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HomeMy WebLinkAboutOrdinance 2006-245 ORDINANCE NO. 2006- 24.5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ARTICLE VII OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SUNNY ISLES BEACH TO CREATE A ZONING OVERLAY DISTRICT ENTITLED CULTURAL AND EDUCATIONAL ZONING OVERLAY DISTRICT ("CED"); PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR PERMITTED AND CONDITIONAL USES; PROHIBITING CERTAIN USES; PROVIDING FOR SITE DEVELOPMENT STANDARDS; PROVIDING FOR LAND DEDICATION FOR RIGHT- OF-WAY AND OPEN SPACE; ESTABLISHING BOUNDARIES FOR THE DISTRICT; PROVIDING THAT THE CITY'S ZONING MAP SHALL BE AMENDED TO INCLUDE THE CULTURAL AND EDUCATIONAL ZONING OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission wishes to encourage the development of cultural and educational facilities within the Cultural and Educational Zoning Overlay district; and WHEREAS, the development of residential, retail, office, and government uses within the Cultural and Educational Zoning Overlay District promote pedestrian friendly development within the City; and WHEREAS, the adoption of this Ordinance supports a form of development that will encourage a mixture of uses, including complementary residential, retail, service, office, lodging, entertainment, educational, government, public and quasi-public and cultural uses. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incornoration 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. Purnose and Intent. The Cultural and Educational Zoning Overlay District (CED) is established to encourage and provide locations for cultural and educational uses and facilities within the City of Sunny Isles Beach. The CED is intended to be applied to and overlay the Mixed Use-Business Land Use category, outside of the Town Center District (TCD). This land use category is intended to provide services primarily for surrounding residential areas, 02006-245 Cultural And Educational Zoning Overlay District Page I of6 neighboring communities and visitor populations in an environment oriented to the pedestrian and adjacent street frontages. The CED is designed to supplement and complement the existing Neighborhood Business District (B-1) zoning category. If the CED imposes a greater restriction than the underlying district regulations, the CED shall control. The additional purposes of the CED established in this Ordinance are: (A) To provide incentives for the granting of right-of-way easements or dedications for public vehicular use and public pedestrian paths. (B) To encourage a convenient, balanced multi-modal transportation system; (C) To enhance continuous pedestrian paths and pedestrian mobility; (D) To promote transit usage and public access to parks and open space. (E) To promote the extension of North Bay Road to facilitate pedestrian and vehicular access from l83rd Street to l85th Street. Section 3. Permitted Uses. No building or structure, or part thereof, within the CED shall be erected, altered or used, or land used in whole or in part for other than one or more of the following specific uses, subject to all other applicable standards and requirements contained in this Ordinance: (I) All uses permitted in RMF-1 district. (2) Retail uses. (3) Banks and financial institutions. (4) Conservatories and music and dance schools. (5) Art school. (6) Performing arts center, live theater. (7) Art gallery. (8) Health spas and studios. (9) Hotels. (10) Offices: business, medical and professional. (II) Pet grooming and supplies with no kennels or overnight animal boarding. (12) Restaurants and coffee houses or dining rooms with incidental sales of alcoholic beverages. (13) Religious facilities. (14) Schools. (15) Post office and self-service postal stores for walk-up trade. (16) Telecommunication facilities. (17) Education learning centers. (18) Performing arts center, live theater. (19) Art gallery. Section 4. Conditional Uses. All conditional uses provided for in the RMF -I zoning B-1 districts. 02006-245 Cultural And Educational Zoning Overlay District Page 2 of6 Section 5. Prohibited Uses. The permitted uses listed in this CED shall not be construed to include, either as a principal or accessory use, any of the following: (I) (2) (3) (4) (5) (6) (7) Section 6. Adult entertainment as defined in Article II. Pawnshops. Auto repair, gas stations, service stations, car washes. Manufacturing facilities. Wholesale, warehouse and distribution facilities. Storage facilities. Apartment hotels. Site Development Standards. (I) Floor area ratio. Except as provided herein below, the maximum floor area ratio (F.A.R.) shall be 2.0 for all uses. The F.A.R. 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 F.A.R. shall be increased by 0.40 for developments that provide 75% or more of the required on-site parking in enclosed structures fully screen vehicles from exterior views. (b) Sunnv 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 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 0.25 F.A.R. 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. (c) Collins Avenue/Sunnv 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 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 $35,000 and may be adjusted from time to time by the City Commission pursuant to a recommendation by the City Manager. (d) Site assemblv bonus. For parcels over 20,000 square feet in area, the F.A.R. shall be increased by 0.05 for each additional 10,000 square feet of lot area up to a maximum additional 0.50 F.A.R. bonus. 02006-245 Cultural And Educational Zoning Overlay District Page 3 of6 (2) Maximum dwelling unit densitv. The maximum dwelling unit density shall be as follows: (a) Apartments. Except as modified in Subsection (3) below, the maximum number of residential dwelling units shall not exceed a density of 25 dwelling units per acre. (b) Apartment-Hotels. Except as modified in Subsection (3) below, apartment- hotels, shall not exceed a maximum density of 65 dwelling units per acre. Apartment-hotels shall be permitted to have "lockout" rooms that may be rented separately from the remainder of the unit provided that each lockout shall be counted as a separate unit for parking calculations. Lockout rooms shall not count as separate units for density calculations. Lockout units shall not be subdivided and sold separately from the main unit provided, however, that should any apartment hotel with a lockout unit be converted to a condominium building or strict residential dwelling apartment house, then, each such lockout shall become part and parcel of the original apartment-hotel unit and no lockout room shall be deemed to exist independently upon such converSIon. (3) Dwelling unit density bonus. The maximum dwelling unit density shall be increased only in accordance with the following provisions and limitations: (a) Dwelling unit density bonus. The maximum dwelling unit density may be increased by one dwelling unit per acre for each 0.02 increase in F.A.R. granted in accordance with ~265-36E(l) of the City Code up to a maximum density of80 dwelling units per acre. (b) Affordable housing densitv bonus. The maximum dwelling unit density with bonuses as provided in Subsection (3)(a) above may increased by ten (10) units per acre to maximum of eighty-five (85) units per acre provided the dwelling units achieved through this bonus comply with the affordable housing provisions of the Housing Element of the adopted Sunny Isles Beach Comprehensive Plan. (4) Maximum height. Except as provided below in Section 4(a), the maximum height of a building shall be 55 feet above the center line of the street for the sites that have a property line contiguous with an R-l or R- TH District. That portion of a building within 100 feet of an RMF zoned property shall be limited to three feet of building height over 35 feet above grade for every one foot of distance from the RMF district. The maximum height shall not exceed 190 feet. (a) Land Dedication Height Bonus. Owners of land parcels within the CED may dedicate land by easement to the City for use as a right-of-way in return for an increase in the overall permitted height in the CED. Permitted height may be increased at the rate of 1.5 feet of height for each foot of width of public right-of-way that is dedicated to the City. The maximum width of the right-of-way shall not exceed fifty (50) feet. Such easements shall be recorded in the public records and maintained as easements in perpetuity. The City Commission shall have the discretion to accept or reject the dedication depending on whether it will enhance pedestrian mobility and vehicular access, ease traffic congestion, and is otherwise in the best interest of the City. The maximum height shall not exceed 265 feet. 02006-245 Cultural And EducationaJ Zoning Overlay District Page4of6 (b) Street-Level Pedestrian Promenade Bonus. An owner of land adjacent to an R1, R-TH or RMFl zoned property may dedicate a public pedestrian way easement of not less than twenty feet (20') in width to the City. Dedication of this easement, after approval by the City Commission, shall entitle the property owner to a 0.10 F.A.R. bonus in accordance with Section 265-36E (I) of the City Code. (c) Dedicated Land. Land dedicated pursuant to Sub-Section 4 (a) (b) shall be calculated as part of the lot's area for purposes of determining permitted density and floor area as well as compliance with all zoning requirements. (5) Minimum setbacks. (a) Front: Minimum of25 feet; (b) Rear: Minimum offive feet, except that where the building abuts a residential district, the setback shall be 15 feet. (c) Side: Minimum 10 feet, except that where the building abuts a residential district, the setback shall be 15 feet. (6) Minimum lot width: 100 feet. (7) Landscaped open space. A minimum of 20% of the lot area shall be landscaped and improved with pedestrian walkways, courtyards, street furniture, lighting and plantings. (8) Lot coverage: The total lot coverage permitted for all buildings, including parking on the site shall be 80 %. (9) Minimum lot area: 10,000 square feet. Section 7. Boundaries of District. The boundaries of the CED shall be l85th Street on the north and l78th Street on the South. Collins A venue on the east, Atlantic Boulevard and the Intracoastal Waterway on the west. Section 8. Amendment of Zoning Map. The City's zoning map shall be amended to reflect the Cultural and Educational Overlay Zoning District. Section 9. Severabilitv. 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, clauses, 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 10. 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 02006-245 Cultural And Educational Zoning Overlay District Page 5 of6 relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 11. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed except that this amendment shall not apply to previously approved TDRs which transfers shall be accomplished in accordance with the terms of the ordinance in effect at the time of said transfer. Section 12. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the ~ day Of~~, 2006. PASSED and ADOPTED on second reading the .J.J1..4day of J=e.~, 2006. ,~ , ~r:.. . ~A~ Jane A. Hines, City Clerk Moved by: eCH',""",, SSI o"-lf.n... :J!; L~SI'~ Seconded by: Gm""" ~S:,(),.;)<[R lH J\--Lee... Vote: 5-D Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler !.dYes) ~Yes) ldYes) !,CtYes) ~Yes) _(No) _(No) _(No) _(No) _(No) Cultural and Overlay Ordinance Page 6 of6 ~ . <( M S Ha.lover Park Sunny Isles Beach l:: ~ <u I..l o Le~end .~ Indicates are. affected . From 178 st to 185 st between Collins Avenue and Atlantic Blvd I..l '- .... l:: ..Sl .... oo:t: t N TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner Police Chief Fred Maas, Interim City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM Clay Parker, Building Official/Administrator Robert Solera, Assistant Administrator of Building, Code & Licensing Elena Del Campillo, Zoning Technician ?l.{)~ Priscilla Walker, Deputy City Clerk February 23, 2006 Ordinance Creating Cultural and Educational Zoning Overlay District At its regular meeting of February 16, 2006, the City Commission adopted Ordinance No. 2006-245, which amended Article VII of the LDRs, by creating a Cultural and Educational Zoning Overlay District. Attached is a copy of the ordinance for your files. Thank you. :pw Attachments cc: Police Chief Fred Maas, Interim City Manager Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager Cultural & Zoning Ovcrlay District OrJ Trans Mcmo .' 16 CITY OF SUNNY ISLES BEACH NOTICE OF MODIFICATION OF B-1 ZONING DISTRICT BY CREATING A CULTURAL AND EDUCATIONAL ZONING OVERLAY DISTRICT <D co co N u-i >- 0:: <l: => 0:: (J) LJ.J u.. ~ <l: o :z: => V1 The City Commission of the City of Sunny Isles Beach, Florida, proposes to adopt the following Ordinance: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ARTICLE VII OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SUNNY ISLES BEACH TO CREATE A ZONING OVERLAY DISTRICT ENTITLED CULTURAL AND EDUCATIONAL ZONING OVERLAY DISTRICT ("CEO") PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR PERMITTED AND CONDITIONAL USES; PROHIBITING CERTAIN USES; PROVIDING FOR SITE DEVELOPMENT STANDARDS; PROVIDING FOR LAND DEDICATION FOR RIGHT-OF-WAY AND OPEN SPACE; ESTABLISHING BOUNDARIES FOR THE DISTRICT; PROVIDING THAT THE CITY'S ZONING MAP SHALL BE AMENDED TO INCLUDE THE CULTURAL AND EDUCATIONAL ZONING OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. c .... c( IX w :x: i: 0:( i: UJ :x: .... E o u -0 Iii Q; :c E "' ~ > <( SdDIlY bles i Bea~b - ~-- , --~ -{ ".,..--- :;j I: ",,",p.~..,~,,_ ~ Cail"""_.......-.B.w i ! NOTICE IS HEREBY GIVEN that the City Commission, also sitting as the Local Planning Agency, of the City of Sunny Isles Beach, Florida, will hold a public hearing on second and final reading of the above proposed Ordinance on Thursday, February 16, 2006 at 7:30 p.m. in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers. 18070 Collins Avenue, Sunny Isles Beach, Florida. Inquiries regarding this item may be directed to the Assistant City Manager at 305-947-0606. Copies of these documents are available for public inspection during nonnal business hours in City Hall. Jane A. Hines, CMC, City Clerk All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk. City of Sunny Isles Beach, 1 B070 Collins Avenue, Sunny Isles Beach, Florida, 33160. Any person wishing to address the City Commission at a public hearing is asked to register with the City Clerk by completing a public speakers' card prior to the item being heard. The hearing on this matter may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. t In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meetin9 because of that disability should contact the City Manager at 305- 947 -0606. no later than 48 hours prior to the proceedings; if hearing impaired. please telephone the TOO line at (305) 792-1590 for assistance. ~ r i