HomeMy WebLinkAboutOrdinance 2012-381
ORDINANCE NO. 2012- 3<2> l
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING
SECTIONS 265-34, 265-35, 265-36 AND 265-38 OF THE
ZONING CODE TO CORRECT A SCRIVENER ERROR;
PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, it has been determined that the bonus system needs to be amended to
correct a scrivener's error regarding the calculation of price of participation units; and
WHEREAS, the City Commission wishes to amend the bonus system to correct the
scrivener's error.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Amendment to Section 265-34.
D. Site development standards.
(8) Allowable increases in floor area ration. 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 streets cape 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, which 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 and may be adjusted from time to time by
the City Commission pursuant to a recommendation by the City Manager.
The cost of a participation unit shall be determined by the amount of
participation units purchased at the unit price multiplied by the total
number of acres contained in the subiect parcel. Additionally, the City
Manager and/or his designee shall review the bonus participation unit
price set forth herein every two years.
Ordinance Amending Sections 265-34, 35, 36 and 38
1
Words underlined are added, words ~ are deleted.
Section 2.
Amendment to Section 265-35.
(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.
[1] Beach access bonus. Subsection D(9)(c)[1][a], Access easement, set forth
herein below, as specifically defined in S 265-35D(8) hereinabove, must
be attained to qualify for any additional floor area ratio bonuses as
provided in this section.
[b] Beach access trust fund contribution. Unless waived by the City
Commission per Subsection D (9)(c)[1][a] herein above and
provided that the beach access easement has been proffered as set
forth in Subsection D (9)(c)[1][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 and may be adjusted from time to time by the City
Commission pursuant to a recommendation by the City Manager.
The cost of a participation unit shall be determined by the amount
of participation units purchased at the unit price multiplied by the
total number of acres contained in the subiect parcel. Additionally,
the City Manager and/or his designee shall review the bonus
participation unit price set forth herein every two 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
Ordinance Amending Sections 265-34, 35, 36 and 38
2
Words underlined are added, words ~ are deleted.
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 and may be
adjusted from time to time by the City Commission pursuant to a
recommendation by the City Manager. The cost of a participation unit
shall be determined by the amount of participation units purchased at the
unit price multiplied by the total number of acres contained in the subiect
parcel. 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 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 Avenue 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. The cost of a participation unit shall be determined by the
amount of participation units purchased at the unit price multiplied by the
total number of acres contained in the subiect parcel. Additionally, the
City Manager and/or his designee shall review the bonus participation unit
price set forth herein every two years.
[4] Sunny Isles Beach 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 and may be adjusted from time
to time by the City Commission pursuant to a recommendation by the City
Manager. The cost of a participation unit shall be determined by the
amount of participation units purchased at the unit price multiplied by the
total number of acres contained in the subiect parcel. Additionally, the
Ordinance Amending Sections 265-34, 35, 36 and 38
3
Words underlined are added, words ~ are deleted.
City Manager and/or his designee shall review the bonus participation unit
price set forth herein every two years.
Section 3.
Amendment to Section 265-36.
E. 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
adopted Sunny Isles Beach Comprehensive Plan.
(b) Sunny Isles Beach 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, are 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 and may be adjusted from time to time by the City
Commission pursuant to a recommendation by the City Manager. The
cost of a participation unit shall be determined by the amount of
participation units purchased at the unit price multiplied by the total
number of acres contained in the subiect parcel. 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 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 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
$72,000 and may be adjusted from time to time by the City
Commission pursuant to a recommendation by the City Manager.
The cost of a participation unit shall be determined by the amount of
participation units purchased at the unit price multiplied by the total
Ordinance Amending Sections 265-34, 35, 36 and 38
4
Words underlined are added, words ~ are deleted.
number of acres contained in the subiect parcel. Additionally, the City
Manager and/or his designee shall review the bonus participation unit
price set forth herein every two years.
Section 4.
Amendment to Section 265-38.
E. Site development standards.
(1) Floor area ratio. Except as provided herein below, the maximum floor area ratio
(FAR) shall be 2.0 for all uses. The FAR 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 FAR shall be increased by 0.40 for
developments that provide 75% or more of the required on-site parking
in enclosed structures fully screening vehicles from exterior views.
(b) Sunny Isles Beach 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 FAR
shall be granted for each "participation unit" contributed to the capital
improvement fund designated for beach enhancements up to a
maximum additional 0.25 FAR bonus. A "participation unit," for the
purpose of the public parking trust fund bonus, shall be equal to
$35,000.00 $72,000.00 and may be adjusted from time to time by the
City Commission pursuant to a recommendation by the City Manager.
The cost of a participation unit shall be determined by the amount of
participation units purchased at the unit price multiplied by the total
number of acres contained in the subiect parcel. 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 FAR 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
FAR shall be granted for each "participation unit" contributed to the
capital improvements trust fund designated for beach enhancements up
to a maximum additional 0.30 FAR bonus. A "participation unit," for
the purpose of the streetscape enhancement bonus, shall be equal to
Ordinance Amending Sections 265-34, 35, 36 and 38
5
Words underlined are added, words ~ are deleted.
$35,000.00 $72,000.00 and may be adjusted from time to time by the
City Commission pursuant to a recommendation by the City Manager.
The cost of a participation unit shall be determined by the amount of
participation units purchased at the unit price multiplied by the total
number of acres contained in the subiect parcel. 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
FAR shall be increased by 0.05 for each additional 10,000 square feet
of lot area up to a maximum additional 0.50 FAR bonus.
Section 5. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed
Section 6. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 7. Effective Date. This Ordinance shall be applied retroactively, and will become
effective ten (10) days after adoption at second reading.
-V"
PASSED and ADOPTED on first reading the Ji: day of .::r~.}U~y ,2012.
PASSED and ADOPTED on second reading this H.-\JIday of Ra.R.u~Y, 2012.
AT~T:. ;
~Clt\u ~ ~
Jane A. Hines, City Clerk
Moved by: (' .D~. Aw'DiJ
Second by: _~ l<<:.J. M~r T l4-~~
Ordinance Amending Sections 265-34, 35, 36 and 38
6
Words underlined are added, words ~ are deleted.
VOTE: 5--0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
Ordinance Amending Sections 265-34, 35, 36 and 38
Words underlined are added, words ~ are deleted.
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