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HomeMy WebLinkAboutReso Upland Property Ownerp r fLp4t S TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Fabiola Stuyvesant, Commissioner March 19, 2026 Resolution Directing the Drafting of an Ordinance to Eliminate the Discriminatory "Upland Property Owner" Beach Event Requirement for Residents RECOMMENDATION: This resolution is presented for your consideration. REASONS: Adoption of this Resolution directs the City Manager and the City Attorney to draft a municipal Ordinance within thirty (30) days that abolishes the current Code requirement forcing residents to obtain an "upland property owner" sponsor to host an event on the public beach. The drafted Ordinance shall ensure that all residents of Sunny Isles Beach have equal, direct access to apply for public beach event permits, regardless of which side of Collins Avenue they reside on. The beaches of Sunny Isles Beach are a public asset, maintained and protected by the tax dollars of every single resident in this City. However, under the City's current Special Event permitting procedure, event permits for the public beach are not issued directly to individuals. Any resident seeking to host a simple gathering —such as a family birthday party on the sand —is legally required to have an "upland property owner" (specifically, an oceanfront condominium or hotel) co-sign, sponsor, or approve their application. This bureaucratic requirement creates a discriminatory, two -tiered system of residency. It effectively bans every single resident living on the West side of Collins Avenue from utilizing their own public beach for private family events, simply because they do not own oceanfront real estate. It grants oceanfront condominium boards the arbitrary power to act as gatekeepers over public land. Item Number: 9.0 418 To correct this inequity, Commissioner Stuyvesant brings forward this Resolution as a formal policy directive. Similar to recent administrative directives, this Resolution does not unilaterally change the City Code today; rather, it directs the Administration to perform the following: 1. Drafting Legislation: The City Attorney is directed to draft an Ordinance that creates a direct -to - resident beach event permitting process for residents, eliminating the "upland property owner" requirement. 2. Strict Timeline: The drafted legislation must be completed within thirty (30) days and placed on the agenda for formal review and first reading at the next regularly scheduled City Commission meeting. By adopting this Resolution, the City Commission is simply authorizing the preparation of the necessary legal documents to modernize our permitting process and restore equal access to the beach. Finally, it must be noted on the public record that a vote against this Resolution is a vote to preserve a segregated system of public beach access. Rejecting this administrative directive would signal to the taxpayers living on the West side of Collins Avenue that this Commission views them as second-class citizens who are required to pay for the maintenance of the public beach but are strictly prohibited from celebrating on it. ADDITIONAL INFORMATION: By removing this discriminatory barrier, the City will likely see an increase in permit application fees from local residents who were previously barred from utilizing the permitting process. ATTACHMENTS: Resolution Item Number: 9.0 419 RESOLUTION NO. 2026 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO DRAFT AN ORDINANCE TO ELIMINATE THE "UPLAND PROPERTY OWNER" REQUIREMENT FOR RESIDENTS SEEKING PUBLIC BEACH EVENT PERMITS; ESTABLISHING A DIRECT -TO -RESIDENT PERMITTING PROCESS TO ENSURE EQUAL ACCESS TO PUBLIC BEACHES REGARDLESS OF RESIDENTIAL LOCATION; SETTING A STRICT 30- DAY DEADLINE FOR LEGISLATIVE DRAFTING FOR PRESENTATION AT THE NEXT REGULAR COMMISSION MEETING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the public beaches of Sunny Isles Beach are a vital municipal asset, maintained, preserved, and protected by the tax contributions of every single resident within the City; and WHEREAS, under the City's current Special Event permitting procedure, event permits for the public beach are not issued directly to individual residents; and WHEREAS, any resident seeking to host a private gathering on the public beach is currently required by City Code to obtain the sponsorship, approval, or co -signature of an "upland property owner" (specifically defined as an oceanfront condominium association, hotel, or commercial property); and WHEREAS, this bureaucratic requirement creates a discriminatory, two -tiered system of residency, effectively banning every resident living on the West side of Collins Avenue —as well as those living in non -oceanfront properties on the East side —from utilizing their own public beach for private family events simply because they do not own oceanfront real estate; and WHEREAS, the City Commission finds that granting oceanfront property owners the arbitrary power to act as gatekeepers over public land is inequitable and contrary to the City's commitment to serving all residents equally; and WHEREAS, the City Commission desires to modernize the municipal permitting process to ensure that all residents of Sunny Isles Beach have direct, equal, and unfettered access to apply for public beach event permits; and WHEREAS, this Resolution serves as a formal, binding directive commanding the City Manager and the City Attorney's Office to commence the immediate drafting of an Ordinance to correct this inequity, ensuring that the Commission and the public have a drafted legislative document to formally review and discuss without unnecessary bureaucratic delay. NOW, THEREFORE, BE IT RESOLVED 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 Resolution upon adoption hereof. @BCL@E0148A1D Page 1 of 2 420 Section 2. Directive to Draft Establishing Legislation. The City Commission hereby directs the City Attorney to draft the necessary Ordinance required to officially abolish the "upland property owner" sponsorship requirement for homesteaded residents of Sunny Isles Beach seeking to obtain a Special Event permit for the public beach. Section 3. Equal Access & Direct Permitting. The drafted Ordinance shall establish a modernized, direct -to -resident permitting framework that allows any verified, homesteaded resident of Sunny Isles Beach to directly apply for and obtain a beach event permit, subject to standard municipal safety, fee, and cleanup deposit requirements, without requiring the permission of any third -party condominium board, hotel, or upland property owner. Section 4. Strict Timeline for Presentation. The City Attorney is strictly directed to complete the drafting of the aforementioned Ordinance within thirty (30) days from the effective date of this Resolution. Said drafted legislation shall be placed on the official agenda and presented to the City Commission for formal review, discussion, and first reading at the very next regularly scheduled City Commission meeting following the 30-day period. Section 5. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED on this 19th day of March, 2026. ATTEST: Mauricio Betancur, CIVIC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney VOTE: Mayor Svechin (yes) (no) Vice Mayor Viscarra (yes) ono) Commissioner Lama (yes) o) Commissioner Joseph (yes) (no) Commissioner Stuyvesant (yes) (no) @BCL@E0148A1D Page 2 of 2 421