HomeMy WebLinkAboutOrdinance 2006-271
ORDINANCE NO. 2006- ~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION
265-34 OF THE LAND DEVELOPMENT REGULATIONS
RELATING TO "MEDIUM-HIGH DENSITY MULTIFAMILY
RESIDENTIAL ZONING DISTRICT (RMF-2)", ESTABLISHING
SETBACK REQUIREMENTS; PROVIDING FOR PURPOSE AND
INTENT; ESTABLISHING BUILDING SEPARATION
REQUIREMENTS; PROVIDING FOR LANDSCAPE AND
UTILITY EASEMENT; PROVIDING FOR SEVERABILITY
PROVIDING FOR REPEALER; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission wishes to promote continuous pedestrian path and
pedestrian mobility in order to reduce vehicular traffic along Collins A venue;
WHEREAS, greater setbacks and building separation along Collins Avenue will
encourage the development of pedestrian friendly environments; and
WHEREAS, the adoption of this Ordinance SUppOltS a form of development that will
encourage safe and active pedestrian environments.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation 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. Purpose and Intent. The purpose of this Ordinance is encourage continuous
pedestrian paths and pedestrian mobility along Collins A venue, The intent of this Ordinance is
to encourage greater setbacks and building separation along Collins A venue to encourage the
development of a pedestrian friendly environment.
Section 3. Amendinl!. Section 265-34. Section 265-340 of the Sunny Isles Beach Code is
amended to read as follows:
D. Site development standards.
(1) Minimum lot area and width:
(a) Single-family and two-family dwellings: 4,000 square foot long not less
than 40 in width.
(b) Townhouses: As required in the R-TH District.
(c) Apartments: 10,000 square foot lot not less than 100 feet width.
(2) Maximum Height:
Amending Section 265-.14 LDR Relating to Setback RC'luin:mcnts
Page 1 of(j
(a) Buildings abutting Collins Avenue. Except as provided below. the maximum height of a
building shall be:
[11 Parcels over 250 feet in depth: the maximum height of the building shall be 50 feet
(four stories) for the first 130 feet setback from the propertv line. 100 feet (eight stories) for the
next 100 feet. then 190 feet for a maximum overall height (19 stories).
[21 Parcels between 150 feet and 250 feet in depth: the maximum height of the building
shall be 50 feet (four stories) for the first 100 feet setback from the propertv line. then 190 feet
(19 stories).
[31 Parcels with less than 150 feet of depth: the maximum height for the building shall be
50 feet (four stories) for the first 50 feet setback from the propet1v line. then 190 feet (19 stories).
(b) For single-family, duplex and town houses: As in the R-l and R-TH Districts respectively.
(c) For apartment structures not abutting Collins Avenue. The maximum height shall be 190 feet
including all rooftop equipment and further controlled by the minimum setbacks.
(3) Lot coverage. The combined lot area covered by all principal and necessary buildings shall
not exceed 60% of the area of the lot. Structures whose rooftop level is connected by walkways
directly at the rooftop level to a multifamily structure, and that have a flat roof structure that is
fully improved with landscaping, usable plazas, terraces, active unenclosed recreation facilities
and the like shall have a lot coverage, including the above described improved rooftop structures
not exceeding 80% of the lot area.
(4) Minimum setbacks for apartment structures not abutting Collins Avenue,
(a) Apartments:
[I] Front: 20 feet plus one foot for each three feet of building height over 35 feet up
to a maximum 50.
[2] Side: 10 feet plus one foot for each two feet of building height over 35 feet up to a
maximum of 50 feet.
[3] Side Street: 15 feet plus one foot for each feet of building height over 35 feet up
to a maximum of 50 feet.
[4] Rear: 15 feet plus one foot for each three feet of building height over 35 feet up to
a maximum of 50 feet.
[5] Building spacing: The greater of 25 feet or 40% of the height of the tallest
building not to exceed 60 feet.
Amending Sr.:ctiotl 265-.14 LDR Rdating tD Setback Rl:llllircmmt~
Page 2 of 6
(b) Single-family, duplex and townhouses: As required in the R-I and R-Th Districts
respectively.
(c) Minimum setbacks properties abutting Collins Avenue.
[1] Front:
(a) minimum of25 feet for properties providing 15 feet of colonnade
(b) minimum of 40 feet for properties not providing 15 feet of colonnade
[2] Rear:
A mInImum of 25 feet shall be required be between openings (store front,
windows, sliding glass doors in buildings, except for enclosed garage. Balconies
may encroach a maximum of 4 feet into the setback area.
[3] Side;
A minimum of 25 feet shall be required between openings (store front, windows,
sliding glass doors in buildings, except for enclosed garage. Balconies may
encroach a maxim of 4 feet into the setback area,
(5) Minimum Open space: 35% of the total lot area. Required open space shall be
unencumbered with any structure, parking or loading space and shall be landscaped and
improved for passive and active recreation including waterfront walkways, plazas, terraces, pools
and game courts.
(a) All properties abutting Collins Avenue shall provide a lO-foot easement within the
required front setback. The easement shall be dedicated to the Citv for the
implementation of the Collins A venue Streetscape Plan. The Citv shall use the easement
to increase the pedestrian walk paths, landscaping pm'poses, placement of utilitv wires
and anv other municipal purposes.
(6) Building separation on separate parcels abutting Collins Avenue. When there are two towers
located on different proper!;)', a minimum separation of 50 feet shall be maintained between
pedestals (50 feet or less in height) and a minimum separation of 100 feet shall be maintained
between towers (above 50 feet in height),
[11 When there are two or more towers on the same propertv, the building separation
shall be a minimum of 50 feet between towers.
[21 The maximum tower width shall be 200 feet.
(7) Maximum floor area ratio. The floor area ratio shall not exceed 2.0. Additional bonus floor
area ratio up to 2.5 may be allowed for waterfront developments that comply with Community
Design Element Policy ] E, Recreation and Open Space Element Policy I C and Coastal
Management Element Policies 3A and 3D of the City's Comprehensive Plan.
Amending Section 265-]4 ] ,1)1{ Relating tll Setback Rt'\.jllin:mmt~
Page:\ Of(l
(8) Allowable increases in floor area ratio. The floor area ratio for developments that provide
certain features shall be increased to a floor area ratio not to exceed 2.5 in conformance with the
following provisions and limitations:
(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 participation unit, for the
purpose of the public streetscape enhancement bonus, shall be equal to $50,000 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 years.
(9) Maximum dwelling unit densitv. The maximum dwelling unit density shall be as set forth
below:
(a) Except as modified in Subsection D(8)(b)[l] below, the maximum number of
residential dwelling units shall not exceed a density of 50 dwelling units per acre.
(b) Density bonuses:
[1] Residential dwelling units. The maximum residential dwelling unit density
may be increased up to a maximum of 60 per acre for waterfront
developments that comply with Community Design Element Policy 1 E,
Recreation and Open Space Element Policy I C and Coastal Management
Element Policies 3A and 3D of the City's Comprehensive Plan.
[2] Affordable housing density bonus. The maximum residential dwelling unit
density may be increased by five units per acre up to a maximum of 65 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.
(10) Minimum floor areas, The minimum floor area for a multiple-family dwelling unit not
including garage or unair-conditioned areas shall be as follows:
(a) Efficiency unit: 550 square feet.
Amending Section 265-34 LDR Relating to Setback Rel.Jllircmcnt~
Page 40f6
(b) One-bedroom unit: 750 square feet.
(c) Two-bedroom unit: 900 square feet
(11) Convenience retail. Apartment developments having a minimum of 300 residential units
may have convenience retail not exceeding 1,000 square feet as an accessory use, provided that:
(a) Such services relate to the needs of the residents of the proposed development.
(b) Such services are located wholly within the primary use structure or community
center structure.
(c) Signage on any structure is prohibited as are window displays or displays of
merchandise visible from a public roadway except for outdoor dining tables, sidewalk
cafes and the like.
Section 5. Zoninl! in Prol!ress The prOVISIOns of this Ordinance shall not effect or be
enforceable against, any zoning applications that have been received by the City prior to the
effective date of this Ordinance. The zoning application shall be in compliance with the
provisions of Section 265-11 of the City Code.
Section 6. 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 shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 7. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed,
Section 8. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on First Reading this ~ day of AI olltw.lot.lr , 2006.
PASSED and ADOPTED on Second Reading this I 'I+l-day of l::x.c.ew.h<<r ,2006.
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Amending Section 265-34 I,DR RehLing to Setback ltt'lluirt'01l'llts
Page 5 of6 '
Moved by: C.hW\ M.' SS: Hll\l ~ It. I~l~~/I1S"
Seconded by: '1/\ c ~ (V\t'lt~0'tL W I\-LtR.
VOTE: S-.D
Mayor Norma S. Edelcup
Vice Mayor Roslyn Brezin
Commission Gerry Goodman
Commissioner Danny Iglesias
Commissioner Lewis Thaler
(yes) ~
(yes) .......
(yes) V
(yes) ~
(yes) ~
(no)
(no)
(no)
(no)
(no)_
[\mending Section 2(15-.'\4 ] .l)R RLlaling tlJ ~ctb:lck RL'lJuin:ml'm:>
Paget> of6
OF SU"
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
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Jorge Vera, Assistant City Manager ~
Priscilla Walker, CMC, Deputy City Clerk
December 19,2006
Approval of Setback and Building Separation Requirement Ordinance -
Medium-High Density Multifamily Residential Zoning District (RMF-2)
At its regular meeting of December 14, 2006, the City Commission adopted Ordinance No.
2006-271, which amended Section 265-34 of the Land Development Regulations by establishing
requirements for setbacks and building separation for the Medium-High Density Multifamily
Residential Zoning District (RMF-2). Additionally, the Local Planning Agency adopted LP A
Resolution No. 2006-39, which recommended said Ordinance.
Attached is a copy of the Ordinance and LP A Resolution.
Thank you.
:pw
Attachments
cc: A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Doug Haag, Assistant City Manager/Finance
Setback & Bldg Separation (Med-High Density Multifamily) Ord Trans Ltr
TO:
VIA:
FROM:
DATE:
RE:
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) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
A. John Szerlag, City Manager
Hans Ottinot, City AI/orney
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable Mayor and City Commission
A. John Szerlag, City Manager
..
Jorge Vera, Assistant City Manager ~
November 16, 2006--
Amendments to Land Development Regulations
RECOMMENDATION:
It is requested that the City Commission adopt the Ordinance.
REASONS:
Upon reviewing the Land Development Regulations (LDR) and the direction of the City
Commission the following are the amendments to the LDR. The changes occur to properties
abutting Collins Avenue and within the Town Center. The zoning districts affected are RMF-2
multiple family residence. This zoning district only occurs on a3 parcel at the South end of the City,
between 158 and 159 Street. The B-1 district is on the majority of the west side of Collins Avenue.
The other area is the Town Center between Sunny Isles Blvd to the South part of Winston Towers.
The Cultural and Educational zoning overlay between 178 Street and 185 Street.
The purpose for the modifications is to incorporate the building vertical setback for properties
abutting Collins Avenue to allow greater setbacks from the property line for the building as the as
the height increases. Additionally, 10 foot landscape easement has been incorporated within the
front setback for all properties abutting Collins Avenue. The building separation within the Town
Center has been modified in order to achieve a view corridor and prevent buildings to close
together.
Agenda Item Cl S.~
Date 1'- - } If ~ 0 ~