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HomeMy WebLinkAboutResolution LPA 2004-13 LPA RESOLUTION NO. 2004- ~ A RESOLUTION OF THE LOCAL PLANNING AGENCY OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RECOMMENDING TO THE CITY COMMISSION OF SUNNY ISLES BEACH, THE ORDINANCE AMENDING SECTIONS 265-34, 265-35, AND 265-36 OF THE ZONING CODE TO INCREASE THE PRICE OF A BONUS PARTICIPATION UNIT FROM $14,000 TO $35,000 IN CERTAIN ZONING DISTRICTS, ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commissioners, serving as the Local Planning Agency ("LP A"), conducted a public hearing relating to the Land Development Regulations on December 10, 2002 and adopted the Land Development Regulations by Ordinance No. 2002-165; and WHEREAS, the City Commission, as the LP A, has reviewed the amendments to Sections 265-34, 265-35, and 265-36, to increase the price of a Bonus Participation Unit from $14,000 to $35,000 in Certain Zoning Districts; and WHEREAS, the LP A has determined that it is in the best interest of the City and its residents to recommend approval of the Ordinance amending Sections 265-34, 265-35, and 265-36 of the Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS: Section 1. Recommendation: That the Local Planning Agency hereby recommends to the City Commission of the City of Sunny Isles Beach, the Ordinance amending Sections 265-34, 265-35, and 265-36 of Land Development Regulations Ordinance No. 2002-165, attached as Exhibit "A," for consideration by the City Commission pursuant to Chapter 163, of the Florida Statutes. Section 2. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 15th day of January, 2004. A TTE$!:' '.'~. '-.~.~ ~ Jane A. Hines, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vote: 5-0 Mayor Ede1cup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler LPA R2004- LDRs Moved by: G~ B~~"2-JI\J Seconded by: ~ ~ .:t1:"" ~S:) f'\S" v (Yes) V (Yes) V (Yes) ~Yes) (Yes) 2 (No) (No) (No) (No) (No) ORDINANCE NO. 2004- )'1 ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTIONS 265-34, 265-35, AND 265-36 OF THE ZONING CODE TO INCREASE THE PRICE OF A BONUS PARTICIPATION UNIT FROM $14,000 TO $35,000 IN CERTAIN ZONING DISTRICTS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Office of 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 Office of the City Manager. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. (a) Section 2. Amendment to Section 265-34. 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 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 $35.000 and may be adiusted from time to time by the City Commission pursuant to a recommendation by the City Manager. $14,000 adjusted annually based on the conS1:lmer price index, multiplied by tHe total number of acres contwRed iR tHe subject pai'cel. Amendment to Section 265-35. [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 Ordinance Amending Sections 265-34, 35, and 36 Exhibit" A" Words underlined are added, words slrielEeD are deleted. 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 $35, 000 and may be adiusted from time to time by the City Commission pursuant to a recommendation by the City Manager. $14,000 adjusted 8flftually based OR the eonsumer priee index, Imlltiplied by the total number of acres contained in the subjeet pareel. 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 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 $35.000 and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City Manager. $14,000 adjusted aHnually based on the consumer price index, multiplied by the total number of acres eontained in the s1:1bjeet parcel. [3] Collins A venue 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 A venue 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 $35.000 and may be adiusted from time to time by the City Commission pursuant to a recommendation by the City Manager. $14,000 adjusted aHRually based on the eonsumer price index, multiplied by the total number of aeres contained in the subject parcel. [4]. Sunny Isles 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 A venue, as a component of infrastructure improvements to facilitate Ordinance Amending Sections 265-34. 35, and 36 2 Words underlined are added, words 5tfiekeft are deleted. 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.AR. 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.AR. bonus. A " participation unit" for the purpose of the public parking trust fund bonus shall be equal to $35.000 and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City Manager. $14,000 adjested wmuaUy based on the eOflsumer priee index, multiplied by the total number of acres oontained in the subjeet parcel. Section 3. Amendment to Section 265-36. 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 following bonus provisions and limitations and in accordance with the adopted Sunny Isles Beach Comprehensive Plan. (b) Sunny Isles 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, is a policy objective of the adopted City of Sunny Isles Beach Comprehensive Plan. A bonus of 0.05 increase in the F.AR. 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.AR. bonus. A "participation unit" for the purpose of the public parking trust fund bonus shall be equal to $ 35.000 and may be adiusted from time to time by the City Commission pursuant to a recommendation by the City Manager. $14,000 adjusted annually based on the consumer price index m1:lltiplied by the total number of acres contained in the s1:lbjeet par<:el. (c) Collins A venue/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.AR. shall be granted for each participation unit contributed to the capital improvement trust fund designated for beach enhancements up to maximum additional 0.30 F.A.R. bonus. A " participation unit" for the purpose of the streetscape enhancement Ordinance Amending Sections 265-34, 35. and 36 3 Words underlined are added, words striekeIl are deleted. bonus shall be equal to $35.000 and may be adiusted from time to time by the City Commission pursuant to a recommendation by the City Manager. $14,000 adjusted tmfH:1ally based on the coftsumer price index, multiplied by the total number of acres contained in the subject paroel. Section 4. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 5. 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 6. Effective Date. This Ordinance shall be applied prospectively, and will become effective ten (10) days after adoption at second reading. ~ PASSED and ADOPTED on first reading the 1X. day of 1:)e..c..~",~, 2003 PASSED and ADOPTED on second reading this ~~ay of~ Ae..l/, 2004. ATTEST:. . --~ t\ ~ Jane A. Hines, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: G""'~'~~'bf\)~ 'I6L~~/~S Second by: Ct,~w\'S"S1.01\)~ ~~ VOTE: 5-0 Mayor Norman S. Ede1cup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Daniel Iglesias Commissioner Lewis Thaler (yes) V (yes) ~ (yes ---LL" (yes) ---LL' (yes)~ (no_ (no)_ (no)_ (no)_ (no)_ Ordinance Amending Sections 265-34, 35, and 36 4 Words underlined are added, words stfie*eB are deleted. City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 City Commission Norman S. Edelcup, Mayor Gerry Goodman, Vice Mayor Roslyn Brezin, Commissioner Danny Iglesias, Commissioner Lewis Thaler, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Jane A. Hines, City Clerk Memorandum TO: FROM: DATE: RE: The Honorable City Commission A f\ , Christopher J. Russo. City Manager~ \" December 18,2003 ORDINANCE AMENDING THE ZONING CODE TO INCREASE THE PRICE OF A BONUS PARTICIPATION UNIT RECOMMENDATION: It is recommended that the City Commission adopt the attached Ordinance setting the price of a Bonus Participation Unit at Thirty-Five Thousand Dollars ($35,000) in certain zoning districts within the City. REASON(S): The zoning code was compiled through the efforts of the Citizens' Planning Committee and our consultant planner, Jack Luft, almost four years ago. At that time, the City was in the process of formulating its long-term capital improvement needs and the cost of real estate and dwelling units was substantially less than it is today. The common thinking at the time was an average unit size substantially smaller than is currently contemplated today, along with substantially lower per-square foot dollar value of new construction. The City now has a track record of development and real estate costs in addition to a long term Capital Improvement Program and projections as to the long term needs of the City which necessitate a closer nexus between the value of the bonus program and the Capital Improvement Program. Conceptually speaking, we looked at the projects approved and planned for the City in relationship to the value of transferable development rights, base zoning and the bonus program. All were looked at in relationship to the per-unit cost. Calculations of bonuses based on land value, estimates from assessed value projections of bonuses to be applied for projects over the next three to five years were also taken into consideration. Value totals in each category of bonuses were looked at utilizing bonus value per participation unit, based on current land values. In addition, the City calculated its Agenda Item Date The Honorable City Commission December 18, 2003 Page 2 estimated total cost of capital projects, both planned and anticipated, as part of a long term goals and objectives that have been stated over time by the City Commission. This was looked at in relationship to land value and costs of participation units based on current construction and square footage value of property. Bonus numbers were adjusted downwards to strike a balance between its per-unit relationship to land values versus the capital improvement needs of the City. In other words, the City's projected capital improvements are not as high as the full market land value, therefore the costs per square footage or unit, depending on how you want to look at it, for a bonus will still remain substantially less than the cost for a TOR. The existing bonus system category shall remain intact. They are beach access (which has no fee associated with the bonus program). Beach access trust fund which is .05 per participation unit for a maximum of .20 FAR; public beach recreation which has a .05 per participation unit for a maximum of .50 FAR; Collins Avenue Streetscape which has a .05 per participation unit for a maximum of .30 FAR; Sunny Isles Public Parking bonus which has a .05 per participation unit, maximum .20 FAR; and lastly, public oceanfront park bonus which has a .20 FAR for dedication of 10,000 square feet of beach park land to be used at the City's discretion. These categories remain the same for the MU-R district and for the applicable bonuses in the RMF-2 and B-1 districts, Under the previous RU-4A zoning from the County, .02 represented a unit of participation, which, at the time contemplated the average size of 871 square feet. That number is now .05 per participation unit for an average of 2178 square feet. For each .05 participation unit a developer is able to achieve 2.5 units at the 871 square feet which was the minimum size unit allowed under the old zoning. Therefore, when you divide the 871 by the $14,000 that would equal $16 per square feet. However, the square foot dollar amount was reduced when the value of the square foot was based on a participation unit of .05, which would result currently in a value of $6.42 per square foot. Extremely low as we all know. Following through with this thinking, you may deduct that if the .02 density increase in FAR bonus is increased to the .05 as proposed, the value of the FAR bonus per participation unit is increased accordingly which would result in a division between .02 and .05 per participation unit which would equal 2.5 units times the current participation unit cost of $14,000 which equals the $35,000 per participation unit. This valuation is still far less than the current market value per square foot of property, however it does balance the nexus between the City's long-term improvement needs and the cost of the bonus program. ADDITIONAL INFORMATION: I want to acknowledge and commend Jorge Vera for his assistance in this analysis. I had originally come up with the conceptual process and nexus between the Capital Improvement Program and the bonus program for which the final analysis was based on. Through his diligent work with the numbers, and our joint efforts with regard to the long term projections of capital needs within all the categories of our zoning ordinance Bonuses, we were able to come up with a balanced rationale for this increase to update the original calculations arrived at years ago through the planning process. CJR:ch