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Home My WebLink AboutOrdinance 2015-465 ORDINANCE NO. 2015- 1-1G5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ENTITLED "SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN"; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITIES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 5, 2000, the City Commission adopted the City of Sunny Isles Beach Comprehensive Plan via Ordinance No. 2000-105; and WHEREAS, since the adoption of the Comprehensive Plan, the City has acquired additional properties for governmental purposes; and WHEREAS, the City Commission has determined that certain amendments to the Future Land Use Map ("FLUM") is needed to reflect that the new and current governmentally owned properties are designated Community facilities under the FLUM; and WHEREAS, the proposed small scale amendment is in accordance with Section 163.3187 (1) Florida Statutes; and WHEREAS, the proposed small scale amendment is not located in areas of critical state concern; and WHEREAS,the proposed small scale amendment involves a use of less than ten(10)acres; and WHEREAS, the properties described herein have not been involved in any other Comprehensive Plan Amendment during the year prior to date of the effective date of this ordinance; and WHEREAS, the City Commission desires to amend the current FLUM. 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. Words added underlined,words stricken deleted(ed) Page I of 3 Section 2. Amendments to the Future Land Use Map: The City of Sunny Isles Beach'Future Land Use Map is hereby amended as follows: A. Parcel 1. The land use designation in the Future Land Use Map for the property located at 18080 with folio number 31-2211-082-0010, consisted of 0.420 acres, as more particularly set forth and legally described in Exhibit "A" and graphically depicted on composite Exhibit "D", attached hereto and made a part thereof, is change from Mixed-Use Business to Community Facilities. B. Parcel 2. The land use designation in the Future Land Use Map for the property located at 18080 Collins Avenue, folio number 31-2211-082-0020 consisted of 0.607 acres, as more particularly set forth and legally described in Exhibit "A" and graphically depicted on composite Exhibit "D", attached hereto and made a part thereof, is change from Mixed-Use Business to Community Facilities. C. Parcel 3. The land use designation in the Future Land Use Map for the property located at 18070 Collins Avenue, with folio number 31-2211-082-0030, consisted of 2.26 acres, as more particularly set forth and legally described in Exhibit "B" and graphically depicted on composite Exhibit "D", attached hereto and made a part thereof, is change from Mixed-Use Business to Community Facilities. D. Parcel 4. The land use designation in the Future Land Use Map for the property located at 18050 Collins Avenue, with folio number 31-2211-082-0040, consisted of 0.54 acres, as more particularly set forth and legally described in Exhibit "C" and graphically depicted on composite Exhibit "D", attached hereto and made a part thereof, is change from Mixed-Use Business to Community Facilities. Section 3. Directive to the City Clerk. The City Clerk is further directed to transmit a certified copy of this Ordinance to the Florida Department of Economic Opportunity pursuant to Chapter 163, Florida Statutes, as well as any other interested governmental entity. 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 3. 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. Words added underlined,words stricken deleted(ed) Page 2 of 3 Section 4. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the S4' day of Dc 4 , 2015: PASSED and ADOPTED on second reading the lq+S day of • 2015. 6\ C dir George choll, Mayor r I ` t ti t Jane A:..Hines;zCMC;_City Clerk APPROVED AS TO FORM AND L AL SUFFICIENCY: ._/ ' Ha :ri`�tn.tTCity Attorney Moved by: ►'. 1V$ Seconded by: CrMprI0 ER. LEV I N Vote: 5-p Mayor Scholl ✓(Yes) (No) ■ Vice Mayor Gatto _ (Yes) (No) Commissioner Aelion v(Yes) (No) Commissioner Goldman ÷(Yes) (No) Commissioner Levin (Yes) (No) Words added underlined,words stricken deleted(ed) Page 3 of 3 "EXHIBIT A" Legal Description: Tracts A and B, of S.I.B. GOVERNMENT CENTER, according!to the Plat thereof, as recorded in Plat Book 168, Page 75 of the Public Records of Miami;Dade County, Florida. "Also Known as": A portion of the Plat of S.I.B. GOVERNMENT CENTER, according to the Plat thereof, as recorded in Plat Book 168, Page 75, of the Public Records of Miami-Dade County; more particularly described as: All of Parcel 1, LESS the North 150 feet, as measure along the East line thereof, and LESS the South 499.145 feet as measured along the East line thereof, of the REPLAT OF TRACT "A" SUNNY ISLES SHORES SECTION A, according to the Plat thereof, recorded in Plat Book 64, Page 74, of the Public Records of Miami-Dade County, Florida. Approx. 1.027 acres. 31-2211-082- 0010 and 31-2211-082-0020 (18080 Collins Avenue). • "EXHIBIT B" Legal Description: Tract C, of S.I.B. GOVERNMENT CENTER, according to the Plat thereof, as recorded in Plat Book 168, Page 75 of the Public Records of MiamDade County, Florida. "Also Known as": A portion of the Plat of S.I.B. GOVERNMENT CENTER, according to the Plat thereof, as recorded in Plat Book 168, Page 75, of the Public Records of Miami-Dade County; more particularly described as: All of Parcel 1, LESS the North 150 feet, as measure along the East line thereof, and LESS the South 499.145 feet as measured along the East line thereof, of the REPLAT OF TRACT "A" SUNNY ISLES SHORES SECTION A, according to the Plat thereof, recorded in Plat Book 64, Page 74, of the Public Records of Miami-Dade County, Florida. Approx. 2.26 acres. 31-2211-082- 0030 (18070 Collins Avenue). "EXHIBIT C" Legal Description: Tract D, of S.I.B. GOVERNMENT CENTER, according to the Plat thereof, as recorded in Plat Book 168, Page 75 of the Public Records of Miami i Dade County, Florida. "Also Known as": A portion of the Plat of S.I.B. GOVERNMENT CENTER, according to the Plat thereof, as recorded in Plat Book 168, Page 75, of the (Public Records of Miami-Dade County; more particularly described as: All of Parcel 1, LESS the North 150 feet, as measure along the East line thereof, and LESS the South 499.145 feet as measured along the East line thereof, of the REPLAT OF TRACT "A" SUNNY ISLES SHORES SECTION A, according to the Plat thereof, recorded in Plat Book 64, Page 74, of the Public Records of Miami-Dade County, Florida. Approx. 0.54 acres. 31-2211-082- 0040 (18050 Collins Avenue). • 'yVNNT,trtf I � - CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARING ON THE SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN that the City Commission, also sitting as the Local Planning lAgency, of the City of Sunny Isles Beach, Florida, will hold a public hearing in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, on Thursday, November 19, 2015, at 6:30 p.m., to consider final adoption of the following proposed Ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,ENTITLED "SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN"; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITIES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. 'GOLDEN..;,_,ACH Land Use Categories AVENTURA ` el® ' j Low Density Residential / I (2.5 to 6 DU/Acre) 1 j �Low to Medium Density Residential / tom,; //////l (5 to 13 DU/Acre) i =MediumDensityResidential i g i (13 to 25 DU/Acre) I f P 4' I 1 I -Medium to High Density Residential • 3 j 1 (25 to 50 DU/Acre) _ i 8 ! lei� 1 %//Mixed Use-High Density Resort g f (50 to 80 DU/Acre) �_r-D ' f1 -Mixed Use-Business i M ID, 1 o ! I �Neighborhood-Business Land Use Change from: �Q�I i MIXED USE-BUSINESS to 1 i COMMUNITY FACILITIES n tiaCommunity Facilities � , i t �" Recreation-Open Space 11 • I i 1 —'// I —I Conservation 1%// t :NOME t I I —MIAMI i A ��,, I t..Town Center :BEACHr i t— i I i Oc ean i OcAtlantic ean 17 Water i I I i ' \ r i _.�.Corporate City Limits Q Modified Parcels I 1 o 02 0 Miles ' 0 : =MIN _ 0 : l N • i City of Sunny Isles Beach �tll `I Comprehensive Plan ! 2000-2015 NORTH MIAMI 1 i 4, '• r ! Future land Use 1` ____I • •.• Date:0426201 s _- - — Map:PZ024 • The proposed small scale amendment would change the land use designations of the properties,depicted in the Future Land Use Map ("FLUM") to Community Facilities. Inquiries regarding this item may be directed to Jane A. Hines, MMC, City Clerk at 305-792-1703. Copies of these documents are available for public inspection during normal business hours in City Hall. Jane A. Hines, MMC, City Clerk All persons are invited to appear at this meeting or be represented by an agent,or to express their views in writing addressed to the City Commission do the City Clerk,City of Sunny Isles Beach, 18070 Collins Avenue,Sunny Isles Beach,Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to register with the City Clerk by completing a public speaker card prior to the item being heard. The hearing on this matter may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any;decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager at 305-792-1701,no later than 48 hours prior to the proceedings. BELL DAVID PLANNING GROUP, INC. Navigating Florida's Planning Requirements September 24, 2015 Claudia Hasbun, City Planner City of Sunny Isles Beach 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Dear Ms. Hasbun: As per your request, we have reviewed the proposed City-initiated Small Scale Amendment to redesignate four parcels totaling 3.83 acres from Mixed Use-Business to Community Facilities on the Future Land Use Plan Map. The subject parcels include: If • Folio 31-2211-082-0030. a 2.26 acre site owned by the City and developed with the 127,775 sq. ft. Sunny Isles Beach Government Center (City.Hall) building and parking; • Folio 31-2211-082-0020, a .61 acre parcel owned by the City.and developed with a 1,377 sq. ft. commercial building and parking; - • Folio 31-2211-082-0010, a-".42 acre parcel owned by the City,and developed with parking, and; • Folio 31-2211-082-0040, a .54 acre parcel owned by the City and developed with an 8,216 sq. ft commercial building. Policy 7D of the City's Comprehensive Plan states that '`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 the extent to which the proposal, if approved would...satisfy a deficiency to accommodate projected population or economic growth...enhance or impede provision of services...be compatible with abutting and nearby land uses...; and ...enhance or degrade environmental or historical resources"f. We have reviewed the adopted Comprehensive Plan as amended through the date of this! letter and have found no goals, objectives or policies that are inconsistent with the proposed Amendment. Further, we find that the Amendment will result in a land use designation that better reflects the existing use and/or ownership of the properties, while remaining compatible with surrounding properties. Finally, we find that the proposed Amendment will enhance the City's ability to provide municipal services by helping to maintain an adequate supply of land designated for current and future community facilities. 1019 NE 104 Street . Miami Shores, FL 33161 . Tel: 305.215.6302 . www.belldavid.com . info @belldavid.com • 1 Ms. Claudia Hasbun September 24, 2015 Page 2 Under the Mixed Use-Business Future Land Use designation, the subject properties could be developed with residential uses at 25 units per acre and non-residential uses at a maximum floor area ratio (F.A.R.) of 2.0. The Community Facilities Future Land Use designation allows up to 25 units per acre for residential care facilities and a non-residential F.A.R. of 2.0. The proposed amendments will therefore not change the potential maximum permitted density or intensity of development on the subject properties. Please contact me if you have any questions. Sincerely, t, nth • Jerry H. Bell, AICP Principal • 1019 NE 104 Street . Miami Shores, FL 33161 . Tel: 305.2.15.6302 . www.belldavid.com . info @beiidavid.com Item Coversheet Page 1 of 1 SUNNY S\ City of Sunny Isles Beach 4-( ,,At i ,,, 18070 Collins Avenue v "1: Sunny Isles Beach,Florida 33160 ti, °,,F /; (305)947-0606 City Hall ''o.r,.,' (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo,City Manager FROM: Claudia Hasbun, Planning and Zoning Administrator DATE: 11/19/2015 RE: Comprehensive Plan-Future Land Use Map(FLUM) Small Scale Amendment RECOMMENDATION: This Ordinance is presented for your consideration. REASONS: The City of Sunny Isles Beach has acquired multiple pieces of land over the years with the intent to provide governmental facilities.Today, the land where City Hall is located and the land recently acquired just north of City Hall are designated as Mixed-Use Business Land Use, the City is proposing an expansion of governmental and civic activities and is requesting to redesignate a total of four parcels to Community Facility Land Use. The redesignation has been evaluated by our Planning Consultants, Bell David, and it has been determined that the redesignation is consistent and compatible with our Comprehensive Plan. ATTACHMENTS: Description Evaluation Letter LPA Resolution Ordinance Notice of 2nd Rdg LPA Item Number:9.A. http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1795 11/12/2015