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HomeMy WebLinkAboutOrdinance 2026-654ORDINANCE NO.2026 - � AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265, ARTICLE II, SECTION 265-5, ENTITLED "DEFINITIONS," AND ARTICLE V, SECTION 265-17, ENTITLED "SUBDIVISION PLAT APPROVAL," OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 177.071, FLORIDA STATUTES, AS AMENDED BY SENATE BILL 784 (2025) AND TO ALIGN WITH CERTAIN PROCEDURES IN CHAPTER 28 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, in 2025, Senate Bill 784 (SB 784) was enacted, amending Section 177.071, Florida Statutes, which requires municipalities and counties to administratively approve plats and replats, with no further action or approval by the governing body of such municipalities and counties; and WHEREAS, Section 177.071, Florida Statutes, as amended by SB 784, further requires the governing body of a municipality or county to designate by ordinance or resolution, an administrative authority to receive, review, and process plat and replat applications, including designating an administrative official responsible for approving, approving with conditions, or denying the requested plat or replat; and WHEREAS, Section 177.071, Florida Statutes, as amended by SB 784, also mandates certain procedures and timelines for the review, processing, and approval or denial of plat or replat applications; and WHEREAS, Chapter 28 of the Miami -Dade County Code of Ordinances, entitled "Subdivisions," outlines criteria and procedures for waivers of platting requirements, with which the City's Land Development Regulations should be consistent; and WHEREAS, the City Commission desires to amend its Land Development Regulations to 'ensure compliance and consistency with the platting and replatting requirements of Section 177.071, Florida Statutes, and to align with Chapter 28 Miami -Dade County's Code of Ordinances; 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': 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 ', rih and deletions on second reading are shown as d tom. Page 1 of 9 16 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 II, Section 265-5. Chapter 265, Article II, Section 265-5 of the Code of Ordinances of the City of Sunny Isles Beach, Florda, is hereby amended as follows: ARTICLE II — Definitions and Rules of Construction § 265-5. Definitions. PLAN — See "comprehensive plan." PLAT - A map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of this part and of any local ordinances. Also means "replat." PLATTED LOT — A lot, which is identified on a recorded plat. SUBDIVISION — The division of property into twethree or more lots, parcels, tracts, blocks, sites, units or any other division of land, or if the establishment of new streets and alleys is involved, any division of such parcel. The term includes resubdivisions and, when appropriate to the text, relates to the process of subdividing or to the lands or areas subdivided. Section 3. Amendment of Chapter 265, Article V, Section 265-17. Chapter 265, Article V, Section 265-17 of the Code of Ordinances of the City of Sunny Isles Beach, Florda, is hereby amended as follows: § 265-17. Subdivision and plat approval. A. Purpose. The purpose of this section is to establish the procedures and requirements for obtaining approval of a plat of subdivision as defined by F.S. ch. 177. B. Plat required. (1) Whenever land is subdivided in the City, a plat must be recorded in the official records of Miami -Dade County. No plat of subdivision lying within the City of Sunny Isles Beach shall be recorded in the official records of Miami -Dade County until the City GA„ nManager approves the plat. No building permit shall be issued unless the City Manager has approved a final plat and it has been recorded. Page 2 of 9 17 Furthermore, no certificate of occupancy shall be issued prior to the final plat, including the parcel or parcels of land on which a building will be constructed, has been recorded in the official records of Miami -Dade County. (2) A building permit may be issued for an essential governmental facility after plat review where the Citye-A-Manager finds that immediate construction of the governmental facility is essential to the health, safety, or welfare of the public and where the City determines that public facilities and services will be available at the adopted level of service standards concurrent with the impact of development of the governmental facility. A certificate of occupancy shall not be issued until the plat is recorded. C. Conformity to comprehensive plan. The City shall consider no plat application unless the proposed plat is in conformance with the City's adopted Comprehensive Plan. D. Preliminary plat, advice and comments at developers option. Upon request of the applicant and payment of an application fee, a preliminary plat may be reviewed by the DevelepmeRt ServirC^SPlanning & Zoning Department. The comments and advice of staff, however, shall not be binding on the City or be construed to create any right for the developer to rely on said comments. Review of a preliminary plat shall be done in a reasonable time with specific notice to the developer as to what constitutes a reasonable time under the existing facts and circumstances at the time of submission. E. Final plat review. All final plats must be submitted to the City GemMiS Planning & Zoning Departmentfe e . No final plat, however, shall be sc6hed-ed fer said considered for approval until the plat and all supporting documentation required under this section have been received by the staff and reviewed under the authority contained in this chapter. No application for final plat will be accepted by the City without approval of a corresponding tentative plat by Miami -Dade County. The final plat shall have incorporated all changes or modifications as required to make the tentative plat conform to City and Miami -Dade County requirements. The n. yel rm eRt c ~„;eesplanning & Zoning Director shall submit the report to the City Manager, for considerationtransRqi#aa to the Gity GemmissieA. The City GemmissieR.Manager shall approve the final plat, as recommended by staff, if the plat is found to be in conformance with these regulations. (1) Format of final plats. A land surveyor registered in the state shall prepare the final plat. The final plat shall be clearly and legibly drawn to a sheet size of 30 inches by 36 inches and to a scale of sufficient size to be legible, with letters and numbers to be no smaller than 1/8 of an inch in height. The final plat, insofar as preparation is concerned, shall comply with all applicable regulations and state laws dealing with the preparation of plats. (2) Final plat application requirements. The final plat and application shall be filed with the DevelopmeRt Sep Air -es Planning & Zoning Department on forms provided by the Department. The application shall be submitted along with the required number of copies and an application fee as established by the City. Within seven (7) business days after receipt of a slat submittal. the Plannine & Zonine Department shall provide written notice to the applicant acknowledging receipt of the submittal and identifying any missing documents or information necessary to process the plat for compliance Page 3 of 9 18 with Section 177.091, Florida Statute, as may be amended from time to time. The written notice shall provide information regarding the plat approval process, including requirements regarding the completeness of the process and applicable timeframes for reviewing, approving, and otherwise processing the plat. The recording costs for legal documents and_ fees fee n^+,f,,.aieR shall be paid ^ F to and as a Rditi^, f^. the plat to be Submitted '9F public he ing befeFe the City r,,.,-...-.issi^.,shall be the sole responsibility of the applicant. The following information shall be part of the final plat unless waived by the Planning & Zoning Director: Endorsement of final plat. Upon approval, or approval with conditions, of the final plat by the City GemmissianManager, the final plat shall be executed by the City Manager and attested to by the City Clerk. If the City Manager does not approve the plat, the City Manager must notify the applicant in writing, therein providing the reasons for declining to the approval. The written notice must identify all areas of noncompliance and include specific citations to each requirement the plat submittal fails to meet. The City Mana er shall, for informational purposes only, submit a written report to the City Commission advising of any plat approval, approval with conditions, or denial. The DevelepmeRt ServieesPlanning & Zoning Director shall forward the signed original of the final plat to the applicant for County approval. (1) Effect of dedication. A plat containing dedications of any interest in property, when properly recorded, shall constitute a sufficient, irrevocable conveyance to vest all legal and equitable interests in the parcels of land so dedicated, to be held by the City in trust and the approval of the plat by the City GammissieR Manager shall have the force and effect of an acceptance of said legal and equitable interest. Dedications to the City and the public for public purposes shall vest legal and equitable title in the City. However, nothing herein shall be construed to create any obligation on the part of the City to perform any act of construction or maintenance within a dedicated area unless or until that obligation is voluntarily planned, budgeted and implemented by the City and only for such period of time that the City elects to continue said maintenance. G. Requirements for final City signature. Prior to final City signature upon a plat for recordation,, the developer shall have executed approved agreements if required by the City concerning the payment of the developer's share of required public facilities and any other requirements of the final plat approval. The subdivider shall also provide one or more copies of the final plat, to the City in a format deemed acceptable by the City Engineer. H. Time limitations of final plat approval. The burden is on the property owner to either record the plat within 12 months of City Gemmissie,TManager approval or request an extension of time from the City e,TManager, prior to the 12-month expiration- ^^^ ewtems i . The burden is also on the property owner to record the plat within the time specified by Miami -Dade County. Failure to record within the time specified by either the City of Sunny Isles Beach or Miami -Dade County shall render the approval of said plat null and void. Page 4 of 9 19 Enforcement provisions. (1) Recording of plat. No plat shall be recorded in the public records of Miami -Dade County or have any validity whatsoever until it shall have been approved in a manner prescribed herein and the final plat shall incorporate all changes or modifications required by the City Gernmissien Manager. In the event any such unapproved subdivision is recorded it shall be considered invalid and the City may institute proceedings to have it stricken from the public records of Miami -Dade County, Florida, at the property owner's cost. (2) Permits. The City's Chief Building Official shall not issue any building permit for any structure to be constructed within the City unless and until said official receives a reproducible Mylar of the duly recorded plat. (3) Revision of plat after approval. (a) After approval by the City (;9FRFRiSSiGRManager, but prior to recording any plat in the public records of Miami -Dade County, the petitioner shall provide to the Develepme.pt ServiEes Planning & Zoning Director a copy of the subject plat reflecting all corrections and/or modifications, which may have been made subsequent to the plat approval by the City CAMMW14AA.Manager. (b) The Development SeFvieesPlanning & Zoning Director shall then review the plat to determine if any revisions or modifications have been made that are contrary to or inconsistent with the approval of the City onManager. (c) After review, the Develepment SeFyieesPlanning & Zoning Director will provide the petitioner with a letter, which will either authorize recordation of the revised plat or require that the revised plat be returned to the City GemmissieR.Manager. (4) Failure to satisfy conditions of approval. The failure to satisfy conditions of approval, whether conditions precedent or subsequent to recordation, shall be reported to the City Manager. If upon written notice by the City Manager the applicant fails to correct the failures the Gity Ge.m.MiSsi p shall be r,.+ifi ,� The Gity G w.w.; ;,.� , „tiee to the PFGpe, Ity _._ shall held a publie heaFiRg. if the City GeMF:AirSiE)R fiRgir, that thehave net been 4,- the City GGFnFRiSSi9R.Manager shall take immediate corrective action to ensure compliance. J. Modifications to recorded plats. The modifications listed in this section may be accomplished upon a finding by the Devel^^m^^+ Servie^r,Planning & Zoning Director that the regulations of this section have otherwise been met and through the payment of any fees for the cost of processing. The following types of development shall be deemed exempt and not subject to the provisions of the mandatory platting requirements of this Code: (1) The dedication of land or any interest in land to any governmental agency, entity or political subdivision. In lieu of the recording of plat, a dedication may be required by deed, and may be subject to compliance with such conditions as may be deemed Page 5 of 9 20 appropriate under the particular circumstances, such as improvements of sidewalks, streets, or drainage facilities and the acceptance of the dedication by the governing body. (2) The division of a duplex -zoned platted lot to permit individual ownership in conformance with all applicable zoning and Building Code provisions. (3) The combination of lots and/or portions of lots to create a common building site provided that the property owner presents a unity of title recordable in the public records of Miami -Dade County, Florida and in a form acceptable to the City Attorney identifying the boundaries of the building site and the intent to develop and convey as one site or parcel in perpetuity or so long as the proposed use and structures exists. Such instrument cannot be amended or modified without City approval. No combination shall be approved where approval would allow violation of any other provision of these LDRs. (4) The division of a nonresidential -zoned platted parcel into not more than two parcels, when the City determines that a new public right-of-way or parcel access is not required. In this instance, the Deaelopment SeFvieesPlanning & Zoning Department and City EngineeriRg D*YiSi9R may require that any or all of the following items be provided and approved for all parcels: (a) Current survey. (b) Sketch plat. (c) Master parking plan. (d) Secondary access plan. (e) Alley, access, drainage, utility, planting, or other easements. (f) Paving and drainage plan. (g) Sewer and water plans. (5) The land to be subdivided is to be divided into no more than six (6) parcels, unless the Planning & Zoning Director determines that the waiving of the requirement for platting would not conflict with the purpose and intent of this Chapter, and because one of the following conditions is met: (a) unusual conditions created by ownership or development of adiacent lands, or (b) the isolation or remoteness of the land concerned in relation to other platted or improved lands, or (c) improvements and dedications existing on the land substantially in accordance with the requirements of this chapter. K. Procedure for waiver of plat. (1) To determine if the waiving of the requirement for platting would not conflict with the purpose and intent of this chapter, and the exceptions contained in Section 265- 171 are applicable, a waiver of plat survey shall be submitted by the property owner. Page 6 of 9 21 (2) A waiver of plat application shall be submitted, signed by the owner and notarized on the form prescribed by the Planning & Zoning Department. The applicant shall pay any associated fees. (3) The waiver of plat survey shall be prepared by a land surveyor registered in the State of Florida and shall bear the embossed seal of the land surveyor. (4) The waiver of plat survey shall include the following items, unless waived by Planning & Zoning Department : (a) Legal description of the parent tract. (b) Legal description of each parcel to be created. (c) Location of property lines, existing easements, buildings, watercourses and other essential features. (d) The location of any existing sewers and water mains, or any underground or overhead utilities, culverts and drains on the property to be subdivided. (e) Location, names and present widths of existing and proposed streets, highways, easements, building lines, alleys, parks and other open public spaces and similar facts regarding property immediately adjacent. (f) Date of field survey, north point and graphic scale. (g) The width and location of all streets or other public ways proposed by the developer. (h) The proposed lot lines with dimensions. (i) Existing ground elevations of the property and extending not less than twenty- five (25) feet beyond the boundaries of property. (i) Existing easements or restrictions on the underlying plat shall be shown. (k) The location of all buildings, swimming pools, slabs, fences, and other permanent structures on the adjacent properties that would be nonconforming with the creation of this division of land. (5) The waiver of plat shall be reviewed by the Planning & Zoning Director for conformance with the Comprehensive Plan and applicable Land Development Regulations. The waiver of plat may be reviewed by other appropriate city staff. Within seven (7) business days after receipt of a waiver of plat submittal, the Planning & Zoning Director shall provide written notice to the applicant acknowledging receipt of the submittal and identifying any missing documents or information necessary to process the plat for compliance with Section 177.091, Florida Statute, as may amended from time to time. The written notice shall provide information regarding the plat approval process, including requirements regarding the completeness of the process and applicable timeframes for reviewing, approving, and otherwise processing the plat. Once all comments have been addressed by the applicant, the Planning & Zoning Director will refer the waiver of plat to the City Page 7 of 9 22 Manager for approval, approval with conditions, or denial. If the City Manager does not approve the waiver of plat, the City Manager must notify the applicant in wrlting. therein providing the reasons for declining to the approval. The written notice must identify all areas of noncompliance and include specific citations to each requirement the plat submittal fails to meet. The City Manager shall, for informational purposes only, submit a written report to the City Commission advising of any waiver of plat approval, approval with conditions or denial. Once the process is complete, the applicant shall deliver the signed waiver of plat to the Miami -Dade County Platting & Traffic Review. -4L. Recorded plat. No change to a recorded plat shall be created and no development is undertaken except in conformance with the recorded plat or as specifically allowed in this section. Section 4. 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 5. 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 renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 6. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 7. Effective Date. This Ordinance shall be effective immediately after adoption on second reading. PASSED AND ADOPTED on first reading the 11ay of April, 2026. PASSED AND ADOPTED on second reading the Larisa Svechin, Mayor Page 8 of 9 23 • ►TTESZ . Maurici Bet ncur, CIVIC, City Clerk First Reading Second: b VIJ b� APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4z�ZL- Aldin E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Second Reading `r Motion: Second: � ��SI h,(� (�+[ c���l �� Vote on First Reading: Mayor Svechin (Yes) 7� (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) Vote on Second Reading: Mayor Svechin Vice Mayor Viscarra Commissioner Joseph Commissioner Lama Commissioner Stuyvesant v (Yes) (No) (Yes) (No) (Yes) 117 (No) (Yes) (No) (Yes) (No) Page 9 of 9 24 OF SUNNY �s<p,,A F V �S F Y� FLOa�O 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 11, SECTION 265-5, ENTITLED "DEFINITIONS," AND ARTICLE V, SECTION 265-17, ENTITLED "SUBDIVISION PLAT APPROVAL," OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 177.071, FLORIDA STATUTES, AS AMENDED BY SENATE BILL 784 (2025) AND TO ALIGN WITH CERTAIN PROCEDURES IN CHAPTER 28 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Part I. Summary of the proposed ordinance and statement of public purpose: The proposed ordinance amends Chapter 265 of the Land Development Regulations to ensure compliance with recent changes to Section 177.071, Florida Statutes, as amended by Senate Bill 784 in 2025. The legislation requires municipalities and counties to administratively approve plats with no further action or approval by the governing body. Further, the legislation requires jurisdictions to designate an administrative official to receive, review, and process the plat applications, as well as designate an administrative official responsible for approving, approving with conditions, or denying the plat application. Finally, the legislation requires certain procedures and timelines for review, processing, and approval or denial of the plat application. The proposed ordinance implements these requirements by designating the Planning & Zoning Director as the administrative official to receive, review, and process a plat application, and designating the City Manager as the administrative official to approve, approve with conditions, or deny the application. The ordinance also requires timely written notification to applicants and formal written findings for any denial. Additional updates include revisions to applicable definitions, incorporation of a waiver of plat process for limited subdivision scenarios, and alignment with Miami -Dade County platting requirements. The amendments also provide general code clean-up to improve clarity and consistency. These changes are necessary to maintain compliance with State law and to streamline the plat approval process. Part 11. 25 O Y`S<f�0 v �9 + �e '+FLO0.`O e/TF ea SUN �N�s 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: None. Part IV. Additional Information (if any): None. 26 +'C rTL 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: June 18, 2026 RE: Amending the Platting Procedures in the Land Development Regulations RECOMMENDATION: Staff presents this item for Commission consideration. REASONS: The proposed ordinance amends Chapter 265 of the Land Development Regulations to ensure compliance with recent changes to Section 177.071, Florida Statutes, as amended by Senate Bill 784 in 2025. The legislation requires municipalities and counties to administratively approve plats with no further action or approval by the governing body. Further, the legislation requires jurisdictions to designate an administrative official to receive, review, and process the plat applications, as well as designate an administrative official responsible for approving, approving with conditions, or denying the plat application. Finally, the legislation requires certain procedures and timelines for review, processing, and approval or denial of the plat application. The proposed ordinance implements these requirements by designating the Planning & Zoning Director as the administrative official to receive, review, and process a plat application, and designating the City Manager as the administrative official to approve, approve with conditions, or deny the application. The ordinance also requires timely written notification to applicants and formal written findings for any denial. Item Number: 8.A 14 Additional updates include revisions to applicable definitions, incorporation of a waiver of plat process for limited subdivision scenarios, and alignment with Miami -Dade County platting requirements. The amendments also provide general code clean-up to improve clarity and consistency. These changes are necessary to maintain compliance with State law and to streamline the plat approval process. ADDITIONAL INFORMATION: At the City Commission's request, the following changes were made to the ordinance since first reading: • In Sec. 265-17(F), the following language was added: "The City Manager shall, for informational purposes only, submit a written report to the City Commission advising of any plat approval approval with conditions, or denial." • In Sec. 265-17(K)(5), the following language was added: "The City Manager shall, for informational purposes only, submit a written report to the City Commission advising of any waiver of plat approval, approval with conditions, or denial." ATTACHMENTS: Ordinance Business Impact Estimate Item Number: 8.A 15