HomeMy WebLinkAboutOrdinance 2007-292
ORDINANCE NO. 2007- ~.'1 ~
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 $50,000 TO $72,000 IN
CERT AIN 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.
The following Sections of the City Code are hereby amended to read as follows:
Amendment to Section 265-34.
(8) Allowable increases in floor area ratio. The floor area 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 $72,000 $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 (2) years.
02007-_ Bonus Participation Unit Increase
Words underlined are added, words stfi€k<m are deleted.
Page I of 5
Amendment to Section 265-35.
[b] Beach access trust fund contribution. Unless waived by the City Commission
per Subsection D (9)( c) [I] [ a] herein above and provided that the beach access
easement has been proffered as set forth in Subsection D (9)(c) [I] [a], an
additional increase in F.A.R. of 0.05 shall 'be granted for each "participation unit"
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 $72,000 $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 (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 $72,000 $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
(2) years.
[3] Collins Avenue public streetscape enhancements bonus. The floor area ratio
shall be increased for developments that participate in the City's Collins Avenue
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
A venue 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
"participation unit" for the purpose of the Collins A venue streetscape
enhancement bonus shall be equal to $72,000 $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 (2) years.
02007-_ Bonus Participation Unit Increase
Words underlined are added, words stfi6kefI are deleted.
Page 2 of 5
[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 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 0.20 F.A.R.
bonus. A "participation unit" for the purpose of the public parking trust fund
bonus shall be equal to $72,000 $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 (2) years.
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
$72,000 $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 (2) years.
(c) Collins Avenue/Sunny Isles Boulevard public streetscape
enhancement bonus. The floor area ratio 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
02007-_ Bonus Participation Unit Increase
Words underlined are added, words ~ are deleted.
Page 3 of 5
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 $72,000 $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 (2) years.
Section 2. 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 3. 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 4. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 5. Effective Date. This Ordinance shall become effective ten (10) days after
adoption on second reading.
PASSED and ADOPTED on first reading the 15th day of November 2007.
PASSED and ADOPTED on second reading this , 3..J,..lot day of December 2007.
ATTEST:,
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Jane A. Hines, CMC, City Clerk
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02007-_ Bonus Participation Unit Increase
Words underlined are added, words stFH*eH are deleted,
Page 4 of 5
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VOTE:~-O
Mayor Norman S. Edelcup (yes) V
Vice Mayor Lewis J. Thaler (yes) V
Commissioner Roslyn Brezin (yes V
Commissioner Gerry Goodman (yes)V
Commissioner George "Bud" Scholl (yes) K
02007-_ Bonus Participation Unit Increase
Words underlined are added, words stFiekefl are deleted,
Page 5 of 5
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CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARING
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 heartng in the Sunny Isles Beach Government
Center, David P. Samson Commission Chambers, 18070 Coilins Avenue, Sunny Isles Beach, Fiorida,
on Thursday, December 13, 2007, at 7:30 p.m., to consider final adoption of the following proposed
Ordinance:
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 $50,000.00 TO
$72,000.00 IN CERTAIN ZONING DISTRICTS; PROViDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROViDING
FOR AN EFFECTIVE DATE.
Inquiries regarding this Item may be directed to the City Clerk at 305-947-0606, Caples of these
documents are available for public inspection during normal 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 writ-
Ing addressed to the City Commission c/o the City Clerk, City of Sunny Is!es Beach, 1B070 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
these matters 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 Oth-
erwise allowed by law,
In accordance with the Americans with Disabilities Act, all persons who are disabied and who need special
accommodations to participate in this meeting because of that disability should contact the City Manager at
t I ~~E5-947'0606, no iater than 4B hours prior to the proceedings; it hearing impaired, please telephone the m I A..
~ at 305-792-1590 tor assistance. :;:;;dJ
STATEMENTS
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City of Sunny Isles Beach
18070 Collins A venue
Sunny Isles Beach, Florida 33160
City CommissiOl
Norman S. Edelcup, Mayo.
Lewis J. Thaler" Vice Mayo.
Roslyn Brezin Commissione.
Gerry Goodman Commissione,
Danny Iglesias, Commissione,
(305) 947-0606 City Hall
(305) 792-1565 Fax
(305) 947-2150 Building Department
A. John Szerlag, City Manage,
Hans Ottinot, City AttorneJ
Jane A. Hines, City Clerl
MEMORANDUM
To: The Honorable Mayor and City Commission
Via: A. John Szerlag, City Manager
From: Jorge L. Vera, Assistant City Manager/ Service Division
Robert Solera Community Development Director
Elena Del Campillo, planning And Zoning Technician
Date: October 18,2007
Re: Increase to Bonus Participation Unit
In accordance with the City of Sunny Isles Beach Comprehensive Master Plan and the
Land Development Regulations staff is presenting to the City Commission for
discussion and consideration an increase to the dollar amount being collected under
the bonus system.
Since the implementation of the density and intensity bonus program in the Land
Development Regulations, the City has tracked the development, real estate costs and
the long term Capital Improvement Program. The associated costs of the Capital
Improvement Program together with the long term needs of the City; necessitates a
closer nexus between the current value of the bonus program and the increase in
property value and Capital Improvement Program.
In 2006, 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 increase for a bonus participation unit from $35,000
to $50,000. Since then, the City has been reviewing the bonus participation unit price
and it is apparent that the current value of the bonus participation unit is not keeping
Agenda Item CJ A
Date /d-13~07
Memorandum
August 28, 2007
Page 2
pace with the increase in cost of the square footage in development and construction
industry as well as increases in the capital improvement projects that the City has and
is currently undergoing at this time.
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 $50,000 to $72,000 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 together with Capital Improvement projects over the next 5
years.
The increase to the value of the bonus participation unit is still far less than the
current market value per square foot of property and/or construction. However, this
adjustment to the value of the bonus participation unit balances the nexus between
the approved and proposed projects and the cost of the bonus program.
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 I I 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
MEMORANDUM
Jorge L. Vera, Assistant City Manager/Services
Robert Solera, Community Development Director
Priscilla Walker, CMC, Deputy City Clerpw~
December 18, 2007
Bonus Participation Unit Price Increase Approval
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
At its regular meeting of December 13, 2007, the City Commission adopted Ordinance No,
2007-292, which increase the bonus participation unit price. Further, the Local Planning Agency
adopted LP A Resolution No. 2007-47, recommending said ordinance to the City Commission.
Attached is a copy of the approving legislation for your files.
/pw
Attachment
Bonus Participation Unit Price Increase Memo