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The Town Center should contain businesses, employment, civic, public and private education <br /> facilities and/or high or moderate density residential uses with a variety of housing types and <br /> within walking distance of the Town Center core. A balanced mix of primary uses including <br /> retail, office and residential should be provided within developments greater than 3 acres in size <br /> by committing not more than 70% of a project gross floor area ratio (FAR) to any one of the <br /> three uses. Both large and small businesses are encouraged in these centers, but primarily <br /> moderate sized businesses which serve, and draw from, the nearby community and the visitor <br /> population along the beaches. Transit and pedestrian mobility will be increased and area-wide <br /> traffic will be reduced in several ways: proximity of housing and retail uses will allow residents <br /> to walk or bike for some daily trips; provision of both jobs, personal services and retailing within <br /> walking distance of transit will encourage transit use for commuting; and conveniently located <br /> retail facilities will accommodate necessary shopping during the daily commuting periods or the <br /> lunch hour. <br /> The Town Center is divided into two overlay development districts, the Town Center North and <br /> Town Center South Overlays, as depicted on the Future Land Use Map. In the Town Center <br /> South Overlay, a base density of 75 dwelling units per acre and a base Floor Area Ratio (FAR) <br /> intensity of 3.5 shall be allowed. Additional density and FAR intensity may be permitted in the <br /> Town Center South Overlay for developments that comply with the Transfer of Development <br /> Rights according to Policy 14 C of this element. Additional FAR intensity may be permitted in <br /> the Town Center South Overlay for developments that comply with the bonus programs and <br /> requirements according to the City's Land Development Regulations. In no event shall the <br /> Floor Area Ratio (FAR) intensity in the Town Center South Overlay exceed 5.20. <br /> Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is <br /> declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not <br /> be affected by such invalidity. <br /> Section 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in <br /> conflict herewith be, and the same, are hereby repealed. <br /> Section 5. Transmittal. The City Manager or designee is hereby directed to transmit the City <br /> of Sunny Isles Beach Adopted Text-Based Amendments to the State Department of Economic <br /> Opportunity, pursuant to Chapter 163, Florida Statutes. <br /> Section 6. Effective Date. This Ordinance including the comprehensive plan amendment <br /> shall become effective ten (10) days after adoption on second reading. shall become effective, if <br /> the amendment is not timely challenged, thirty-one (31) days after the state land planning agency <br /> notifies the local government that the plan amendment package is complete. If the amendment is <br /> timely challenged, this amendment shall become effective on the date the state land planning <br /> agency or the Administration Commission enters a final order determining this adopted <br /> amendment to be in compliance. <br /> Underline denotes revisions during first reading—Bold Underline denotes revisions during second reading. <br /> 3 <br />