HomeMy WebLinkAboutOrdinance 2004-192
ORDINANCE NO. 2004- Iq Z.
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 EA.R. shall be granted for each
participation unit contributed to the capital improvement fund for roadway
enhancements up to a maximum additional 0.50 EA.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
adjl:1sted 8flnually based OR tHe COflsumer price iadex, Imlltiplied by the total
number of acres eontafRed in the subject pareel.
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
1
Words underlined are added, words 5tftelreIl 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 EAR. 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 adjusted from time to time by the City Commission
pursuant to a recommendation by the City Manager. $14,000 adjusted tmRaally
based on the eonsumer price index, multiplied by the total namber of acres
contained in the sabject par<;el. 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 EAR. shall be granted for each "participation unit" contributed to
the capital improvement fund designated for beach enhancements up to a
maximum additional 0.50 EAR. 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 adjasted aflBually based on the COBSUffier price
index, ffi1:lltiplied by the total n\::lmber of aeres comained in the sabjeet 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 EAR. shall be granted for
each "participation unit" contributed to the capital improvement fund designated
for beach enhancements up to a maximum additional 0.30 EAR. bonus. A
"participation unit" for the purpose of the Collins A venue streetscape
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 adjasted aBnually based on the COBS\::lmer price iBdex, multiplied by the
total namber of acres 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 ~ 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
adjusted anooally based on the consumer price inBex, maltipliea by the total
number of acr-es contained in the sebject pai"-eel.
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 adjusted from time to time by the City Commission
pursuant to a recommendation by the City Manager. $14,000 a6jl:lsted
annually based on the consumer price iBdex maltipliea by the total
number of acr-es contained in the subject pai"eel.
(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.AR. 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 stfiekeft 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. $11,000 adjusted aRfll:lally based on tbe conS\:lmer price
index, multiplied by the total number of acres contained in the subject
parcel.
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 li day of ~~~bev, 2003
PASSED and ADOPTED on second reading this ~1ax o~ Ml..4, 2004.
ATTEST: .
"'-'~ f\ .~
Jane A. Hines, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Moved by: G~",^,~s.\Of\)~ 'I6L-E~/#lS
Second by: CoI'W\"",S'S-tOf\)u. ~~
VOTE: 5-0
Mayor Norman S. Ede1cup
Vice Mayor Gerry Goodman
Commissioner Roslyn Brezin
Commissioner Daniel Iglesias
Commissioner Lewis Thaler
(yes) V
(yes) ~
(yes --1.L'
(yes) ---t.L'
(yes) =-v
(no_
(no)_
(no)_
(no)_
(no)_
Ordinance Amending Sections 265-34, 35, and 36
4
Words underlined are added, words sti'iekeB are deleted.
r NNY ts( City of Sunny Isles Beach CityCommissia
Fs Yorman S.Edelcup, Mayo
; �, 17070 Collins Avenue, Suite 250 Gerry Goodman, vice Mayo
Sunny Isles Beach, Flonda 33160 Roslyn Brezin,Commissione
��� ,4 = Danny Iglesias,Commissione
+ Lewis Thaler,Commissione
•
` ` (305)947-0606 City Hall
�'Dy` - P� (305) 949-3113 Fax Christopher J.Russo,City Manage
O r
:„. 9,,..::-F C
FLOW O S� (305) 947-2150 Building Department Lynn M.Dannheisser,City Attorne
rY of suN "`� (305) 947-5107 Fax Jane A.Hines,City Clen
Memorandum
TO: The Honorable City Commission
FROM: Christopher J. Russo, City Manager
DATE: December 18, 2003
RE: 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 8 , -2,
Date UL
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 TDR.
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 C, 7