Sunny Isles Beach planning body delays vote on comprehensive plan cleanup after debate over developer bonuses

The Local Planning Agency of the City of Sunny Isles Beach tied 2-2 on a motion to transmit to the state a proposed ordinance amending the comprehensive plan’s future land use element, after commissioners expressed concern that references to bonuses and numeric “maximums” could be read as entitlements for developers.

The ordinance presented by Caitlin Forbes, of Complete Cities Planning Group, would update definitions, outdated statutory and data references, compatibility language and “maximum level of development” figures for the plan’s land‑use categories. “This was really a cleanup effort,” Forbes said, adding that staff recommended approval and that the next step if approved would be to transmit the ordinance to the state land planning agency for review and comment.

The pause followed extended comment from Commissioner Stuyvesant, who said the draft lists formulas that could be interpreted as granting developers automatic bonuses. Stuyvesant cited numeric examples in their written comments, saying the mixed‑use resort high‑density category reads as a base of 50 dwelling units, rising to 80 with bonuses and to 104 with bonuses plus TDRs. “Until bonuses are clearly defined as a privilege and a right and the criteria for them to be approved or not,” Stuyvesant said, “my recommendation will be not to put the bonuses…in here.”

Caitlin Forbes and city staff responded that the comprehensive plan must identify upper maximums for density and intensity, but that bonuses are implemented through the land development regulations (LDRs) and are not guaranteed by the plan. “Your maximums are established in the comprehensive plan, and it in no way awards or asserts a guaranteed maximum,” Forbes said. City Attorney Alan reiterated that any entitlement or award of bonuses would be determined through the LDRs and not by the comp plan text.

Other commissioners urged moving the cleanup forward. Commissioner Viscara said the item and workshops have been underway for years and that bringing the comp‑plan cleanup forward would “get this ball rolling.” The discussion also referenced ongoing work: staff noted there is an East Side zoning in progress that has paused certain development applications while the city continues code updates.

When the motion to transmit the ordinance was called, the roll call produced a 2‑2 tie: Commissioners Viscara and Mayor Maria Svetchen voted yes; Commissioners Stuyvesant and Joseph voted no. The agency recorded that the tie requires returning the item to a future meeting for further consideration.

Because the ordinance was not transmitted, the next steps described by staff — state review and a second reading after comments — were not initiated. Participants said staff will return with additional materials, including a separate ordinance to define bonuses and implementation details in the LDRs.

The tie leaves the comp‑plan cleanup in limbo pending further revisions or an amended motion at a subsequent meeting.