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HomeMy WebLinkAboutOrdinance 2015-470 ORDINANCE NO. 2015- 1-31 Q AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTIONS 265-34, 265-35, 265-36 AND 265-38 OF THE ZONING CODE TO INCREASE THE PRICE OF BONUS PARTICIPATION UNIT; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has conducted an analysis of the bonus system utilized by the City; and WHEREAS, the City Commission has determined that the price for a participation unit in the bonus system should be increased based on the analysis prepared by the City Manager. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Amendment to Section 265-34. D. Site development standards. (8) Allowable increases in floor area ration. The floor area ratio for developments that provide certain features shall be increased to a floor area ratio not to exceed 2.5 in conformance with the following provisions and limitations: (a) Public streetscape bonus. The floor area ratio shall be increased for developments that participate in the City's Streetscape Trust Fund as established and administered by the City of Sunny Isles Beach for the purposes of implementing capital improvements, public streetscape improvements and pedestrian system design and safety enhancements for public streets, including local, collector, secondary and primary arterial roadways, and public shorelines in the City, which are policy objectives of the adopted City of Sunny Isles Beach Comprehensive Plan. A bonus of 0.05 increase in F.A.R. shall be granted for each participation unit contributed to the capital improvement fund for roadway enhancements, up to a maximum additional 0.50 F.A.R. bonus. Additional bonus floor area ratio up to 2.5 may be allowed for properties without water frontage. A participation unit, for the purpose of the public streetscape enhancement bonus, shall be equal to $100.000 72,000 and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City - Manager. The cost of a participation unit shall be determined by the amount of participation units purchased at the unit. price multiplied by the total number of acres contained in the subject parcel. Additionally, the City Manager and/or his designee shall review the bonus participation unit price set forth herein every two years. Ordinance Amending Sections 265-34,35.36 and 38 1 Words underlined are added.words stricken are deleted. Section 2. Amendment to Section 265-35. (9) Floor area ratio. (c) Floor area ratio bonuses. The maximum floor area ratio permitted may be increased only in accordance with the following provisions and limitations and in conformance with the allowable limits set under the adopted Sunny Isles Beach Comprehensive Master Plan. [1] Beach access bonus. Subsection D(9)(c)[1][a], Access easement, set forth herein below, as specifically defined in § 265-35D(8)hereinabove, must be attained to qualify for any additional floor area ratio bonuses as provided in this section. [b] Beach access trust fund contribution. Unless waived by the City Commission per Subsection D (9)(c)[1][a] herein above and provided that the beach access easement has been proffered as set forth in Subsection D (9)(c)[1][a], an additional increase in F.A.R. of 0.05 shall be granted for each participation unit contributed to a beach trust fund established and administered by the City of Sunny Isles Beach up to a maximum additional 0.20 F.A.R. bonus. A system of pedestrian walkways and shuttle bus facilities to provide oceanfront open space is a public policy objective of the adopted City of Sunny Isles Comprehensive Plan. A participation unit, for the purpose of beach access enhancement bonus, shall be equal to $100,000 72,000 and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City Manager. The cost of a participation unit shall be determined by the amount of participation units purchased at the unit price multiplied by the total number of acres contained in the subject parcel. Additionally, the City Manager and/or his designee shall review the bonus participation unit price set forth herein every two years. If City Commission waives the provision of an access easement for safety reasons as provided in Subsection D(9)(c)[1][a] above, the total beach access bonus achieved through trust fund contributions shall not exceed 0.30. [2] Public beach recreations enhancement bonus. The floor area ratio shall be increased for developments that participate in the City's Beach Recreational Enhancements Trust Fund as established and administered by the City for the purposes of implementing oceanfront capital improvements. A bonus of 0.05 increase in the F.A.R. shall be granted for each participation unit contributed to the capital improvement fund designated for beach Ordinance Amending Sections 265-34.35.36 and 38\ 2 Words underlined are added,words stricken are deleted. enhancements up to a maximum additional 0.50 F.A.R. bonus. A participation unit, for the purpose of the beach recreational enhancement bonus, shall be equal to $100,000 72,000 and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City Manager. The cost of a participation unit shall be determined by the amount of participation units purchased at the unit price multiplied by the total number of acres contained in the subject parcel. Additionally, the City Manager and/or his designee shall review the bonus participation unit price set forth herein every two years. [3] Collins Avenue public streetscape enhancements bonus. The floor area ratio shall be increased for developments that participate in the City's Collins Avenue Streetscape Enhancements Trust Fund as established and administered by the City for the purposes of implementing capital improvements. Public streetscape improvements and pedestrian system design and safety enhancements for Collins Avenue are policy objectives of the adopted City of Sunny Isles Beach Comprehensive Plan. A bonus of 0.05 increase in the F.A.R. shall be granted for each participation unit contributed to the capital improvement fund designated for beach enhancements up to a maximum additional 0.30 F.A.R. bonus. A participation unit, for the purpose of the Collins Avenue streetscape enhancement bonus, shall be equal to $100.000 72,000 and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City Manager. The cost of a participation unit shall be determined by the amount of participation units purchased at the unit price multiplied by the total number of acres contained in the subject parcel. Additionally, • the City Manager and/or his designee shall review the bonus participation unit price set forth herein every two years. [4] Sunny Isles Beach public parking bonus. The floor area ratio shall be increased for developments that participate in the City's Beach Public Parking Trust Fund as established and administered by the City for the purposes of implementing capital improvements for public parking. Public parking resources, in particular, west of Collins Avenue, as a component of infrastructure improvements to facilitate public access to the oceanfront, is a policy objective of the adopted City of Sunny Isles Beach Comprehensive Plan. A bonus of 0.05 increase in the F.A.R. shall be granted for each participation unit contributed to the capital improvement fund designated for beach enhancements up to a maximum additional 0.20 F.A.R. bonus. A participation unit, for the purpose of the public parking trust fund bonus, shall be equal to $100,000 72,000 and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City Manager. The cost of a participation unit shall be determined by the amount of participation units purchased at the unit price multiplied by the total number of acres contained in the subject parcel. Additionally, the City Ordinance Amending Sections 265-34,35,36 and 38 3 Words underlined are added,words stricken are deleted. Manager and/or his designee shall review the bonus participation unit price set forth herein every two years. Section 3. Amendment to Section 265-36. E. Site development standards. (1) Floor area ratio. Except as provided herein below, the maximum floor area ratio shall be 2.0 for all uses. The floor area ratio may be increased only in accordance with the following bonus provisions and limitations and in accordance with the adopted Sunny Isles Beach Comprehensive Plan. (b) Sunny Isles Beach public parking bonus. The floor area ratios shall be increased for developments that participate in the City's Beach Public Parking Trust Fund, as established and administered by the City for the purposes of implementing capital improvements for public parking. Public parking resources, in particular west of Collins Avenue, as a component of infrastructure improvements to facilitate public access to the oceanfront, are a policy objective of the adopted City of Sunny Isles Beach Comprehensive Plan.A bonus of 0.05 increase in the F.A.R. shall be granted for each participation unit contributed to the capital improvement fund designated for beach enhancements up to a maximum additional 0.25 F.A.R. bonus. A participation unit, for the purpose of the public parking trust fund bonus, shall be equal to $100.000 7-27000 and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City Manager. The cost of a participation unit shall be determined by the amount of participation units purchased at the unit price multiplied by the total number of acres contained in the subject parcel. Additionally, the City Manager and/or his designee shall review the bonus participation unit price set forth herein every two years. (c) Collins Avenue/Sunny Isles Boulevard public streetscape enhancement bonus. The floor area ratio shall be increased for developments that participate in the City's Public Streetscape Enhancement Trust Fund, as established and administered by the City for the purposes of implementing capital improvements. A bonus of 0.05 increase in the F.A.R. shall be granted for each participation unit contributed to the capital improvement trust fund designated for beach enhancements, up to a maximum additional 0.30 F.A.R. bonus. A participation unit, for the purpose of the streetscape enhancement bonus, shall be equal to $100.000 7-2T000 and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City Manager. The cost of a participation unit shall be determined by the amount of participation units purchased at the unit price multiplied by the total Ordinance Amending Sections 265-34.35.36 and 38 4 Words underlined are added,words stricken are deleted. number of acres contained in the subject parcel. Additionally, the City Manager and/or his designee shall review the bonus participation unit price set forth herein every two years. Section 4. Amendment to Section 265-38. E. Site development standards. (1) Floor area ratio. Except as provided herein below, the maximum floor area ratio (FAR) shall be 2.0 for all uses. The FAR may be increased only in accordance with the following bonus provisions and limitations and in accordance with the adopted Sunny Isles Beach Comprehensive Plan. (a) Enclosed parking bonus. The FAR shall be increased by 0.40 for developments that provide 75% or more of the required on-site parking in enclosed structures fully screening vehicles from exterior views. (b) Sunny Isles Beach public parking bonus. The floor area ratio shall be increased for developments that participate in the City's Beach Public Parking Trust Fund, as established and administered by the City for the purposes of implementing capital improvements for public parking. Public parking resources, in particular west of Collins Avenue, as a component of infrastructure improvements to facilitate public access to the oceanfront, is a policy objective of the adopted City of Sunny Isles Beach Comprehensive Plan. A bonus of 0.05 increase in the FAR shall be granted for each "participation unit" contributed to the capital improvement fund designated for beach enhancements up to a maximum additional 0.25 FAR bonus. A "participation unit," for the purpose of the public parking trust fund bonus, shall be equal to $100.000 72,000 and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City Manager. The cost of a participation unit shall be determined by the amount of participation units purchased at the unit price multiplied by the total number of acres contained in the subject parcel. Additionally, the City Manager and/or his designee shall review the bonus participation unit price set forth herein every two years. (c) Collins Avenue/Sunny Isles Boulevard public streetscape enhancement bonus. The FAR shall be increased for developments that participate in the City's Public Streetscape Enhancement Trust Fund, as established. and administered by the City for the purposes of implementing capital improvements. A bonus of 0.05 increase in the FAR shall be granted for each "participation unit" contributed to the capital improvements trust fund designated for beach enhancements up to a maximum additional 0.30 FAR bonus. A "participation unit," for the purpose of the streetscape enhancement bonus, shall be equal to $100.000 7-2,000 Ordinance Amending Sections 265-34.35,36 and 38 5 Words underlined are added,words stricken are deleted. and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City Manager. The cost of a participation unit shall be determined by the amount of participation units purchased at the unit price multiplied by the total number of acres contained in the subject parcel. Additionally, the City Manager and/or his designee shall review the bonus participation unit price set forth herein every two years. (d) Site assembly bonus. For parcels over 20,000 square feet in area, the FAR shall be increased by 0.05 for each additional 10,000 square feet of lot area up to a maximum additional 0.50 FAR bonus. • Section 5. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 6. 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 7. Effective Date. This Ordinance shall be applied retroactively, and will become effective ten (10) days after adoption at second reading. PASSED and ADOPTED on first reading the IQday of Wrnlelar , 2015. PASSED and ADOPTED on second reading thi 74day of becem6e, 2015. - George '. S '611, Mayor ATT . T:. • 'Jane A. ines,'MMC, City Clerk Ordinance Amending Sections 265-34,35.36 and 38 6 Words underlined are added.words stricken are deleted. I i APPROVE I AS TO FORM AND L /. ' , NCY: (4I( 4 Hans lIttins s- ty Aai.rney Moved by: N4'CA_ m& •GA'rTD Second by: �Lt VV\AV VOTE: 5—b Mayor Scholl (yes) / (no) Vice Mayor Gatto (yes)J7 (no) Commissioner Aelion (yes t/' (no) Commissioner Goldman (yes) (no) Commissioner Levin (yes) V (no) • Ordinance Amending.Sections 265-34,35,36 and 38 7 Words underlined are added,words stricken are deleted. • In E E c V c�.. C_cu Z 3 Qc 45> ^ c a2 . wto ° 9 c LL c'> A 2 ,r ' cw > o `' a 'n n - E o' o 0 E7 'o-0-= c 0 Ja N _ m 6 n c•aO v �.a =cc'n ao N ✓ o f ciaN � cc c - 02 o , nm 7, 9 .2 otmv74- E O2c c.r .> > m > .0 rV> o > �aQ o 12 . ,. ?. ' Ecavb_ 4 E f am oa u >o - C2 i.aa�aoc o= 6 'i°go'a rva «^ m . y Ym2.E ivoV mJ�F ELC NOw� o. v� ° '"2,° a'o oi �v3m.o 2 'o° >a c °Lv E °:: � - >: ° - ,�a 3 t QY�> ' Eon-z ° a c Zn mno oE c'Eia m °O3E 3 vE aCE 3 " @ v oaO- v ' - v l � • ,o g3 ' _ gy - u a >-° ' -0 � o c pN LPa Zz V ..; — ri NN , 0Svi3 - rry ' ecf w-aaoo i'n n. ,a a a vv = j E nz` E 3'" ov `raau aD. 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Russo,City Manager FROM: Claudia Hasbun, Planning and Zoning Manager DATE: 12/17/2015 • Ordinance Amending Sections 265-34, 35, 36 and 38 of RE: the Zoning Code Regarding Increment of Pricing for Bonus Participation Unit RECOMMENDATION: The purpose of this memorandum is to review the price for the bonus participation unit under the development bonus program as required by Chapter 265 of the Land Development Regulations. This review is generally required every two (2) years by the City Manager or his designee. REASONS: Background As you know, the City's Comprehensive Master Plan and Chapter 265 of the Land Development Regulations (LDRs) permit developers with the opportunity to increase density and intensity by the • purchase of monetary bonuses under the development bonus program. The funds from the bonus program are allocated to the City's Capital Improvement Program. There are a total of six (6) monetary bonuses under the development bonus program. Specifically, the following bonuses are available under the program: (1) Beach Access Bonus; (2) Public Beach Recreational Bonus; (3) Collins Avenue Streetscape Bonus; (4) Sunny Isles Beach Public Parking Bonus; (5) Public Oceanfront Park and Open Space Enhancement Bonus; and (6) Educational and Cultural Infrastructure Bonus. Currently, a participation unit from any of the bonus programs is priced at$72,000.00. As indicated below, the participating unit price for a bonus is extremely low in comparison to the increase in the price of construction for development projects in the City of Sunny Isles Beach. Moreover, the participation unit price of a bonus in terms of per square foot is extremely low in comparison to the pricing for Transfer of Development Rights(TRDs)on a per square foot basis. For example,the most recent price for TDRs on a per square foot basis is $125 per square feet whereas a participation unit price on a per square feet basis is$33.05 per square feet. Bonus Analysis and Formula Since the implementation of the density and intensity bonus program, the City has tracked development costs and value,which include transfer development rights, property values, and the costs for the Capital Improvement Programs. The associated costs of the Capital Improvement Programs together with the long term needs of the City require a closer nexus between the current value of the participating unit price under the bonus program and the Capital Improvement Programs. As indicated in the table below, the price increment of the bonus participation unit has been steady and consistence over-time, and the value is based under the same nexus as in previous analysis,which is the increase in land value together with the costs of Capital Improvement projects over the next five fiscal years.While the City Commission had created two additional bonus categories to promote development in 2011 pursuant to Ordinance No. 2011-377, adopted on November 17, 2011, the City Commission did not raise the price of the bonus participation unit. http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1814 12/11/2015 I Item Coversheet Page 2 of 2 As an example, we can take the Education and Cultural infrastructure bonus. A developer can obtain up to 0.20 of Floor Area Ratio(FAR) if he/she participates in this FAR bonus with the assumption of owning an acre of land. Please note that 0.20 FAR is equivalent to 4 bonus participation units. The potential increase of development rights is 8,712 square feet of FAR which will require a payment of $288,000 (4'72,000.00=$288,000)for this bonus on the acre of land. Meaning, each additional square foot from the Education and Cultural infrastructure bonus will cost$33.05. As shown in the table above, the proposed increase will yield to an increase of$12.86 per square feet of FAR bonus. Based on the analysis provided in this memorandum, an increase in the price of the participating unit under the bonus program is warranted. The value of the bonus participation unit is still far less than the current market value on a per square foot basis of the market costs for condominium unit on a per square foot basis. According to the Miami Development Authority Annual Residential Study Update (February 2015), the cost per square foot in condo market varies from $383 to $869 per square feet. As such, I • believe we should recommend an increase in the price of the participating unit based on the costs analysis that City has followed since the creation of the bonus system. The following is an analysis of the bonus pricing increments over-time: Bonus value Bonus value Year Ordinance per participation unit per square footage Percentage increase 2002 2002-165 $14,000 $6.43 Creation of bonus system 2004 2004-192 $35,000 $16.06 150% 2006 2006-257 $50,000 $22.95 43% 2007 2007-292 $72,000 $33.05 44% 2015 Proposed $100,000 $45.91 42% ATTACHMENTS: Description LPA Resolution Ordinance Notice of 2nd Rdg LPA Herald Item Number:9.C. • http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1814 12/11/2015