Commission adopts first-reading changes to future land use element, clarifies Mixed Use Resort maximums; zoning-in-progress and bonus program review to continue

The Sunny Isles Beach City Commission on Wednesday approved on first reading a text amendment to the comprehensive plan’s future land‑use element that formalizes intensity limits and density maximums for several residential and mixed‑use categories, including explicit floor‑area‑ratio and transferable‑development‑rights limits for the Mixed Use Resort (MUR) district.

City planning staff said the amendment corrects inconsistencies between the comprehensive plan and the land‑development regulations and “introduces critical definitions into the future land use element that have not been in place.” The amendment establishes maximums the city has been applying in practice for Mixed Use Resort projects — keeping a base FAR of 2.5 and formally listing maximum bonus FARs and TDR (transferable development rights) calculations used on past projects.

Why it matters: The ordinance clarifies what intensity and density a developer may lawfully expect without seeking special approval, which affects project entitlement, local review timelines and potential development bonus negotiations.

Planning director Amy (staff) told the commission: “This is a text amendment to the future lead and use element of the city's comprehensive plan. This is gonna be our first big push to fix the inconsistencies between the land development regulations and the comprehensive plan that we have been discussing since, 2023.” The staff presentation showed the draft language would (among other changes) “establish the maximum bonuses available at 4.6 [FAR] and maximum TDRs at 5.98” for the MUR district and add a TDR density calculation of 104 dwelling units per acre.

Developers with pending applications urged the commission not to let the citywide “zoning in progress” block active site‑plan reviews. Tracy Slavens, speaking on behalf of an applicant she called “Desert Entities,” asked the commission to “remove the MUR District from this zoning in progress resolution allowing the project to move forward,” saying the team’s proposal “complies with the code” and that the planned code changes would not affect the project’s ultimate developability. A co‑applicant, Eric Forden, said project financing was time sensitive and asked that the city allow the applicant to proceed.

City Attorney Alan Cole and planning staff described the legal and procedural reasons the zoning‑in‑progress remains in place while the commission directs staff to analyze development bonus programs. Cole said the zoning‑in‑progress is a notice vehicle to avoid equitable‑estoppel claims and to inform property owners there are pending code changes; he also explained the city can, on a case‑by‑case basis, allow an individual project to proceed if the applicant commits to comply with anticipated changes. “You still have a zoning in progress,” Cole said. “You're just compromising the city's ability to provide notice of that.”

What the commission did: Commissioners voted to adopt the comprehensive plan text amendment on first reading. The city also brought forward a project‑specific consulting agreement with Complete Cities Planning Group — the planners who led the workshops — to support the next phases of revisions. City staff told commissioners Complete Cities will honor prior contract rates and that Phase 1 (a Town Center North vision) and Phase 2 (analysis of the development bonus program) will be prioritized.

Next steps: The ordinance will return for a second reading after state review. Staff said they will continue to draft the zoning‑code amendments that would revise the development bonus methodology for the Mixed Use Resort district; the commission kept in place the zoning‑in‑progress while that work proceeds and retained the ability to consider individual site plans on a case‑by‑case basis.

Votes and procedural notes: The comprehensive plan amendment passed on first reading (voice vote recorded as unanimous for first reading in the public minutes). Second reading and formal transmittal to the state agencies will follow once staff completes the clerical transmittal package.

Ending: The item drew sustained public and developer interest and prompted staff to schedule further briefings. Planning staff and the consultant said they aim to return with draft LDR language and a Town Center North vision document in the coming weeks.