunny Isles Beach shall be consistent with the "Population Estimates and Projections" outlined below, as they are periodically amended and updated. 2010 2014 2020 2025 2030 2035 2040 2045 City of 20,832 21,698 2'141 2A�A1 25,362 26,'37 25,245 25,662 Sunny 23,386 24,151 24,752 Isles Beach MffiaFni_ Dade noc nc� �-rivrs- c1 o cn2 r-o�.-.roar Too n�o z--roo7o-i� zc�-�r�ro 22 nn� 428 a ncc con av-✓v�vv� --- 3,220,718 Source:http://flhousingdata.shimberg.ufl.edu/comprehensive-plan- data/results?nid=4374 1 Source: Estimates of Population by the City and County in florida: Aprill, 2014, Bureau of Economic and Business Research, University of Florida FUTURE LAND USE Page 117 433 2030 (V The City of Sunny Isles Beach shall continue to require, as appropriate and feasible, that all new development and redevelopment in existing planned transit corridors is planned and designed to promote pedestrian and transit use. Policies 6A. On all streets served by mass transit and on all arterial or collector streets designated in the Transportation Element as potential service areas: i) New non-residential buildings and substantial renovations of existing nonresidential buildings, wherever practical, shall provide at least one full- time building entrance that is recognizable and accessible from the street and is comparably as close to the street and/or bus stop as it is to the primary parking lot; and ii) New residential and non-residential developments and redevelopment shall provide for buildings that front the transit street, or provide streets or pedestrian connections that intersect with the transit street in close proximity to bus stops and, as appropriate, shall provide for new bus stops and/or pullouts. 6B. In road construction and reconstruction projects, roadway designs shall protect and promote pedestrian comfort, safety and attractiveness in locations where the Land Use Element seeks to originate activity along road frontages, such as in areas planned for community- or neighborhood -serving businesses and transit stop locations. Such measures should include, wherever feasible, wide sidewalks, and abundant landscaping at the street edge. Additionally, boulevard section designs should be utilized where appropriate, with frequent opportunities for pedestrians to safely cross the through lanes, and right of way to facilitate these designs should be reserved or acquired where necessary. 6C. The City shall support efforts to provide water taxi service at appropriate locations, and to ensure pedestrian, bicycle, automobile, and transit access to this service. The City of Sunny Isles Beach shall maintain a process for periodic evaluation of the Land Use Plan Map and implementing Land Development Regulations, consistent with the adopted Goals, Objectives and Policies of this Plan. FUTURE LAND USE Page 118 434 2030 0-� Policies 7A. The City of Sunny Isles Beach shall strive to accommodate development in suitable locations and intensities which reflect such factors as recent trends in location and design of residential units; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers, in particular within the Town Center; the character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. 7B. Through its planning, capital improvements, economic development, regulatory and intergovernmental coordination activities, the City of Sunny Isles Beach shall continue to protect and promote tourism as a viable economic use of land. 7C. The maintenance of internal consistency among all Elements of the Comprehensive Plan shall be a prime consideration in evaluating all requests for amendment to any Element of the Plan. Among other considerations, the Future Land Use Map shall not be amended to provide for additional intensification of urban development unless multi -modal transportation facilities, hurricane evacuation routes and evacuation times, water, sewer, solid waste, drainage and park and recreation facilities necessary to serve existing and proposed development are included in the plan and the associated funding programs are demonstrated to be viable. 7D. Applications requesting amendments to the Land Use Plan Map shall be evaluated as to consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in particular the extent to which the proposal, if approved, would: i) Satisfy a deficiency in the Land Use Plan Map to accommodate projected population or economic growth of the City; and / or ii) Enhance or impede provision of services at or above adopted Level of Service Standards; and / or iii) Be compatible with abutting and nearby land uses and protect the character of established neighborhoods; and / or iv) Enhance or degrade environmental or historical resources, features or systems. The City of Sunny Isles Beach shall adopt, maintain, update and enhance development regulations and procedures to ensure that future land use and development in the City of Sunny Isles Beach is consistent with the Comprehensive Plan, and to promote well planned development and redevelopment and well -designed buildings. FUTURE LAND USE Page 1 19 435 2030 Policies 8A. To maintain consistency between the City of Sunny Isles Beach's development regulations and comprehensive plan, the City shall review proposals to adopt or amend development regulations for consistency between said proposals and the Comprehensive Plan, as required by Chapter 163, F.S. 8B. The City of Sunny Isles Beach shall adopt, maintain, and enhance as necessary, regulations consistent with the Comprehensive Plan which govern the use and development of land and which, as a minimum, regulate: i) Land use and development consistent with the Comprehensive Plan Land Use Element and Comprehensive Plan Level of Service Standards; ii) Subdivision of land; iii) Protection of beaches, shorelines and surface waters; iv) Areas subject to seasonal or periodic flooding; v) Storm water management; vi) Protection of environmentally sensitive lands; vii)Community Appearance, Signage, and News racks conformity; viii) On -site traffic flow and parking to ensure safety and convenience and that no avoidable off -site traffic flow impediments are caused by development; and ix) Impact fees for parks, police, fire/rescue, public buildings, traffic and roadways, mass transit and water/sewer systems. 8C. The City of Sunny Isles Beach shall maintain and enhance as necessary methods, standards and regulatory approaches to facilitate sound, compatible mixing of uses in projects and the community. 8.D - Reserved. 8 The G-ity land- r--.A- bility based A-.n the rurite-ria eutli.p.ed -0. will eanside-F use at e 6aedWse abjestive 4 Fn pate .*R PAN ies4�' A—�—i��esar�ee wkh the and R�Mrzm��szr..rerA- . FUTURE LAND USE Page 120 436 2030 - Tr.,ffir frem higher intensity he diree+ed frem lower 0 MeRsi y u ,esp uses should- away • e potentiale.,F May have s, ...i g lie++h a istieadjaeeRt uses, .�hieh m he mitigates +r gh ppejee+ desigRj he strengly mitigated to n n+ i e+ J aeeRt usesi an a 8E. The City of Sunny Isles Beach shall maintain and enhance as necessary development regulations to promote building designs in multi -family residential zoning districts which are sensitive to neighboring single family neighborhoods, and to establish minimum overall densities for development in multifamily residential zoning districts. 8F. The City of Sunny Isles Beach shall maintain and enhance as necessary development regulations to create business zoning districts which serve the commercial and personal service needs of the City's residential and tourist areas and which will be compatible with nearby residential and tourist areas. 8G. The City of Sunny Isles Beach shall maintain, enhance as necessary and enforce provisions in its land development regulations to protect single- family residential areas. 8H. The City of Sunny Isles Beach shall seer -maintain, enhance as necessary, and enforce provisions in its land development regulations to authorize and regulate home businesses as a subordinate, accessory use #Rto single-family resideneesdwelling units. Primary objectives of this regulation shall be to provide residents with opportunities for employment within their homes, to reduce home -to -work automobile trips and to protect the single-family residential character of the neighborhood, including its single presidential appearance and tranquility. Toward this end, this regulation shall carefully eeptFel swel; uses, and- SAP-WLS-W-r-es-usedfeTt#is pwFpese, +hr^„eh the establishment a clear, enforceable standards that are consistent with F.S.559.955, as may be amended from time to time. er a+l,er .,FF.,e+ of +l,e Y,-.+iA +A h., i dieter-Aa We A-1-It-rid-P- the i peFl its, anc'fir—r�.�crsimeSS—iieenses; among ether FequiremeRtS aS FRay he Reeessap,+e aGeemplish the puppeses of+hie pelie., 81K81. Building, zoning and housing codes will be vigorously enforced in all areas of the City of Sunny Isles Beach. PeliqyvmR-eefl-,; to h-P rfflun„vC'fC�— nrdigonr-p 2016 non FUTURE LAND USE Page 121 437 2030 * RL8J, The City's Arts -in -Public Places Program shall facilitate the selection, commissioning and placement of works of art including: • Sculptures marking entrance features; • The integration of public art with streetscape furniture; • Commemorative art for public squares, parks and civic facilities; • Changeable public art in the dorm of seasonal graphics and civic event banners and urban wall mural displays; • A City Lights Program to encourage aesthetic lighting enhancements of public facilities, architecture, public street landscaping, City entrances, urban Village entrances, and seasonal lighting displays. Energy efficient and climate change resilient development shall be accomplished through land use patterns, development standards, site planning, landscaping, building design, and multi -modal transportation systems. Policies 9A. The City of Sunny Isles Beach shall facilitate contiguous urban development, infill, redevelopment of substandard or underdeveloped urban areas, mixed - use activity centers with a priority for the Town Center, mass transit supportive development, and mixed -use projects to promote energy conservation. 9B. Updated green design guidelines and development standards shall be incorporated as appropriate in the land development regulations.0 as they 9C. The City of Sunny Isles Beach shall promote energy conservation by adopting regulations and providing incentives to builders, remodelers, and residents to implement Florida Green Building Coalition, the Leadership in Energy and Environmental Design (LEED) green building rating system, or other acceptable environmental standards. 9D. The City shall investigate incentives for developers and building owners to incorporate energy efficiency and other conservation measures that meet recognized green building standards into the design, construction or rehabilitation of their buildings. FUTURE LAND USE Page 122 438 2030 9E. The City shall seek to improve the climate change resiliency of new and existing buildings through the inclusion of resilience and adaptation strategies in the Land Development Regulations and building code by 2020. Maintain and improve the quality of the beach's natural and man-made environment beach access, and ocean view corridors while continuing to promote compatible beachfront development on remaining underutilized parcels. Policies 10A. Ensure that new developments along the beach provide the necessary on -site amenities to accommodate the needs of residents and/or guests. 1013. Consistent with maintaining view corridors and promoting compatible relationships with adjacent properties and the beachfront, encourage and support increased front setbacks of new structures east of Collins Avenue to provide expanded public pedestrian circulation space, reduce building scale impacts and provide for additional buffering and landscape enhancements to assure a high quality environment along the Collins Avenue corridor. z The reshaping of the high density Collins Avenue Corridor in the next ten years will establish much of the City's character for several future generations. FUTURE LAND USE Page 123 439 2030 10C. Prohibit free-standing commercial development east of Collins Ave, except for hotels and resorts with internalized commercial uses. 10D. Encourage development that maintains Sunny Isles Beach's support and accommodation of permanent and seasonal residents and tourists east of Collins Avenue with supportive retail and commercial development west of Collins and along Sunny Isles Boulevard. 10E. Address erosion, potential climate change effects, and other challenges to the quality of the beach's natural and man-made environment through the implementation of beach renourishment, dune restoration, and other programs in cooperation with Miami -Dade County and the State of Florida, proximate coastal communities, and other agencies as appropriate. Provide for a high quality built environment in Sunny Isles Beach through urban design, landscaping, public art, parks and open spaces, the maintenance and enhancement of view corridors, active design guidelines, and other mechanisms Policies 11A. l3y2017, the —The City of Sunny Isles Beach may develop an urban design manual establishing design guidelines. This manual will provide additional criteria for use in review of all new residential, commercial and tourist development within the City of Sunny Isles Beach. To the maximum extent feasible, these guidelines and associated development and design review processes shall be incorporated into the land development regulations, and 3 The Civic Center and City Hall Complex will set a dramatic new standard for architectural and urban design that must be extended to all new development along the 167th Street entrance to the City. FUTURE LAND USE Page 124 440 2030 1 0-f- shall include including provisions for: i) Open space in the form of squares, plazas, or green areas in residential and business zoning categories; ii) A diversity of uses, including designs that have a mixture of retail, residential, office, institutional and service business uses; iii) Diversity of housing and construction types; iv) Parking requirements for all zoning districts to allow and retain on -street parking where appropriate, and to encourage off-street parking in the rear of properties; v) A hierarchy of street types and designs, ranging from pedestrian and bike paths to boulevards that serve both neighborhood and areawide vehicular and trip making needs by addressing cross sections, corner radii, connectivity and rationality of street and pathway networks, and balanced accommodation of automobiles, pedestrians, bicyclists, and landscaping. vi) Design guidelines for building facades, landscaping and signage throughout the City; vii) Gateway and neighborhood entrance treatments throughout the City; viii) The design of on -site parking facilities and shared parking where practical, in conjunction with commercial developments. ix) The redevelopment of waterfront properties; x) An improved pedestrian and multimodal environment that encourages activity on the west side of Collins Avenue and at other appropriate locations 11B. By 2920, theIhe City of Sunny Isles Beach will consider adoption of land development regulations to facilitate well planned development and redevelopment and well -designed buildings in accordance with the urban design manual referenced in Policy 11A. 11C. The City shall seek to provide or require open space, parks and view corridors at appropriate locations in order to provide urban relief and reduce the real and perceived negative impacts of high density development. In addition, the City will consider strategies to obtain these effects through street corridor and public space design. 11D. The City, in conjunction with community and neighborhood groups and the private sector, shall seek to implement beautification projects, including public art, to improve the quality of the built and natural environment. FUTURE LAND USE Page 125 441 aw 11E. In conjunction with the development of the Urban Design Guidelines addressed in Policy 11A., the City may consider the development of active design guidelines to promote physical activity and health through enhancements to the built environment by 2017 and to include these guidelines in the Land Development Regulations by 2029. Obiective 12 - Reserved. Improve and expand the City's network of beach access facilities. Policies 3-M13A. Ensure that all existing and future beach access points are fully A.D.A. accessible. -1-K13B. Upgrade existing beach access points with sidewalks, landscaping and restrooms where feasible. FUTURE LAND USE Page 126 442 2030 13-1413C. Retain all beach access easements and enforce all associated parking and use agreements. The Land Development Regulations shall conform to and implement the use, intensity and density standards prescribed for the Land Use Districts provided on the Future Land Use Map, and detailed in policies 1415A. and 14§13. herein. Government facilities shall be permitted in all Land Use Districts except Conservation, to the extent that the facility is compatible with proximate land uses in accordance with Objective 4 and its implementing policies. Policies 14A. The Future Land Use Map shall identify all residential land as one of the following Residential Land Use Categories: Low Density - The residential densities and intensity allowed in this category shall FaRge fFem a ""'ninnu"' of 21.9 tenot exceed a maximum of 6.0 dwelling units per gross acre and F.A.R. of 0.6. This deRsity—category is generally characterized by single family he singresidential uses that include but are not limited to 4e-g-single family detached, elusteF, zero -lot -line and townhouses}. Permitted nonresidential uses are limited to public recreation uses and neighborhood serving community facility uses if authorized in the land development regulations up to a maximum of 0.6 F.A.R. Fuseapart�epis�Ag+th e)(teesiv^ suFrounding epen spaGe 9F a Mixture^f Low -Medium Density - This category allows a density and intensity 4:�+ maximum of 13 dwelling units per gross acre and F.A.R of 0.80. The types of housing typically found in areas designated 'The diversity of Sunny Isles neighborhoods and its people is its greatest strength, especially in a time of rapid change in a multi -cultural region 5 Town Center Public Space Design and distinctive architectural statements can form a major part of the City's identity & image. FUTURE LAND USE Page 127 443 2030 ;o low -medium density include single family homes, duplexes, and townhouses .,d ^..,_ris^ ..r+.. entr. 2ere lot 4Fne Sipgie family dl^^ ^+s in this eategeryshall net exceed a deRs+ty of 10.0 dwelliRg WRits ac--rePermitted nonresidential uses are limited to public recreation uses and neighborhood serving community facility uses if authorized in the land development regulations up to a maximum FAR of 0.8. Medium Density - This category autheFizes apartment ",,;ld-iRgs FangiRg fF Iteallows a density and intensity maximum of 25 dwelling units per gross acre and FAR of 1.0. This category is generally characterized by low and mid - rise multifamily developments (townhouses and low and mid -rise apartments) Utility, +;^^S faGA4+,^_ and -and recreation facilities serving the surrounding residential area are also allowed. Medium -High Density -This residential use category allows a FaRge i^ d^^c'+ densities and iRteRsitf-intensities 4e4:A +,.,,^+., f'.,^ r'� jp to a maximum of fifty (50) dwelling units per gross acre and a naa*inatH;q-floor area ratio of 2.0. Addit+enal A maximum density and intensity may be allowed up to a reams deny of 60 units per rg oss acre and an F.A.R. of 2.5 may be permitted e4Y for ���,enrdevelopments that comply with bonus program requirements in eempli^^^^ •••'+"the Land Development Regulations. A 44km a4A maximum density t�of -e-sixty-five (65) dwelling units per acre may be obtained with the affordable housing bonuses as set forth in the Land Development Regulations. This category is generally characterized by mid to high-rise multifamily developments , , and may include the following non- residential uses: ancillary convenience retail services serving the principal residential use, utilities publicly owned recreation buildings sty -and TeeFeatk�„-facilities, playgrounds, playfields, and parks scaled to the needs of the surrounding neighborhood, and schools serving the surrounding residential area. The height of buildings, and, therefore, the attainment of densities approaching the maximum, depends to a great extent on the dimensions of the site, conditions such as location and availability of services, ability to provide sufficient off-street parking, and the compatibility with and impact of the development on surrounding areas. 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 @6 Set fellh in Pelie , 15Q FUTURE LAND USE Page 128 444 ........... 2030 - Mixed Use - Resort / High Density: This category is designed to encourage development and redevelopment within the area east of Collins Avenue for resort style developments catering to tourists and seasonal residents (h hotel apartments hotel, apartment hotels, Pa, —as well as "'residential apartments. Conference facilities and Retailretailuses such as restaurants, ^^^F^F^^^^ F^^o'ities and other convenience services and specialty goods -_are permitted provided they are ..pte r al—@md--accessory to the hotel "^-s^r* development. Utility, communications, community and recreation facilities serving the community are also allowed. This category allows ae maximum as -of -right density of:a ma)(iffl o erne -One hundred (100) hotel —apartment hotel units per rg oss acre and #i#ty Fi(50) dwelling units per rg oss acre for apartments an 4—aThis category allows a base floor area ratio (F.A.R.) intensity of 2.5 without the application of bonuses and/or transfer of development rights. The allowable number of hotel rooms is controlled by the floor area ratio. Additional residential density and F.A.R. intensity may be permitted for developments that comply with bonus program requirements. Residential densities with bonuses PAa�-shall not exceed eighty (80) units per gross acre for solely apartments and one hundred twenty five (125) units per gross acre for ht#P1 apartments hotels, exclusive of lockout eats.rooms. A maximum F.A.R. with bonuses may not exceed 4.6. The maximum permitted density and intensity in this category with bonuses and transfer of development rights is 104 dwelling units per gross acre for apartments, 162 apartment hotels per gross acre, and a F.A.R. of 5.98. Town Center - The Town Center designation is a planned development district, also known as an overlay land use, that encompasses both underlying commercial and residential land use categories in the Future Land Use Map. This designation indicates that it is the policy of the City and governmental agencies to encourage and support Town Center development in the designed area in accordance with the following interpretative text. The Town Center is encouraged to become the hub for future urban development intensification around which a more compact and efficient urban structure will evolve. The Town Center is intended to be a moderate to high intensity design -unified area which will contain a concentration of different urban functions integrated both horizontally and vertically. The FUTURE LAND USE Page 129 445 2030C4 center will be characterized by physical cohesiveness, direct accessibility by mass transit services and high quality urban design. The Town Center is located to have direct connections to the 167" Street Causeway and Collins Avenue to ensure a high level of accessibility to the northeast Miami -Dade/ bi-county area. It is a primary objective of the Town Center to foster a regionally competitive business and activity center for cultural activities and entertainment, visitor services, dining, financial services, specialty goods and services, professional office and niche businesses servingthe North Dade and Broward County Areas. Incorporation of residential uses is encouraged. The Town Center location, and the configuration of land uses within them is designed to encourage convenient alternatives to travel by automobile, to provide more efficient land use than recent suburban development forms and the prevalent strip commercial projects, and to create an identifiable social and economic core for the diverse neighborhoods of Sunny Isles Beach and adjacent areas. The Town Center should contain businesses, employment, civic, public and private education facilities and/or high or moderate density residential uses with a variety of housing types and within walking distance of the Town Center core. A balanced mix of primary uses including retail, office and residential should be provided within developments greater than 3 acres in size by committing not more than 70% of a project gross floor area ratio (FAR) to any one of the three uses. Both large and small businesses are encouraged in these centers, but primarily moderate sized businesses which serve, and draw from, the nearby community and the visitor population along the beaches. Transit and pedestrian mobility will be increased and area -wide traffic will be reduced in several ways: proximity of housing and retail uses will allow residents to walk or bike for some daily trips; provision of both jobs, personal services and retailing within walking distance of transit will encourage transit use for commuting; and conveniently located retail facilities will accommodate necessary shopping during the daily commuting periods or the lunch hour. The Town Center is divided into two overlay development districts, the Town Center North and Town Center South Overlays, as depicted on the Future Land Use Map. In the Town Center South Overlay, a base density of 75 dwelling units per gross acre and a base Floor Area Ratio (FAR) intensity of 3.5 shall be allowed. Additional density and FAR intensity may be permitted in the Town Center South Overlay for developments that comply with the Transfer of Development Rights according to Policy 14 C of this element. Additional FAR intensity and density may be permitted in the Town Center South Overlay for developments that comply with the bonus programs and requirements FUTURE LAND USE Page 130 2030 according to the City's Land Development Regulations. In no event shall the Floor Area Ratio (FAR) intensity in the Town Center South Overlay exceed 5.20. Town Center Design Emphasis in design and development of the Town Center and all individual components shall be to create active pedestrian environments through high quality design of public spaces as well as private buildings, human scale appointments, activities and amenities at street level; and connectivity of places through the creation of pedestrian concourses, through -block walkways, and linked courtyards and terraces that invite exploration and social interaction. A central square or plaza that becomes a primary organizing element for focusing pedestrian circulation is important to creating both a symbolic and actual crossroads environment fundamental to the function of the town center. - Streets within the urban center shall be designed for pedestrian mobility, interest and comfort as well as vehicular mobility. The placement and spacing of public streets should generally form blocks sized and related to the surrounding grid so as to provide walking routes through the center and between destinations in the center that are direct and short. Shared parking is encouraged. Reductions from standard parking requirements shall be authorized where there is a complementary mix of uses on proximate development sites. Parking structures are preferred to surface lots but should be integrated into primary use structures and incorporate other uses at street level such as shops, galleries, offices and public uses. Buildings and site landscaping shall be built generally to the sidewalk edge in a manner that frames the adjacent street to create a public space in the street corridor that is approximately as wide as the enclosing walls are high. Blank walls at street level are restricted and should have multiple windows and doors with weather protection in high traffic pedestrian areas. The Town Center should be intensively developed to assure a critical mass of activity, retail selection, range of services and a resident and employment 6 Business, urban, street oriented, professional & international are some themes that could apply to a redeveloped Sunny Isles. With a population soon to reach 15,000 full time residents in only 1.5 sq. miles of City, Sunny Isles is one of the densest communities in So. Florida. A town square is needed. FUTURE LAND USE Page 131 447 }Jrrrlf 2030 population to support, in part, such goods and services and create a destination draw for surrounding market populations. Mixed Use - Business This commercial land use category is intended to provide services primarily for surrounding residential areas, neighboring communities and visitor populations within Sunny Isles Beach in an environment oriented to the pedestrian and adjacent public street frontages. Accommodated are a broad range of retail and business services, professional services, hotel, commercial and professional offices, medical buildings, entertainment, cultural facilities, public and private schools, amusements and commercial recreation establishments. Residential uses are permitted and encouraged to provide a mix of urban housing types that is both livable for residents and supportive of relationships with retail services and employment centers. Within structures, vertical mixes of residential with office and retail are encouraged to further integrate the uses. A balanced mix of primary uses including retail, office and residential should be provided within developments greater than 3 acres in size by committing not more than 70% of a project gross floor area ratio (FAR) to any one of the three uses. Diverse and innovative architectural designs and site plans are encouraged to provide visual diversity and environmental interest to create a unique sense of place and identity. Vehicular parking is limited to surface parking areas principally to the rear and sides of the properties with the majority of parking encouraged to be located within structures integrated into the primary use structures. Development sites with waterfront access along 167th Street are required to provide a pedestrian orientation and associated terrace, plaza and courtyard amenities to extend active uses continuously along the water's edge. Utility, communication and community facilities are permitted. Manufacturing, wholesale, warehouse, distribution and heavy repair facilities are prohibited. Development intensity is limited to a maximum F.A.R. of 2.0. Residential densities are limited to a maximum of twenty-five (25) units per acre. Additional density up to 85 units per acre may be obtained with density bonuses in accordance with the Land development Regulations and the number of hotel rooms is controlled by the Floor Area Ratio. Neighborhood Business FUTURE LAND USE Page 132 448 2030 = This commercial land use category is intended to accommodate retail, business and service uses that serve primarily convenience shopping and personal service needs of surrounding neighborhoods and visitor accommodations. Offices, hotels and professional and business services, community and recreation facilities are permitted. Development intensity is limited to a maximum F.A.R. of 2.0. Residential densities are limited to a maximum of twenty five (25) units per acre and the number of hotel rooms is controlled by the Floor Area Ratio. Additional density and intensity bonuses may be granted for mixed use developments, structured parking, pedestrian amenities and other public purpose objectives as determined by the City. Parking areas shall be screened with landscaping from adjacent residential districts and from adjacent public streets. Water The areas that are designated Water on the Future Land Use map reflect natural and man-made water bodies within the City. These areas provide numerous benefits to the City of Sunny Isles Beach and are an important component of the City's multi -modal transportation network, stormwater drainage infrastructure, and natural and built environments. The use of these areas shall be limited to: recreational and commercial boating facilities and uses (including water taxis and ferries); the provision of open space and urban relief; recreation; waterways; wetlands; flood control; stormwater drainage and storage, and; natural resource protection and enhancement. The use of these areas shall comply with the requirements of Chapter 24, "Environmental Protection..", of the Miami -Dade County Code of Ordinances, the South Florida Water Management District's Environmental Resource Permit criteria, and State criteria for use of sovereign submerged lands. Development in or above areas designated "Water" that will diminish these functions shall be prohibited, and development and redevelopment adjacent FUTURE LAND USE Page 133 449 (1)2030 to these areas shall include provisions to enhance these functions where appropriate. Submerged lands shall not be used for density or intensity calculations unless such lands are within the boundaries of a platted lot. 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,, and adult day care facilities, and; similar uses that generally serve and benefit the community. Up to 25 dwelling units per rg oss acre are permitted for residential care facilities. The maximum FAR fef 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. 14C' . The City of Sunny Isles Beach shall continue to utilize innovative Land Development Regulations to implement the Goals, Objectives and Policies of ' Sunny Isles Beach has always been the liveliest, most colorful and energetic of the beaches, but like Miami Beach, it has to find a way to reinvent itself while maintaining its identity. FUTURE LAND USE Page 134 450 2030 the Comprehensive Plan. Such regulations shall include Transferable Development Rights (TDR) regulations in accordance with the following standards: a) Receiver and Sender Districts shall be designated in appropriate areas, with receiver districts limited to locations within the Town Center, Mixed Use -High Density Resort, Mixed Use - Business, and Neighborhood Business land use categories. b) Mechanisms to enhance the value and marketability of TDR's &4a4-maybe utilized, such as assigning additional density and/or intensity es -to receiver sites. which may exeee4 4a4c Density and intensity on a receiver site shall not exceed the future land use category density and/or intensity limitations set forth in Policy I&Ik14B when a maximum density and/or intensity inclusive of TDRs is stated for a land use category. d) Where a specific density and/or intensity limitation inclusive of TDRs is not specified for a land use category, the maximum density and/or intensity achievable on a receiver site with TDRs shall not exceed an additional thirty percent (30%) of the combined total of the base density and/or floor area ratio stated in the land use category, plus bonuses allowable through the land development code. For example: (Base density and/or intensity established in land use category + Bonuses achieved through the land development regulations) x 1.30 = maximum density and/or intensity with TDRs. In Re ease, HOWEVER, shall the ,density , ..tensity , Fnitted by the land , eategE)F , li.v.i+a+i.,.,< <.,+ in PellGY 199 .,r+he land- .deve! ...... ent e}e In no case shall the resulting density bonus increases on any given receiver site exceed the number of dwelling units attainable on the sender site(s) under these plan provisions so as T9-to assure 49-no net increase in city- wide residential dwelling unit Comprehensive Plan capacities occurs. 4}f1The transfer of development rights from privately owned sender sites must result in the accomplishment of a strategic public purpose that is FUTURE LAND USE Page 135 451 1V11,1V 2030 consistent with the Comprehensive Plan such as the creation of public parks, plazas and/or open space, the conservation of historic, sensitive environmental and archeological resources, the protection and enhancement of waterfront public access corridors not otherwise required or incentivized by the land development regulations, the erection of public parking garages to serve the Town Center or the development of public educational facilities and other essential public facilities. An applicant shall bear the onus to demonstrate a strategic public purpose. Further, the final determination as to whether a proposed transfer of development rights serves a strategic public purposes and whether to grant the transfer of development rights shall be at the sole discretion of the City Commission. This limitation shall not apply to government sites more particularly described in policy above. 24gZSender sites shall be dedicated to public ownership or preserved for public purpose through a conservation easement or other recordable mechanism. Taxes on privately owned sender sites shall be paid until such dedication or recordable mechanism is executed. #41Transfers of development rights from privately owned parcels principally for the purpose of aggregating development rights in another privately owned location deemed geographically preferable or more economically advantageous than the sender site shall not be construed as public purpose. g}LAII transfers of development rights shall require approval by the City Commission at a public hearing with a finding of consistency with the Comprehensive Plan. FUTURE LAND USE Page 136 452 O-- 2030 4}D The City Manager shall maintain a management and accounting system to value, record and track TDR's subject to approval by the City Commission. 1. Development of at least three mixed use redevelopment projects (projects containing some mix of retail, office and residential uses) in the Town Center area between 2015 and 2030 that are consistent with this Comprehensive Plan and that achieve a compatibility score of 1 — 3 as described in Future Land Use Element Policy 8D. 2. The location of lands designated for neighborhood business, or mixed use development containing neighborhood retail, within "Xi mile of all residential areas by 2030. 3. Enough residentially or mixed use land to accommodate a projected 2030 population of 25.362 persons. 4. At least ten acres of designated commercial or mixed use land per 1,000 residents. 5. Development Compatibility Review procedures, and other provisions necessary to implement this Comprehensive Plan, adopted into the Land Development Regulations by 2020. 6. Achievement of transit, pedestrian and bicycle level of service standards in all areas of the City by 2030. 7. At least 30 percent of new development or redevelopment in the City between 2015 and 2030 is LEED-certified, or awarded a comparable green certification. 8. Updated green development standards adopted into the Land Development Regulations by 2020. 9. Adoption of Urban Design Manual by 2017, and associated Land development Regulations by 2020. 10. Provision of environmentally compatible and ADA compliant public access points to the beach at % mile (minimum) intervals by 2030. 11. Policy implementation status. FUTURE LAND USE Page 137 453 2030 FUTURE LAND USE Page 138 454 O� SV �NY~r(FSA F F D�"FLOA\ CF 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 TEXT OF THE FUTURE LAND USE ELEMENT OF THE ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; 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 text amendments to the adopted comprehensive plan are necessary to clarify maximum development allowances (density and floor area ratio) within the established land use categories. Specifically, the Future Land Use Element. For reference, the adopted land development code incorporates the concept of "bonus" development, which increases density and floor area ratio allowances in exchange for public benefit improvements. The current comprehensive plan language does not contemplate these bonus allowances, thereby creating conflicting language between the adopted comprehensive plan and land development code. The primary intent of the proposed text amendments is to clarify the maximum density and intensity for each land use category, for consistency with the land development code. Additional components of Future Land Use Element were updated to reflect the city's current goals and vision and for consistency throughout the plan. A definitions section is also added to define certain terms used throughout the 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") a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: None. W O� 4V�NY~5(f�s �v u - i k e y�"FLO0.\ C.,F ec SUN P�e6 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 M. 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. 456 + F L O �' 4a 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: January 15, 2026 RE: Proposed Comprehensive Plan, Future Land Use Element Text Amendments RECOMMENDATION: Staff recommends adoption of this Ordinance. f[,V:rA*@j► i►'A Through previous planning studies and analysis, it has been determined that text amendments to the adopted comprehensive plan are necessary to clarify maximum development allowances (density and floor area ratio) within the established land use categories in the Future Land Use Element. For reference, the adopted land development code incorporates the concept of "bonus" development, which increases density and floor area ratio allowances in exchange for public benefit improvements. The current comprehensive plan language does not contemplate these bonus allowances, thereby creating conflicting language between the adopted comprehensive plan and land development code. The primary intent of the proposed text amendments is to clarify the maximum density and intensity for each land use category, for consistency with the land development code. Additional components of Future Land Use Element were updated to reflect the city's current goals and vision and for consistency throughout the plan. A definitions section is also added to define certain terms used throughout the plan. Item Number: 8.6 417 ADDITIONAL INFORMATION: Upon approval of first reading of the ordinance on November 20, 2025, the proposed text amendment was transmitted to all reviewing agencies charged with reviewing Comprehensive Plan amendments, per Sec. 163.3184(1)(c), Florida Statutes, 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. The adopted amendment must be transmitted to FloridaCommerce within ten working days after the final adoption hearing or the amendment shall be deemed withdrawn pursuant to 163.318413)(c)2., F.S. Under Section 163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 days after FloridaCommerce notifies the City that the amendment package is complete or, if challenged, until it is found to be in compliance by FloridaCommerce orthe Administration Commission. ATTACHMENTS: Ordinance Exhibit A - FLUE Text Amendment Business Impact Estimate Item Number: 8.6 418