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HomeMy WebLinkAboutOrdinance 2007-295 ORDINANCE NO. 2007- 29 5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING EAR-BASED TEXTURAL AMENDMENTS TO THE CITY OF SUNNY ISLES BEACH'S COMPREHENSIVE MASTER PLAN AND IN PARTICULAR, AMENDMENTS TO THE FUTURE LAND USE ELEMENT, TRANSPORTATION ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AFFORDABLE HOUSING ELEMENT, RECREATION AND OPEN SPACE ELEMENT, CAPITAL IMPROVEMENTS ELEMENT, COASTAL MANAGEMENT ELEMENT, INFRASTRUCTURE ELEMENT, COMMUNITY DESIGN ELEMENT, AND A MISSION STATEMENT ENCOMPASSING THE VISION FOR THE CITY; APPROVING THE TRANSMITTAL OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislative intends that local planning be a continuous and on going process; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to periodically assess the success or failure of the adopted plan to adequately address changing conditions and state policies and rules, and; and WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt needed amendments to ensure that the plan provides appropriate policy guidance for growth and development; and WHEREAS, the City adopted its revised Evaluation and Appraisal Report on September 22,2005; and WHEREAS, the Department of Community Affairs found the adopted EAR sufficient in December 2005; and WHEREAS, the City has completed its proposed Evaluation and Appraisal Report-based amendments consistent with the requirements of Chapter 163, Part 11, F.S. and Rule 91-5 and 91- 11, F.A.C.; and WHEREAS, the Local Planning Agency has reviewed the 2007 Evaluation and Appraisal Report-based amendments to the Comprehensive Plan, held and advertised public Ear Amendment Page I of3 I hearing, provided for public participation in the process and rendered its recommendation to the City Commission; and WHEREAS, the City Commission, upon first reading of this Ordinance, authorized transmission of the EAR-Based Amendments to the Department of Community Affairs and review agencies for the purpose of a review in accordance with Sections 163.3184, 163.3187, 163.3189 and 163.3191, Florida Statutes; and WHEREAS, the City has responded to objections and comments issued by the Department of Community Affairs; and WHEREAS, the City Commission, upon final adoption of this Ordinance, authorized transmission of the EAR-Based Amendments to the Department of Community Affairs. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by referenced as if fully set forth herein. Section 2. Amendments to the Comprehensive Plan. The 2007 Evaluation and Appraisal Report-Based Amendments to the City of Sunny Isles Beach Comprehensive Plan, attached as Exhibit "A" to this Ordinance and as revised to address any objections, recommendations and comments provided by the Department of Community Affairs and review agencies, are hereby adopted. Section 3. 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 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 5. Inclusion in the Comprehensive Plan. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Comprehensive Plan; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Transmittal. The City's Consultant, Bell David Planning Group is hereby directed to transmit the City of Sunny Isles Beach Draft EAR-Based Amendments to the State Department of Community Affairs in accordance with Florida Statute 163.3191. Ear Amendment Page 2 00 It Section 7. Effective Date. This Ordinance shall become effective ten (10) days after adoption on second reading. PASSED and ADOPTED on First Reading the 1 ih day of May, 2007. PASSED and ADOPTED on Second Reading this ~day ofh~tl'W\b e,y, 2007. ATTEST: . . -~AL lane A. Hines, CMC, City Clerk Moved by: 0 ~ Second by: Com~f5Q~"2..'~ VOTE AS FOLLOWS: 5-b Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl L0 yes lkd yes 10 yes ULj yes Ci2f yes ~no ~no ~no ~no ~no Ear Amendment Page3 of 3 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS Prepared for the City by: Bell David Planning Group www.belldavid.com Exhibit "A" CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS INTRODUCTION AND EXECUTIVE SUMMARY 1. Amendments The City of Sunny Isles Beach's Comprehensive Plan is its blueprint for existing and future development. The \ Plan's goals, objectives, and policies reflect the City's vision for its future, and for how it will meet the needs of existing and future residents, visitors and businesses. The Evaluation and Appraisal Report (EAR) is a State-mandated update of the Comprehensive Plan. In order to be effective, the Plan must be a living document, one with the flexibility to adapt to changing conditions and needs. Although there are other opportunities to periodically revise the Comprehensive Plan, these revisions often occur as the result of outside development applications. In the daily hustle, it is unlikely that the City has an opportunity to step back and take a holistic look at how well the Plan is working, and how it might be refined to address community-specific issues and challenges. The EAR provides this opportunity. This report is comprised of 11 applications for amendments to the Sunny Isles Beach Comprehensive Plan based on the adopted EAR. The EAR was adopted by the City in September 2005, and subsequently found sufficient by the Florida Department of Community Affairs. These amendments are intended to: implement the recommendations contained in the City's adopted EAR; generally update the Comprehensive Plan and its goals, objectives and policies; address issues that have arisen since the date of the EAR, and; address subsequent changes in State growth management legislation. The proposed amendments are collectively referred to as EAR-based amendments. The City of Sunny Isles Beach, incorporated in 1997, encompasses 2.63 square miles of land and water between the Atlantic Ocean and Intracoastal Waterway in northeast Miami-Dade County, Florida. In 2005, according to the State of Florida's projections, the City's estimated population was 16,702. By 2015, its population is projected to increase to 20,520, and by 2025 it is projected to increase to 23,934. In 1998, the State of Florida revised the statutory requirements for the EAR to allow local governments to base their analysis on the key local issues that they are facing. In order to comply with these requirements, the City identified five key issues to address in the EAR and EAR-based amendments. These issues are: . Issue 1 - Land Development; . Issue 2 - Transportation Improvement; . Issue 3 - Intergovernmental Coordination; . Issue 4 - Affordable Housing, and; . Issue 5 - Mission Statement. The eleven staff applications contained in this report correspond to the Comprehensive Plan elements to which amendments are recommended, and the Monitoring & Environment Provisions. Only goals, objectives, policies and text for which amendments are recommended are included. Additions are denoted by underline; deletions by strikethrough. A brief Executive Summary of recommended amendments by Element is as follows. The Land Use Element is amended in order to address: Issue 1, "Land Development"; Issue 5, "Mission Statement"; update dates, timelines, and planning horizons, as needed; include interpretive text for all Future Land Use Districts within the City Limits on the Future Land Use Map, and; address growth management legislation enacted since the date of plan adoption. . 1 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS The Transportation Element is amended to address: Issue 2, "Transportation Improvement; update dates, timelines, and planning horizons, as needed, and; address growth management legislation enacted since the date of plan adoption. The Housing Element is amended to address: Issue 4, "Affordable Housing", and; to update dates, timelines, and planning horizons, as needed. The Recreation and Open Space Element is amended to update Objective 5 to reflect the current status of the City's parks program. The Capital Improvements Element is amended to address: Issue 1, "Land Development"; update dates, timelines, and planning horizons, as needed, and; address growth management legislation enacted since the date of plan adoption. The Coastal Management Element is amended to update dates and references, as appropriate. The Infrastructure Element is amended to address growth management legislation enacted since the date of plan adoption. The optional Community Design Element is recommended for deletion because its goals, objective and policies are duplicative of, and more effectively addressed within, the Future Land Use Element, and/or are no longer applicable or appropriate. The Conservation Element is amended to address growth management legislation enacted since the date of plan adoption, and to include Policy calling for the removal of non-native vegetation. The Intergovernmental Coordination Element is amended to address: Issue 3, "Intergovernmental Coordination"; update dates, timelines, and planning horizons, as needed, and; address growth management legislation enacted since the date of plan adoption. The Monitoring & Evaluation Provisions section is amended to reflect the current EAR process requirements and timelines. 2. Objections, Recommendations and Comments Report The City approved transmittal of its EAR-Based Amendments to the Department of Community Affairs for preliminary sufficiency review upon first reading of the adopting Ordinance on May 17, 2007. In the August 24, 2007 Objectives, Recommendations and Comments (ORC) Report, the Florida Department of Community Affairs (DCA) provides five objections and four comments to the City of Sunny Isles Beach's proposed Comprehensive Plan EAR-Based Amendments (DCA No. 07-1ER). The City's response and proposed corrective actions are as follows. Objection 1. Effect of Change to Future Land Use Category on Public Facilities and Hurricane Evacuation Not Supported by Data and Analysis DCA, the South Florida Water Management District (SFWMD), and Florida Department of Environmental Protection (FDEP) objected to the City's proposed amendment to the Town Center interpretive text in Policy 15A. ofthe Future Land Use Element, as they felt that the City's proposed change would allow a greater density and intensity than the Comprehensive Plan currently allows without an evaluation of impacts. In order to 2 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS address this Objection, DCA recommended that the City provide data and analysis evaluating the impacts of the proposed amendment on evacuation times and levels of service for public facilities, and provide for mitigation of these impacts. It is not the City's intent to increase its residential development capacity beyond what is currently provided for in the Comprehensive Plan and land development regulations. The proposed amendment to Future Land Use Policy 15A. (Application No.1, Future Land Use Element Amendment 32, pp. 8 - 9) has been revised to remove the reference to 75 units per acre and 3.5 F.A.R., and other language that might be interpreted to suggest that the City is increasing densities and intensities in the District beyond what is presently allowed. Objection 2. Inadequate Specification of Affordable Housing Measures DCA and the South Florida Regional Planning Council (SFRPC) objected to the proposed Housing Element amendments because the revised policies lacked specificity. The proposed amendments to the Housing Element (Application No.3, Housing Element amendments 2 - 6, pp. 17 - 18) have been revised and strengthened in response to these concerns. Objection 3. Protection of Road Rights of Way from Encroachment DCA and the Florida Department of Transportation (FDOT) objected to the amendment because it does not include an objective calling for the protection of road rights-of-way from building encroachments. The reviewers overlooked Objective 10 of the adopted Transportation Element and its implementing policies, which address protection of road rights-of-way from encroachment. There is no need to amend the Comprehensive Plan to include an Objective that already exists. Please see Transportation Element Objective lOon Page 38 of the adopted Comprehensive Plan. In addition, FDOT recommended inclusion of a Policy addressing coordination with the District Permits Engineer on access management issues. Although not included in DCA's report, the City is addressing this recommendation through the addition of new Transportation Element Policy 10E. (Application No.2, Amendment 13, Page 16). Objection 4. Updating of Concurrency Requirements DCA objected to the proposed amendment because it did not include a concurrency management system, or fully address recent changes to State growth management requirements regarding concurrency and a financially feasible five year capital improvement program. The objection suggests that a concurrency management system is not provided for in the adopted Comprehensive Plan. On the contrary, Objective 5 of the Capital Improvements Element and its implementing policies address the City's concurrency management system (see pp. 57 - 59 of the adopted Comprehensive Plan). Proposed amendments 2, 3, 4, 9 and 10 to the Capital Improvements Element have been revised to more clearly address recent changes to the State's growth management requirements (Application No.5, pp. 21 -22). Objection 5. Lack of Coordination on Water Supply DCA, SFRPC, and the SFWMD object to the proposed amendment because it did not provide for the development of a ten year water supply workplan at the City level, or adequately address coordination with the SFWMD on the Lower East Coast Water Supply Plan update. The proposed amendments to the Capital Improvements Element (Application No., 5, Amendment 7, Policy 2F, P.2I), Infrastructure Element (Application No.7, Amendment 1, Policy 3G, P. 24), Conservation Element (Application No.9, Amendment 2, 3 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS Policy 2D, P. 26), and Intergovernmental Coordination Element (Application No. 10, amendments 3, 7 and 8, policies 3N, 3R, and 3S, pp. 27 -28) have been revised to address this objection. Comment 1. Population Estimates and Projections DCA and SFWMD raised an issue with the City's proposed footnote questioning the veracity of the Shimberg Center for Affordable Housing's population estimates. DCA further notes a discrepancy between the City's proposed amendments to the population estimates in Future Land Use Policy 5C. and Intergovernmental Coordination Policy 3A., and the population estimates reported on the Shimberg Center web site. It appears that the Shimberg Center numbers were updated between the City's transmittal of the proposed amendments and the present. Based on the City's review, the updates present a more accurate depiction of the City's existing population and projected population growth. The proposed amendments to Future Land Use Policy 5C. (Application No.1, Amendment 13, P. 5) and Intergovernmental Coordination Policy 3A. (Application No. 10, Amendment I, P. 27) have been revised to update the population figures consistent with the recent Shim berg Center for Affordable Housing estimates, and delete the referenced footnote. Comment 2. Water Supply Planning Duplicative - see response to Objection 5. Comment 3. Community Strategic Plan DCA cautions that the proposed community strategic plan should not usurp the Comprehensive Plan as the City's primary growth management tool. The City agrees, and assures DCA that it was never its intent to replace or otherwise diminish the Comprehensive Plan's role as the primary planning and growth management document. In order to address this comment, the proposed amendment to the Future Land Use Element addressing the community strategic plan has been revised (Application No.1, amendments 42, 44, and 50, pp. 12-13). As can be seen, it is proposed that the community strategic plan be adopted into the Comprehensive Plan as the optional Visioning Element in accordance with Florida Statutes. Comments 4. and 5., Extensions of Time and Failure to Provide Target Date in Policies DCA comments that the City should not "put off' its target dates for adoption of urban design requirements and green design guidelines into its land development regulations to 2012. The City respectfully disagrees with this comment. The short term planning horizon for the Comprehensive Plan is five years, or 2012. The 2012 date is therefore appropriate because it represents the Comprehensive Plan's short term planning period. There is nothing in the proposed policies that would preclude the City from adopting these guidelines sooner. DCA seems to be suggesting that the target dates should be set to within one year of submittal of this amendment package. If that were the case, the policies would become outdated shortly after adoption. The City is therefore making no revisions to its proposed amendments to address this comment. DCA also comments that the City does not provide target dates for Future Land Use policies 13A. and 138. The proposed amendments to these policies have been revised to provide a target date of2012 (Application No. 1, amendments 27 and 28, Page 10), consistent with the Comprehensive Plan's short range planning horizon. 4 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS Comment 6. Definition of Water DCA and the SFWMD recommend that the new interpretive text for the "Water" Future Land Use District be amended to reference SFWMD permit criteria and State criteria for the use of submerged sovereign lands. The proposed amendment to Policy 58. of the Future Land Use Element (Application No.1, Amendment 33, P. 9) has been revised in accordance with the recommendation. In addition, new interpretive text for the "Community Facilities" District is being added. This designation identifies the location of existing Community Facilities, and the interpretive text reflects the density and intensity standards prescribed in the Land Development Regulations. No changes to the Map itself are proposed to implement the "Water" or "Community Facilities" designations, as they are already identified on the adopted Map. The proposed amendments are intended to correct the omission of interpretive text for these districts in the adopted Comprehensive Plan. 5 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS APPLICATION NO.1 CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT AMENDMENTS 1. Amend Objective 1 as follows: Objective 1 The location and configuration of urban growth through the year 20B20 shall emphasize the improvement. protection and preservation of existing residential areas and the renewal, rehabilitation and redevelopment of obsolete commercial and beachfront development neighborhoods, infill development of the remaining scattered vacant lots, and the rehabilitation and/or redevelopment of underutilized or obsolete developments. 2. Amend Policy IG. as follows: Policy 1 G. The City shall provide incentives continue to coordinate as appropriate with the private sector for the assembly and redevelopment of obsolescent and underutilized oceanfront properties 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. 3. Amend Policy IH. as follows: Policy 1 H. The City shall continue to coordinate as appropriate with the private sector +10 promote increased year round residency of oceanfront private residences as a means of providing implement strategies to provide market support for commercial redevelopment west of Collins Avenue, a trade off of increased densities for ovmer occupied residences against decreased densities for apa:rtment/hotel conversions should be supported. 4. Amend Policy 1 I. as follows: Policy 1 I. The City shall encourage the may permit, where appropriate, the transfer of development rights from lands acquired by municipal government after the date of June 16, 1997 for public uses other than residential or commercial purposes but including public open space, parks and recreation facilities, community facilities, public educational and cultural facilities, and public utilities to development sites within the Town Center and commercial and resort districts abutting Collins A venue to promote the redevelopment and unified planning and design of sites, mixed uses and the re';italization of the economic base of Sunny Isles Beach in furtherance of Policies 1 j\. and 1 B and to prioritize the density increases where practical for the production of affordable housing of these areas in accordance with this Plan. 5. Amend Policy 11. as follows: Policy 11. The City shall implement '.vithin suitable low density areas, regulations to authorize and regulate accessory apartments on low-density residential parcels with the objective of providing affordable housing opportunities for the elderly or young couples while protecting the neighborhood character. 6 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS 6. Amend Objective 4 as follows: Objective 4 The City of Sunny Isles Beach shall, by the year 2005, continue to reduce the number of land uses which are inconsistent with the uses designated of the Land Use Plan Map and interpretive policies, or with the character ofthe surrounding community. 7. Amend Policy 4E. as follows: Policy 4E. All land development regulations shall be consistent with, and implement, the Comprehensive Plan Land Use Plan Map and interpretive policies. Zoning shall be examined to determine consistency with the Comprehensive Plan, and if deemed necessary to remedy an inconsistency, rezoning action shall be initiated. Such examination will occur during formulation of the City's Land Development Regulations. 8. Add a new Policy 4G. as follows: Policy 4G. By 2010, the City shall conduct an assessment of the need for government facilities, and sites that might be suitable for the location and development of these facilities. 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 Obiective 4 and its implementing policies. 9. Add a new Policy 4H. as follows: Policy 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. 10. Amend Objective 5 as follows: Objective 5 Upon adoption of this plan, aAll 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 PlanElement,; with the adopted Population Estimates and Projections, and; aH:d with the future uses provided by the adopted Land Use Plan mMap and interpretive policies, as balanced with the Goals, Objectives and Policies of all Elements of the Comprehensive Plan. 11. Amend Policy SA. as follows: Policy 5A. The Land Use Plan Map and interpretive policies contained in this Element establishes provide standards for allowable land uses, and densities or intensities of use for each land use category identified on the adopted Land Use Plan map, and is declared to be an integral part of these adopted Land Use Policies. 12. Amend Policy 58. as follows: Policy 58. All development orders authorizing a new land use of development, or redevelopment, or significant expansion of an existing use shall be contingent upon an affirmative finding that the development of 7 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS use conforms to, and is 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 Director of the Community Planning and Development Department. or other designee of the City Manager, and the City Attorney shall be the principal administrative interpreter~ of the Comprehensive Plan. 13. Amend Policy 5C. as follows: Policy 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. contained in this Element, and with the locations and e}(tent of future laud uses as identified by the Land Use Plan Map and land use implementation provisions. Plans for pro';iding public facilities and services in the City of Sunny Isles Beach shall be updated by the responsible service providers as soon as possible after the filing of applications to amend the Comprehensive Plan population projections, and the corresponding elements of the Comprehensi'le Plan shall be updated in association '.vith the updating of the facility/service plans. 2000 2005 2010 2015 2020 2025 City of Sunny 15.315 16,702 18,691 20,520 22.282 23,934 Isles Beach Miami-Dade 2.244,044 2.393,697 2,544,800 2,696,998 2,852.500 3,002.402 County Source: Florida Housing Data Clearinghouse. University of Florida Shimberg Center for Affordable Housing 14. Delete Policy 5D. as follows: Policy 5D. 'When estimates of current and projected population are periodically updated by the Miami Dade County Department of Planning, Development & Regulation. The U.S. Census Bureau, or the Florida Bureau of Economic and Business Research or other sources recognized by the Department of Community Affairs and '.vhen revised projections of future population or population distributions are officially filed, these new estimates and projections may be used for planning in the City of Sunny Isles Beach in lieu of previously published population estimates and the population projections currently adopted in the Comprehensive Plan. 15. Amend Objective 6 as follows: Objective 6 By 2003, tIhe City of Sunny Isles Beach shall continue to require, as appropriate and feasible, that all new development and redevelopment in existing and planned transit corridors te--be lLplanned and designed to promote pedestrian and transit use. 16. Add a new Policy 6C. as follows: Policy 6C. The City shall coordinate as appropriate with Miami-Dade County to encourage and facilitate location of the northern terminus of the water taxi service at the proposed site on Sunny Isles Beach Boulevard Loop Road, and to ensure pedestrian, bicycle, automobile, and transit access to and from this facility. 8 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS 17. Amend Policy 81. as follows: Policy 81. By 20G-l-ll, the City of Sunny Isles Beach shall develop an urban design manual establishing design guidelines. This manual shall 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. 18. Amend Policy 81. as follows: Policy 81. By 20G-l-1l, the City of Sunny Isles Beach shall adopt land development regulations to facilitate well planned development and redevelopment and well designed buildings in accordance with the urban design manual referenced in Policy 81., including provisions for: i) Open space in the form of squares, plazas, or green areas in residential and business zoning categories; ii) A I}giversity of uses in or adjacent to residential districts, 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; and 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. 19. Add a new Policy under Objective 8, as follows: Policy 8L. 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 form 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. 20. Amend Objective 9 as follows: Objective 9 Energy efficient development shall be accomplished through land use patterns, site planning, landscaping, building design, and through land use patterns and multi-modal transportation systems. 9 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS 21. Amend Policy 9B. as follows: Policy 9B. 8elaf Green design guidelines for such items as street passageway alignments, landscaping, setbacks, building orientation, and relationship to water bodies shall be adopted by 2001, and shall be utilized in site plan reviev/s incorporated as appropriate in the land development regulations, as they will be revised by 2012 in accordance with Policy 8J. of this Element. 22. Amend Policy lID. as follows: Policy liD. Prepare and adopt The City shall continue to implement economic development strategies for the Town Center, and economic strategies and development plans incorporating Lland Use and design guidelines for redevelopment of the waterfront properties along Sunny Isles Boulevard. 23. Amend Policy 12A. as follows: Policy 12A. The City shall adopt development incentives and promote parking infrastructure improvements and coordinate as appropriate with the private sector to that will foster and encourage redevelopment of the commercial areas adjacent to Sunny Isles Beach Boulevard. 24. Amend Policy 12B. as follows: Policy 12B. Develop and implement design guidelines for building facades, landscaping and signage in the Sunny Isles Boulevard area and throughout the City by 2012. 25. Amend Policy 12D. as follows: Policy 12D. De'lelop and implement The City's design guidelines and/or their implementing regulations that will require and address the design of attractive on-site parking facilities and shared parking where practical, in conjunction with commercial developments. 26. Delete Policy 12E. as follows: Policy 12K Adopt architectural design guidelines and signage regulations to ensure that future development along Sunny Isles Boulevard is consistent with the proposed Government Center. 27. Amend Policy 13A. as follows: Policy 13A. Adopt and implement architectural design guidelines that will result in the By 2012, the City will develop and implement guidelines for the creation of a pedestrian-oriented shopping environment along the west side of Collins Avenue. 28. Amend Policy 13B. as follows: Policy 13B. ,^~dopt and implement By 2012, the City's design guidelines and/or their implementing regulations that will require the use and address the design of parking structures, on-site parking facilities, and/or shared parking in conjunction with commercial development and redevelopment. 10 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS 29. Amend Policy 13C. as follows: Policy 13C. /\dopt and implement Ensure that minimum parcels sizes for new commercial development and redevelopment in the land development regulations are consistent with the City's design guidelines:. that will establish a minimum parcel size for new commercial development and redevelopment. 30. Amend Policy 14A. as follows: Policy 14A. Through development incentives and other mechanisms, The City shall continue to coordinate as appropriate with the private sector to increase, maintain, and improve the number of public access beach facilities. 31. Amend Objective 15 as follows: Objective 15 The following land use densities, intensities and approaches shall be incorporated in 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 15A. and 158. 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 Obiective 4 and its implementing policies. 32. Amend Policy 158. to revise the first paragraph of the interpretive text for the Town Center designation, as follows: Policy 158. The Future Land Use Map shall identify all non-residential land uses as one of the following non-residential or mixed use categories with the following characteristics and limitations as set forth in Policy 15C: * * * Town Center - The Town Center designation is a planned development district that encompasses both underlying commercial and residential land use categories iQn the master plan Future Land Use Map. This designation indicates that it is the policy of the City and government agencies to encourage and support Town Center development in the designated area in accordance with the following interpretive text. through an economic deyelopment strategy and plan. The city shall prepare and adopt the strategy and plan and accompanying development regulations, capital improvements program and possible development incentives by ~. It is intended that, over time, as opportunities arise for redevelopment of tracts of land over three acres in size, the provisions of Town Center plan shall guide the City, its citizens, property ovmers and prospective developers in the design and redevelopment of such large scale projects. Where the provisions of the plan authorize land uses or development intensities different or greater than the underlying land use designations on the future land use map, the more liberal provisions of the plan shall govern when jointly adopted by affected property owuers and the City. The Town Center is encouraged to become a 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 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 11 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS the 16ih Street Causeway and Collins Avenue to ensure a high level of accessibility to the northeast Miami- Dade/bi-countyarea. 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 serving the 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 business, employment, civic, public and private educational 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 anyone of the three uses. Both small and large 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 beth 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. Emphasis on 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~.Land 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 population to support, in part, such goods and services to create a destination draw for surrounding market populations. 12 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS * * * 33. Amend Policy 15B. to include include interpretive text for the Water and the Community Facilities designation, to be inserted after the interpretive text for the Neighborhood Business designation. Please note that both Water and Community Facilities are identified on the Future Land Use Map, but there is currently no corresponding interpretive text. The proposed text for the Community Facilities District is consistent with the existing Land Development Regulations. * * * 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 adiacent 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 facilities, and; similar uses that generally serve and benefit the community. Up to 25 dwelling units per acre are permitted for residential care facilities. The maximum FAR for non-residential uses is 2.0. * * * 34. Amend Policy 15C. as follows: Policy 15C. The City of Sunny Isles Beach shall aElept continue to utilize innovative land development regulations whieh to implement the Goals, Objective and Policies of 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 established designated in appropriate areas, except that with receiver districts sftalllimited 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 TDRs shall be established utilized, such as assigning density bonuses to receiver sites which may exceed the future land use category density limitations set forth in Policy 15B... 13 . I CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS * * * h) The City Manager shall establish maintain a management and accounting system to value, record and track TDR's subject to approval by the City Commission. 35. Delete existing Objective 16 as follows: Objective 16 The land development regulations v/hich shall be adopted in accordance with this Comprehensive Plan shall provide a procedure for vested rights determination and shall address the continuing effective existing judicial, administrative and executive determinations granting development rights to particular property owners as well as, where applicable, the expiration of such rights. 36. Delete existing Policy 16A. as follows: Policy 16.'\.. f~ determination of vested rights and beneficial use shall require: (a) "^~pplication. "'\n applications shall be submitted by the applicant to the City of Sunny Isles Beach within one year after the effective date of the Plan. (b) Review of Application. The City may appoint a hearing officer or other qualified person or entity who shall give notice, schedule and conduct a public hearing on the application. (c) Determinations. The preparation of a proposed determination including finding of fact and conclusions of law which shall be submitted to the City Commission; and (d) Final Determinations. A final determination that shall specify the development rights that are vested or the beneficial use to which the landowner is entitled, including: (i) The geographic scope of the determination in relation to the total area of the development site; (ii) The duration of the determination and an expiration date; (iii) The substantive scope of the determination; (iv) The applicability of existing and future City land development regulations; (v) Verification that construction has commenced and quarterly reporting requirements to ensure that development is continuing in good faith; and ('li) Such other limitations and conditions necessary to assure compliance v/ith the Comprehensive Plan. 37. Delete existing Policy 16B. as follows: Policy 16B. "^~ determination of vested tights shall be based upon one or more valid, unexpired permits issued by the City prior to the effective date of this Comprehensive Plan, or a government act of development approval which '.vas obtained prior to one before the effective date of the Plan, that the o'.'mer has detrimentally relied in good faith by making substantive expenditures and that it would be highly inequitable to deny the property o'Nners the right to complete the de';elopment, such that the applicant, acting in good faith, has incurred such extensive obligations and expenses that it would be highly inequitable or unjust to affect such rights by requiring the applicant to nO'.'1 conform to the current Comprehensive Plan and Land Development Regulations and that the development has commenced and has continued in good faith without substantial interruption. 38. Delete existing Policy 16C. as follows: 14 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS Policy 16C. A ','ested rights determination shall not preclude the City from mandating that the proposed development comply with the City land de','elopment regulations in effect on the date of the vested rights determination or adopted subsequent to the vested rights determination unless the development is shown to be vested with regard to the subject matter addressed by prior development order and specific requirements pursuant to the procedures and criteria stated above in Objectives 161\ and 16B. 39. Delete existing Policy 16D. as follows: Policy 16D. A vested rights determination shall specify an expiration date by \vhich all building permits necessary for development shall have been issued. The expiration date shall be reasonable and, in no event, later than the date specified in the original de';elopment order. 40. Delete existing Policy 16E. as follows: Policy 16E. It is the Policy of the City of Sunny Isles Beach that neither provisions of this Plan nor the Land Development Regulations shall depri';e a property owuer of all reasonable economic use of a purcel of real property which is a lot or parcel of record as of the date of the adoption of the Comprehensive Plan. Accordingly, the City shall adopt a beneficial use procedure under which an owner of real property may provide for relief from the literal application of applicable land use regulations or this plan when such application would have the effect of denying all economically reasonable or 'liable use of the property unless such deprivation is shovm to be necessary to prevent a nuisance under Florida law or in the exercise of the City's police power to protect the health, safety and welfare of its citizens. For the purpose of this Policy, all reasonable economic use shall mean the minimum use of the property necessary to avoid a taking within a reasonable amount of time as established by land use law. a. The relief to which an ovmer shall be entitled may be pro'/ided through the use of one or a combination of the following: i. Granting of a permit for development which shall be deducted from the permit allocation system; H. City Purchase of all or a portion of the lots or parcels upon '.vhich all beneficial use is prohibited; HI. Such other relief as the City may deem appropriate and adequate. b. Development approved pursuant to a beneficial use determination shall be consistent \vith all other objectives and policies of the Comprehensive Plan and Land De';elopment Regulations unless specifically exempted for such requirements in the boneficial use determination. 41. Delete existing Policy 16F. as follows: Policy 16F. "^~ppro';als Not Specifically Depicted on the Future Land Use Map. Many existing uses and zoning classifications are not specifically depicted on the Future Land Use Map. '.Vithin each map category numerous land uses, zoning classifications and housing types may occur. This is due largely to graphic limitations and provisions for a yariety of uses to occur in each Future Land Use Category. Subject to the limitations pf Sunny Isles Breach Ordinance No. 98 52, all existing Imvful uses and zoning approvals are deemed to be consistent with the comprehensive plan unless such a land use or zoning (a) is found through a subsequent planning study not to conform with the conditions, criteria or standards for approval of such a use or zoning in the applicable Futuro Land Use map category; (b) by uso or zoning is or \vould be incompatible with, or has, or would have an unfa';orable effect on the surrounding area in terms of impact on government facilities or resources, impact on em'ironmental resources, or would tend to create a nuisance; and (c) the implementation of such a finding will not result in a temporary or permanent taking or in the abrogation of vested rights as set forth in this Objective. IS CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS 42. Add a new Objective 16 as follows: Obiective 16 By 2010, the City shall evaluate the feasibility of developing a Community Strategic Plan that will be included in this Comprehensive Plan as a Visioning Element in order to further achievement of the Community Vision and Mission Statement. as it may be refined to reflect changing conditions and needs. 43. Add a new Policy 16A. as follows: Policy 16A. The Community Strategic Plan shall include a Mission Statement that IS reflective of the community vision. 44. Add a new Policy 168. as follows: Policy 16B. The Community Strategic Plan shall be consistent with this Comprehensive Plan, and adopted into this Comprehensive Plan as a Visioning Element. 45. Add a new Policy 16D. as follows: Policy 16D. The Community Strategic Plan shall be developed based on a public involvement process designed to engage residents, property owners, businesses and community organizations in the formulation of a new or refinement of the existing Community Vision and Mission Statement. 46. Add a new Policy 16E. as follows: Policy 16E. The Community Strategic Plan shall include milestones and benchmarks to gauge plan achievement. and processes for its periodic update to reflect changing conditions and needs. 47. Add a new Policy 16F. as follows: Policy 16F. The Community Strategic Plan shall contain strategies to maintain and improve the quality of life of existing and future residents in light of existing and proiected development and redevelopment. proiected population growth, and economic development efforts. 48. Add a new Policy 16G. as follows: Policy 16G. The Community Strategic Plan shall contain strategies to maintain and enhance the City's viability as a location for businesses, particularly businesses associated with the hospitality and service industries that form the City's economic base, or that provide key services and employment opportunities to residents and visitors. 16 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS 49. Add a new Policy 16H. as follows: Policy 16H. The Community Strategic Plan shall contain strategies to coordinate with other local governments, particularly those in the northeast Miami-Dade County area, in order to foster the achievement of mutually beneficial goals regarding quality of life, infrastructure, the transportation network, coastal area planning, economic development, and other areas of common interest. 50. Add a new Policy 161. as follows: Policy 161. The Community Strategic Plan shall be developed in accordance with and address the issues prescribed in Florida statutes pertaining to the adoption of an optional Visioning Element. 17 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS APPLICATION NO.2 CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN TRANSPORT A TION ELEMENT AMENDMENTS 1. Replace existing Policy 1 B. with a new Policy 1 B. as follows: Policy 1 B. By lune 1, 2002, the City shall establish numerical indicators against which the achievement of the mobility goals of the City can be measured such as: modal split, annual vehicular miles per capita, annual transit trips per capita, and automobile occupancy rates. The City of Sunny Isles Beach, in coordination with the Florida Department of Transportation (FDOT), shall evaluate the impact of the Transportation Concurrency Exception Area on its transportation system, the Strategic Intermodal Transportation System, and adopted level of service standards of roadways funded in accordance with Section 339.2819, F.S., and identify strategies to alleviate or mitigate such impacts. The City shall coordinate with FDOT, Miami-Dade County, and other jurisdictions in the County in the development of common methodologies for measuring such impacts. If it is determined that the Transportation Concurrency Exception Area is no longer adequate, the City shall evaluate the establishment of a Transportation Concurrency Management Area, and/or other alternatives, as appropriate. 2. Replace existing Policy 1 C. with a new Policy 1 C. as follows: Policy 1 C. By lune 1, 2002, the City shall establish a monitoring policy in coordination '.'lith the MPO by which the numerical mobility indicators can be periodically obtained. The City of Sunny Isles Beach shall continue to identify projects to support and fund mobility, enhance alternative modes of transportation, and ensure connectivity in its Capital Improvements Program in accordance with Section 163.3180, F .S. 3. Add a new Policy ID. as follows: Policy ID. The City of Sunny Isles Beach, in consultation with the Florida Department of Transportation, shall evaluate the impacts of proposed development and redevelopment on its transportation system, Strategic Intermodal System facilities, and the adopted level of service standards of transportation facilities, and identify strategies to alleviate or mitigate such impacts in coordination with the developer and other agencies as appropriate. The City shall coordinate, if feasible, with FDOT, Miami-Dade County, and other iurisdictions in the County in the development of common methodologies for measuring such impacts. 4. Add a new Policy under Objective 1, as follows: Policy IE. In evaluating impacts on the transportation system, a project determined to have a de minimus impact (an impact that would not affect more than one percent of the maximum volume at the Level of Service Standard) may be exempted from mitigation requirements. The City shall maintain records to determine whether a cumulative 110% de minimus transportation impact threshold has been reached, and shall submit such documentation as part of its annual updates to the Capital Improvements Schedule, which shall be incorporated into the Comprehensive Plan by amendment. 5. Add a new Policy under Objective 1, as follows: Policy IF. The City of Sunny Isles Beach shall include proportionate fair share mitigation options in its concurrency management program, consistent with the requirements of Chapter 163, Florida Statutes. The intent of these options is to provide for the mitigation of transportation impacts through mechanisms that might include, but are not limited to, private funds, public funds, contributions of land, and the construction or 18 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS contribution of facilities. Transportation facilities or segments identified for improvement through the use of proportionate fair share mitigation options must be included in the CIE, or in the next regularly scheduled update of the CIE. 6. Add a new Policy under Objective 1, as follows: Policy IG. By 2010, the City shall seek federal. State and local funds to conduct a Transportation Needs Study that will: provide updated traffic count information and a detailed analysis at roadway conditions, including origin/destination trips and travel forecasting based on Future Land Use categories; address intergovernmental coordination relating to transportation; address all modes of transportation, including transit, bicycle, boat and pedestrian connectivity and improvements; evaluate marketing and public outreach strategies for encouraging the use of transit and non-vehicular transportation options, establish targets for usage of transit and other transportation modes, as appropriate. 7. Amend Policy 2A. as follows: Policy 2A. The City shall plan for additions and changes to the Gity:s roadway network as shown on the Future Transportation System Map, and/or as detailed in the Capital Improvements Program, as it is annually updated. These include: a) Extension of North Bay Road through to the Eastbound lanes of Sunny Isles Beach Boulevard, in support of achie';ing the objectives of the Town Center designation in the Future Lands Use Element. b) .^..dditional internal circulation between Collins .\ venue, and North Bay Road, south of 17200 Street in support of achieving the objectives of the Town Center designation in the Future Land Use Element, and mitigate level of service impacts on the corresponding segment of Collins .^..venue; c) Extension of North Bay Road pedestrian and greenway facilities from 17200 Street to 171tfl Street. Sufficient right of way '.vill be planned for use by emergency 'lehicles, and the City's transit circulator, but the right of way designation shall prohibit public vehicular access. d) Extension of North Bay Road pedestrian and bicycle greell\vay facilities from 183m Street to 185tfl Street-: e) Additional right of way dedications, easements, or other set asides along segments of Collins l\.venue to enhance the safety, convenience and aesthetics of pedestrian mobility along the corridor. 8. Add a new Policy under Objective 5, as follows: Policy 5G. The City of Sunny Isles Beach shall continue to require, as appropriate and feasible, that all new development and redevelopment is planned and designed to promote pedestrian and transit use. 9. Add a new Policy under Objective 6, as follows: Policy 6C. The City shall coordinate as appropriate with Miami-Dade County to encourage and facilitate location of the northern terminus of the water taxi service at the proposed site on Sunny Isles Beach Boulevard Loop Road, and to ensure pedestrian, bicycle, automobile, and transit access to and from this facility. 10. Amend Policy 7C. as follows: Policy 7C. The City of Sunny Isles Beach shall continue to support the local community shuttle system feF to expand transit access to the residents, businesses and visitors. of Sunny Isles Beach to augment the service provided by the City. 19 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS 11. Add a new Policy under Objective 7, as follows: Policy 71. The City of Sunny Isles Beach shall continue to encourage bus shelters, benches and bus stops at appropriate locations, particularly at locations that will generate 20 or more passengers per day. 12. Amend Policy lOB. as follows: By October 1,2002, The City shall establish measures requiring future developments to provide sufficient right- of-way necessary to reserve land for existing and future public transportation corridor needs that are rationally related to the impacts of such future developments. 13. Add the following new Policy under Objective 10: Policy 10E. The City, through its Land Development Regulations, shall require that site plan applications be coordinated with Florida Department of Transportation's (FDOT) District Permits Engineer regarding access management issues on State maintained roadways. 14. Amend Policy l1A. as follows: Policy 11 A. The City shall analyze the changing market requirements for parking during its study for revitalization of Collins i\venue, Sunny Isles Boule';ard and North Bay Road. The analysis will be used on an ongoing basis in order to guide amendments to this element, land use controls, and City policy concerning the supply and management of public parking. \vithin the City. 15. Add the following new Policy under Objective 11: liE. Provide a system of "Intercept Parking Facilities" at maior arterial roadway access points to the City to provide accessible public parking for regional users of beaches and bay recreational resources as a means of reducing conflicts with private commercial parking facilities meant for exclusive use of retail patrons. 16. Add the following new Policy under Objective 11: I1F. Provide expanded public parking facilities proximate to regional and community open space and recreational facilities to manage public access to maior events and activities with peak period concentrations of parking demand. 17. Add the following new Policy under Objective 11: 11 G. Provide public parking garages in locations with enhanced roadway accessibility and traffic capacity as pooled public/private off-site parking resources that offer alternatives to large surface parking lots in nearby retail centers. 18. Add a new Policy under Objective 13 as follows: Policy 13C. The City shall encourage the use of transit or non-motorized transportation OPtions to the maximum extent feasible as a strategy to conserve energy resources and improve air quality. 20 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS 19. Add a new Policy under Objective 14, as follows: Policy 14G. The City shall coordinate, as appropriate and feasible, with the Florida Department of Transportation, the Miami-Dade Metropolitan Planning Organization, adiacent local governments, and other agencies as appropriate to coordinate planning and ensure consistent methodologies for evaluating and addressing impacts of development and redevelopment on shared road corridors. 21 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS APPLICATION NO.3 CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN HOUSING ELEMENT AMENDMENTS 1. Amend Policy IE. as follows: Policy IE. The City shall incorporate the final recommendations of the joint Florida Department of :ommanily Affairs/So,,", Flerid. Regional Pllllffiing Ceuncil "Regional Affordable Hoooing Strategy" inte · ;.~;~ :dable honsing pelicy, 10 the maximum extent comistent with exi51ing land 5He, de;i!~ ~~ ::~__'~;;;;;; ortatlOn, e!Wlre_ental and socml condlllons m the CIty, meludlng conOlderatlOn of lI!'Pheable g 1, 0 yes and polIcIes. ThIS polley WIll be Incorporated In the form of an amendment to ~he ~~~ c~;~r~nsi';e plan. The amendment will be initiated within six months, or the first available amendment cycle, following completion of the "Regional Affordable Housing Strategy". support the establishment of areawide affordable housing goals, and participate as appropriate in the development and implementation of the South Florida Regional Plannin~ Council's Regional Affordable Housing Strategy. 2. Add a new Policy under Objective 4 as follows: Policy 4K. The City shall coordinate with Miami-Dade County and other agencies as appropriate to ensure that ~ublic funds earmarked for affordable, workforce, elderly or special needs housing, and the full range of affordable housing financing mechanisms, are made available to residents who would qualify for assistance. The City shall utilize existin~ private, County, State and federal programs which assist individuals with home ownership through such means as subsidies, loans, loan guarantees, counseling or through other similar means, including such programs as the County Surtax Mortga~e Program. 3. Add a new Policy under Objective 4 as follows: Policy 4L. The City shall coordinate with non-profit affordable housing providers and other iurisdictions as appropriate to address the affordable, workforce, elderly or special housing needs of current and future residents. 4. Add a new Policy under Objective 4 as follows: Policy 4M. The City, on an ongoing basis, shall investigate the availability of grants and other funding sources to implement affordable, workforce, elderly or special needs housing programs. 5. Add a new Policy under Objective 4 as follows: Policy 4N. In consideration of a developer's provision of affordable, workforce, elderly or special needs housing, the City, through the land development regulations, shall consider granting up to a 20 percent density increase, to the extent that such an increase is compatible with surrounding development and site characteristics and other goals, obiectives and policies of this Comprehensive Plan. The bonus in density may also be accompanied by other adiustments on sites where staff determines transition will protect adioining development. 22 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS 6. Amend Policy 8A. as follows: Policy 8A. Cooperate with the Miami-Dade County Office of Community and Economic Development, Historic Preservation Division and.. the State of Florida, and other agencies as appropriate Department of State in ar.nually updating the County survey of historic structures and sites through City surveys and monitoring of the 319 structures over 50 years old as of the year 2000. Where possible, expand the survey through financial assistance from the State of Florida and other agencies as appropriate by applying for grants to conduct professionally trained citywide building surveys. I I I I I I , I I , I I I 1 I I I I I 23 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS APPLICATION NO.4 CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN RECREATION AND OPEN SPACE ELEMENT AMENDMENTS 1. Amend Policy 3E. as follows: Policy 3E. The City shall use its municipal powers to acquire land for Investigate the possibility of pro';iding additional parks/open space and amenities in the western neighborhoods of the City in order to meet and maintain compliance with the Level of Service Standard for parks and recreational facilities, and compensate for any loss of recreation and open space acreage that might result from coastal erosion and other factors. 2. Add a new Policy under Objective 3 as follows: 3F. Provide for balanced system of municipal parks providing open space and recreational facilities at scales of community, neighborhood, block and small scale urban spaces that meet the following activity needs: a) Passive open space that provides for individual and group enioyment of unstructured activities such as walking, sitting, contemplation, relaxation and observation; b) Resource Based Open Space that provides access to and interaction with water bodies, shoreline environments, ecological and botanical environments, and interpretive facilities that educate users about natural systems; c) Active open space that provides facilities and space for structured play; sports; shared use paths for running, cycling and skating; playgrounds; group activities; community wide gatherings for events and performances, and special facilities for the disabled, and; d) Special Facilities that support recreational activities such as community centers, cultural facilities, museums, youth centers, amphitheaters and concert venues. 3. Add a new Policy under Objective 3 as follows: 3G. Provide geographic balance in the municipal system of parks and open space as described in Policy 3F. to better serve concentrations of population in the northern (north of 183 rd Street), central (172nd to 183 rd Streets) and southern (south of 172nd Street) districts of the City as well as a balanced allocation of public space west of the Collins Avenue traffic corridor that impedes pedestrian access to oceanfront open space. 4. Add a new Policy under Objective 3 as follows: 3H. Provide municipal public gathering space suitable for community scaled events proximate to the planned Town Center (Future Land Use - 15B.) that will reinforce the destination activity patterns of the Town Center and provide a more balanced distribution of municipally owned and managed public space to complement privately provided public plazas and courtyards in commercial environments (Future Land Use - 15B.). 24 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS 5. Add a new Policy under Objective 3 as follows: 3 I. Encourage greater use of existing and new public open space west of Collins Avenue to mitigate existing and future impacts of growing public use of sensitive oceanfront beach environments that historically constitute 85% of public open space in the City. 6. Amend Objective 5 as follows: Objective 5 Complete the development of the City's Continue to seek opportunities to develop new or expand existing municipal parks within fi','e years in the City. 25 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS APPLICATION NO.5 CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN CAPIT AL IMPROVEMENTS ELEMENT AMENDMENTS 1. Amend Objective 1 as follows: Objective 1 Upon adoption of this piau, tIhe Capital Improvements Element (CIE) and Schedule shall provide for necessary replacement of existing facilities, upgrading of facilities to maintain the adopted level of service standards, and new facilities which are needed and affordable. The measurement of success will be based on adoption of the CIE, and the replacement or upgrading that maintains the adopted level of service. 2. Add a new Policy under Objective I as follows: Policy IF. The City shall review the available capital improvements plans of other agencies having jurisdiction over infrastructure and services which impacts its adopted Level of Service Standards in order to monitor its ability to meet its Level of Service Standards through the planning period, and ensure the financial feasibility of the Comprehensive Plan. Projects deemed necessary to maintain the Level of Service standard as a result of this review shall be referenced in the City's Capital Improvement Program and Schedule. 3. Add a new Policy under Objective 1 as follows: Policy 1 G. The City shall maintain records to determine whether a cumulative 110% de mmlmus transportation impact threshold has been reached, and shall submit such documentation as part of its annual updates to the Capital Improvements Schedule. 4. Add a new Policy under Objective 1 as follows: Policy 1 G. On or before the statutory deadline, the Comprehensive Plan shall be amended to include a financially feasible Five Year Capital Improvements Schedule that documents all projects necessary to achieve and/or maintain the Level of Service Standard or that otherwise implement the Comprehensive Plan. The schedule shall be updated annually through the Comprehensive Plan amendment process. In addition to City pr~ects, the Capital Improvements Schedule shall include projects to be implemented by other agencies that im_act its ability to achieve or maintain the adopted Level of Service Standards, including transportation projects that maybe implemented in whole or in part through proportionate fair share mitigation options. 5. Amend Objective 2 as follows: Objective 2 Upon .i\.doption of this plan, 11and use decisions shall be made in the context of available fiscal resources such that scheduling and providing capital facilities for new development will not degrade adopted service levels. 26 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS 6. Replace existing Policy 2A. with a new Policy 2A. as follows: Policy 2A. ~:::e :: ~~ty :ees Rot provide services or cORtaiR public educalioR or health systems aRd ;:~~:; it is re off th t these services be aRaly.ed iR accordllllCe with R,de 9J 5.016(1)(b: :~~. ::::' ;~R~~:: ~t ~ ~ciPaled that a scheel focused OR the fIrst few years of the fo~:.:~a~~.=':~ e:; , s s ach ill the future. Thus, the CIty will seek to foster the development of sU6e a facility as the population dynamics '>'/arrant. The City shall adopt a Level of Service Standard for public schools, and include public schools, in accordance with State growth management requirements and the Educational Facilities Element. 7. Amend the portion of Policy 2E. addressing the Level of Service Standrad for Recreation and Open Space as follows: 2E. * * * Park & Recreation - The City's minimum level of service standard for the provision of recreational open space shall be 2.75 acres of public and private recreation space, including beachfront, per 1,000 residents. Expansion and improvement of open space and recreational lands and facilities as provided in the Open Space and Recreational Element Objective 3 shall be provided to facilitate the geographic balance of future City park and recreation facilities not withstanding the satisfaction of the gross level of service standard. 8. Add a new Policy under Objective 2 as follows: Policy 2F. The City shall review the water supply facility workplans of Miami-Dade County and North Miami Beach, as they are adopted and/or periodically updated, in order to identify alternative projects that will increase its water supply, and shall coordinate with Miami-Dade County and North Miami Beach, as app,,'opriate, in the implementation of these proiects. In addition, the City shall prepare a Ten-Year Water Su pl~ Facilities Workplan in accordance with State requirements, and shall include projects listed in the W orkplan in its Capital Improvements Schedule. 9. Add a new Policy under Objective 3 as follows: Policy 3F. The City of Sunny Isles Beach shall include proportionate fair share mitigation options in its concurrency management program, consistent with the requirements of Chapter 163, Florida Statutes. The intent of these options is to provide for the mitigation of transportation impacts through mechanisms that might include, but are not limited to, private funds, public funds, contributions of land, and the construction or contribution of facilities. Transportation facilities or segments identified for improvement through the use of proportionate fair share mitigation options must be included in the CIE, or in the next regularly scheduled update of the CIE. 10. Amend Policy 5A. as follows: The City shall enact by ordinance, through its Land Development Regulations and Comprehensive Plan, shall implement a concurrency management system that accomplishes the addresses all Florida statutory requirements. The Concurrency management system shall be incorporated into the Land Development Regulations and shall be implemented upon plan adoption. L'\dministration of the required program involves the establishment of includes methods and capabilities to monitor outstanding development commitments and service demands posed by such commitments, plus the existing, programmed and projected capabilities of all pertinent urban service facilities or systems, including potable water, sanitary sewer, stormwater drainage, 27 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUATlON AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS recreation and open space, and public schools. On or before the statutory deadline, the Comprehensive Plan shall be amended to include a financially feasible Five Year Capital Improvements Schedule that documents all ....ro:ects necessar to achieve and/or maintain the Level of Service Standard or that otherwise im lement the Comprehensive Plan. The schedule shall be updated annually through the Comprehensive Plan amendment ...rocess. In addition to Cit roO ects the Ca ital 1m rovements Schedule shall include roO ects to be implemented by other agencies that impact its ability to achieve or maintain the adopted Level of Service Standards includin trans ortation roo ects that ma be im lemented in whole or in art throu h ro ortionate fair share mitigation options. 11. Amend Policy 5B. as follows: Policy 5B. Upon plan adoption, nNo development order or permit shall be issued which would result in a reduction of adopted levels of service, unless proiects necessary to achieve or maintain adopted levels of service are included in the Capital Improvements Schedule and in place prior to development, or within the timeframe prescribed by Florida Statutes. The City's adopted levels of service are cited in Policy 2E of the CIE. 28 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUATlON AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS APPLICATION NO.6 CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN COASTAL MANAGEMENT ELEMENT AMENDMENTS 1. Add a new Policy under Objective 2 as follows: 2. Amend Policy 8L. as follows: Policy 8L. The physical Post Disaster Redevelopment Plan is to rebuild cause redevelopment of the City in accordance with the Comprehensive Plan. The operational Post Disaster Plan will be prepared by May 31, 2001 aH:d reviewed and updated annually prior to each hurricane season. 3. Amend Policy 8T. as follows: Policy 8T. The applicable provisions of the 8ffiltfl Florida Building Code, as it mcists in August 1997, relating to hurricane precautions, inspections and permitting are hereby adopted by reference. 29 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUA TION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS APPLICATION NO.7 CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN INFRASTRUCTURE ELEMENT AMENDMENTS 1. Add a new Policy under Objective 3 as follows: Policy 3D. The City shall review the water supply facility workplans of Miami-Dade County and North Miami Beach, as they are adopted and/or periodically updated, in order to identify alternative proiects that will increase its water supply, and shall coordinate with Miami-Dade County and North Miami Beach, as a. ro riate in the im lementation of these ro'ects. Polic 2.1.5 In addition the Cit shall re are a Ten- Year Water Supply Facilities Workplan in accordance with State requirements. 2. Amend Policy 4F. as follows: Policy 4F. The City shall include a Landscape Ordinance '.vhen the City's Land Development Regulations are prepared implement landscape requirements as a component of its Land Development Regulations. 3. Add a new Policy under Objective 4 as follows: Policy 4G. The City shall coordinate, as appropriate, with Miami-Dade County to assist in efforts to achieve its Five Year Water Efficiency Plan goal of 155 gallons per capita per day. 30 --- - CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS APPLICATION NO.8 CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN COMMUNITY DESIGN ELEMENT AMENDMENTS 1. Delete the optional Community Design Element in its entirety. Existing and proposed revised goals, objectives and policies addressing urban design are provided in the Future Land Use Element. 31 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS APPLICATION NO.9 CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN CONSERV A TION ELEMENT AMENDMENTS 1. Add a new Policy under Objective 1 as follows: Policy 1 K. The City shall encourage the use of transit or non-motorized transportation options to the maximum extent feasible as a strate to conserve ener resources and im rove air ualit . 2. Add a new Policy under Objective 2 as follows: Policy 2D. The City shall review the water supply facility workplans of Miami-Dade County and North Miami Beach as the are ado ted and/or eriodicall u dated in order to identi alternative roo ects that will increase its water supply, and shall coordinate with Miami-Dade County and North Miami Beach, as appropriate, in the implementation of these proi ects. In addition, the City shall prepare a T en- Year Water Supply Facilities Workplan in accordance with State requirements. 3. Add a new Policy under Objective 2 as follows: Policy 2E. The City shall coordinate, as appropriate, with Miami-Dade County to assist in efforts to achieve its Five Year Water Efficiency Plan goal of 155 gallons per capita per day. 4. Add a new Policy under Objective 4 as follows: Policy 4D. The City shall enforce the removal of non native vegetation in order to restore or enhance degraded natural areas. 5. Add a new Objective 5 as follows: Obiective 5 The City shall deflect increasing regional and community public demands for use of shoreline environments that impact biological and hydrological functions including wetlands and dune systems by providing additional active and passive open space and recreational uses within the upland areas of the City west of Collins Avenue and east of North Bay Road. 6. Add a new Policy under new Objective 5, as follows: Policy 5A. Acquire additional lands and budget funds for improvements of public open space and recreational facilities west of Collins Avenue that will provide passive and active recreation opportunities for residents comparable to leisure use of shoreline environments such as gardens, recreational pathways, picnic areas, open play space and shaded sitting areas. 32 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS APPLICATION NO. 10 CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT AMENDMENTS I I \ I i 1. Replace existing Policy 3A. with a new Policy 3A. as follows: Policy 3A. =;: ~l == ::~ the Miami Dade Cosety P\~ ?'"!':i'::': o~~;o :~Z =~ I~::~': P~~=..:::.,i;l~~ ;ie~~y g:.~ r:~= :~eio:d c":.:,:e~::.~~~wi~ ::: ::: :: :::-~=t;;;r';"'i:~- D~::t '::e ~::: ~ =1 :: :~.;~ population projeetions for the City of Sunny Isles Beach. All planning activities pertaining to development and redevelo ment and the rovision of ublic services and facilities in the Cit of Sunn Isles Beach shall be consistent with the "Po ulation Estimates and Pro' ections" outlined below as the are eriodicall amended and updated. 2000 2005 2010 2015 2020 2025 City of Sunny 15.3 15 16,702 18,361 20.520 22,282 23,937 Isles Beach Miami-Dade 2.244,044 2.393,697 2.544,800 2,696,998 2,852.500 3,002.402 County 2. Amend Policy 3F. as follows: Policy 3F. :t ~:;e~~, ~oi' ~Ihe City shall enler ieto an interlo.'" agreement or other fa"""l agreement with the Miffi . , bl' cool System, as required by Chapter 163.3177(6)(h)(2) F.S. continue to coordinate with Miami-Dade Count Public Schools in accordance with the Interlocal A reement or Public School Facilitv Planning in Miami-Dade Countv, as it may be periodically updated. 3. Add a new Policy under Objective 3 as follows: 4. Add a new Policy under Objective 3 as follows: Policy 30. The City shall support Miami-Dade County, as appropriate. in efforts to achieve its Five Year Water Efficiency Plan goal of 155 gallons per capita per day. \ 33 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS 5. Add a new Policy under Objective 3 as follows: Polic 3P. Metro olitan Plannin coordinate lannin and ensure consistent methodolo and redevelopment on shared road corridors. 6. Add a new Policy under Objective 3 as follows: Polic 3. The Cit shall coordinate as a ro riate with Miami-Dade Count to encoura e and facilitate location of the northern terminus of the water taxi service at the ro osed site on Sunn Isles Beach Boulevard Loo Road and to ensure edestrian bic de automobile and transit access to and from this facilit . 7. Add a new Policy under Objective 3 as follows: Policy 3R. The City shall coordinate with the South Florida Water Management District in order to ensure that the Comprehensive Plan and 10- Year Water Supply Plan are consistent with and assist in the implementation of the Lower East Coast Water Supply Plan. 8. Add a new Policy under Objective 3 as follows: Polie 3S. The Cit shall coordinate with the South Florida Water Mana ement District on an on- oin basis in order to su ort the achievement of re ional water su I oals and ensure the availabilit of otable water to meet the needs of existing and future residents and businesses. 34 CITY OF SUNNY ISLES BEACH 2007 COMPREHENSIVE PLAN EV ALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENTS APPLICATION NO. 11 CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN MONITORING & EV ALUA TION PROVISIONS AMENDMENTS 1. Amend the Monitoring & Evaluations Procedures section as follows: It is anticipated that the City will develop and issue the required Evaluation and Appraisal Report every five (5) seven (7) years. The written report will include but not be limited to: . Citizens participation in the planning process, . An analysis of the key issues facing the City at the time of the report. and of how these issues should be addressed in the Comprehensive Plan, . The need and/or requirements for updating baseline data in supporting documentation, . An update, if necessary, of short and long term objectives, . A report off accomplishments and progress made on the goals, objectives and policies, . Any unanticipated problems or obstacles that have detracted from progress, and . 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'0 I: '" S '" '0 '" oS I: o '0 iU ~ J: E '" :i '" J: ... .E '0 ......~ 08- 0:;- ('\11: -'" 11')= O~ -", ('\I~ ~.g > '" a;~ .....-5 CUI: c~ '" c~ 0> ._ 0 ....0. CU.!! (.)g .- a; -'" .c~ ;j~ Q.~ 68 I.WEDNESDA)~.DE~EMBER 5. 2007 .. METRO & STATE MAKING SPIRITS BRIGHT Il'IUI'ICIlCIT/I'IlAIilIII(IAI.OSTAI'f Travelers whiz by as the Hollywood Hills Spartan Singers liven up Terminal 1 at Fort Lauderdale-Hollywood International Airport with holiday songs Tuesday. The Sreward public school district's annual Winterfestival of Music, featuring 2.000 students from 36 schools. started Monday and runs through Friday at the airport. BROWARD COUNTY Two killed in motor scooter accident on Federal Two people were killed alter they were thrown (rom their motor scooter on Fed- eral Highway south of Fort Lauderdale on Tuesday, according to the Broward Sheriff's office. The crash happened shortly after 6 p.m. on soutb- bound Federal Highway just north of Fort lauderdale-Hol- lywood International Airport, BSQ said. The man and the woman riding the scooter were thrown onto the road~ way, where several vehicles ran over them. Both died at the scene. "Investigators aren't sure at this point whether the motor scooter was struck or MIAMI-DADE COUNTY COMMISSION whether it struck anotber vebicle or exactly what caused tbose people to leave the motor scooter and land on the highway," BSO spokes~ man Jim Leljedal said. The names were withheld. m____.Mia'!JJ~e~~l~.(omlMetro__1 TH~_~J,,~_I_~ERALD MILITARY Fla. Guard to deploy in '09 deployment in the 2009-10 time frame. South Florida is home to about 600 members of the First Battalion of the U4th In{antry, which, along with BY PHil LONG two other battalions o{ the Dlorlg@Miam;Ho!'a~.com 124tb in Orlando and in the More than 3,400 Florida Panhandle, were among the National Guard soldiers - first in action in tbe early including at least 600 {rom days o{ the Iraq Wu. South Florida - are being It won't be the first time told to prepare tor a deploy- more than 3,000 Guard sol- ment to A{ghanistan in the diers have been out of the swomer o{ 2009. state on federal deployment The 12-month deploy- during a hurricane season. ment was ex~cted, but will Tittle said. During the early be sooner than previously part of the war, nearly 4,000 anticipated It means the sol- Florida Guard soldiers were diers could be gone during deployed overseas in Iraq, parts of two hurricane sea- Afghanistan or other coun- sons depending on which tries in that part o( the month tbey leave. world, Tittle said "It will be our largest Under a new Department deployment as a single unit," of De(ense policy on mobUi- said Lt. Col Ron Tittl!".. chief zation, instead o{ smaller spokesman {rom the Guard. units being called up {or ser- With 3,400 Guardsmen vice, the entire brigade will deployed overseas, there be called whenever possible. will still be nearly 8,000 The 48th Combat Infantry Army National Guard sol- Brigade (rom the Georgia diers and Air National Guard National Guard also was airmen available in the state, alerted {or the summer 2009 he said. And the Guard ha... deployment. emergency-management "It's a heads-up," Tittle mutual aid agreements with said. "We'll concentrate our other state National Guard training in case we are mobi- troops. lized." About 1,200 soldiers o( The soldiers will be the 53rd Combat Infantry responsible {or security,sta. Brigade returned {rom bilizing their patrol area, A(ghanistan in the spring o( combat, and many other 2006. tasks, nttle said. The brigade, based in The S3rd is a virtu3.I1y Pinellas Park near St. Peters- self-sufficient unit with its burg. is made up o( elements own logistics, administra. {rom throughout the state. tion, transportation and Troops were expecting a other key elements. .. The Florida National Guard has been told to get ready for a major deployment to the Middle East. $lOM for FlU medical school OK'd without voters + "AU,fROMIB the 10-1 majority. The gin will go toward a major health clinic on FlU's West Dade campus, which univeulty president Modesto "Mitch" Maidique said was doubly crucial: It not only goes toward the $50 million to $100 million construction cost, but dem- onstrates local support (or a medical school project that could be targeted (or budget cuts as }O'lorida's tax revenues swoon. C(1mmissioner Joe Marti- nez, who sponsored the reso- lution and whose district includes tbe campus, said his staff learned of the money simply by asking. He then wrote a resolution that went before the bond program's Citizens Advisory Board, a County Commission committee last month and the fun commission Tuesday. The advisory board was divided, recommending the project by a 9-4 vote. Committee chairwoman Robin Reiter-Faragalli was among the no votes, saying the county must clari(y its intent. Mayor Carlos Alvarez supported FlU's request. "The establishment o( a school o{ medicine is just the latest in a long list of educa- tional achievements that will pay dividends not only {or those who seek higher educa- tion, but (or all Miami-nade IIIlIJ --- Meet Miami Singles! Oatlt9nM.am1.COlll oilers an onIir18 M.amiclil\lllll\lOitllWflbcamchat& personals seMce fOf gills and 1M"- En,oy IIJl. bYe and romara. Font..-..... 1'1.6 FOf.eoUPIe""alngM per...... 51l~ . c.. C...I.. R-.:ll' 10 T.._....I...O a....... =hl~ mo"'c'::i ;'t& t~lyFt. E~~ =~~~='~l~~'':;; -(..:~"" .. . .n. '~~;'~F S~~:~:~: BEACH ~! NOTICE OF PUBUC HEARING NonCE IS HEREBY GIVEN that the City Commission, also sitting as the local Planning Agency, of the City of Sunny Isles Beach, Aorida, will hold a public hearing in the Sonny Isles Beach Government Center, David P. Samson COmmission Chambers, 18070 eonins Avenue. Slmy Isles Beach. Aorida, on ThUrsdaY, December 13, 2007, at 7:30 p.m., to COflSider final adq>tion of the following proposed Ordinance: _.dalir9inmitni.Rll1l .... AN ORDINANCE OF THE CITY CDMMISSlON OF THE CITY OF SUNNY ISl!S BEACH . flORIDA, ADOPllNG EAR-BASED TEXTIJlAL AMENDMENTS TO T1iE CITY OF SUNNY ISlES BEACH'S COMPREHENSM: MAS1IR PlAN AND IN PARTICtlAR. AMENDMENTS TO T1iE FUTUlE LAND USE ElEMENT. TRANSPORTATION ELEMENT. INTERGOVERNMENTAl COORDINATION ElEMENT. AFFORDABLE HOUSING ELEMENT. RECREATION AND OPEN SPACE ELEMENT. CAPlTAlIMPROVEMENTS ElEMENT. COASTAl MANAGEMENT ELEMENT. INFRASTRUCTURE ELEMENT. COMMl.tl1TY DESIGN ElEMENT. AND A MISSION SlATEMENT ENCOMPASSING THE VISION FOR T1iE CITY; APPROVING T1iE TRANSMmAl OF T1iE REPORT TO THE DEPARTMENT OF COMMl.tl1TY AFFAlRS IN ACCORDANCE WITH SECTION 163.3191. flORIDA STATUTES; PROVIDING FOR SEWWlILITY; PROVIDING F()R REPfAlER; PROVIDING F()R INCLUSION IN T1iE CODE; PROVIDING FOR AN EFFECTIVE DATE. Inquiies reoan!JroOlhis kem may be drected 10 the City CIeI1< al305-947-0006.A _ ~ \IJis dOCument Is avaiable lor public inspection during normal busi\ess hooB in aty HaIL Jane A. Hine.. !:MC.llIy C1er1< All persons are Invited 10 appear at ttis meeting or be repr~ed by an agent or Ie express their views in wril- ing 8lktessed to the Cty CorM1ission c/o the CIty Oerk. CIty d Sunny Isles Beach, 18070 CoiIinsAventJll. Sumy Isles Beac:h. FIorlda, 33160. Any person wishing tol'ddresslheOty CofMlIssionat I ptjIlichearlng Is zkAldto re<jsler with tM CilyClel'lt by completing a p(j)1ic speaket's' CllId pr\ol'to tMltem be\rr;l heard. The hearings on theSe matters may be continued al this meeling and w'rlefSldl cllcumstances,lllkitionallegal notice would not be ptWided. II. penlOfl decides to appeal any dedslon made by tM City Commission with rgpectlo any matter consideredal such meetng. they wi. need I r1lCOrd of the proceedings an:i, Iorsu::h putpOSe, may reed 10 eoue thai . vertlatim recon:l of the proceedings Is made, wNdl record indudes the testimony and evIdenCe upon which the appealls to be based. This nDtice 00es not constitute consent by the City lor IntroliJc:tlon or IIdnissionolothm'wiselnadmisslbleorlrrtle'vanlevidence,nordoes it authorile challenges or appeals nolOlI\-. erwise aDowed by law. In accordanCe with the Americans with DisabiUties Act, all persons who are disabled and who need special accommodations 10 participate In this meeting because of thai disability shotjd contact the City Manager at 305-947...()61J6. no later than 48 hour$ prior to the proceedings; if hearing impaired, please telephone the m line at 3Q5.792-1590 for assistarce. County residents who relish a thriving, vibrant commu- nity," Alvarez said in a state-- went. Supporters said the school. though centered at FlU, will have (acilities in other communities and serve patients throughout the county. County Manager George Burgess said the bond's inter- est should generally be reserved (or the Building Bet- ter Communities projects approved by voters in 2004. Rising costs will likely require more than the $2.9 billion already approved. "My recommendation i generally speaking is not to : use the Interest at all . . . to i leave it there," Burgess said. i He said FlU's request was j uniquely timely as state lead- i en debate the medical i school's future. ! He carefully avoided tall:. 1 ing a firm position (or or i against the grant. i He said the administration j would develop a tighter pro- cess for reporting and spend. ing the interest. The manager's words did little to placate RoUe. "Vou sprinkle sugar on top o( manure and call it candy," be said. Two years ago, a different financial wrinkle in the bond program was tapped by Com. missioner Bruno Barreiro to spend $8 million on a project in Miami Beach. RoUe made similar objec- tions at the time. "I just don't think it's (air that on two occasions, the dollars have Oowed out and nobody knew about it but sta(( and the person who made tbe resolution," said Rolle. Rolle wants to close a $5 million to $10 million gap on a new police station in his inner--city district. FlU had a head start because its associate vice president (or real estate development and planning, Charles Scurr, worked on a previous bond issue. He was aware there would be interest. "It always belps to be early in the game," Maidique said. Commissioner Audrey Edmonson, who earlier opposed the grant. said Mai. dique convinced ber it was key (or her alma mater. As the debate ended, RoUe raised tbe rhetorical temper- ature. "This is not just a 'no,' " he said. "It's a black no." Responded Martinez, a former policeman: "I was in central district - I worked there, Commissioner Rolle, before you ever thought o( being a commissioner." Barreiro, the chairman, quickly ended the discussion. The question o( bow to spend the interest - about $S million still remains, and millions more could be gen- erated later - ltruck at the deeper issue o(wbether com. missioners should primarily serve their district or the community at large:. CITY OF SUNNY ISLES BEACH PUBLIC HEARING NOTICE OF COMPREHENSIVE PlAN UPDATE The City COmmission of the City of Suooy Isles Beam prq>OSes to adopt the following Ofdinance: AN ORDINANCE OF T1iE CITY OF SUNNY ISlES BEACH, FlORIDA AMENDING T1iE CIlY'S COMPREHENSIV[ PLAN BY ADDING A PU8UC SCHOOL FAClLmES ELEMENT AND AMENDING T1iE INTERGOVERNMENTAl COORDINATION ElEMENT, CAPITAL IMPROVEMENTS ElEMENT; PROVIDING F()R SMRABIUTY; PRDV1DING FOR REPEALER; PROVIDING FOR INClUSION IN T1iE CODE; PROVIDING FOR AN EFFECTIVE DATE. NOTICE ts HEREBY GIVEN that the City Commission, in its capacity as the Local P\anning Agency, will hold a Publ'1C Hearing 00 Thursday, December 13, 2007, at 7;30 p.m., Of as soon thereafter as pos- ~~/:Je~ :ar:~~~:~~l ~es~~i~~=m~m:ont~:; ~:7~~~~~~:: dations to the City commission. in its capacity as the governing body of the City, regarding the Ordinance described above. PlEASE NOTE: the City COmmission will hold a Public Hearing and First Reading ot the Ordinance 00 Thursday December 13, 2007, immediately loIlowing the meeting of the Local Planning Agency, at the CommissiM Chambers, Sunny Isles Beach Government center, 18070 Collins Aveooe, Fkrlda. The Ordil'lance in its entirety may be inspected at the Office of the City Clerk during regular wor1Qng hotn, Persons wishing to appeal any decisiM made by the City Commission with resoect to any maner coo. sidered at such hearing wiD need a record of the proceedings and for such ~rpose may need to ensure that a vetbatim reaJd DC the proceedings ~ made, which includes the testimony and evidence upon which the appeal Is based. Asly ancl aU interested parties may appear at the above meeting and be heard with respect to the pr0.- posed ilems. Persons with disabiUties reQuiring accommodations in order to participate shoukf contact the City Clerk al (305}-792-1703 at least three business days in advance to request such accommodations. It hearing impaired, please tele~ the roo Une at 305-792-1590 for assistance. Jane A. Hines, CMC CllyCler1l City of Sunny Isles Beach, Florida 0 <( w := to fI) 0 ... W to ...J CD ~ to ~ - Q) z - III Z - ::::J fI) fI) 'C U. I: 0 <( 0 ~ ... - Q) (3 :z: Q) c: 0 ~ Q) Q) OJ C E >..: ro ro Q) a.. ,Q z en - C. t c: 'E 0 'i: Q) ~ u .~ > u en "0 Q) Q) (3 <( en 0 .... .... CI CI CI CI CI CI CI CI CI ~ 10 10 cO CI CI CI CI >< 00 00 C') to >..: Q) ..c E >..: :J Qj Q) Z ..c 0.' E c: >. 0 I- :J t ... z Q) Q) 0 "0 en N '0 <( c: en u - ED ...... 0 0 ~ N - It) a 0 - N W "f"'" ~ . . (I) . .... .. ~ co C c: fii 0 .- .. co ~ 0 .- ..c - .c ~ ~ D.. 1 8'30 BRO,^,~RD PLUS ENDANGERED SPECIES ..~~__~~~____~_____~____~_____tlj~!!.l!~!~14.(()~/~r~~~~_Lnt"~.~I_A~I.~.EI!~,~ 8B I .WEoNESoA Y. DECEMBER S. 2007 BROWARD COUNTY Vote on animal care committee postponed The Broward County po!ltponed a vote to create a Commission on Tuesday formal Animal Care Advisory Committee. The plan to revamp the county's inionnal animal care committee was first lUg:. gested a little more than a year ago, but the proposal resurfaced this summer after an investigation questioned the procedures used (or euthanasia and for selling ani~ mals at the county's Fort lau- derdale sheller. 1870 SW 39th St. The proposal calls (or nine members who serve specific roles in animal care, law enforcement and animal wel- fare. The commission will revisit the proposal in Janu- ary. <1 .. 'E o u ,., c '" .. '" o e- ::J c. l!! .. o - '0 Q. )( .. ,., '" ~ ,., C '" .E .. o vi -" o ~ .. ~ '" ~ .. '0 .. ... l!! u o c ,., '" E ::J o >- -0 .. ... U ;; .E .. Cl '" C. '0 C '" ~ '" '0 .. ;; C o '0 ;; ; J: E '" :iE .. .s::. I- .E '0 .. :0 .. c. c. '" '0 '" .. ;; ... ;; .. U C .. '0 '> .. .. > iii ::J U C o U '" '" '0 .. '0 '> e c. o!! g Gi .. .s::. U} W '" :E I- Your new ride Is waillllg for you in ~ Car Trouble' l'oIynI.n ~ ftUlwrlng MelsH.1na 2 ~W5.t:.t:.h~ Buch TM.-tre &.30 p.m. &.fto<'t'" p.1....lo $udwI'....nlrlf- ."IotIftHtI~"""\HMUl~;JtnImJJlHII~ ~ot,.wtm[mu"KMtNf'r4fttUT'EFht """"'S<. &Du. ~ '....MI.ttt.lHe'm .",wNtht. 8.Ndt.^,^."A:t.~lu.~~ rllft..ncf~" Oowatown: eca.n .tm4 L1ppMo1n Ccnwr(t030 P(lIt St). .~"tA1A.t r.ykIr,Jobnoon. Tah:.N~ FKEE' 95+921-:5404 1_,"",_ (it ~ ......_105-l54-m2 _~.2535 O!btHiwniHtnllllO) . __cIA"'''' . PIN STRIPING . INTERIOR RESTORING . WATER LEAKS . BODY MOLDING :STRMGHT' 'SYNTHETic: ENAMEL ENAMEL: IV", I Aga'f;tp:Cling : &: Cracking I Limiled Colo,. : , . . . ~4995 ~ Service yciu Can Trust ~ Experienced Craftsman ~ One Year Warranty Bathroom Remodeling General Home Repairs Kitchen Remodeling Window Replacement Handyman Work Door Replacement Fence Installation Crown MOldlngS~ Cer.mlcTlle ~~ Painting ~~ll Carpentry ~ PlumbIng \~ Closet Systems ~ + ENDANGERED? The Florida manatee may get a break thanks to Gov. Crisfs continued support. 'We need to protect these gentle creatures ...'said Crist. KTEI.fJlDlEW MlUMlMERAlO '........ Gov. Crist stands up for the Fla. manatee .GOY. Charlie Crist's Intervention may help keep the manatee on the endangered species list. BY (URns HORGAN cmorgan@MlM'llH...."kt.com State wildlife managers, once set to strip the manat~ of its "endangered" status, may be poised to order a sur- prising change of course that would leave the iconic sea- cows atop Florida's Imper- iled species list where they'Ve been (or decades. The Florida Fish and Wildlife Conservation Com- mission. pushed by boating, business and building groups who argue that the manatee population has rebounded. was scbeduled to make a final decision on the contro- versial move to knock them down a notch to "threat- ened" at a meeting Wednes- day in Key LaJRO. But questions from Gov, Charlie Crist appear liuly to extend. perhaps indefinitely, a three-month reprieve tbe commission granted in Sep- tember wben Crist first stepped into the issue. Despite a Dew st.atewide manatee management plan. Crist said Tuesday he .- II1II-- AN ORDINANCE OF THE CITY OF SUNNY ISl1S BEACH, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN BY ADDING A PUBLIC SCHOOL FACILITIES ELEMENT AND AMENDING THE INTERGOVERNMENTAL CooRDlNATIDN ELEMENT. CAPITAL IMPRO'/[MENTS ELEMENT; PROVIDING FOR SEVERABIUTY; PRDVlDlNG FOR REPEALER; PROVIDING FOR INClUSION IN THE CODE; PROVIDING FOR AN EffECTIVE DATE. NonCE IS HEREBY GMN that the City Commission. in its capacity as the local Planning Agency, win hold a Public Hearing on Thursday, December 13, 2007, at 7:30 p.m., or as soon thereafter as pos- sible, at the Commission Chambers. Soony Isles Beach Government Center. 18070 Collins Avenue. SuMY Isles Beach. Florida. The purpose of the public hearing is to consider and make recommen- datioos to the City commission. in its capacity as the governing body 01 the City, regarding the Ordinance described above, PLEASE NOlt: the City Commission win hold a Public Hearing and Am Reading of the Ordinance 00 Thursday December 13, 2007. immediately fol\Owing the meeting of the local Planning /v;)erq, at the Commissioo Chambers, Sunny Isles Beach Government Center. 18070 Collins Avenue, Aorida The Ordinance in Its entirety may be inspected at the OffICe of the City Oer\t during regular wor1dno hoIxs. Persons wishing to appeal any decision made by the City Commission with respect to any matter coo. ::~~I~~:~r:e:ea=~~th: =~~~~~te~=:l:r:r: _ which the appeal I. based. My and aD interested parties may appear at the above meeting and be heard with respect to the pr0- posed items. Persons with disabilities requiring accommodations in order to participate shook! contact the City C1e1k al (305)-792-1703 alleast three business days in advance lo request such accommodations. If hearing impaired, please telephone the TOO Hoe at 305-792-1590 for assistance. Jane A. HInes, CMC CItyClerl< City of Sunny Isles Beach, Rorida C!~~.l{:~;i~~ T.~oi.:b~kT;tcl,~~ CITY OF SUNNY ISLES BEACH PUBLIC HEARING NOTICE OF COMPREHENSIVE PlAN UPDATE CITY OF SUNNY ISLES BEACH NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN that the City Commission, also sitting as the local Planning Agency, of the City 01 Sunny Isles Beach, Florida, w~1 hold a public heamllln tile SuMY Isles Beach Government center, David P. Samson Commission Chambers, 18070 COllins Avenue, &my Isles Beach, Florida, on Thursday, December 11, 2007, at 7:30 p.m., to consider fmal adoptioo 01 the following proposed Ordinance: AN ORDINANCE OF THE CITY COMMISSlDN OF THE CITY OF SUNNY ISLES BEACIi . FLOOOA, ADOPTING EAR.BASal TIX11JRAL AMENDMENTS TO THE CITY OF SUNNY ISLES BEACIi'S COMPREHENSM: MASTER PlAN AND IN PARTICUlAR. AMENDMENTS TO THE MLl\E lAND USE illMENT, TRANSPORTATION ELEMENT. INTERGOVERNMENTAL COORDINATION ELEMENT. AFfORDABLE HOUSING ELEMENT, RECREATIDN AND OPEN SPACE ELEMENT, CAPITAL IMPROVEMENTS EUMENT. COASTAL MANAGEMENT ELEMENT. INFRASTRUCTURE ELIMENT. COMMUNITY DESIGN illMENT. AND A MISSlON STATEMENT ENCOMPASSING THE InSlON FOR THE CITY, APPROVING THE TRANSMITTAL OF THE REFORT TO THE DEPARTMENT OF COMMLtlITY AfFAIRS IN ACCORDANCE WITH SECllDN 163.3191. FLoroOA STAnms, PROInDlNG FOR SEWWlIll1Y; PROlnolNG FOR Pl'PfAlIR; PROlnDING FOR INCLUSION IN THE CODE; PROInDING FORAN EFFECTlVE DATE. lnQuiies regarding this item may be directed lo the City OEn at 305-947-0606. A copy of this doaJment ~ avaiable lor pubf~ inspedion during normal busi1ess houn ;" City Hall. Jane A.. Hines, CMC, City Qerk AI pefSOI'lS are Invited 10 appear at this meeting or be represented by an agent, or ~ el<press ttelr views In writ- ing IldcRsSed 10 the CIty CclnvMsIon rio \he City On CIty ~ Slmy Isles Beach, 18070 Collins Avenue, Sumy Isles Beach, Aorida. 33160. Any person wishlrtllo IKklItss the Oty CommIssioo ala ptGIiC heaMg Is ~ to registM with the C1fy Cletkbytol'l'(lletlng I pOOic speakers'canlpr\or to the Item being heartl. ThllhearWlgSOO thtse matters may be oontinued at this meeting and onder Sldl cm.nstances, adlItionaI JeoaI notice MlUId I1lI be provided. "a person decides to appeaJ any decIslon made by the City COI'Ivnissioo wilh mp<<:llo any mattt( considered at such meeting.lhey wi. need a rewrd of the proceedin9S am, lor Sldl pII'IlOSe, may need to ensurtthall verballm record of the proceedings Is rnade,wNchreccrd inc:kJ:lesthe 1lS!imony and ~ upoo wtlch the 8PDfal is 10 be based. This notice does not consIiluIe consent by the City lor introdlclion or adrrission 01 othetwise inadnissible or Irreltvanl evkIerl::e,rordoes 11 authorize challenges or appeals 001 oUt- trwiseallowed by law. In &eaJrdanee with the AmerIcans wilt1 DiSabilities Al:l I. persons who are disabled and who need speclaI accommodations kl paltidpala In this meeting because ol.that disability sh)Ljd contad the CIty M8l'IllQM at 3Q5.g.(J.{)606, no later than 48 hourS pOor to the proceedings; if hearing Impaired, please telephone !he m line at 305-792-1590 lor assistance. remains concerned about uncertain population esti- mates, rising boat kiDs and a record 416 deaths overall last year. ""We need to protect these gentle creatures, and I've consistently (elt that way," said Crist, who as a state senator pushed a bill to man- date propeller guards (or boals. Commission Chairman Rodney Barreto, a Miami businessman, said he would respond to Crist's concerns - though be couldn't predict what six fellow commission- ers would do. "Ue is our leader. He has asked us 10 look at it," Sar- reto said. "J( we need to put it back on the table, I have no issue with it." That would likely also reopen a larger, equally con. troversial debate over the state's system (or cL'lssifying at-risk animals, which envi- ronmentalists say (avors developers. Activists weren't ready to celebrate but, with Crist's message clear, they are sud- denly hopeful the seacows will keep an endangered des- ignation tbey argue is more than symbolic. "What you call tbem dic- tates what you can do to pro- tecl them," said Pat Rose, executive director o( the Save The Manatee Club. The governor's interven. tion was a blow (or a coali- tion o( marine and develop- ment interests thll campaigned (or six yelrs to downlist the manatee. Herald Tallahassee Bureau reporter Gary rmeout contributed to this story. + FEDERAL HIGHWAY Two killed in motor scooter fall Two people were killed after they were thrown (rom their motor scooter on Fed. eral Highway south o( Fort Lauderdale on Tuesday, according to the Browlrd Sheritrs O(flCe. The crash happened shortly after 6 p.m. on south- bound Federal Highway just north o( Fort Lauderdale-Hol. lywood International Airport, BSOsaid The man and the woman riding the scooter were thrown onto the roadway, where several vebicles ran over them. Both died at the scene. "Investigators aren't sure at this point whether the motor scooter was struck or wbether it struck another vehicll!: or exactly what caused those people to leave the motor scooter and land on the higbway," BSO spokes- man Jim Leljedal said. Deputies withheld tbe pair's Dames on Tuesday because their {amities hadn't been told. Meet Miami Singles! DilmginMiami.cDlllollllflanonllfle Miamitla'i1gwilhMbtamcNl& pelsonalsS8fVicelofgirtsardQUV$. [~ioYlW1.IoveItld'amente. _Jia"lIQII'lf"lianIi.tO/fl ..."''- To: Via: From: Date: Re: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S, Edelcup, Mayor Lewis J. Thaler" Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 792-1565 Fax (305) 947-2150 Building Department A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM Honorable Mayor and City Commission A, John Szer1ag, City Manager Jorge L. Vera, Assistant City Manager/ Service Division Robert Solera, Community Development Director December 13, 2007 Comprehensive Plan Amendments RECOMMENDATION It is recommended that the City Commission approved the Comprehensive Plan Amendments based on the approved Evaluation Appraisal Report (EAR) Report. REASONS Based on the adopted the Evaluation Appraisal Report (EAR) report of September 2005, the planning consulting fIrm of Bell David Group has prepare the amendments to the City's Comprehensive Master Plan based on the adopted EAR report, These amendments are intended to implement the following, 1. Policies in the Future Land Use Map, 2, Housing Element, 3. Transportation Element, 4, Capital Improvement Element. 5, Infrastructure Element. 6, Conservation Element, 7, Intergovernmental Element, Upon second approval by the City Commission of this Ordinance the amendments will be transmitted to the Department of Community Affairs (DCA) for [mal suffIciency review, Approval: Funding available: Agenda Item No.: J ~- )3-0'7 Finance Department City Manager Commission Meeting Date: BELL DAVID PLANNING GROUP, INe. Navigating Florida's Planning Requirements MEMORANDUM TO: Mayor and Commission, City of Sunny Isles Beach FROM: Jerry H. Bell, AICP DATE: December 13, 2007 RE: Executive Summary Proposed Adoption of EAR-based Amendm~pts " Proposed Adoption of the EAR-based Ame~dh,ents The City of Sunny Isles Beach adopted its Comprehensive, QJlEvaluation and Appraisal Report (EAR) in September 2005, The EAR wa' 9:~equently found sufficient by the Florida Department of Community Aff~i . l As the next step in this process'4?;m~Ci~X ". h~..~ pr~e~r~d1/11:t:r8rop pplications for amendments to the CompFehehsiv"~;f~la6-b~sed on the;r\ '1/ d EAR. These amendments are intended to: implement the recommend~jtio'ns contained in the City's adopted EAR; generally update the Comprehensive"Plan and its goals, objectives and policies; address issues that have ari~~p:since the date of the EAR, and; address subsequent changes in State gro~hmanagement legislation, The amendments are collectively referred to as EAR-based amendments. The 11 applications correspond to the Comprehensive Plan elements to which amendments are recommended, and the Monitoring & Evaluation Provisions, The City approved transmittal of its EAR-Based Amendments to DCA for preliminary sufficiency review upon first reading of the adopting Ordinance on May 17, 2007. In the August 24, 2007 Objectives, Recommendations and Comments (ORC) Report, DCA provided five objections and four comments to the proposed amendments, The City's response and proposed corrective actions are as follows, The proposed amendments to Future Land Use Policy 15A. (Application No, 1, Future Land Use Element Amendment 32, pp, 8 - 9) have been revised to remove language that might be interpreted to suggest that the City is increasing densities and intensities in the Town Center District beyond what is presently allowed, The proposed amendments to the Housing Element (Application No.3, Housing Element amendments 2 - 6, pp, 17 - 18) have been revised and strengthened in response to concerns that the proposed policies lacked specificity. The proposed amendments to the Transportation Element were revised to include a Policy addressing coordination with the District Permits Engineer on access management issues, Proposed amendments 2, 3, 4, 9 and 10 to the Capital Improvements Element (Application No, 5, pp, 21 -22) were revised to more clearly address recent changes to the State's growth management requirements regarding concurrency. The proposed amendments to the Capital Improvements Element (Application No" 5, Amendment 7, Policy 2F, P.21), Infrastructure Element (Application No, 7, Amendment 1, Policy 3G, p, 24), Conservation Element (Application No, 9, Amendment 2, Policy 20, p, 26), and Intergovernmental Coordination Element (Application No, 10, amendments 3, 7 and 8, policies 3N, 3R, and 3S, pp. 27 -28) were revised in response to new requirements regarding future water supply plc:mning. In addition, the proposed amendments were revised t9 update the population figures based on the most recent State estimates.,.:;~lso, they address the potential to include the proposed Community Strategig:iPlan as an optional "Visioning Element" in the Comprehensive Plan, refe~~nGe SFWMD permit criteria and State criteria for the use of submerged s "., ejgn lands in the proposed interpretive text for the "Water" Future Land U 'trict, and include new interpretive text for the "Community Facilities" District. changes to the Map itself are proposed to implement the "Water" or " unity Facilities" designations, as they are already identified on the adopte After adoption by'1Ple7"eitYt ~HPon;Ai~~co~:~+:r~adir1g' o. amendments will be transmitted t6"'the'Statefor final sufficienc anticipates that its revisions fully address DCA's objecti6ris, and comments. Ordinance, the review, The City recommendations RECOMMENDATION Adoption of the EAR-based Amendments to the Comprehensive Plan 2 , City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S, Edelcup, Mayor Lewis J, Thaler, rice Mayor Gerry Goodman, Commissioner Roslyn Brezin, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City ,'vIanager Hans Ottinot, City Anorney Jane A, Hines, CMC, City Clerk MEMORANDUM TO: A. John Szerlag, City Manager Jorge Vera, Asst. City Manager/Service Jane Hines, City Clerk '\ DATE: February 12, 2008 FROM: Hans Ottinot, City Attorney RE: Comprehensive Plan Amendment This is to notify you that the Department of Community Affairs ("DCA") has found the City's Comprehensive Plan amendments to be in compliance with state law, Please note that the City is required to post the attached Notice of Intent on its web page, Thank you for your prompt attention to this matter. HO/jb /attachment: cc: The Honorable City Commission Fernando Amuchastegui, Asst. City Attorney Jerry Bell, Planner / f.'. /{\., : ,,\~\ 'X. J \\ )c . '}\J'~ V \ S TAT E 0 F F LOR IDA \.'DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" ./ CHARLIE CRIST Governor THOMAS G, PELHAM Secretary February 8. 2007 The Honorable Norman S. Edelcup Mayor. City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach. Florida 33160 Dear Mayor Edelcup: The Department has completed its review of the adopted Comprehensive Plan Amendment DCA No. 07-1 ER for the City of Sunny Isles Beach. as adopted by City Ordinance 2007-295 on December 13. 2007. and has determined that it meets the requirements of Chapter 163. Part II. Florida Statutes. for compliance. as defined in Subsection 163.3184(l)(b). Florida Statutes. The Department is issuing a Notice of. Intent to find the plan amendment in compliance. The Notice of Intent was sent to the Miami Herald newspaper for publication on February 11. 2008. The Department's Notice of Intent to fmd a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9). Florida Statutes. No development orders. or permits for a development. dependent on the amendment may be issued or commence before the plan amendment takes effect. Please be advised that Section 163.3184(8)(c)2. Florida Statutes. requires <;1 local government that has an Internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the Department's Notice of Intent. Please note that a copy of the adopted City Comprehensive Plan Amendment and the Notice of Intent must be available for public inspection Monday through Friday. except for legal holidays. during normal business hours. at the Sunny Isles Beach City Hall. 18070 Collins Avenue. Sunny Isles Beach. Florida 33160. If this in compliance determination is challenged by an affected person. you will have the option of mediation pursuant to SubsectionI63,3189(3)(a). Florida Statutes. If you choose to attempt to resolve this matter through mediation. you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. 2555 SHUMARD OAK BOULEVARD' TAllAHASSEE, FLORIDA 32399.2100 Phone (850) 488.8466/Suncom 278.8466 FAX: (8::0) Q2'.U78;"unco''n 2Qi.C781 Web 5 i t e: h t t p II ww W ' d ca. 5 tat €' f' 'J ~ COMMUNITY PLANNING AREAS OF CRITICAL STATE CONCERN ;IELC ;JFfI{_ E .-Jr.:.: ;~,,"G .., cr::'MMUNITY iJEVELCPME',i Phone 8RO-41l1\-7356/SUNCOM 278.2356 Pr,one 305-289-2402 ~r",r.8 BtO-488-1956/SlJNCOM 278-1Q'Y; Honorable Norman S. Ede1cup February 8.2008 Page 2 of 2 If you have any questions. please get in touch with Mr. Paul Darst. Principal Planner. at telephone number 850-922-1764 or email address paul.darst@dca.state.fl.us. ) ;~n~7~ ~11 ~ fl~~:jJ Mike McDaniel Chief. Office of Comprehensive Planning MM/pd Enclosure: Notice of Intent c: Ms. Carolyn A. Dekle. Executive Director. South Florida Regional Planning Council Ms. Jane A. Hines. Sunny Isles Beach City Clerk Mr. Jerry Bell, Planning Consultant for Sunny Isles Beach ST ATE OF FLORIDA DEP ARTMENT OF COMMUNIlY AFFAIRS NOTICE OF INTENT TO FIND CIlY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 07-IER-NOI-1331-(A)-(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the City of Sunny Isles Beach, adopted by Ordinance No. 2007-295 on December 13, 2007, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163,3189, F,S. The adopted City of Sunny Isles Beach Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Sunny Isles Beach, City Hall, Clerk' s Office, 18070 Collins A venue, Sunny Isles Beach, Florida 33160, Any affected person, as defined in Section 163.3184, F.S" has a right to petition for an administrative hearing to challenge the proposed agency determination that the Amendment to the City of Sunny Isles Beach Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28- 106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local government, Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F ,S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become fmal agency action, If a petition is filed, other affected persons may petition for leave to intervene in the proceeding, A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Uniform Rule 28- 106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S" or to participate in the administrative hearing, After an administrative hearing petition is timely filed, mediation is available pursuant to Sub-section 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings, The choice of mediation shall not affect a party's right to an administrative hearing. Jt!~~c't;1 ~CllhY Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 STATE OF FLORIDA DEPARTMENT OF COMMUNllY AFFAIRS NOTICE OF INTENT TO FIND CllY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 07-IER-NOI-1331-(A)-(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the City of Sunny Isles Beach, adopted by Ordinance No. 2007-295 on December 13, 2007, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Sunny Isles Beach Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during nonnal business hours, at the City of Sunny Isles Beach, City Hall, Clerk's Office, 18070 Collins A venue, Sunny Isles Beach, Florida 33160. Any affected person., as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the Amendment to the City of Sunny Isles Beach Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Unifonn Rule 28- 106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local government, Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding, A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Unifonn Rule 28- 106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing, After an administrative hearing petition is timely filed, mediation is available pursuant to Sub-section 163.3 I 89(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. k;l'? 3h,J Mike McDaniel, C ief Office of Comprchensi ve Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100