HomeMy WebLinkAboutOrdinance 2015-469 ORDINANCE 2015-Li Z,„9
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 265-37 •
OF THE LAND DEVELOPMENT REGULATIONS TO MODIFY
FRONT AND SIDE YARD SETBACK REQUIREMENTS FOR
PROPERTIES LOCATED ON THE NORTH SIDE OF SUNNY
ISLES BOULEVARD TO PROMOTE A PEDESTRIAN FRIENDLY
ENVIRONMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the purpose of this Ordinance is to promote the public health, safety and
welfare of the residents of the City of Sunny Isles Beach by promoting pedestrian friendly
development on the north corridor of Sunny Isles Boulevard; and
WHERAS, the City Commission recently held a workshop to discuss certain code
revisions to promote a pedestrian friendly environment on the north side of Sunny Isles Boulevard;
and
WHERAS, the City Commission, acting as the Local Planning Agency, pursuant to
Section 57-2 of the City Code, reviews, and made recommendations regarding the proposed
amendment to the City Land Development Regulations; and
WHEREAS, the City Commission wishes to amend Section 265-37 of the Land
Development Regulations to promote a pedestrian friendly environment on the north side of Sunny
Isles Boulevard.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon
adoption hereof.
Section 2. Amendment. Section 256-37, "Zoning", of the City Code is amended to read as
follows:
§ 265-37. - Town Center Zoning District.
A. Purpose. The purpose of the Town Center District (TCD) is to provide for the use and
development of properties within the area designated in the Sunny Isles Beach
Comprehensive Plan as the Town Center in a manner consistent with the Community
Vision Statement and the policies and objectives of the Future Land Use Element of the
Comprehensive Plan. The intent is to foster land assemblage into development sites of
greater than three acres in size to promote integrated mixed-use development; improved
site and architectural design that promotes safe and active pedestrian environments;
interrelated and compatible land uses that encourage regionally oriented business and
activities serving the City of Sunny Isles Beach, tourist populations and surrounding
communities; and the restriction of those uses and development patterns that are in conflict
with these policies and objectives.
* * *
(4) Building parameters. The controlling factor is the Street Frontage Plan, which establishes
11 street frontage types and a number of designated open spaces and corridors. The
controlling street type criteria shall extend 100 feet from the property line. In those cases
where there is more than 200 feet within property lines, the higher order street typology
shall prevail.
(a) The Street Frontage Plan establishes a hierarchy of street types existing and future
locations which shall be provided and shown in all future development. The 11 street
types are named by their character and each promotes, in varying degrees,pedestrian
and sidewalk culture. Refer to Diagrams 1 through 21.
[1] Sunny Isles Beach Boulevard South Edge: the south side of the eastbound lanes
of Sunny Isles Beach Boulevard.
[2] Sunny Isles Beach Boulevard North Edge: the north side of the westbound lanes
of Sunny Isles Beach Boulevard.
[21[3] Collins Core Edge: the east side of Collins Avenue within the Town Center
boundaries and the north side of the westbound lanes of Sunny Isles Beach
Boulevard.
[4] Esplanade: characterized by four traffic lanes,each 12 feet wide and two parking
lanes, each 11 feet wide.
[5] Plaza: characterized by two traffic lanes, each 12 feet wide and two parking
lanes, each 11 feet wide and opposite a plaza area.
[6] Main Street: characterized by four traffic lanes, each 11 feet wide and two
parking lanes, each 11 feet wide.
[7] Neighborhood Street: characterized by two traffic lanes, each 12 feet wide and
two parking lanes, each 11 feet wide.
[8] Neighborhood Park Street: characterized by two traffic lanes, each 12 feet wide
and two parking lanes, each 11 feet wide.
[9] Side Street: characterized by two traffic lanes,each 11 feet wide and two parking
lanes, each 11 feet wide.
[10]Alley Street: characterized by two traffic lanes, each 15 feet wide with no on-
street parking.
[11]Paseo: characterized by one pedestrian walkway 12 feet wide with no vehicular
traffic.
Words added underlined,words stricken deleted 2
[12]Bayfront: characterized by one pedestrian walkway five feet wide with no
vehicular traffic.
• (b) Refer to Summary Charts B, C and D for specific requirements.
(c) The exterior expression (facade) of heights shall comply with the following:
[1] The exterior expression of the height of the first floor shall not be less than 14
feet six inches nor shall it exceed 25 feet.
[2] The exterior expression of the height of each floor above the ground level shall
not be less than eight feet and shall not exceed 14 feet.
(5) Lot coverage. The maximum lot coverage permitted for all buildings, including parking
on the site, shall be 80% except for properties along the Sunny Isles Beach Boulevard
South Edge where the maximum lot coverage shall be 90%.
(6) Minimum setbacks.
(a) The minimum setbacks shall be based on street type as follows:
[1] Sunny Isles Beach Boulevard South Edge:
[a] Front: 15 feet.
[b] Side/rear: zero feet.
[2] Sunny Isles Beach Boulevard North Edge:
fa] Front: 30 feet.
[b] Side/rear: 10 feet.
[2}fJ Collins Core Edge:
[a] Front: 25 feet.
[b] Side/rear: 10 feet.
[4] Esplanade:
[a] Front: 10 feet.
[b] Side/rear: 10 feet.
[5] Plaza:
[a] Front: eight feet.
[b] Side/rear: 10 feet.
[6] Main Street:
[a] Front: 10 feet.
[b] Side/rear: 10 feet.
[7] Neighborhood Street:
[a] Front: 15 feet.
[b] Side/rear: 10 feet.
Words added underlined.words stricken deleted 3
[8] Neighborhood Park Street:
[a] Front: 15 feet.
[b] Side/rear: 10 feet.
[9] Side Street:
[a] Front: 10 feet.
[b] Side/rear: 10 feet.
[10]Alley Street:
[a] Front: eight feet.
[b] Side/rear: 10 feet.
[1 1]Paseo:
[a] Front: five feet.
[b] Side/rear: 10 feet.
[12]Bayfront:
[a] Front: five feet.
[b] Side/rear: 10 feet.
(b) Refer to Summary Charts A and C for specific requirements, as revised.
Notwithstanding any other provisions in this Chapter. properties along the north side
of Sunny Isles Boulevard shall not violate any setback requirements discussed above
where such properties are used by the City for an easement for an elevated pedestrian
bridge.
(7) Minimum lot size: 10,000 square feet.
(8) Minimum lot width: 100 feet. Refer to Summary Chart E for specific requirements.
(9) Maximum height:
(a) The maximum height shall be based on street type as follows:
[1] Sunny Isles Beach Boulevard South Edge: 190 feet. Maximum height may be
increased by ten feet,provided that the width of the building is decreased by two
feet for every one foot of additional height up to a maximum height of 200 feet.
Building heights may be transferred among two or more buildings approved
under a single unified site plan to allow height up to a maximum of 290 feet,
provided that the average building height of all buildings does not exceed 200
feet, that the height of any building adjacent to Collins Avenue shall not exceed
140 feet, that allowable floor area ratio and density under this section is not
exceeded, and that the Commission finds that the resulting site plan is
aesthetically compatible with properties within the Town Center Zoning
District. The buildings may be approved in phases.
12] Sunny Isles Beach Boulevard North Edge: 65 feet (4-6 stories) for the first 50
feet setback from property line. then 170 feet (15 stories).
Words added underlined.words stricken deleted . 4
[2][3] Collins Core Edge: 50 feet (four stories) for the first 130 feet setback from
property line, 100 feet (eight stories) for next 100 feet, then 170 feet (15 stories).
[4] Esplanade: 160 feet.
[5] Plaza: 160 feet.
[6] Main Street: 140 feet.
[7] Neighborhood Street: 100 feet.
[8] Neighborhood Park: 120 feet.
[9] Side Street: 75 feet.
[10]Alley Street: 75 feet.
[11]Paseo: 75 feet.
[12]Bayfront: 190 feet.
(b) Refer to Summary Charts B and D for specific requirements, as revised.
(10) Landscaped open space.
(a) A minimum often 10%of the lot area shall be landscaped and improved with ground-
level pedestrian walkways, courtyards, street furniture, lighting and landscape
planting in the case of 90% lot coverage, and a minimum of 20% of the lot area shall
be landscaped and improved with ground-level pedestrian walkways, courtyards,
street furniture, lighting and landscape planting in the case of 80% lot coverage.
(b) All properties abutting Collins Avenue shall provide a ten-foot easement within the
required front setback. The easement shall be dedicated to the City for the
implementation of the Collins Avenue Streetscape Plan. The City shall use the
easement to increase the pedestrian walk paths, landscaping purposes, placement of
utility wires and any other municipal purposes.
(11)Tower separation and tower width. In order to preserve view corridors the following
standards shall apply:
(a) Building separation on separate parcels abutting Collins Avenue. When there are two
towers located on different property, a minimum separation of 50 feet shall be
maintained between pedestals (50 feet or less in height) and a minimum separation
of 100 feet shall be maintained between towers (above 50 feet in height).
(b) When there are two or more towers on the same property, the building separation
shall be a minimum of 50 feet between towers.
(c) The maximum tower width shall be 200 feet.
G. Architectural design minimum standards.
(1) All architectural design standards shall be reviewed in accordance with § 265-18 of the
Land Development Regulations. Additionally, in the Town Center, three-dimensional
scale models shall be provided by the applicants, reflecting, among other things, setback
of building from the property line.
Words added underlined.words stricken deleted 5
(a) The first floor shall be separated from the upper floors by an architectural feature.
Such architectural features may be placed at the top of the second floor when the first
and second floors have the visual appearance of a separate exterior expression.
(b) The height of the first floor shall not be less than the exterior visual expression of the
height of any single floor above the first floor.
(c) The exterior visual expression of each building element (pedestal, tower, and
penthouse) shall be distinctive from both other elements within the same building.
(d) Retail storefront area glazing shall not be less than 50%. Such glazing shall be
transparent. Storefront glazing shall extend from the sill or from an 18- to 24-inch
base of contrasting material, to the lintel.
(e) Entrances shall be recessed and centered a minimum of 36 inches within the
storefront.
(f) Outside entrances to upper floors shall align with one of the upper windows farthest
from the center of the buildings' facade, or shall be located on an abutting side street
elevation, where possible.
(g) Required parking shall not be located abutting the front setback except in enclosed
structures that fully screen vehicles from exterior views and are above the ground
level.
(h) Floors above ground level shall provide not less than 30% glazing.
(i) No single wall plane shall exceed 60 feet in width on any facade.
(2) Colonnades:
(a) All colonnades shall be covered.
(b) The exterior expression of the height of the colonnade or any part thereof shall not
be less than 12 feet nor shall it exceed 14 feet six inches.
(c) Columns in a colonnade shall be repetitive at intervals no greater than 20 feet.
(d) All openings in a colonnade between repetitive columns shall be equal and consistent
throughout all frontages of a building where a colonnade is required, as shown in
Summary Chart A,20 Q except where the main entrance of the building is located.
(3) Entrances. Buildings shall have entrances at intervals not to exceed 60 feet; provided,
however, that for a corner entrance, the interval to the next entrance may be increased to
80 feet.
H. General design standards.
(1) Roofs.
(a) Roofs shall not be flat except for when rooftop gardens are provided. In such cases,
architecturally decorative parapets must be provided with a height not to exceed 42
inches.
(b) Flat roofs are highly encouraged to promote rooftop uses in the forms of gardens and
terraces. Where flat roofs are not provided, they shall comply with the following:
Words added underlined.words stricken deleted 6
[1] All roofs shall be of a gable style.
[2] All roof pitches shall be between 4:12 and 8:12.
(c) All rooftop mechanical equipment shall be concealed in a decorative manner, subject
to site plan approval.
(2) Entrances.
(a) There shall be a minimum of two entrances to a building on each facade fronting a
street, except for Side, Alley, or Paseo streets.
(b) Entrances to differing uses shall be as follows:
[1] For residential uses:
[a] Entrances must be kept separate from entrances to other uses in the building.
[b] Residential entrances shall be setback a minimum of 15 feet and shall not
exceed 20 feet from either the street elevation of the around level nor the
street elevation of the commercial storefronts, whichever is farthest from
the street.
[c] Residential entrances shall provide a minimum of 80 square feet and shall
not exceed 120 square feet of landscaped areas between the residential
entrance and the street elevation of the building.
[2] For commercial uses. Entrances shall be provided on the ground level for each
establishment accessible from the street or sidewalk.
(3) Windows. Windows shall comply with the following:
(a) Divided light window mullions, where provided, shall be through the pane (i.e., true
divided).
(b) The center line of window and door openings shall align vertically.
(c) Exterior burglar bars, fixed riot shutters, or similar security devices shall not be
installed in any commercial storefront.
(4) Balconies, stairs, stoops, porticos and side porches. Balconies, stairs, stoops, porticos and
side porches shall comply with the following:
(a) Residential balconies shall not extend more than eight feet in depth from the face of
a building or shall not be less than five feet.
(b) Railings shall be placed between upper and lower rails and the distance between
railings shall not exceed 3t/2 inches.
(c) Balconies may encroach a maximum of four feet into the setback areas but the floor
area of such balconies shall be included in the Calculation of the Floor Area Ratio (
FAR) for the project.
***
Summary Chart A. The chart below summarizes the parameters for the overall street corridor
construction of the 12 44-street types and their corresponding right-of-way development
Words added underlined.words sir-iekee deleted 7
parameters.
Town Center Subdistrict: Setbacks and Amenities by Street Type
Setbacks Amenities Lanes and Continuous Building
Widths Frontage at Ground Level
Parking Traffic
Colonnade Maximum
Street Frontage Side/Rear Street-Side Lane Lane Minimum
Typology (feet) (feet) Width Parking (number(number Percentage Frontage
(feet) @ feet) @ feet) (feet)
Sunny Isles Beach 15 0 10 - - - 80% 400
Boulevard South Edge
Sunny Isles Beach 30 10 10 - - - 80% 400
Boulevard North Edge
Collins-Core Edge 25 10 15 - - - 60% 400
Esplanade 10 10 15 Parallel 2 @ 11 4 @ 12 60% 300
Plaza 8 10 15 Parallel 2 @ 11 2 @ 11 60% 200
Main Street 10 10 15 Parallel 2 @ 11 4 @ 11 60% 200
Neighborhood Park 15 10 Awnings Parallel 2 @ 11 2 @ 12 40% 175
Neighborhood Street 15 10 Awnings Parallel 2 @ 11 2 @ 12 40% 175
Side Street 10 10 Awnings Parallel 2 @ 11 2 @ 11 40% N.R.
Alley Street 8 10 - - - 2 @ 15 N.R. N.R.
Paseo 5 10 - - - 1 @ 12 60% _ N.R.
Bayfront 5 10 - - - 40% 400
Summary Chart B. The chart below summarizes the parameters for the overall building
construction of the 12 4-1- street frontage situations.
Words added underlined.words stricken deleted 8
Town Center Subdistrict: Building Massing by Street Type
Street Building Elements Overall Elements Setbacks
Typology Maximum Maximum
Stories Heights '
Pedestal Tower Penthouse (feet) Tower Penthouse
from from
Pedestal Tower
(feet) (feet)
Sunny Isles 3 min; n.a. n.a. 1902 25 0
Beach 5 max or
Boulevard (max 290/140 adjacent to Collins Avenue3
South Edge 50 ft.
height)
Sunny Isles 4 min; n.a. n.a. 65 (4-6 stories) for the first 50-foot 20 0
Beach 6 max setback from property line. then 170
Boulevard (max (15 stories)
North Edge 65 ft.
height)
Collins-Core n.a. n.a. n.a. 50 (4 stories) for the first 130-foot 105 100
Edge setback from property line; 100 (8
stories) for next 100 feet; then 170 (15
stories)
Bayfront 1 min; 12 3 max 190 10 10
7 max max
Esplanade 3 min; 9 3 max 160 20 15
5 max max
Plaza 3 min; 9 3 max 160 20 15
5 max max
Main Street 1 min; 7 2 max 140 15 15
5 max max
Neighborhood 1 min; 7 2 max 120 15 10
Park 4 max max
Neighborhood 1 min; 6 2 max 100 15 10
Street 3 max max
Side Street 1 min; 3 2 max 75 10 10
3 max max
Alley Street 1 min; 3 2 max 75 5 10
3 max max
Paseo 1 min; 3 2 max 75 5 10
3 max max
Words added underlined.words sin deleted 9
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this Ordinance shall become and be made a part of the code of the
City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "ordinance" shall be changed to
"section" or other appropriate word, as required.
Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same
are hereby repealed.
Section 6. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the l9 ' day of/'(O \ r2015.
PASSED and ADOPTED on second reading the 11- day . - ,.- 2015.
`,
George 4. Scholl, Mayor
ATTEST:
•
--Jane:A:Hines, MMC, City Clerk
4 •
APPROVED AS TO FORM
AND i G. FFICIENCY:
A sill
H. s 0 not,City Attorney
Words added underlined,words stricken deleted 10
Moved by: ( R t osJ
Seconded by: Y %C.e, ► ► Vl,t ar GWTTO
Vote: 5—()
Mayor Scholl ,,/(Yes) (No)
Vice Mayor Gatto 1/ Yes) (No)
Commissioner Aelion V(Yes) (No)
Commissioner Goldman v(Yes) (No)
Commissioner Levin ✓(Yes) (No)
Words added underlined.words stricken deleted 1 1
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Item Coversheet Page 1 of 1
I
5''"'Y,�'m City of Sunny Isles Beach
C� 18070 Collins Avenue
t `' z
. Sunny Isles Beach,Florida 33160
•%``9,.F`opt°O,. (305)947-0606 City Hall
''o.,jam F' (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot,City Attorney
DATE: 12/17/2015
Amendment to Section 265-37 of the Land Development
RE: Regulations to Modify Front and Side Yard Setback
Requirements
RECOMMENDATION:
This Ordinance is presented for your consideration.
REASONS:
At a recent workshop held on October 9, 2015, the City Commission
discussed certain ideas to create a pedestrian friendly environment on
the north side of Sunny Isles Boulevard. The catalyst for the
discussion was the fact that the south side of Sunny Isles Beach was
developed to create a pedestrian friendly environment whereas the
north side of Sunny Isles beach was not developed to create a
pedestrian friendly environment. During the workshop, the City
Commission noted that the City must take the necessary action to
create a pedestrian friendly environment on the north side of Sunny
Isles Boulevard due to the anticipated increase in pedestrian traffic as
a result of the construction of Gateway Park. As such, the proposed
Ordinance will provide for wider setbacks for properties located along
the north side of Sunny Isles Boulevard to create wider pedestrian
paths. Moreover, the proposed Ordinance will permit properties along
Sunny Isles Boulevard to be used for a pedestrian elevated bridge
without violating any setback requirements within the City Code.
While the proposed Ordinance will seek to provide a more pedestrian
friendly environment on the north side of Sunny Isles Boulevard, the
Ordinance does not modify height,density,and intensity requirements.
This Ordinance was requested by the City Commission.
ATTACHMENTS:
Description
LPA Resolution
Ordinance
Notice of 2nd Rdg LPA Herald
Item Number:9.B.
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1813 12/11/2015
1
1
r-_-___vNNY ts<F City of Sunny Isles Beach City Commission
ti ws y y George"Bud"Scholl,l Mayor
�a F 18070 Collins Avenue, Suite 250 Jeanette Gatti), Vice Mayor
Isaac Aelion, Commissioner
� Sunny Isles Beach, Florida 33160 Dana Goldman,Commissioner
305 947-0606 City Hall Jennifer Levin,Commissioner
(305)949-3113 Fax
. 's9 `-V" r�P (305) 947-2150 Building Department Christopher J.Russo City Manager
FLOC 5 Hans Ottinot,City Attorney
c.ry Pao (305)947-5107 Fax Jane A.Hines,NINIC,City Clerk
�F SUN
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney J
DATE: November 19, 2015
RE: Amendment to Section 265-37 of the Land Development Regulations to Modify
Front and Side Yard Setback Requirements
RECOMMENDATION
This Ordinance is presented for your consideration.
REASONS
At a recent workshop held on October 9, 2015, the City Commission discussed certain ideas to
create a pedestrian friendly environment on the north side of Sunny Isles Boulevard. The catalyst
for the discussion was the fact that the south side of Sunny Isles Beach was developed to create a
pedestrian friendly environment whereas the north side of Sunny Isles beach was not developed
to create a pedestrian friendly environment. During the workshop; the City Commission noted
that the City must take the necessary action to create a pedestrian friendly environment on the
north side of Sunny Isles Boulevard due to the anticipated increase in pedestrian traffic as a
result of the construction of Gateway Park. As such, the proposed Ordinance will provide for
wider setbacks for properties located along the north side of Sunny Isles Boulevard to create
wider pedestrian paths. Moreover, the proposed Ordinance will permit properties along Sunny
Isles Boulevard to be used for a pedestrian elevated bridge without violating any setback
requirements within the City Code.
While the proposed Ordinance will seek to provide a more pedestrian friendly environment on
the north side of Sunny Isles Boulevard, the Ordinance does not modify height, density, and
intensity requirements.
This Ordinance was requested by the City Commission.