HomeMy WebLinkAboutOrdinance 2006-272
ORDINANCE NO. 2006- ;:;1,:),
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING SECTIONS 265-36 AND 265-38 OF THE
LAND DEVELOPMENT REGULATIONS RELATING
TO NEIGHORHOOD BUSINESS DISTRICT (B-1) AND
CULTURAL AND EDUCATIONAL ZONING OVERLAY
DISTRICT (CED); 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 INCLUSION IN THE CODE;
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; and
WHEREAS, the City Commission believes that greater setbacks and building separation
along Collins Avenue will encourage the development of pedestrian friendly development along
Collins Avenue.
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 Oordinance
upon adoption hereof.
Section 2. Purpose and Intent. The purpose of this Ordinance is to encourage continuous
pedestrian paths and pedestrian mobility along Collins Avenue. The intent of this Ordinance is
to encourage greater setbacks and building separation along Collins A venue to promote the
development of pedestrian friendly environment.
Section 3. Amending Section 265-36. Section 265-36 of the Code of the City of Sunny Isles
Beach is amended to read as follows:
B. Uses permitted. No building or structure, or part thereof, within the district 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 chapter:
(I) All uses permitted in RMF -1 district.
Amending Sections 265.36 and 265-38
(2) Retail uses.
(3) Banks and financial institutions.
(4) Conservatories and music and dance schools.
(5) Health spas and studios.
(6) Hotels and apartment-hotels.
(7) Offices: business, medical and professional.
(8) Pet grooming and supplies with no kennels or overnight animal boarding.
(9) Restaurants and coffee houses or dining rooms with incidental sales of
alcoholic beverages.
(10) Religious facilities.
(11) Schools.
(12) Post office and self-service postal stores for walk-up trade.
(13) Telecommunication facilities.
C. Conditional Uses.
(1) Open, unenclosed display and sales of flowers, fruits and vegetables as an
accessory use to an adjacent established business housed in a permanent structure.
(2) Open, unenclosed display and sales of retail merchandise from pushcarts and
kiosks.
(3) Temporary public markets, festivals and special events limited to three
consecutive day periods.
(4) Bars, taverns, lounges provided that individual establishments shall not exceed
3,000 square feet in gross floor area. There shall be a three-hundred-foot distance
separation between any two such establishments. Bars, taverns, and lounges
located within a hotel and without direct grade-level exposure and access to the
building front setback area shall not be subject to the distance separation
requirement.
(5) Veterinarians and ancillary kennels fully enclosed.
Amending Sections 265-36 and 265-38
2
D. Uses Prohibited. The permitted uses listed in this district CED shall not be construed to
include, either as a principal or accessory use, any of the following:
(1) Adult entertainment as defined in Article II.
(2) Pawnshops.
E. Site Development Standards.
(I) Floor area ratio. Except as provided herein below, the maximum floor area ratio
WA.R.) 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 adopted Sunny Isles
Beach Comprehensive Plan.
(a) Enclosed parking bonus. The floor area ratiosF.A.R. shall be increased by
0.40 for developments that provide 75% or more of the required on-site parking in enclosed
structures that fully screen vehicles from exterior views.
(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.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
$5035,000 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.
(c) Collins Avenue/Sunny Isles Boulevard public streetscape enhancement bonus.
The floor area ratioF AR 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 $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.
(d) Site assembly bonus. For parcels over 20,000 square feet in area, the floor
area ratioF.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.
Amending Sections 265-36 and 265-38
3
(2) Maximum dwelling unit density. The maximum dwelling unit density shall be as
follows:
(a) Apartments. Except as modified in Subsection E(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 E(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 Dwelling unit density bonus. 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 9265-36E(l) of the City Code up to a maximum density of 80 dwelling units per acre.
(b) Affordable housing density bonus. The maximum dwelling unit density with
bonuses as provided in Subsection E(3)(a) above may increased by five unitsten (10) units per
acre to a 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.
(c) Apartment-Hotel density bonus. The maximum apartment-hotel unit density
may be increased by one unit per acre for each 0.02 increase in F.A.R. granted in accordance
with 9 265.36E(l) up to a maximum density of 125 units per acre.
(4) Maximum height buildings abutting Atlantic Boulevard.
(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-I 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 everyone foot of distance from the RMF district.
The maximum height shall not exceed 190 feet.
(b) Buildings abutting Collins A venue. The maximum height shall not exceed
190 feet. The height of a building shall be as follows.
Amending Sections 265.36 and 265-38
4
(i) For parcels with over 250 feet of depth, the maximum height for
the building shall be 50 feet (four stories) for the first 130 feet
setback from the front propertv line, 100 feet (eight stories) for the
next 100 feet. then 190 feet (19 stories).
(ii) For parcels between 150 feet and 250 feet of depth, the maximum
height for the building shall be 50 feet (four stories) for the first
100 feet setback from the front propertv line, then 190 feet (19
stories).
(iij) For parcels with less than 150 feet depth the maximum height for
the building shall be 50 feet (four stories) for the first 50 feet
setback from front propertv line, then 190 feet ( 19 stories).
(5) Lot coverage. The total lot coverage permitted for all buildings, including parking on
the site shall be 80%.
(6) Minimum setbacks.
(a) Front:
(i)
Minimum of25 feet for properties abutting Atlantic Blvd.
(ij)
Minimum of25 feet for properties abutting Collins Avenue and
which provides 15 feet of colonnade.
(iii)
Minimum of 40 feet for properties abutting Collins A venue and
which do not provide 15 feet of colonnade.
(b) Rear: Minimum of five feet, except that where the building abuts a residential
district and Atlantic Boulevard, the setback shall be 15 feet. The setback shall be 25 feet where
the building abuts Atlantic Boulevard. A minimum of 25 feet shall be required between
openings (store front. windows. sliding glass doors in buildings, except for enclosed garage.
Balconies mav encroach a maximum of 4 feet into the setback..
(c) Side: Minimum 10 feet, except that where the building abuts a residential
district, the setback shall be 15 feet. A minimum of 25 feet shall be required between openings
(store front. windows. sliding glass doors in buildings, except for enclosed garage. Balconies
mav encroach a maximum of 4 feet into the setback.
(7) Minimum lot width: 100 feet.
(8) 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.
(a) All properties abutting Collins Avenue shall provide a 10 foot easement
within the required front setback. The easement shall be dedicated to the Citv for the
Amending Sections 265-36 and 265-38
5
implementation of the Collins Avenue Streetscape Plan. The Citv shall use the easement to
increase the pedestrian walk paths. landscaping purposes. placement of utilitv wires and anv
other municipal purposes.
(9) Minimum lot area: 10,000 square feet.
(10) Building separation on separate parcels abutting Collins A venue. When there are
two towers located on different propertv. 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).
(a) When there are two or more towers on the same propertv. the building
separation shall be a minimum of 50 feet between towers.
(b) The maximum tower width shall be 200 feet.
Section 4. Amending Section 265-38. Section 265-38 of the Code of the City of Sunny Isles
Beach is amended to read as follows:
(4) Buildings abutting 185th Street. MaJdmlliR height. Except as provided below in Subsection
E(4)(a), the maximum height ofa 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 CEO. 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 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. Notwithstanding the
foregoing. sites that have a propertv line contiguous with an RMF -zoned propertv shall complv
with Section (4) above.
(b) Street-level pedestrian promenade bonus. An owner ofland adjacent to an
Rl, R-TH or RMFl zoned property may dedicate a public pedestrianway easement of not less
than 20 feet 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 !l 265-
36E(l) of the City Code.
Amending Sections 265.36 and 265-38
6
(c) Dedicated land. Land dedicated pursuant to Subsection E(4)(a) and (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.
(d) Building abutting Collins Avenue. Except as provided in Section E (4)(a)
above. the maximum height shall not exceed 190 feet. The maximum height of a building shall
be as follows:
ill For parcels with over 250 feet of depth, the maximum height for
the building shall be 50 feet (four stories) for the first 130 feet
setback from the front propertv line. 100 feet (eight stories) for the
next 100 feet. then 190 feet 09 stories).
@ For parcels between 150 feet and 250 feet of depth. the maximum
height for the building shall be 50 feet (four stories) for the first
100 feet setback from the front propertv line, for the remaining
dept of the parcel the building height permitted is 190 feet for a
maximum overall height of 19 stories).
(iii) For parcels with less than 150 feet dePth, the maximum height for
the building shall be 50 feet (four stories) for the first 50 feet
setback from front property line. then 190 feet (19 stories).
(5) Minimum setbacks.
(a) Front:
(i)
(ii)
Minimum of25 feet for properties abutting Atlantic Blvd.
Minimum of25 feet for properties abutting Collins Avenue and
which provides 15 feet of colonnade.
Minimum of 40 feet for properties abutting Collins A venue and
which do not provide 15 feet of colonnade.
(iii)
(b) Rear: Minimum of five feet, except where the building abuts a residential
district and Atlantic Boulevard, the setback shall be 15 feet. The setback shall be 25 feet where
the building abuts Atlantic Boulevard. A minimum of 25 feet shall be required between
openings (store front. windows, sliding glass doors in buildings. except for enclosed garage.
Balconies mav encroach a maximum of 4 feet into the setback.
(c) Side: Minimum 10 feet, except that where the building abuts a residential
district, the setback shall be 15 feet. A minimum of 25 feet shall be required between openings
(store front. windows, sliding glass doors in buildings. except for enclosed garage. Balconies
mav encroach a maximum of 4 feet into the setback.
(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.
Amending Sections 265-36 and 265-38
7
(a) All properties abutting Collins A venue shall provide a 10 foot easement
within the required front setback. The easement shall be dedicated to the Citv for the
implementation of the Collins Avenue Streetscaqe Plan. The Citv shall use the easement to
increase the pedestrian walk paths, landscaping purposes, placement of utility wires and anv
other municipal purposes.
(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.
(10) Building separation on separate parcels abutting Collins A venue. When there are two
towers located on different propertv, 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).
(a) When there are two or more towers on the same propertv, the building
separation shall be a minimum of 50 feet between towers.
(b) The maximum tower width shall be 200 feet.
Section 5. Zoning in Progress. 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 must 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 they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 7. 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 8. 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
TORs which transfers shall be accomplished in accordance with the terms of the ordinance in
effect at the time of said transfer.
Amending Sections 265.36 and 265-38
8
Section 9. Effective Date. This Ordinance shall become effective ten (10) days after
adoption on second reading.
PASSED and ADOPTED on first reading the Jl-.jJ.day of Nollt.....'ntv 2006.
PASSED and ADOPTED on second reading the ''''~ay of~2006.
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<\ ')all~A. IiineslCMC, City Clerk
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APPROV
AN
Attorney
Moved by: Cl)~w.,'Stltl~92... T(...L~<IM
Seconded by: V;,(f vYln-yOYL T~ I4-LfD
Vote: S-()
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
~Yes)
0Yes)
j,dY es)
j,dY es)
V(Y es)
_(No)
_(No)
_(No)
_(No)
_(No)
Amending Sections 265-36 and 265-38
9
OF SUN
TO:
FROM:
DATE:
City of Sunny Isles Beach
] 8070 Collins Avenue
Sunny Isles Beach, Florida 33] 60
(305) 947-0606 City Hall
(305) 949-3 I I 3 Fax
(305) 947-2150 Building Department
(305) 947-5 I 07 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 Cler;W~
December 19,2006
RE: Approval of Setback and Building Separation Requirement Ordinance -
Neighborhood Business District (B-1) & Cultural and Educational Zoning
Overlay District (CED)
At its regular meeting of December 14, 2006, the City Commission adopted Ordinance No.
2006-272, which amended Section 265-36 and 265-38 of the Land Development Regulations by
establishing requirements for setbacks and building separation for the Neighborhood Business
District (B-1) and Cultural and Educational Zoning Overlay District (CED). Additionally, the
Local Planning Agency adopted LP A Resolution No. 2006-40, 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 (Cultural & Education) 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 Attorney
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable Mayor and City Commission
A. John Szerlag, City Manager
Jorge Vera, Assistant City Managercj""
September 21, 2006
Amendments to Land Development Regulations
RECOMMENDATION:
It is requested that the City Commission adopt the Resolution.
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 or F ~
Date 1 2 - ) y . 0 ~