City of Sunny Isles Beach Collins Avenue Sunny Isles Beach, Florida 33160

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1 City of Sunny Isles Beach Collins Avenue Sunny Isles Beach, Florida (305) City Hall (305) Fax MEMORANDUM TO: FROM: The Honorable Mayor and City Commission Hans Ottinot, City Attorney DATE: 10/20/2011 RE: Amendment to Section , and, of the Zoning Code RECOMMENDATION: 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 pickup. 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 Agenda Item No.7C 126

2 the following additional bonuses to promote development in the City: Illustration 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 Base FAR Maximum FAR without TDRs 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 District 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 District Agenda Item No.7C 127

3 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. Revisions to 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. Town Center Di /attachment HO/jb ATTACHMENTS: Proposed Zoning Code Changes Ordinance Agenda Item No.7C 128

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15 Attachment number 2 Page 1 of 8 ORDINANCE NO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 265 ZONING INCLUDING SECTION 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 MIXED USE RESORT DISTRICT (MU-R) TO MODIFY FLOOR AREA RATIO BONUSES, ESTABLISH FEDERAL AVIATION ADMINISTRATION RESTRICTIONS AS HEIGHT LIMITATIONS THEREIN, AND TO PERMIT CONNECTING BRIDGES BETWEEN CERTAIN ADJACENT PROPERTIES; AND INCLUDING AMENDING SECTION TRANSFERS OF DEVELOPMENT RIGHTS TO ESTABLISH FEDERAL AVIATION ADMINISTRATION RESTRICTIONS AS THE HEIGHT LIMITATION FOR RECEIVING SITES; 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, 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Words added underlined, words stricken deleted (ed) Page 1 of 8 Agenda Item No.7C 140

16 Attachment number 2 Page 2 of 8 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 of the City Code is amended to read as follows: 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 every one 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 adjacent to Collins Avenue 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 11 street frontage situations. Words added underlined, words stricken deleted (ed) Page 2 of 8 Agenda Item No.7C 141

17 Attachment number 2 Page 3 of 8 Street Typology Collins-Core Edge Sunny Isles Beach Boulevard South Edge Town Center Subdistrict: Building Massing by Street Type Pedestal Building Elements Maximum Stories Tower Penthouse Overall Maximum Heights 1 (feet) n.a. n.a. n.a. 50 (4 stories) for the first 130-foot setback from property line, 100 (8 stories) for next 100 feet, then 170 (15 stories) 3 min; 5 max (max 50 ft. height) n.a. n.a or 290 /140 adjacent to Collins Avenue³ Elements Setbacks Tower from Pedestal (feet) Penthouse from Tower (feet) Bayfront Esplanade Plaza Main Street Neighborhood Park Neighborhood Street Side Street Alley Street Paseo 1 min; 7 max 3 min; 5 max 3 min; 5 max 1 min; 5 max 1 min; 4 max 1 min; 3 max 1 min; 3 max 1 min; 3 max 1 min; 3 max 12 max 9 max 9 max 7 max 7 max 6 max 3 max 3 max 3 max 3 max max max max max max max max max NOTES: Words added underlined, words stricken deleted (ed) Page 3 of 8 Agenda Item No.7C 142

18 Attachment number 2 Page 4 of 8 1 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 every one 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 adjacent to Collins Avenue within such site plan is 140 feet. Section 3. Amendment. Section of the City Code is amended to read as follows: 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. [3] 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 adjacent 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. Words added underlined, words stricken deleted (ed) Page 4 of 8 Agenda Item No.7C 143

19 Attachment number 2 Page 5 of 8 (7) Maximum building height. Maximum building height shall be controlled by D(2) regarding maximum height, D(4), regarding setbacks and view corridors, and D(9), Floor 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 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 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 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 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. Additionally, the City Manager and/or his designee shall review the bonus participation unit price set forth herein every two years. Words added underlined, words stricken deleted (ed) Page 5 of 8 Agenda Item No.7C 144

20 Attachment number 2 Page 6 of 8 [6] Educational and cultural infrastructure bonus. The floor area ratio shall be increased for developments that participate in the City 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 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. Section 4. Amendment. Section of the City Code is amended to read as follows: 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 D(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 exceeding 550 feet in height the height restrictions of the Federal Aviation Administration. Section 5. 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. Words added underlined, words stricken deleted (ed) Page 6 of 8 Agenda Item No.7C 145

21 Attachment number 2 Page 7 of 8 Section 6. 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 7. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 8. Effective Date and Applicability. This Ordinance shall be effective upon adoption on second reading. PASSED and ADOPTED on first reading the day of PASSED and ADOPTED on second reading the day of Norman S. Edelcup, Mayor ATTEST: Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Hans Ottinot, City Attorney Moved by: Seconded by: Vote: Words added underlined, words stricken deleted (ed) Page 7 of 8 Agenda Item No.7C 146

22 Attachment number 2 Page 8 of 8 Mayor Edelcup (Yes) (No) Vice Mayor Thaler (Yes) (No) Commissioner Aelion (Yes) (No) Commissioner Gatto (Yes) (No) Commissioner Scholl (Yes) (No) Words added underlined, words stricken deleted (ed) Page 8 of 8 Agenda Item No.7C 147