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HomeMy WebLinkAboutOrdinance 2026-649ORDINANCE NO. 2026 - �� AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265, ARTICLE V, SECTION 265-11, ENTITLED "PROCEDURES OF GENERAL APPLICABILITY," AND SECTION 26S-18, ENTITLED "ADMINISTRATIVE SITE PLAN REVIEW," OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, TO CLARIFY, UPDATE, AND STREAMLINE DEVELOPMENT APPLICATION PROCEDURES; 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, the City Commission desires to clarify, update, and streamline development application procedures and administrative site plan review standards within the Land Development Regulations to allow for a digital application submittal and reiterate that development projects must maintain conformance with approved site plans; and WHEREAS, the City Commission finds that the amendments set forth herein promote orderly development, provide clearer procedural standards, and further the public health, safety, and welfare of the City; 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 by this Ordinance upon adoption hereof. Section 2. Amendment of Chapter 265, Article V, Section 265-11, and Section 265-18. Chapter 265, Article V, Section 265-11 and Section 265-18 of the Code of Ordinances of the City of Sunny Isles Beach, Florda, are hereby amended as follows: ARTICLE V — Development Review Procedures § 265-11. Procedures of general applicability. B. Application requirements. Every application for a development permit shall be in a form specified by the City and shall be accompanied by a fee, as established from time to time by 1 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 s«w',�� and deletions on second reading are shown as d Page 1 of 4 54 the City, to defray the costs of processing and reviewing the application and the required notice. (Professional fees shall be charged to the applicant in accordance with Ch. 267, Zoning Fees, Art. II, Zoning Application Professional Fees, as may be amended from time to time, after the hearing on the application and must be collected prior to permitting as more specifically described in Subsection M hereinbelow.) The application shall also be accompanied by the required notice. The applicant shall submit 10 Gepies of the application, accompanied by plans, data, or documents specified by the application form. The applicant, at its sole expense, shall timely supply such other additional copies as may be required by the City. § 265-18. Administrative site plan review. E. Site plan submission requirements. An application for site plan review shall include 15 gets plans containing the following: • J" - - -FMEM L-K. Conformance with approved site plans. Prior to the issuance of a Certificate of Occupancy, wean as -built surveys shall be submitted to the DevelepmeRt Servie-er, Planning and Zoning Department. The built surveys shall in thesa,. a sr_ -al„ as the a ed site plan M la4 In case of any conflicts, the approved site plan shall prevail. A development project must maintain all elements detailed in the approved site plans and conditions of approval in geroetuity. including art components and landscaping. unless a site plan modification is approved pursuant to Section 265-18.1. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be Page 2 of 4 55 renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading the Aay of February, 2026. PASSED AND ADOPTED on second reading the LA —ay of Ma,� 2026 r ATTEST: Mauricio Betancur, CIVIC, City Clerk First Reading Motion:C.p+°Itf Ies-5 I to-1e.. lAt-01 Second: 02 Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 94ati=- Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Second/Reading Motion:uu/ SSI'DN�%Z Nt�"l Second: U,69 - V,`-� iQ Vote on First Reading: Mayor Svechin Mayor Viscarra � (Yes) (No) Vice Commissioner Joseph (Yes) (No) (Yes) :7/� (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) Vote on Second Reading: Mayor Svechin Yes) (No) Vice Mayor Viscarra ,/ (Yes) (No) Page 3 of 4 56 Commissioner Joseph Commissioner Lama Commissioner Stuyvesant (Yes) (No) (Yes) (No) (Yes) (No) Page 4 of 4 57 O� SJxN.,.`rCFSe F E�F LOa�O oA su" 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 V, SECTION 265-11, ENTITLED "PROCEDURES OF GENERAL APPLICABILITY, AND SECTION 265-18, ENTITLED "ADMINISTRATIVE SITE PLAN REVIEW," OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, TO CLARIFY, UPDATE, AND STREAMLINE DEVELOPMENT APPLICATION PROCEDURES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Part I. Summary of the proposed ordinance and statement of public purpose: This ordinance revises the Administrative Site Plan Review section of the Development Review Procedures to accomplish two things. The first is to modernize the process to allow for a fully digital review. The ordinance eliminates the requirement for physical copies of application documents to be submitted, unless requested by staff or required for the public hearing. Additionally, the requirements to submit a mylar copy of the approved site plan is eliminated. The second is to clarify that constructed development projects must maintain all elements of a site plan approval and its conditions of approval in perpetuity, unless a site plan modification is approved. Part 111. 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. 58 O� SUNNY_SCE�9 vF SUN nNvy 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: None. Part IV. Additional Information (if any): None. 59 cfrr of S�rN ��a 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: March 19, 2026 RE: Amend Land Development Regulations to Clarify Administrative Site Plan Review RECOMMENDATION: Staff recommends adoption of this Ordinance. REASONS: This ordinance revises the Administrative Site Plan Review section of the Development Review Procedures to accomplish two things. The first is to modernize the process to allow for a fully digital review. The ordinance eliminates the requirement for physical copies of application documents to be submitted, unless requested by staff or required for the public hearing. Additionally, the requirements to submit a mylar copy of the approved site plan is eliminated. The second is to clarify that constructed development projects must maintain all elements of a site plan approval and its conditions of approval in perpetuity, unless a site plan modification is approved. ATTACHMENTS: Ordinance Business Impact Estimate Item Number: 8.13 53