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
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(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
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(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.
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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)
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ldYes)
!,CtYes)
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_(No)
_(No)
_(No)
_(No)
_(No)
Cultural and Overlay Ordinance
Page 6 of6
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Indicates are. affected .
From 178 st to 185 st between
Collins Avenue and Atlantic Blvd
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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
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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.
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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
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16
CITY OF SUNNY ISLES BEACH
NOTICE OF MODIFICATION
OF B-1 ZONING DISTRICT
BY CREATING A
CULTURAL AND
EDUCATIONAL ZONING
OVERLAY DISTRICT
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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.
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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.
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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.
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