HomeMy WebLinkAboutOrdinance 2001-144
ORDINANCE NO. 2001-m
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING ORDINANCES 99-63, 99-84 AND
2000-108, CREATING A TOWN CENTER OVERLAY DISTRICT ON
SUNNY ISLES BOULEVARD, TO PROVIDE FOR USES PERMITTED
AND PROHIBITED; PROVIDING FOR SITE PLAN REVIEW FOR LOT
COVERAGE, SETBACK REQUIREMENTS, MAXIMUM BUILDING
HEIGHT, FLOOR AREA RATIO, REQUIRED OFF STREET PARKING,
OFF STREET PARKING STANDARDS, OPEN SPACE; LANDSCAPING,
GROUND FLOOR USE STANDARDS; PROVIDING FOR REPEALER;
PROVIDING FOR SEVERABILITY AND INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to create a Town Center Overlay
District to promote the development of properties within the area designated in the City's
Comprehensive Master Plan as the Town Center in a manner consistent with the vision
set forth in the Comprehensive Plan; and
WHEREAS, the development of properties within the area designated as the
Town Center would promote the development ofthe City.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
TOWN CENTER OVERLAY DISTRICT
Section 1. Inclusion in Land Develonment Ree:ulations. This Ordinance shall be
included in th~ Land Development Regulations of the City of Sunny Isles Beach.
Section 2. Purnose and Intent of the District. The purpose of the Town Center
Overlay District is to provide for the use and development of properties within the area
designated in the Sunny Isles Comprehensive Master 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 businesses and activities serving the City of Sunny Isles
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Beach, tourist populations and surrounding communities; and, the restriction of those
uses and development patterns that are in conflict with these policies and objectives.
Section 3. Effect of the District Desie:nation. The effects of these regulations shall
be to modify regulations within portions of other zoning districts included within the
boundaries, including, but not limited to, BU-l, BU-IA, and BU-2 on Sunny Isles
Boulevard, but only to the extent indicated herein.
Section 4. District Location Standards. The District may be applied as an overlay
only to those properties within the boundaries of the Town Center as described on the
Future Land Use Map in the Comprehensive Plan.
Section 5. Permitted and Prohibited Uses. No building or land within this district
shall be used in whole or in part except for uses permitted by the underlying zoning
districts with the exception that the following uses are prohibited.:
(1) Automobile and light truck new sales agency or rental.
(2) Automobile Service Stations.
(3) Automobile Self-service Gas Stations.
(4) Automobile storage within a building.
(5) Installation of Automobile Tires, Batteries and accessories.
(6) Automobile Washing.
(7) Dog or Pet Hospitals
(8) Self Service Storage Facilities
(9) Any business engaged in an activity which requires the exclusion of
minors pursuant to Chapter 847, Florida Statutes.
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Section 6. Required Ground Floor Uses. For ground level building interior space
directly abutting a front yard area facing Sunny Isles Boulevard or Collins Avenue, as it
intersects, permitted uses shall be restricted to uses permitted in the BU-l District.
Section 7. Heie:ht. onen snace and yard requirements in the district. For parcels
less than three acres in area, the maximum building height shall be four (4) stories and
not exceed forty five (45) feet in height. For parcels greater than three acres in area, there
shall be no height limit. The minimum required landscaped open space for all parcels
shall be ten (10) percent of the total lot area. The minimum front yard building setback
shall be ten (10) feet and the maximum front setback shall be twenty five (25) feet. The
minimum rear setback shall be ten feet except abutting a waterfront in which case the
minimum setback shall be twenty five (25) feet. All yard areas abutting a waterfront
shall be improved with a publicly accessible, landscaped bay-walk not less than twenty
(20) feet in width.
Section 8. Floor Area Ratio Requirements in the District. For parcels less than
three acres in area, the maximum floor area ratio (F.A.R.) shall be 1.00. Any limitations
on Floor Area Ratio based on the number of floors in a building as may be provided in
underlying zoning districts shall not apply. For parcels of three acres or greater in size,
the Floor Area Ratio may be increased by 0.50 for each additional one acre in area up to a
maximum of 2.00.
Section 9. Parkine: Standards. Minimum parking requirements shall be as provided
in Article VIT., Off Street Parking, of these regulations. Notwithstanding the provisions of
Article VIT., required off-street parking may not be located in any required front yard area
and required off-street parking may be located off-site not more than three hundred (300)
feet from the principal use site except within a municipal parking garage or lot
constructed by the City to serve the Town Center.
Section 10. Site Plan Review. The Community Planning and Zoning Department
shall review plans for compliance with zoning regulations and for compliance with the
site plan review criteria. In addition, the site plan review is intended to encourage logic,
imagination, innovation and variety in the design process and thereby ensure the
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congruity of the proposed development and its compatibility with the surrounding area.
All plans submitted to the Department shall be reviewed and approved with or without
conditions or denied within thirty (30) days from the date of submission. The applicant
shall have 30 days to respond to the comments of the department. If the applicant fails to
respond or to request an extension, the application shall be deemed null and void by the
Department. The Department shall notify the applicant upon the voiding of an
application. The Department Director may grant an extension if the Director believes the
Applicant shows sufficient cause to have the extension granted, within the sole discretion
of the Community Planning & Zoning Director, that the request is reasonable or the
request may be denied. If the extension is denied, the applicant may appeal the denial to
the City Commission.
Site Plan Review Procedure: Exhibits shall be prepared by State of
Florida registered design or engineering professionals, shall be submitted to the
Department and shall include, but not be limited to the following:
(1) Site plan including the following information:
(a) Lot lines and setbacks.
(b) Location, shape, size and height of existing and proposed
buildings, decorative walls and entrance features.
(c) Landscaping in accordance with Chapter 18A of this Code.
(d) Location of off-street parking and loading facilities and
waste collection areas, including photometric data at time of permit
to verify compliance with site lighting standards.
(e) Indication of exterior graphics, as required.
(f) Indication of any site design methods used to conserve
energy.
(2) Floor plans, including total gross square foot area of each floor,
and full elevations of all structures. The elevation of the lowest floor shall
be shown in relation to mean sea level
(3) Figures indicating the following:
(a) Gross and net acreage.
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(b) Amount of landscaped open space in square feet required
and provided.
(c) Amount of building coverage at ground level in square feet.
(d) Total trees required and provided in accordance with
Chapter 18A of this Code.
(e) Parking (regular and tandem, if any) required and provided.
(f) Total amount of paved area in square feet.
(g) Average grade level of the Sunny Isles Boulevard or
Collins Avenue public sidewalk for the width of the site. The term
"grade" as used hereinafter for the District shall mean this average
grade level of the fronting sidewalk for each particular site.
(h) Such other design data as may be needed by the
Department to evaluate the project.
Site Plan Review - Criteria. The following criteria shall be utilized in
the plan review process:
(1 ) Purpose and intent: The proposed development fulfills the
objectives ofthis article.
(2) Planning studies: Design guidelines, planning studies or
neighborhood area studies accepted or approved by the City Commission
that include development patterns or environmental design criteria which
would apply to the development proposal under review shall be utilized in
the plan review process.
(3) Landscape: The indigenous landscape shall be preserved in its
natural state insofar as is practicable by minimizing tree removal.
Landscaping shall be used to shade and cool, direct wind movements,
enhance architectural features, relate structure design to site, visually
screen incompatible uses and buffer particulate emissions generated by
major roadway traffic. All landscaping shall conform to the adopted
Sunny Isles Streetscape Master Plan.
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(4) Buffers: Buffering elements in the form of architectural design
and landscape design that provide a logical transition to adjoining existing
or permitted uses shall be provided.
(5) Scale: Scale of proposed structures shall be compatible with the
height and bulk regulations of this Code. Buffers shall be employed
where appropriate to ensure that effective transitions between existing and
new development or redevelopment are achieved. New and/or
redeveloped projects which are in conformity with this code shall not be
deemed to be incompatible with adjacent non-conforming development
within the district simply due to project scale differentials where
appropriate buffers are provided in accordance with this code.
(6) Circulation: Pedestrian and auto circulation shall be separated
insofar as is practicable, and all circulation systems shall adequately serve
the needs of the development and be compatible and functional with
circulation systems outside the development. The number and width of
driveways and curb cuts along Sunny Isles Boulevard or Collins Avenue
shall be minimized.
(7) Streetscape Design: All front setback areas and abutting public
walkways shall be designed and improved in conformance with the
adopted Sunny Isles Streetscape Master Plan to enhance the public
pedestrian environment and improve and promote pedestrian circulation
within the district and amongst and between individual properties.
(8) Energy considerations: Site design methods to reduce energy
consumption shall be encouraged. Energy site conservation methods may
include siting of structures in relation to prevailing breezes and sun angles
and use of landscape materials for shade and transpiration.
(9) Parking areas: Building wall extensions, planting, berms or other
innovative methods shall be used as a means of minimizing the adverse
effect of the visual impact of parking areas. The building walls of a
parking garage located adjacent to the Sunny Isles Boulevard or Collins
Avenue front setback area shall be completely screened by berms and
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landscaping. This requirement may be in addition to the requirements of
the landscape regulations of the City. Building walls of parking structures
shall be designed so as to express the scale and rhythm of fa~ade openings,
fenestrations and architectural lines of primary use structures adjacent or
above the garage space to maintain a consistent and harmonious fa~ade
design. The street facades of enclosed parking structures shall be designed
so as not to permit views of vehicles, exposed overhead lighting, or
building utilities within the building. Parking ramps may not be expressed
on facades facing Sunny Isles Boulevard or Collins Avenue or abutting
properties.
(10) Open spaces: Use able open space and recreation space shall be
oriented to optimize views to the bay or the ocean as applicable, minimize
shade impacts of primary use structures, capture prevailing breezes and
minimize conflicts with pedestrian circulation pathways to the fullest
extent possible.
(11) Graphics: Graphics, as required, shall be designed as an integral
part of the overall design of the project.
(12) Art display: Permanent interior and exterior art displays of a non-
commercial nature and water features should be encouraged in the overall
design of the project.
(13) Visual screening for decorative walls: In an effort to prevent
graffiti and vandalism, to preserve public access to public bay walk access
pathways and to preserve the view corridor, the following options shall be
utilized for walls.
(a) No solid CBS, concrete, or wood wall, or retaining
walls necessary to protect public facilities, shall be placed in a
front setback nor shall a solid wall or fence of any kind be
permitted to obstruct access to a dedicated access easement.
(14) Wall with anti-graffiti paint. A six-foot (6') high or lower CBS,
concrete, or solid wood wall may be placed on an interior or rear property
line except along waterfront property lines and may be placed no closer
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than ten (10) feet from a side street line and shall be treated with anti-
graffiti paint and landscaped as required per Section-217.2. (12.1)
(15) Landscaping Requirements for walls and fences: Walls or fences
which are otherwise permitted to be located within the exterior side or rear
setback shall be setback at least 10 feet from the property line and the
resulting setback area between the fence and the right of way line shall
contain a continuous extensively landscaped buffer which must be
maintained in a good healthy condition by the property owner or, where
applicable, by the condominium, homeowners or similar association. The
landscape buffer shall contain the following planting materials:
(a) Shrubs. Shrubs shall be a minimum of three (3) feet in
eight when measured immediately after planting and shall be
planted and maintained to form a continuous, unbroken, solid,
visual screen within one (1) year after time of planting; or
(b) Hedges. Hedges shall be a minimum of three (3) feet in
height when measured immediately after planting and shall be
planted and maintained to form a continuous, unbroken, solid,
visual screen within one (1) year after time of planting.
(c) Vines. Climbing vines shall be planted on a picket or
decorative fence and shall be a minimum of thirty-six (36) inches
in height immediately after planting.
(d) Trees. Trees shall be a minimum of fifteen (15) feet in
total height and palms shall have eight (8) feet of clear trunk and
shall be planted within buffer zones at not less than one (1) tree or
two (2) palms per thirty (30) lineal feet.
(16) Site Lighting: Site lighting shall be provided to illuminate parking
lots and sidewalks, including any public sidewalk adjacent to the site, at a
minimum lighting level intensity of two (2) foot candle per square foot.
The site plan shall include photometric data at the time of permit as may
be required by the Director to demonstrate compliance with the standards.
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(17) Building Lighting: Accent lighting of buildings to highlight
distinctive architectural features and rooftop elements, emphasize vertical
lines and changes of fa~ade planes is encouraged. Lighting should be
indirect with no exposed light sources and no glare impacts on
surrounding properties. Colored lighting is to be used judiciously with
white lighting of colored surfaces the preferred approach. Neon strip
lighting to outline building edges shall have no visible exposed direct light
sources such as when placed behind a reveal to wash an adjacent recessed
building surface.
(18) Utilities to be placed Underground: New developments or
redevelopment along Sunny Isles Boulevard or Collins Avenue shall be
required to place electrical, telephone, cable television and other utilities,
located on or in front of the site, underground. At the sole option of the
City the developer may be required to place the utilities underground
concurrent with the development or redevelopment, or to participate in an
overall improvement program to place such utilities underground by
payment of a pro-rata share of the cost of the improvement program. Such
pro-rata fair share contributions shall be deposited in a capital
improvement fund maintained by the City and shall be expended only for
the under-grounding of public utilities along Sunny Isles Boulevard or
Collins Avenue.
Section 11. ReDeal of Contlictine: Ordinances. All prior ordinances or parts thereof
in conflict in herewith, are hereby repealed to the extent of such conflict.
Section 12. Severability. The provisions of this Ordinance are declared severable and
if any section, sentence, clause phrase of this Ordinance shall, for any reason, be held to
be invalid or unconstitutional, such decision shall not effect the validity of the remaining
sections, sentences, clauses and phrases of this Ordinance but shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity
of any part.
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Section 13. Inclusion in the Code. It is the intention of the City Commission of the
City of Sunny Isles Beach, that the provisions of this Ordinance shall become and be
made a part of the City of Sunny Isles Beach Code of Ordinances.
Section 14. Effective Date. This Ordinance shall be effective ten (10) days after
second reading.
PASSED AND ADOPTED on first reading this 1k-~ day of
lX:--\.n ~ ,2001.
II. \ PASSED AND ADOPTED
-.pJl')Veh'\b4N"",2001.
ATTEST: '
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, " Richard Brown':~orilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Motion on second reading by: ~)VWY\\<;;:'<;' ()~CGR. .:IGL<CS: I ~
Second on second reading by: CD'VnYn' <$ I of\)<u<' ~cuP
VOTE: 5-D
Mayor David Samson
Vice Mayor Lila Kauffinan
Commissioner Norman S. Ede1cup
Commissioner Gerry Goodman
Commissioner Danny Iglesias
(yes) V
(yes) V
(yes) r;~
(yes) ---;-;T
(yes) .K-.
(no)_
(no)_
(no)_
(no)_
(no)_
Town Center Overlay Ordinance 10-4-01
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