HomeMy WebLinkAboutOrdinance 2006-257
ORDINANCE NO. 2006- A. '57
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 $35,000 TO $50,000 IN
CERTAIN ZONING DISTRICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING FOR INCLUSION IN THE CODE;
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.
Section 2.
[b]
Amendment to Section 265-34.
(a)
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
"pmiicipation unit" for the purpose of the public streetscape enhancement bonus
shall be equal to $50,000 $35,000 and may be adjusted from time to time by the
City Commission pursuant to a recommendation by the City Manager.
Additionally, the City Manager and/or his designee shall review the bonus
participation unit price set forth herein every two (2) years.
Amendment to Section 265-35.
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 fOlth in Subsection D (9)(c) [1] [a], an
additional increase in F.A.R. of 0.05 shall be granted for each "pmiicipation unit"
02006- Bonus Participation Unit Increase, Amend Sec265-34,35,36
Words underlined are added, words stFiekeH are deleted.
Page I of4
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 $50,000 $35, 000 and may be adjusted from time to time by the City
Commission pursuant to a recommendation by the City Manager. Additionally,
the City Manager and/or his designee shall review the bonus participation unit
price set forth herein every two (2) years. 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 $50,000 $35,000 and
may be adjusted from time to time by the City Commission pursuant to a
recommendation by the City Manager. Additionally, the City Manager and/or his
designee shall review the bonus participation unit price set forth herein every two
(2) years.
[3] Collins Avenue public streets cape enhancements bonus. The floor area ratio
shall be increased for developments that participate in the City's Collins A venue
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
Avenue 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
"pmiicipation unit" for the purpose of the Collins A venue streetscape
enhancement bonus shall be equal to $50,000 $35,000 and may be adjusted from
time to time by the City Commission pursuant to a recommendation by the City
Manager. Additionally, the City Manager and/or his designee shall review the
bonus participation unit price set fOlih herein every two (2) years.
[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
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 "pmiicipation unit" contributed to the capital improvement fund
02006- Bonus Participation Unit Increase, Amend Sec265-34,35,36
Words underlined are added, words stHekoo are deleted.
Page 2 of4
designated for beach enhancements up to a maximum additional 0.20 F.A.R.
bonus. A "participation unit" for the purpose of the public parking trust fund
bonus shall be equal to $50,000 $35,000 and may be adjusted from time to time
by the City Commission pursuant to a recommendation by the City Manager.
Additionally, the City Manager and/or his designee shall review the bonus
participation unit price set fOlih herein every two (2) years.
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 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
$50,000 $35,000 and may be adjusted from time to time by the City
Commission pursuant to a recommendation by the City Manager.
Additionally, the City Manager and/or his designee shall review the
bonus participation unit price set forth herein every two (2) years.
(c) Collins Avenue/Sunny Isles Boulevard public streets cape
enhancement bonus. The floor area ratio shall be increased for
developments that pmiicipate 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 maximum additional 0.30 F.A.R. bonus. A "
participation unit" for the purpose of the streetscape enhancement
bonus shall be equal to $50,000 $35,000 and may be adjusted from
time to time by the City Commission pursuant to a recommendation by
the City Manager. Additionally, the City Manager and/or his designee
shall review the bonus participation unit price set forth herein every
two (2) years.
02006- Bonus Participation Unit Increase, Amend Sec265-34,35,36
Words underlined are added, words ~ are deleted.
Page 3 of 4
Section 4. Severability. 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 5. 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
relettered to accomplish such intentions; and that the word "ordinance" shall be changed to
"section" or other appropriate word, as required.
Section 6. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 7. Effective Date. This Ordinance shall become effective ten (10) days after
adoption on second reading.
PASSED and ADOPTED on first reading the t ~ ~ay of M a (c..~
PASSED and ADOPTED on second reading this II~ day of A-PR.\L
2006.
2006.
~ trP~d ~
ATTEST:
~A~
Jane A. Hines, CMC, City Clerk
~ A 11'0 FORM
FFICIENCY:
Moved by: COVlrlW\\S'S'IDIUER fH~ER...
Second by: C()m.W\\~~I01JM. GoobmAA.l
VOTE: 5'-D
Mayor Norman S. Edelcup
Vice Mayor Roslyn Brezin
Commissioner Gerry Goodman
Commissioner Daniel Iglesias
Commissioner Lewis Thaler
(yes) t/
(yes) V
(yes ---.LL
(yes) V
(yes) V
(no)_
(no)_
(no)_
(no)_
(no)_
02006- Bonus Participation Unit Increase, Amend Sec265-34,35,36
Words underlined are added, words stFi6kefl are deleted.
Page 4 of 4
To:
From:
Date:
Re:
:Aoo(t') .. d S "'1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
(305) 947-0606 City Hall
(305) 792-1565 Fax
(305) 947-2150 Building Department
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable Mayor and City Com~sion
Jorge L. Vera, Assistant City Manager ~
April 11 , 2006 CJ
Increase to Bonus Participation Unit
RECOMMENDATION
This Ordinance is presented for your consideration and approval.
REASONS
In 2003, the City Commission approved an adjustment to the value associated with the bonus
participation unit under the bonus program for certain districts in the Land Development
Regulations of the City of Sunny Isles Beach. At the time, the commission approved the value for a
bonus participation unit at $35,000,
City staff reviewed the projects approved and planned for the City in relationship to the increases in
land cost and construction cost. It is apparent that the current value of the bonus participation unit
is not keeping pace with the increase in cost of the construction industry.
According to an article on South Florida CEO magazine, a recent study conducted by Integra Realty
Resources, Inc, a consulting fIrm based out of New-York states that construction materials increased
30 percent in 2005 not including the increase in labor cost. The study implies that more cost
increases may be coming in 2006.
Taking into consideration the approved and planned City projects and the increase in the cost of
construction associated with them, staff is proposing an increase in the unit cost from $35,000 to
$50,000 dollars per participation unit.
The increase in value is based under the same nexus as in the prior analysis. The value takes into
account the increase in land value, and cost of participation unit based on current construction and
square footage value of property. The existing bonus system category shall remain intact.
Agenda Item q C . 0
Date L{ - u- O~
Memorandum
March 16
Page 2
The increase to the value of the bonus participation unit is still far less than the current market value
per square foot of property. However, this adjustment to the value of the bonus participation unit
balances the nexus between the City approved and proposed projects and the cost of the bonus
program.
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
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
TO: Police Chief Fred Maas
Clay Parker, Building Official! Administrator
Robert Solera, Assistant Administrator, Code Enforcement & Licensing/Bldg Dept.
Elena Del Campillo, Planning and Zoning Technician
FROM: Jane A. Hines, CMC, City Clerk
DATE: April 13, 2006
RE: Ordinances Adopted on April 11, 2006
At its regular meeting of April 11, 2006, the City Commission adopted the following
Ordinances:
· Ordinance No. 2006-255, relating to Construction Noise;
· Ordinance No. 2006-256, requiring a Permit for Public Assembly; and
· Ordinance No. 2006-257, increasing the price of a Bonus Participation Unit.
Attached for your action and files is a copy of each of the Ordinances.
Thank you.
:jah
Attachments
cc: A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager
041106 Ord Trans Memo