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Home My WebLink AboutOrdinance 2011-377 ORDINANCE NO. 2011-3TI AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265 "ZONING" INCLUDING SECTION 265-37 "TOWN CENTER ZONING DISTRICT" TO PROVIDE FOR TRANSFERRING BUILDING HEIGHTS WITHIN THE SUNNY ISLES BEACH BOULEVARD SOUTH EDGE STREET TYPE WITHIN THE TOWN CENTER DISTRICT; AND INCLUDING AMENDING SECTION 265-35 "MIXED USE - RESORT DISTRICT (MU-R)" TO MODIFY FLOOR AREA RATIO BONUSES, ESTABLISH FEDERAL AVIATION ADMINISTRATION RESTRICTIONS AS HEIGHT LIMITATIONS THEREIN, ADJUST INTERIOR SIDE SETBACKS FOR PARCELS 200 FEET OR MORE IN WIDTH, AND TO PERMIT CONNECTING BRIDGES BETWEEN CERT AIN ADJACENT PROPERTIES; AND INCLUDING AMENDING SECTION 265-23 "TRANSFERS OF DEVELOPMENT RIGHTS" TO ESTABLISH FEDERAL AVIATION ADMINISTRATION RESTRICTIONS AS THE HEIGHT LIMITATION FOR RECEIVING SITES; PROVIDING FOR ZONING IN PROGRESS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE AND APPLICABILITY. WHEREAS, the City desires to provide reasonable incentives for the redevelopment of property within the Sunny Isles Beach Boulevard South Edge of the Town Center district by the use of transfer of height within unified site plans and the use of floor area ratio bonuses, consistent with the public health, safety and welfare; and WHEREAS, modifications to the Mixed Use - Resort zoning district that increase the availability of floor area ratio bonuses, adjust interior side setbacks for parcels 200 feet or more in width, permit connecting bridges between certain adjacent properties and establish Federal Aviation Administration restrictions as the height limitation will help to encourage the redevelopment of property within the zoning district; and WHEREAS, the City finds that establishing height limitations for transfer of development rights receiving sites to be those resulting from Federal Aviation Administration height restrictions will further the use of the transfer of development rights program within the City; and WHEREAS, the City desires to amend the Zoning Code to accomplish the aforesaid objectives; and WHEREAS, the City finds it desirable establish zoning in progress so that the proposed Zoning Code changes shall apply to pending applications. Words added underlined, words stffilkeH deleted (ed) Page I of8 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. Amendment. Section 265-37 of the City Code is amended to read as follows: 9265-37. Town Center Zoning District. A. Purpose. The purpose of the Town Center District (TCD) is to provide for the use and development of properties within the area designated in the Sunny Isles Beach Comprehensive Plan as the Town Center in a manner consistent with the Community Vision Statement and the policies and objectives of the Future Land Use Element of the Comprehensive Plan. The intent is to foster land assemblage into development sites of greater than three acres in size to promote integrated mixed-use development; improved site and architectural design that promotes safe and active pedestrian environments; interrelated and compatible land uses that encourage regionally oriented business and activities serving the City of Sunny Isles Beach, tourist populations and surrounding communities; and the restriction of those uses and development patterns that are in conflict with these policies and objectives. * * * F. Site development standards. * * * (9) Maximum height: (a) The maximum height shall be based on street type as follows: [1] Sunny Isles Beach Boulevard South Edge: 190 feet. Maximum height may be increased by 10 feet, provided that the width of the building is decreased by two feet for everyone foot of additional height up to a maximum height of 200 feet. Building heights may be transferred among two or more buildings approved under a single unified site plan to allow height up to a maximum of 290 feet, provided that the average building height of all buildings does not exceed 200 feet, that the height of any building adiacent to Collins A venue shall not exceed 140 feet, that allowable floor area ratio and density under this section is not exceeded, and that the Commission finds that the resulting site plan is aesthetically compatible with properties within the Town Center Zoning District. The buildings may be approved in phases. * * * Summary Chart B. The chart below summarizes the parameters for the overall building construction of the II street frontage situations. Words added underl ined, words stfieIreH deleted (ed) Page 2 of8 Town Center Subdistrict: Building Massing by Street Type Street Building Elements Overall Elements Setbacks Typology Maximum Maximum Stories Heights I Pedestal Tower Penthouse (feet) Tower Penthouse from from Pedestal Tower (feet) (feet) Collins-Core n.a. n.a. n.a. 50 (4 stories) for the 105 100 Edge first 130-foot setback from property line, 100 (8 stories) for next 100 feet, then 170 (15 stories) Sunny Isles 3 min; n.a. n.a. 1902 25 0 Beach 5max or Boulevard South (max 50 290/140 adjacent to Edge ft. Collins Avenue3 height) Bayfront 1 mini 12 3 max 190 10 10 7max max Esplanade 3 mini 9 3max 160 20 15 5 max max Plaza 3 mini 9 3 max 160 20 15 5 max max Main Street 1 min; 7 2 max 140 15 15 5max max Neighborhood 1 mini 7 2 max 120 15 10 Park 4 max max Neighborhood 1 min; 6 2max 100 15 10 Street 3max max Side Street 1 mini 3 2 max 75 10 10 3 max max Alley Street 1 mini 3 2 max 75 5 10 3 max max Pas eo 1 miD; 3 2 max 75 5 10 3max max NOTES: Words added underl ined, words stfiGkeH deleted (ed) Page 3 of8 I Enclosed mechanical equipment shall be enclosed in a decorative manner. 2 Maximum height may be increased by 10 feet, provided that the width of the building is decreased by two feet for everyone foot of additional height up to a maximum height of 200 feet. 3 Maximum height of 290 feet for height transferred within a single unified site plan, except that the maximum height of buildings adiacent to Collins Avenue within such site plan is 140 feet. Section 3. Amendment. Section 265-35 of the City Code is amended to read as follows: ~ 265-35. Mixed Use - Resort District (MU-R). A. Purpose. The Mixed Use Resort (MU-R) District provides for high density residential development of multifamily dwellings at a maximum density of 80 dwelling units per acre, hotels, apartment hotels at 125 units per acre, retail goods and services, conference facilities, and entertainment activities consistent with the City's Comprehensive Plan Land Use Element and the corresponding Mixed Use - High Density/Resort land use category. The uses within this district shall be consistent with, but may be more restrictive than the Mixed Use - High Density/Resort category permitted uses. * * * D. Site development standards. * * * (2) Maximum height. (a) For single family and duplex, as in the R-1 and R- TH Districts respectively. (b) For all other structures, the maximum height shall be controlled by the minimum setbacks and the Federal Aviation Administration height restrictions. * * * (4) Minimum setbacks. * * * (c) Interior side setbacks/view corridors. [1] For parcels 200 feet or more in width: [ a] Primary structures. The minimum side setbacks for primary use structures exceeding 20 feet in height above grade shall be 50 feet. If side setbacks of different width are provided, the larger setback shall be provided on the side adjacent to the public beach access walkway or to provide for the greatest separation from buildings on adjacent sites. Where a parcel is no more than five percent (5%) greater than 200 feet in width, the minimum side setback shall be 20 feet. * * * Words added underlined, words stFiffieH deleted (ed) Page 4 of8 [31 Notwithstanding side setback restrictions of this paragraph D(4)(c), buildings on adjacent lots may be connected by an elevated pedestrian bridge in order to increase pedestrian accessibility to recreational or tourism facilities that are shared between the owners of the adiacent lots, where the City Commission has determined that ocean views are sufficiently preserved, the bridge does not interfere with a beach access walkway, the bridge functions as part of an integrated design with the buildings on the adjacent lots, and the use and maintenance of the bridge is adequately provided for between the owners of the adjacent lots. * * * (7) Maximum building height. Maximum building height shall be controlled by & 265- 35D(2) regarding maximum height, S 265-35D(4), regarding setbacks and view corridors, and S 265-35D(9), Fffief regarding floor area ratio. * * * (9) Floor area ratio. * * * (c) Floor area ratio bonuses. The maximum floor area ratio permitted may be increased only in accordance with the following provisions and limitations and in conformance with the allowable limits set under the adopted Sunny Isles Beach Comprehensive Master Plan. * * * [2] Public beach recreationsal 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 ~ 0.60 F.A.R. bonus. A participation unit, for the purpose of the beach recreational enhancement bonus, shall be equal to $72,000 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. [3] Collins Avenue public streetscape 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 Words added underlined, words stfiGkefl deleted (ed) Page 5 of8 each participation unit contributed to the capital improvement fund designated for beach enhancements up to a maximum additional ~ 0.60 F.A.R. bonus. A participation unit, for the purpose of the Collins A venue streetscape enhancement bonus, shall be equal to $72,000 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. * * * [61 Educational and cultural infrastructure bonus. The floor area ratio shall be increased for developments that participate in the Citv's Educational and Cultural Infrastructure Trust Fund as established and administered by the City for the purposes of implementing public educational and infrastructure 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 public educational and cultural capital improvements up to a maximum additional 0.20 F.A.R. bonus. A participation unit, for the purpose of the educational and cultural infrastructure bonus, shall be equal to $72,000 and mav be adiusted 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. Section 4. Amendment. Section 265-23 of the City Code is amended to read as follows: S 265-23. Transfers of development rights; definitions. * * * D. Establishment of receiver sites. (1) Eligible receiver sites. All property within the Town Center, the Business District abutting Collins Avenue and the Mixed Use High-Density/Resort Zoning Districts are herewith established as receiver sites. receiver sites (a) may be developed as otherwise permitted by the Land Development Regulations, as may be amended from time to time, in combination with the development rights available to the site, provided that the overall density achieved is consistent with, and does not exceed, the overall density and intensity allowable by the Comprehensive Plan and subject to S 265-23D(2) hereinbelow. If an approval was granted prior to the adoption of this section, pursuant to which a permit has been issued, that site shall not be available as a receiver site, unless the prior approval is revoked or abandoned by the applicant and a new development order is secured hereunder. (2) Development limitations upon receiving sites. * * * (f) In no event shall a site plan on a receiver site be approved with any structure Words added underlined, words stfiekoo deleted (ed) Page 6 of8 exceeding 550 feet III height the height restrictions of the Federal Aviation Administration. Section 5. Zoning in Progress. The City hereby declares zoning in progress. All applications for development approval filed prior to the date of adoption of this Ordinance and not yet acted upon by the Commission shall be reviewed and approved pursuant to the provisions of this Ordinance. Section 6. 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, clause, 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. Section 9. Effective Date and Applicability. This Ordinance shall be effective upon adoption on second reading. PASSED and ADOPTED on first reading the ~C)'""' day of Of" ~()A~ 2011. PASSED and ADOPTED on second reading the n+.b day oftJollf.J\'\~ 2011. \ \ , . \ , \ ~, . ) ATTEST: : 'z. ~~' \ '. : I ~ ,'" ~~.t\~~ Jant A. Hines?'SMC, City Clerk '. '." "" ., ! { '1 . ....~'J.. ,~ ' .;..._t1 :.)1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Words added underlined, words stfiGkeH deleted (ed) Page 7 of8 Vote: t;;-o Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl Words added underlined, words stffiJkeIl deleted (ed) (' . . Moved by: .T'\~"';'t ~ ~t..L\ 0 A.J Seconded by: Cn~ <;<..~t)l_L --1L (Yes) ~(Yes) ~(Y es) V (Yes) V (Yes) _(No) _(No) (No) _(No) _(No) Page 8 of8 C .....0 < 0: UJ x i: < i: UJ X I- E o u -d ro Q; I .E '" ~ w Z ::I:~ (.)Z c::c- Wa: CCc::c (/)W W::l: .....(.) (/)- - ..... >-CC z::::;) zc.. ::::;) LL. (/)0 LL. 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Preview Page 2 of3 the following additional bonuses to promote development in the City: FAR TABLE CURRENT BONUSES FAR FOR CURRENT FAR FOR PROPOSED BONUSES NEW BONUSES Beach Access .1 .1 Beach Trust Fund .2 .2 Beach Enhancement .5 .6 Streetscape .3 .6 Public Park .2 .2 Parking .2 .2 Educational & Cultural 0 .2 Bonuses Total Bonuses 1.5 2.1 Base FAR 2.5 2.5 Maximum FAR without 4.0 4.6 TDRs Illustration According to the table above, under the current bonus system, a project can achieve a maximum FAR of 4.0. Under the proposed bonus system, a project can achieve a maximum FAR of 4.6. The maximum FAR can also be increased by 30% via the purchase of Transfer of Development Rights ("TDRs"). With the purchase of TDRs, the maximum FAR under the current system is 5.2 (4.0 x 30%), whereas under the proposed bonus system the maximum FAR will be 5.98 (4.6 x 30%). To illustrate how the maximum FAR is translated to square footage, we can use a typical one (1) acre site as an example. An acre is equal to 43,560 square feet. Under the current FAR system, a developer is entitled to build 226,512 (5.2 x 43,560) square feet within the site. Similarly, under the proposed FAR system, a developer with a one (1) acre site will be able to build 260,488 (5.98 x 43,560) square feet within the lot. It is important to note that FAR does not increase the number of units, but the size of the units in MUR District. The Comprehensive Plan caps density for condominiums in the MUR at 80 units per acre, and 125 units per acre for Apartment/Hotel. It is important to note that the bonus program has generated for the City an average of $1 Million Dollars per project based on historical data. Additional Revisions for MUR_DisJr:icJ In addition to the revisions to the bonus program, the proposed Ordinance provides for height restriction to be governed by Federal Aviation Administration ("FAA") regulations. These regulations have governed height of buildings on the east side. The revision is merely to make the Code consistent with past practice. Further, the proposed Ordinance provides for an elevated connecting pedestrian bridge between adjacent development projects that have a commonality of interest. Revisions to Town Center Distric:t http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=636&MeetingID=O&MeetingDate... 11/9/2011 - Preview Page 3 of3 The proposed Ordinance would permit the transfer of building heights within the Sunny Isles Beach Boulevard South Edge among two or more buildings approved under a single unified site plan, to allow height up to a maximum of 290 feet, provided that the average building height of all buildings does not exceed 200 feet, and that height adjacent to Collins Avenue is limited to 140 feet. Permitted density and intensity cannot be increased as result of transfer of building heights. Revisiontlo_TDRs Ordinance Lastly, the proposed Ordinance would provide that building height for receiving sites be controlled by FAA regulations to ensure consistency with other provisions of the Zoning Code. /attachment HO/jb A TT ACHMENTS: . LP A Resolution . Proposed Zoning Code Changes . Ordinance . Notice of Public Hearing http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=63 6&MeetingID=0&MeetingDate... 11/9/20 II C>~~ ._?ticw~:t !!}etd!Jd~ ,9 ~ ,(/' W ca w JYt74'tcj/' 0, J'aoud boy, _!1JP,-e06 !J2!r:crL,J6'-/ cfgtf" gcftJ..J' October 13, 2011 Mr. Hans Ottinot City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Proposed Zoning Code Changes Dear Mr. Ottinot: You have asked us to advise you as to whether certain proposed amendments to City's Zoning code are consistent with the City Comprehensive Plan and Florida law. Four amendments are proposed. First, an amendment to the Town Center District would allow the transfer of building heights within the Sunny Isles Beach Boulevard South Edge among two or more buildings approved under a single unified site plan, to allow height up to a maximum of 290 feet, provided that the average building height of all buildi~gs does not exceed 200 feet, that height adjacent to Collins Avenue-is limited to 140 feet, that allowable floor area ratio and density under the district regulations is not exceeded, and that the City Commission finds that the resulting site plan is aesthetically compatible with properties within the Town Center Zoning District. Second, floor area ratio bonuses in the Mixed Use - Resort zoning district would be increased for streetscape improvements and public beach recreational enhancements, and a new educational and cultural infrastructure floor area ratio bonus is added. Third, an amendment would allow a connecting bridge between buildings on adjacent properties under certain circumstances in the Mixed Use - Resort zoning district. Finally, the Code would limit building height in the receiving districts of the transfer of development rights (TDR) program, and in the in the Mixed Use - Resort zoning district to that required by Federal Aviation Administration (FAA) regulations. We have reviewed the City of Sunny Isles Beach 2007 Comprehensive Plan, as amended by the Evaluation and Appraisal Report-based Amendments. Nothing contained in the Plan would prohibit the proposed revisions to the City Code. In regard to the changes In the Town Center future land use designation, the area is encouraged by the Plan to become "the hub for future urban development intensification around which a more compact and efficient urban structure will evolve." The Plan further provides that the Town Center "should be intensively developed to assure a critical mass of activity, retail selection, range of services and a resident and employment population to support, in part, such goods and services and create a destination draw for surrounding market populations." The transfer of height within the Sunny t:l:tc 9nco6l- gha" -/,9tJtJ ~ko' 3aa/ ,~e~2.9~ !!iJoca- ,!7Pu&",,- ,~u~.J'J?J'-/ Y::I'#mw,- 50-/ ef'glJ' 2cf'tJC .%aJe;'m~ - ,?'o-/ ,5'1Jo'2(Y2cf' - Mr. Hans Ottinot October 13, 2011 Page 2 of2 Isles Beach Boulevard South Edge supports these Plan policies. Additionally, there is nothing in Florida law that would prohibit such a code provision for the transfer of height within a zoning district. The Plan specifically allows for bonus Floor Area Ratio intensity within the Mixed Use - Resort/High Density land use category "for developments that comply with bonus program requirements." No numerical restriction is placed by the Plan on the bonus FAR intensity, nor are limitations placed on height. The bonuses are consistent with Plan policies which seek to encourage redevelopment and the enhancement of public amenities, and are not prohibited by public law. The changes to the zoning code to limit height in TOR receiver sites and generally in the Mixed Use - Resort zoning district to the height restrictions of the Federal Aviation Administration regulations is not inconsistent with the Plan's policies regarding transfer of development rights or the Mixed Use - Resort/High Density land use category. The amendments are not prohibited by public law but instead are obviously consistent with the federal regulations. Finally, nothing in the Plan prohibits the use of a connecting bridge between certain adjacent properties in the Mixed Use - Resort zoning district. To the extent that such a bridge may assist in the revitalization and redevelopment of properties along the beachfront, it helps to implement Plan policies. Please do not hesitate to call if you have any questions or concerns. Very truly yours, bLttAu-a- 6. ~ Nancy E. Stroud NES/js ~Q~ ~O&d(/ !!/kNvtJ&~ 1/2 -) ') J Nancy E. Stroud Lewis, Stroud & Deutsch, P.L. Ms. Stroud is a founding member of Lewis, Stroud & Deutsch P .L., where she directs the firm's land use practice. Ms. Stroud was awarded both a master's degree in regional planning and a law degree from the University of North Carolina in 1978. She graduated cum laude with a B.A. in sociology from Indiana University, where she was Phi Beta Kappa. Ms. Stroud has been a member of the Florida Bar since 1979. She is also a member of the American Institute of Certified Planners. Prior to forming Lewis, Stroud & Deutsch, Ms. Stroud directed the Municipal Land Use Group for five years at the law firm of Weiss, Serota, Helfman, Pastoriza, Cole & Boniske. Ms. Stroud has special expertise in growth management law, including all aspects of planning, zoning, development agreements, and redevelopment. She has extensive experience in the drafting of land development regulations and community plans, as well as the regulation of large scale development. She is also skilled in land use litigation and appellate practice, both in state and federal court. She has served as an adjunct professor of growth management law at Florida Atlantic University. She regularly lectures and publishes on land use topics for professional and lay organizations both on the state and national levels. RECENT PROFESSIONAL SEMINARS AND PRESENTATIONS American Bar Association, Real Estate and Probate Section Annual Conference. Speaker, "Land Use Law and Disaster Preparedness" (San Diego, 2006). American Planning Association, Annual Conference, Planning Commissioners Workshop. Panel Speaker, "Ethics for Planning Cornri1issioners" (San Antonio, 2006). Washington University School of Law Conference on "Planning Reform in the New Century." Commentator and Author, "The Role of the Comprehensive Plan" (St. Louis, 2005). American Law Institute-American Bar Association Course of Study, Inverse Condemnation and Related Government Liability Conference. Speaker, "Development Exactions and Regulatory Takings - Do Monetary and Legislative Exactions Get Less Takings Clause Scrutiny than Real Property and Ad Hoc Exactions?" (Washington D.C., 2004). Georgetown University Litigating Regulatory Takings Claims Conference. Faculty, "Takings Challenges to Conditions, Exactions and Fees" (Coral Gables, 2001). Cornell University. Stein and Schools Lecture Series: Policy, Planning & Design for a 21 st Century Public Education System. Lecturer, "School Concurrency: Lessons Learned from Broward County, Florichj." (Ithaca, 2000). - " ; --) i SELECTED PUBLICATIONS "Twenty Years Later: Three Perspectives on the Evolution of Florida's 1985 Growth Management Act," 58 Planning & Environmental Law 1 (July 2006). "Commentary: The Role of the Comprehensive Plan," Planning Reform in the New Century (APA Press 2005). Planning and Control of Land Development: Cases and Materials (6th ed. 2005) (co- author with Daniel Mandelker, John Payne and Peter Salsich). City, County and Local Government Law Section of the Florida Bar, The Agenda. "Development Exactions and Regulatory Takings" (August 2004). "And the Walls Came Tumbling Down," 54 Land Use Law & Zoning Digest 3 (September 2002). (Re: Pinecrest Lakes, Inc. v. Shidel). "East Bay Asian Local Development Corporation v. State of California. To What Extent May Religious Uses Be Constitutionally Exempt from Historic Landmark Regulations?" 53 Land Use Law & Zoning Digest 99 (May 2001). "Some Concluding Thoughts on the Effect of the First Amendment in Land Use Law," in Protecting Free Soeech and Expression (Daniel R. Mandelker and Rebecca L. Rubin, eds., Section of State and Local Government Law, American Bar Association, 2001). "Del Monte Dunes v. City of Monterey: How Far Does It Limit 'Rough Proportionality' Analysis in Land Use Cases?" 14 Probate & Prooerty 6 (Sept./Oct. 2000). "Florida's Private Property Rights Act-- What Will It Mean for Florida's Future?" 20 Nova Law Review 684 (1996) (with Thomas G. Wright). "Defensible Exactions After Nol/an v. California Coastal Commission and Dolan v. City of Tigard," XXV Stetson Law Review Local Government Law Symposium 719 (1996) (with Susan L. Trevarthen). PROFESSIONAL ACTIVITIES American Planning Association. Amicus Curiae Committee. Member. (1994 to present). Member, Urban Land Institute Committee For Regional Cooperation. (2004-2005). Treasure Coast Regional Planning Council. Board Member, appointed by Governor Chiles. (1996 to 1999). 2 WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. MITCHELL BIERMAN, P.A. NINA L. BONISKE, P.A. MITCHELL.J. BURNSTEIN, P.A. .JAMIE ALAN COLE, P.A. STE:PHEN .J. HELF'MAN, P.A. GILBERTO PASTORlZA, P.A. MICHAEL S. POPOK, P.A. .JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD .JAY WEISS, P.A. DAVID M. WOLPIN, P.A. ATTORNEYS AT LAW "OF' COUNSEL LILLIAN M. ARANGO SARA E. AULISIO BROOKE P. DOLARA RAQUEL ELE.JABARRIETA CHAD S. FRIEDMAN OLIVER GILBERT" ERIC P. HOCKMAN HARLENE SILVERN KENNEDY" KAREN LIEBERMAN" .JOHANNA M. LUNDGREN ALE IDA MART[NEZ MOLINA" KATHRYN M. MEHAF'F'EY MATTHEW PEARL TIMOTHY M. RAVICH' AMY .J. SANTIAGO DANIEL A. SEIGEL GAIL D. SEROTA. .JONATHAN C. SHAM RES ESTRELLITA S. SIBILA ALISON F'. SMITH ANTHONY C. SOROKA EDUARDO M. SOTO JOANNA G. THOMSON MICHELLE O. VOS PETER D. WALDMAN" JAMES E. WHITE SAMUEL I. ZESKIND A PROF'ESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROF'ESSIONAL ASSOCIATIONS MIAMI-DADE OFF'ICE: 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 DANIEL L. ABBOTT GARY L. BROWN .JONATHAN M. COHEN IGNACIO G. DE:L VALLE JEF'F'REY D. DECARLO ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSHUA D. KRUT MATTHEW H. MANDEL ALEXANDER L. PALENZUELA-MAURI ANTHONY L. RECIO BRETT .I. SCHNEIDER CLIFFORD A. SCHULMAN LAURA K. WENDELl. TELEPHONE 305-854-0800 FACSIMILE 305-854-2323 WWW.WSH-LAW.COM BROWARD OP'P'ICE <:00 EAST BROWARD BOULEVARD. SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 " l'"ACSIMll.E 954-764-7770 October 13, 2011 VIA E-MAIL & U.S. MAIL Mr. Alan J. Cohen, City Manager Office of the City Manager City of Sunny Isles Beach 18070 Collins Avenue Swmy Isles Beach, FL 33160 Re: Mansions at Acqualina-Request f~r Zoning Modifications Dear Mr. Cohen: This office represents LPLA Partners, LP, the beneficial owner of the parcel of property formerly known as La Playa De Veradero III Motel Condominium and located at 17749 Collins Avenue, in Swmy Isles Beach. LPLA Partners is a special purpose entity created under the umbrella of the Trump Group of companies, the original developer and present operator of Acqualina Ocean Residences & Resort. My client is fortunate to have the opportunity to develop this now vacant site in a manner that is hannonious and integrated into Acqualina, such that it will be marketed under the name "The Mansions at Acqualina". LPLA's architects are hard at work designing the new Project, having already submitted, for site plan review, its planned sales center, which is anticipated to be fully operational in early January, 2012 LPLA's preliminary plans are to construct a super-luxury condominium building that will . be approximately 48 stories (approximately 660 feet in height) containing a total of 80 units housed on 44 floors, the majority of which will consist of only two units of approximately 4,000 square feet each, and the balance of which will be located on eight penthouse floors, each containing one unit of approximately 7,800 square feet and its own outdoor pooL It is also Mr. Alan J. Cohen, City Manager, City of Sunny Isles Beach October 13,2011 Page 2 contemplated that "The Mansions will be physically connected to the lobby level of Acqualina via a sky bridge, so that residents of The Mansions may share in many of the amenities of the , Resort. During the design phase, however, we've noted several provisions of the City's Land Development regulations that would render the Project infeasible and unbuildable. Accordingly, we respectfully request that the City review and revise certain of these provisions, as follows: 1. Height Restrictions: The City's height limitations in the MU-R district were written at a time when height was limited to 550 feet pursuant to certain regulations enacted for the protection of airspace by the Federal Aviation Administration. In fact, at first, the City Commission did not want any height limitation in this district. However, pursuant to Federal limitations, the maximum height was set at the 550 feet level. Those regulations have now been changed so that new developments to be constructed in certain areas of Sunny Isles Beach, can now be built as high as 1,400 feet, with the great majority of such , developments being limited to 1,200 feet. Of course, I Understand that .the ,foregoing does not m~an that buildings 'can~: should or will be built (in the City) up to those maximum heights in that the actual height of LPLA's proposed Project and any other building is limited by the size of the applicable lot and its setback requirements and density and intensity limitations. However, it does, in fact mean that greater heights, when approved by the Commission during site plan review, are now possible which, in our opinion, will also help make the skyline of the City even more varied and interesting. Accordingly, we request that such' existing height limitation of 550 feet be revisited. 2. Interconnection: The proposed sky bridge integrating The Mansions with Acqualipa R~sort, will be a Unique amenity to the City and will allow covered access to our new, Sunny' Isles, Beach. citizens. However, due to. setback limitations in the' LDRs~ such interconnection would not be permitted. We believe such a connection would add distinction to LPLA's, and/or any other project, and should be permitted as long as the connection is elevated so as' to leave an unobstructed view from the street side to the beach. Our proposed sky bridge is planned to' start at an elevation of +22, or approximately 16 feet. above the sidewalk. Moreover, the sides of the sky bridge would remain open with only a roof coveripg. Thus, the open'views would be preserved. In addition, the sky bridge is not planned for the side of the building where the Proj ect' s beach access easement will be provided. Accordingly, it is. respectfully requested that you consider an exception to the setback limitations to allow such a unique amenity to be created. WEISS SEROTA HELFMAN PAST?:R1':zACOLli:.'.& B?~I!5~E:;:P.L. . ' Mr. Alan J. Cohen, City Manager, City of Sunny Isles Beach. October 13, 2011 Page 3 3. Intensity atld Densit'{: While the.Project's density is well below what is permitted in this District (36 du/acre, in contrast to a normal apartment development which can be constructed at 50 du/acre, and an apartment hotel which can be constructed at 100 du/acre, both without bonuses), we believe that true luxury apartments call for the larger type units we are planning and; as a result, we may exceed the presently permitted F.A.R. limitations. With the proposed increased height, we also believe the City should revisit the bonus allocations in the LDRs to allow these larger, luxury unit projeCts to be constructed. We would ~ppreciate you favorable considerations to these issues and look forward to adding another diamond project to Florida's Riviera. v~su Clifford A. Schulman CAS/msr 2214.001 cc: Hans Ottinot, Esq. ! i I i, WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. MITCHELL BIERMAN, P.A. NINA L. BONISKE, P.A. MITCHELL J. I!URNSTEIN, P.A. JAMIE ALAN COLE, P.A. STEPHEN J. HELFMAN, P.A. GILBERTO PASTORIZA, P.A. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A. ATTORNEYS AT LAW 'OF COUNSEL LILLIAN M. ARANGO SARA E. AULISIO BROOKE P. DOLARA RAOUEL ELEJABARRIETA CHAD S. FRIEDMAN DLlVER GILBERT' ERIC P. HOCKMAN HARLENE SILVERN KEN NEDY' KAREN LIE:BE:RMAN" JOHANNA M. LUNDGREN ALEIDA MARTINE't MOLINA" KATHRYN M. MEHAFFE:Y MATTHEW PEARL TIMOTHY M. RAVICH' AMY J. SANTIAGO DANIE:L A. SEIGEL GAIL D. SEROTA' JONATHAN C. SHAM RES ESTRELLITA S. SIBILA ALISON F. SMITH ANTHONY C. SOROKA EDUARDO M. SOTO JOANNA G. THOMSON MICHELLE D. VOS PETER D. WALDMAN" JAMES E. WHITE SAMUEL I. zo;SKIND A PROFESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SU ITE 700 CORAL GABLES, FLORIDA 33134 DANIEL L. ABBOTT GARY L. BROWN JONATHAN M. COHE:N IGNACIO G. DEL VALLE JE:FFREY D. DE:CARLO ALAN L. GABRIEL DOUGLAS R. GONZALES E:DWARO G. GUEDES JOSHUA D. KRUT MATTHEW H. MANDEL ALEXANDER L. PALENZUELA-MAURI ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN LAURA K. WENDELL TELEPHONE 305-854-0800 FACSIMILE: 305,854-2323 WWW.WSH-LAW.COM BROWARO OFFICE 200 EAST BROWARD BOULEVARD' SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPI'iONE 964-763-4242 . FACSIMILE 964-764-7770 October 6, 2011 Hans Ottinot, City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: St. Tropez ill and Sunny Isles Beach Boulevard South Edge Zoning Dear Mr. Ottinot: This office represents the owners of three parcels of property 1 adjacent and contiguous to the properties known as St. Tropez I & II and are controlled by Jose Milton & Associates_ The properties are adjacent and contiguous to the existing buildings known as "St. Tropez". The eastern-most parcel is part of St. Tropez II but is as yet undeveloped. The remaining two parcels are located directly west of the existing St. Tropez buildings and just east of the Miami-Dade County sewer pump station. We are in the process of planning for the development/redevelopment of these parcels. In so doing, we have reviewed the existing provisions of the City's Land Development Regulations ("LDRs") regarding standards and limitations on development in what is labeled as the "Sunny Isles Beach Boulevard South Edge" ("South Edge"). We respectfully believe and would suggest that certain provisions of those regulations should be reviewed and modified so that this area of Sunny Isles Beach can have the same type of architectural distinction as do the other high-rise portions of the City, and particularly the areas in the M-UR zoning district. St. Tropez II, LLC; St. Tropez III, LLC; and Town Centre Developmental Property, LLC. Hans Ottinot, City Attorney October 6,2011 Page 2 The existing height limitations on the South Edge has resulted in three beautiful but monolithic and uniform buildings of identical heights. This results from the height limitations in the South Edge district which presently state: ~ 265-37. Town Center Zoning Distinct. F. Site Development standards (9)(a) The Maximum height shall be based on the street type as follows: [1] Sunny Isles Beach Boulevard South Edge: 190 feet. Maximmn height may be increased by 10 feet, provided that the width of the building is decreased by two feet for everyone foot of additional height up to a maximum height of 200 feet. Essentially, a 200 foot height limitation exists for all buildings within this portion of the district. However, a mere observation of the development that has taken place and which is planned to take place on the east side. of Collins Avenue shows a varied and architecturally interesting skyline. While there is a uniform height limitation of 550' in that district, lot size and other LDR requirements have resulted in 550' buildings, such as Acqualina and scaling down to the s~allest 100' buildings, approved under the previous Miami-Dade County Code, such as Florida Club. Similar height variations exist in the skylines of the City of Miami, Miami Beach . and A ventura. In architectural parlance; such variations in design make a skyline interesting and "whimsical". A uniform and unyielding height limitation has the strong tendency to make the skyline,architecturally."boring". We believe and submit that.a small modification in the LDRs for the. South Edge coUld result in a much more aesthetically pleasing skyline and without any adverse impact on the density or intensity of the development planned for the South Edge. As noted, my client has the benefit of owning or controlling much of the land left for development on the South Edge and has been proceeding with a phased development of its properties. . As such, it has the ability to move and transfer height, density and intensity permitted on its South Edge properties withqut any increase in over-all density or intensity impacts to the City. We would suggest that phased development projects that consist of adjacent and contiguous parcels on the South Edge be allowed to lower height for a parcel .or parcels and increase height on other parcel or parcels, as long as: there is no increase in overall permitted density and intensity for the phased project; as long as the height increase is such that the highest point of any new building is not any higher than the Oceania Towers, located to the south; and as long as-there is a reduction in height for other parcells that are part of the phased development. WEISSS'EROTA HEi'FMAN PA.STORIZA. COLE & B9NISKE, P.L. Hans Ottinot, City Attorney October 6, 2011 P~g,e 3 . , . Thus,' as' aD. . example, the' easteni-m:ostparcel of the St. Tropez II proj ect is presently approved for a height of 200'. 'oUr tentative design' could allow us to lower the height of the parcel closest to Collins A venue to 150', with less of a visual impact on that heavily traffic thoroughfare. The three existing St: Ttopez Towers would, of course, remain at their present height of 200' . The two remaining towers planned for the western-most parcels could then be built at a height of 300' (24 feet lower than Oceania Towers). This would create a "step down" architectural design that is varied and similar to the height difference shown in one of our earlier projects, Pinnacle,whichhas received much citizen and architectural praise. , The required modifications to the LDRs would be minimal. These would include the following: & 265.,37. Town Center Zoning Distinct. G. Site Development standards i ! I (9)(a) The Maximum height shall ~e based on the street type'as follows: , ' [1] Sunny Isles Beach Boulevard South Edge: 190 feet. Maximum height may be increased by 10 feet, provided that the width of the building is decreased .by two feet for everyone foot of additional height up to a maximum height of200 feet. .. For phased developments with adiacent and contiguous parcels within the Sunny Isles Beach Boulevard South Edge, the unused. development .rights of each phase may be shifted to buildings. in other phases within the development to allow additional height. For such phased developments, the maximum height of 300 feet may be permitted, provided that the allowable floor area ratio density forth~ entire develo{)ment is not exceeded. In addition, Summary Chart '.'B" of the LDRs s~ould be changed to show under overall height as "190 or 300 feet, vvith a footnote after the 300' that indicated that this is the "Maximum height for a phased development, pursuant to Section265-37 (G)(9)(a)(1)". Again, we believe and submit that such changes would inure to the benefit of the City ahd would make the South Edge a visually interesting entrance to the Florida Rivera. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Hans Ottinot, City Attorney October 6, 2011 Page 4 We look forward to working with you on this matter. CAS/msr 1466.008 cc: Mr. Alan 1. Cohen, City Manager Mr. Joe Milton WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. Preview Page 1 of 3 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 11/17/2011 RE: Amendment to Section 265-37, 265-35 and, 265-23 of the Zoning Code RECOMMENDA TION: This Ordinance is presented for your consideration. REASONS: As you know, there has not been any major development project in the City for at least three (3) years due to the crash of the real estate market. Recently, several Developers have informed staff that the market for hi-rise luxury condominiums is starting to pick- up. To restart development in the City, several developers have requested modifications of the City's Zoning Code to create reasonable development incentives. The purpose of the attached Ordinance is provided for development incentives: Revisions to MUR District The MUR District which is primarily the east side of Collins Avenue has been the major redevelopment area in the City since its incorporation. The City's Comprehensive Plan provides the development parameters for the development of projects on the east side of Collins Avenue. In other words, the projects must be consistent with the density and intensity guidelines provided by the Comprehensive Plan. Under the Comprehensive Plan, development projects in the MUR district are provided with a base Floor Area Ratio ("FAR") of 2.5. In simplistic term, FAR is the total square feet within a building. As an incentive to develop the east side of Collins Avenue, the Comprehensive Plan provides for the grant of additional FAR through a bonus program created under the Zoning Code. Under the bonus program in the Zoning Code, development projects may increase their FAR by 1.5 if the projects meet the requirements of the bonus program. These requirements may be satisfied by providing on site amenities like a beach access or cash contributions to the City. The cash contributions are calculated by the Zoning Department on a per numerical unit price of $72,000. The proposed Ordinance will create http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=63 6&MeetingID=0&MeetingDate... 1119/2011