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2011-3744 Ordinance ORDINANCE NO. 2011 -3744 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130 "OFF- STREET PARKING," SECTION 130 -32 "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130 -33 "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, AND 4," BY ADDING PARKING REQUIREMENTS FOR HOUSING FOR LOW AND /OR MODERATE INCOME NON - ELDERLY PERSONS; CHAPTER 142 "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV. "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 6. "HOUSING FOR LOW AND /OR MODERATE INCOME ELDERLY PERSONS," BY INCLUDING NON - ELDERLY PERSONS IN THE REGULATIONS; AMENDING SECTION. 142 -1181, "PURPOSE," SECTION 142 -1182 "DEFINITIONS," SECTION 142- 1183, "UNIT SIZE," AND SECTION 142 -1184 "MANDATORY CRITERIA;" AMENDING DIVISION 3. "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II. "RM -1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," SUBDIVISION IV. "RM -2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SUBDIVISION V. "RM -3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," DIVISION 4. "CD -1 COMMERCIAL, LOW INTENSITY DISTRICT," DIVISION 5. "CD -2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," DIVISION 6. "CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT," AND DIVISION 18. "PS PERFORMANCE STANDARD DISTRICT," BY INCLUDING REFERENCES TO DIVISION 6. "HOUSING FOR LOW AND /OR MODERATE INCOME NON - ELDERLY AND ELDERLY PERSONS." PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, it is necessary to review development regulations from time to time and adapt those regulations to changing needs; and WHEREAS, there is a need to facilitate and provide for clean, secure and dignified housing for low and /or moderate income non - elderly persons; and WHEREAS, the Land Development Regulations of the City Code do not contain any references to housing regulations for low and /or moderate income non - elderly; and WHEREAS, Chapter 130 of the Land Development Regulations of the City Code contains various provisions related to off - street parking; and WHEREAS, the proposed regulations would facilitate new construction or rehabilitated housing units for low and /or moderate income housing for non - elderly persons; and WHEREAS, these proposed regulations will not affect the general health, safety and welfare of the residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 1 of 12 Section 1. Section 130 -32 "Off- street parking requirements for parking district no. 1." is hereby amended as follows: Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking district no. 1, accessory off- street parking spaces shall be provided for the building, structure or additional floor area as follows: (6A) Housing for low and /or moderate income non - elderly and elderly persons. For purposes of this regulation, the following definitions shall apply: Elderly Person shall be defined as a person who is at least 62 years of age. Non - Elderly person is a person who is of legal age but less than 62 years of age Elderly Household: a one or two person household in which the head of the household or spouse is at least 62 years of age. Non - Elderly Household: a one or two person household in which the head of the household or spouse is of legal age but less than 62 years of age. Housing for the elderly: shall not be construed as homes or institutions for the aged, which are primarily assisted living facilities, convalescent or nursing homes. Low Income: Households whose incomes do not exceed 50 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Moderate Income: Households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Parking requirements for housing for low and /or moderate income non - elderly and elderly persons: a. 0.5 parking space per dwelling unit for elderly housing. b. 1.00 parking space per dwelling unit of 800 square feet or less for non - elderly low and /or moderate income housing. Units larger than 800 square feet shall meet the required parking as provided in (6) a., b. and c. as applicable. c. For the purposes of this section only, housing for low and /or moderate income non - elderly and elderly persons shall be publicly owned or nonprofit sponsored and owned, or developed by for - profit organizations. £ d. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. 2 of 12 € e. Off - street parking, pursuant to this section, shall be permitted only after a finding by the planning director that, in view of the location of such housing and the economic status of anticipated occupants, the proposed parking will be adequate to serve proposed occupants, visitors and employees, including the proposed unit size and likelihood that the occupants will have a need for parking. e f. A covenant running with the land restricting the use of the property for housing for low and /or moderate income non - elderly and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form by the city attorney, recorded in the public records of the county and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. If a subsequent judicial determination invalidates the age restriction in this section, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable parking requirements under this Code. The property owner may satisfy the parking requirements by actually providing the additional parking spaces or by reducing the number of residential units. However, a property owner shall not be able to satisfy the parking requirements by the payment of a fee in lieu of providing parking. At the time of development review, the property owner shall submit a statement of intent to construct housing for low and /or moderate income non - elderly and elderly persons in accordance with this section. g,. After approval of the decrease in parking spaces, the premises shall not be used other than as housing for the non - elderly and elderly persons unless and until any parking requirements and all other requirements or limitations of this Code for the district involved and applying to the new use shall have been met. Section 2. Section 130 -33 "Off- street parking requirements for parking districts Nos. 2, 3 and 4" is hereby amended as follows: Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3 and 4 accessory off - street parking spaces shall be provided for the building, structure or additional floor area as follows. There shall be no off - street parking requirement for uses in this parking district except for those listed below: * * * (1A) Housing for low and /or moderate income non - elderly and elderly persons. For purposes of this regulation, the following definitions shall apply: Elderly Person shall be defined as a person who is at least 62 years of age. Non - Elderly person is a person who is of legal age but less than 62 years of age Elderly Household: a one or two person household in which the head of the household or spouse is at least 62 years of age. 3 of 12 _ - r Non - Elderly Household: a one or two person household in which the head of the household or spouse is of legal age but less than 62 years of age. Housing for the elderly: shall not to be construed as homes or institutions for the aged, which are primarily assisted living facilities, convalescent or nursing homes. Low Income: Households whose incomes do not exceed 50 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Moderate Income: Households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Parking requirements for housing for low and /or moderate income non - elderly and elderly persons: a. 0.5 parking space per dwelling unit for elderly housing. b. 1.00 parking space per dwelling unit of 800 square feet or less for non - elderly low and /or moderate income housing. Units larger than 800 square feet shall meet the required parking as provided in (6) a., b. and c. as applicable. c. For the purposes of this section only, housing for low and /or moderate income non - elderly and elderly persons shall be publicly owned or nonprofit sponsored and owned, or developed by for - profit organizations. o d. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. e. Off - street parking, pursuant to this section, shall be permitted only after a finding by the planning director that, in view of the location of such housing and the economic status of anticipated occupants, the proposed parking will be adequate to serve proposed occupants, visitors and employees, including the proposed unit size and likelihood that the occupants will have a need for parking. e f. A covenant running with the land restricting the use of the property for housing for low and /or moderate income non - elderly and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form by the city attorney, recorded in the public records of the county and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. If a subsequent judicial determination invalidates the age restriction in this section, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable parking requirements under this Code. The property owner may satisfy the parking requirements by actually providing 4 of 12 the additional parking spaces or by reducing the number of residential units. However, a property owner shall not be able to satisfy the parking requirements by the payment of a fee in lieu of providing parking. At the time of development review, the property owner shall submit a statement of intent to construct housing for low and /or moderate income non - elderly and elderly persons in accordance with this section. # g After approval of the decrease in parking spaces, the premises shall not be used other than as housing for the non - elderly and elderly persons unless and until any parking requirements and all other requirements or limitations of this Code for the district involved and applying to the new use shall have been met. SECTION 3. Chapter 142, "Zoning Districts and Regulations," Article IV. "Supplementary District Regulations," Division Housing for Low And /Or Moderate Income Elderly," is hereby amended as follows: Division 6. Housing for Low and /or Moderate Income Non - Elderly and Elderly Persons. Section 142 -1181. Purpose. The purpose of this division is to create definitions and mandatory requirements for new construction or rehabilitation of housing units for low and /or moderate income elderly and non - elderly persons in order to facilitate and provide for clean, secure and dignified housing. Section 142 -1182. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Elderly Person is a person who is at least 62 years of age. Non - Elderly person is a person who is of legal age but less than 62 years of aqe Elderly Household: a one or two person household in which the head of the household or spouse is at least 62 years of age. Non - Elderly Household: a one or two person household in which the head of the household or spouse is of legal age but less than 62 years of aqe. Housing for low and /or moderate income elderly is not homes or institutions for the aged, which are primarily assisted living facilities, convalescent or nursing homes. Low Income: Households whose incomes do not exceed 50 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. Moderate Income: Households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. 5 of 12 Section 142 -1183. Unit Size. The minimum and average unit size for new construction for low and /or moderate income non - elderly and elderly housing meeting the mandatory criteria of Section 142 -1184 shall be 550 square feet in all multifamily and commercial districts. The minimum and average unit size for rehabilitated buildings for this type of development shall be 400 square feet in all multifamily and commercial districts. Nonconforming buildings shall comply with the regulations set forth in Section 118 -395, "Destruction, Repair and /or Renovation of Nonconforming Buildings and Uses," with the exception of unit size, which shall be governed by this section. Sec. 142 -1184. Mandatory Criteria. Developments qualifying for the minimum and average unit size under this Division shall meet all of the following mandatory criteria: 1. The development shall be publicly owned or nonprofit sponsored and owned, or developed by for - profit organizations utilizing public funds. 2. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. 3. At the time of development review, the property owner shall submit a statement of intent to construct housing for low and /or moderate income non - elderly and elderly persons in accordance with this section. 4. A covenant running with the land restricting the use of the property for housing for low and /or moderate income non - elderly and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form and content by the city attorney, recorded in the public records of Miami -Dade County and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. If a subsequent judicial determination invalidates the age restriction, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable unit size regulations under this Code. 5. Should the property change from housing for low and moderate income non - elderly and elderly persons during the covenant period or thereafter, the property shall comply with all applicable development regulations existing at the time of the proposed change, including but not limited to minimum and average unit sizes and parking requirements. SECTION 4. Chapter142, ":Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision II, "RM -1 Residential Multifamily Low Intensity" is hereby amended as follows: Sec. 142 -155. Development regulations and area requirements. 6 of 12 (b) The lot area, lot width, unit size and building height requirements for the RM -1 residential multifamily, low density district are as follows: Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Width Unit Size Unit Size Building Height Number (Square Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories 5,600 50 New New Historic district— Historic district — construction— construction— 40 4 550i 800i Flamingo Park Flamingo Park Local Historic Local Historic Non - elderly and Non - elderly and District - 35 District -3 Elderly low and Elderly low and (except as (except as moderate moderate provided in provided in income housing: income housing: section 142- section 142 - See section 142- See section 142- 1161) 1161) 1183 1183 Otherwise -50 Otherwise -5 Rehabilitated Rehabilitated buildings -400 buildings -550 SECTION 5. Chapter142, ":Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision IV, "RM -2 Residential Multifamily, Medium Intensity" is hereby amended as follows: Sec. 142 -217. Area requirements. The area requirements in the RM -2 residential multifamily, medium intensity district are as follows: Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Width Unit Size Unit Size Building Height Number (Square Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories 7,000 50 New construction— New construction -- Historic district - -50 Historic district - -5 550; 800; (except as (except as provided in section provided in section Non - elderly and Non - elderly and 142 -1161) 142 -1161) Elderly low and Elderly low and Area bounded by Area bounded by moderate income moderate income Indian Creek Dr., Indian Creek Dr., housing: See Section housing: See Collins Ave., 26th Collins Ave., 26th 142 -1183 Section 142 -1183 St., and 44th St. -- St., and 44th St. - -8 75 Area fronting west Rehabilitated Rehabilitated Area fronting west side buildings -400 buildings- -550 side of Collins of Collins Ave. Hotel unit: Hotel units - -N /A Ave. btwn. 76th St. btwn. 76th St. and 15 %: 300 - -335 and 79 St. - -75 79 St. - -8 85%: 335+ Otherwise - -60 Otherwise - -6; Lots fronting Lots fronting Biscayne Bay less Biscayne Bay less than 45,000 s.f. -- than 45,000 s.f.- 100 11 Lots fronting Lots fronting Biscayne Bay over Biscayne Bay over 45,000 sq. ft.- -140 45,000 sq. ft. - -15 Lots fronting Lots fronting Atlantic Ocean Atlantic Ocean 7 of 12 Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Width Unit Size Unit Size Building Height Number (Square Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories over 100,000 sq. over 100,000 sq. ft. - -140 ft. - -15 SECTION 6. Chapter142, ":Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision V, "RM -3 Residential Multifamily, High Intensity" is hereby amended as follows: Sec. 142 -246. Development regulations and area requirements. (b) The lot area, lot width, unit size and building height requirements for the RM -3 residential multifamily, high intensity district are as follows: Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Unit Size Unit Size Building Height Number (Square Feet) Width (Square Feet) , (Square Feet) (Feet) of Stories (Feet) 7,000 50 New construction— New 150 16 550; construction -800; Oceanfront lots -- Oceanfront lots- - 200 22 Non - elderly and Non - elderly and Architectural dist.: Architectural Elderly low and Elderly low and New construction -- dist: New moderate income moderate income 120; ground floor construction - -13; housing: See Section housing: See additions (whether ground floor 142 -1183 Section 142 -1183 attached or additions detached) to (whether Rehabilitated Rehabilitated existing structures attached or buildings - -400 buildings - -550 on oceanfront lots- detached) to Hotel unit: Hotel units - -N /A -50 (except as existing 15 %: 300 - -335 provided in section structures on 85 %: 335+ 142-11611 oceanfront lots- - 5 (except as provided in section 142 - 11611 SECTION 7. Chapter142, ":Zoning Districts and Regulations," Article II, "District Regulations," Division 4, "CD -1 Commercial, Low Intensity District" is hereby amended as follows: Sec. 142 -276. Development regulations. The development regulations in the CD -1 commercial, low intensity district are as follows: Maximum Minimum Minimum Minimum Average Maximum Maximum Floor Lot Area Lot Width Apartment Apartment Building Number Area Ratio (Square Feet) (Feet) Unit Size Unit Size Height of Stories (Square Feet) . (Square Feet) (Feet) 1.0 Commercial -- Commercial -- Commercial -- Commercial -- 40 (except as 4 (except None None N/A N/A provided in as Residential -- Residential -- New New section 142- provided 5,600 50 construction— construction— 11611 in section 8 of 12 Maximum Minimum Minimum Minimum Average Maximum Maximum Floor Lot Area Lot Width Apartment Apartment Building Number Area Ratio (Square Feet) (Feet) Unit Size Unit Size Height of Stories (Square Feet) (Square Feet) (Feet) 550 800 142 - 11611 Rehabilitated Rehabilitated buildings -400 buildings -550 Non - elderly Non - elderly and Elderly and Elderly low and low and moderate moderate income income housing: See housing: See Section 142- Section 142- 1183 1183 Hotel unit: Hotel units-- 15%: 300-- N/A 335 85 %: 335+ SECTION 8. Chapter142, ":Zoning Districts and Regulations," Article II, "District Regulations," Division 5, "CD -2 Commercial, Medium Intensity District" is hereby amended as follows: Sec. 142 -306. Development regulations. The development regulations in the CD -2 commercial, medium intensity district are as follows: Maximum Minimum Minimum Minimum Average Maximum Maximum Floor Lot Area Lot Width Apartment Apartment Building Number Area Ratio (Square Feet) (Feet) Unit Size Unit Size Height of Stories (Square Feet) (Square Feet) (Feet) 1.5 Commercial -- Commercial -- Commercial -- Commercial -- 50 (Except 5 (Except None None N/A N/A as provided as provided Residential -- Residential -- New New in section in section 7,000 50 construction— construction— 142 -1161 142 -1161 550 800 Rehabilitated Rehabilitated buildings -400 buildings -550 Non - elderly and Non - elderly and Elderly low and Elderly low and moderate moderate income income housing: See housing: See Section 142- Section 142- 1183 1183 Hotel unit: 15 %: 300 - -335 Hotel units - -N /A 85 %: 335+ SECTION 9. Chapter142, ":Zoning Districts and Regulations," Article II, "District Regulations," Division 6, "CD -3 Commercial, High Intensity District" is hereby amended as follows: Sec. 142 -337. Development regulations and area requirements. 9of12 (c) The lot area, lot width, unit size and building height requirements for the CD -3 commercial, high intensity district are as follows: Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Width Unit Size Unit Size Building Number (Square Feet) (Feet) (Square Feet) (Square Feet) Height of Stories (Feet) Commercial -- Commercial -- Commercial -- Commercial -- 75 Oceanfront lots - -22 None None N/A N/A Oceanfront lots— Oceanfront lots within Residential -- Residential -- New New 200; the architectural dist., 7,000 50 Construction— construction— Oceanfront lots new construction - -13; 550 800 within the ground floor additions to architectural dist., existing structures on Rehabilitated Rehabilitated new oceanfront lots - -5 buildings-400 buildings— construction - -120; 7 550 ground floor Lots fronting on 17th Non - elderly additions to Street and Elderly Non - elderly existing structures 5 low and and Elderly on Non - oceanfront lots moderate low and oceanfront lots -50; within the architectural income moderate 80 – Lots dist. housing: See income fronting on 17th 11 Section 142- housing: See Street; City Center Area 1183 Section 142- 50 - Non - oceanfront (bounded by Drexel 1183 lots within Ave., 16th St., Collins Hotel unit: the architectural Ave., the south property 15 %: 300 - -335 Hotel units -- district; line of lots fronting on 85 %: 335+ N/A 100 -City Center the south side of Lincoln Area (bounded by Rd., Washington Ave., Drexel Ave., 16th and Lincoln Rd.), St., Collins Ave., the subject to the applicable south property line height restrictions of lots fronting on (except as provided in the south side of section 142 -1161 Lincoln Rd., Washington Rd., and Lincoln Rd.); except the height for lots fronting on Lincoln Rd. and 16th St. between Drexel and Washington are limited to 50' for the first 50' of lot depth; and except the height for lots fronting on Drexel Avenue are limited to 50' for the first 25' of lot depth (except as provided in section 142 -1161) - 7 10 of 12 SECTION 10. Chapter142, ":Zoning Districts and Regulations," Article II, "District Regulations," Division 18, "PS Performance Standard District," is hereby amended as follows: Sec. 142 -696. Residential Performance Standard Area Requirements. The residential performance standard area requirements are as follows: Residential Subdistricts Performance P -PS1 R -PS2 R -PS3 R -PS4 Standard Minimum lot area 5,750 square feet 5,750 square feet 5,750 square feet 5,750 square feet Minimum lot width 50 feet 50 feet 50 feet 50 feet Required open 0.60, See section 0.65, See section 0.70, See section 0.70, See section space ratio 142 -704 142 -704 142 -704 142 -704 Maximum building 45 feet 45 feet 50 feet Non - oceanfront - -80 height* Lots 50 feet wide or Lots 50 feet wide or Lots 50 feet wide or feet; less - -35 feet less - -35 feet less - -35 feet Oceanfront - -100 feet; except that in the Ocean Beach Historic District - -35 feet for the first 60 feet of lot depth, 75 feet thereafter, subject to the line -of- sight analysis of Sec. 142- 697(d) Lots 50 feet wide or less - -35 feet Maximum number of 5 5 5 Non - oceanfront - -8 stories Lots 50 feet wide or Lots 50 feet wide or Lots 50 feet wide or Oceanfront - -11 less - -4 less - -4 less - -4 Lots 50 feet wide or less - -4 In the Ocean Beach Historic District - -7 Maximum floor area 1.25 1.50 1.75 2.0 ratio Minimum floor area New construction— New construction— New construction— New construction — per apartment unit 700; 650; 600; 550; (square feet); except Rehabilitated as provided in 142- buildings - -400 Rehabilitated Rehabilitated Rehabilitated 1183 for elderly and buildings - -400 buildings - -400 buildings - -400 low and moderate income non - elderly housing. Minimum average New construction – New construction -- New construction -- New construction- - floor area per 900; 900; 850; 800; apartment unit (square feet); except Rehabilitated Rehabilitated Rehabilitated Rehabilitated as provided in 142- buildings - -550 buildings- -550 buildings - -550 buildings - -550 1183 for elderly and low and moderate income non - elderly housing. 11 of 12 Residential Subdistricts Performance P -PS1 R -PS2 R -PS3 R -PS4 Standard Minimum floor area N/A N/A 15% = 300 - -335 15% = 300 - -335 per hotel unit square feet square feet (square feet) 85% = 335+ square 85% = 335+ square feet feet Minimum parking Pursuant to chapter 130 and section 142 -705 requirement Minimum off - street Pursuant to chapter 130, article III. loading Signs Pursuant to chapter 138. Suites hotel Pursuant to article IV, division 3 of this chapter. SECTION 11. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 12. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 13 Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 14. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this 19t day of October 011. AT - : 6 I � ., ,..... MAYOR CI CLERK :'�Q'. .............. 4 .. 0% � "*"."",,\ 4 0."' APPROVED AS TO First Reading: ',' INCORP ORATED' • FORM AND LANGUAGE Second Reading: '�.,2��•. _ •. ) & FOR EXECUTION �''��•�� 26 Verified by: /f� A ��. y Attorney Date � • g ` . G•mez, Al � 7 • ,P anning Director Underscore • -notes new language denotes deleted language T:\AGENDA\2011 \9 -14- 11\2019 - ordinance re low and moderate income pkg 9 -14 -2011 rev.doc 12of12 I COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Amending Chapter 142 to include min. unit size & parking requirements for affordable non - elderly housing. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6 %, suggested the effort put forth by the City to regulate development is "about the right amount," nearly one - third, 29.6 %, indicated "too little" effort is being put forth by the City in this area. Issue: Should the City Commission amend the development regulations to include minimum unit size and parking requirements for non - elderly affordable housing. Item Summary /Recommendation: Second Reading Public Hearing The City Code contains policies intended to facilitate development of affordable housing for low and /or moderate income elderly persons. The existing regulations reduce the parking requirements and the minimum average unit size for projects in new and rehabilitated buildings, in order to make such projects more affordable. In order to ensure that the purpose of the amendment was met, the ordinance contained specific definitions and mandatory criteria for such qualifying projects. The policy amendment being considered at this time would extend these policies to affordable housing projects certified for low and /or moderate income non - elderly persons. The same definitions and mandatory criteria would apply. The proposed minimum and average unit size suggested by staff would be 400 square feet for rehabilitated buildings and 550 square feet for new construction. The proposed parking requirement suggested is reduced from 1.5 spaces per unit to 1 for units 800 square feet or less. Any larger units would follow the current requirements. The Administration recommends that the City Commission adopt the proposed ordinance. Advisory Board Recommendation: At its July 26, 2011 meeting, the Planning Board, by a vote of 4 -0 (three members absent) recommended that the City Commission adopt the proposed ordinance. Financial Information: Source of Amount Account Funds: 1 2 3 ()BPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long -term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long -term economic impact (at least 5 years) of this proposed legislative action, and it appears that there may not be any potential measurable impact on the City's budget as a result of the approval of the proposed ordinance. City Clerk's Office Legislative Tracking: Mercy Lamazares or Richard Lorber Sign -Offs: Department Director A istant CiJ anager City Manager III ' i ' ' 9'. i i N-S' ;-_„., i--"/ dilkAll17 T:\AGENDA\2011 \10 -19- 11\2019 - Min unit size y g ri affordable housing - .doc . aro CA ..... AA I AM I B E AC H AGENDA ITEM P1 SD DATE lU 9-1/ al- MIAMIB City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION E ON M MORAN DUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: October 19, 2011 Second Reading Public Hearing SUBJECT: Minimum unit size and parking requirements for affordable housing projects (low and /or moderate income non - elderly persons). AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130 "OFF- STREET PARKING," SECTION 130 -32 "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130 -33 "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, AND 4," BY ADDING PARKING REQUIREMENTS FOR HOUSING FOR LOW AND /OR MODERATE INCOME NON - ELDERLY PERSONS; CHAPTER 142 "ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV. "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 6, "HOUSING FOR LOW AND /OR MODERATE INCOME ELDERLY PERSONS," BY INCLUDING NON - ELDERLY PERSONS IN THE REGULATIONS; AMENDING SECTION 142 -1181, "PURPOSE," SECTION 142 -1182 "DEFINITIONS," SECTION 142 -1183, "UNIT SIZE," AND SECTION 142 -1184 "MANDATORY CRITERIA;" AMENDING DIVISION 3. "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM -1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," SUBDIVISION IV, "RM -2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SUBDIVISION V. "RM -3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," DIVISION 4. "CD -1 COMMERCIAL, LOW INTENSITY DISTRICT," DIVISION 5. "CD -2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," DIVISION 6. "CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT," AND DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," BY INCLUDING REFERENCES TO DIVISION 6, "HOUSING FOR LOW AND /OR MODERATE INCOME NON - ELDERLY AND ELDERLY PERSONS." PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. City Commission Memorandum Minimum unit size and parking requirements for affordable housing projects (low and /or moderate income non - elderly persons). October 19, 2011 Page 2 BACKGROUND On December 10, 2008, the City Commission accepted the recommendations report submitted by the Affordable Housing Advisory Committee (AHAC). The recommendations of the report include examining the development regulations for affordable housing projects, including the minimum required unit size and parking requirements for such apartments. At the September 15, 2010 City Commission meeting, a development agreement between the City and the Housing Authority of the City of Miami Beach (HACMB) was approved, involving the purchase of an easement over the property located at 1231- 1251 17th Street, and an affordable elderly housing project to be developed and constructed by HACMB. As part of this program, City staff discussed the AHAC recommendations with HACMB, and has undertaken to initiate the examination of some key development regulations for affordable projects for non - elderly persons, specifically the minimum required unit size and parking requirements for such apartments. The City Code contains policies intended to facilitate development of affordable housing for low and /or moderate income elderly persons. The existing regulations reduce the parking requirements and the minimum average unit size for projects in new and rehabilitated buildings, in order to make such projects more affordable. In order to ensure that the purpose of the amendment was met, the ordinance contained specific definitions and mandatory criteria for such qualifying projects. At the April 21, 2011 Land Use and Committee meeting, the Committee referred an ordinance amendment that would permit low and /or moderate income non - elderly projects to have the same requirements as those for elderly persons. The Committee also requested that the parking requirements for these projects be reduced from 1.5 to 1.0 per unit for units of 800 square feet or less. Units larger than 800 square feet should stay the same. ANALYSIS The policy amendment being considered at this time would extend these policies to affordable housing projects certified for low and /or moderate income non- elderly persons. The same definitions and mandatory criteria would apply. The proposed minimum and average unit size suggested by staff would be 400 square feet for rehabilitated buildings and 550 square feet for new construction. The proposed parking requirement suggested would be a reduction as follows: Current Requirement Proposed Requirement Apartment buildings on Tots 1.5 spaces /unit. 1 space /unit. that are 50 ft. in width or Tess Apartment buildings : p d ngs on lots wider than 50 ft.. units less than 800 square feet 1.5 spaces /unit 1 space /unit. Units between 801 and 999 sq. ft. 1.5 spaces /unit 1.5 spaces /unit units between 1000 and 1200 sq. ft. 1.75 spaces /unit 1.75 spaces /unit units above 1200 sq. ft. 2.0 spaces /unit 2.0 spaces /unit City Commission Memorandum Minimum unit size and parking requirements for affordable housing projects (low and /or moderate income non - elderly persons). October 19, 2011 Page 3 As an example, an affordable housing new construction project on a 24,000 sq. ft. lot, containing a mix of units from studio apartments to 2 bedroom units would have the following parking requirements based on the existing regulations, the proposed amendment and for comparison purposes, the existing elderly housing requirements: Parking Requirements Unit type # of units Existing Proposed Existing Elderly 550 sq. ft. 10 10 10 5 800 sq. ft. 10 15 10 5 1050 sq. ft. 8 14 14 4 2000 sq. ft. 2 4 4 1 Total 30 48 38 15 The proposed amendment would reduce the current parking for an affordable housing project, in the example above, from 48 spaces to 38 spaces. This represents a 20% reduction. If in the example above, all of the 30 units were p 800 sq. ft., the current parking requirement would be 45 spaces. The proposed ordinance would reduce this requirement to 30 parking spaces or a reduction of 33 %. The following example demonstrates the effect of the second component of the proposed ordinance dealing with the minimum unit size and minimum average unit size. In this example it is assumed that the project contains only smaller type units meeting the minimum average unit size on a 150'x150' lot and compares them in two different sized buildings located in different zoning districts. Zoning District Gross Bldg. Area Net Bldg. Area Number of units in sq. ft. available for units Existing Min. Proposed Min. in sq. ft. Avg. Unit size Avg. Unit size (85 %) (800sf) (550sf) RM -1 20,000 17,000 21 30 RM -2 33,000 28,050 35 51 It should be noted that as the projects achieve the maximum allowable floor area as per the underlying zoning district, the gap between the number of units allowed currently and the proposed ordinance diminishes. This is due to the overall density limits of units per acre allowed under the City's Comprehensive Plan which does not make a distinction between affordable units and regular market rate units. The ordinance does allow for more units in smaller structures due to the lower minimums. Section 142 -1182, "Definitions," as well as Section 130 -32 (6A) (parking district No. 1), and Section 130 -33 (1A) (parking districts Nos. 2, 3, and 4) would be amended as follows: • Elderly Person is a person who is at least 62 years of age. • Non - Elderly person is a person who is of legal age but less than 62 years of age • Elderly Household: a one or two person household in which the head of the household or spouse is at least 62 years of age. City Commission Memorandum Minimum unit size and parking requirements for affordable housing projects (low and /or moderate income non - elderly persons). October 19, 2011 Page 4 • Non - Elderly Household: a one or two person household in which the head of the household or spouse is of legal age but less than 62 years of age. • Low Income: Households whose incomes do not exceed 50 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. • Moderate Income: Households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by U. S. Department of Housing and Urban Development. • Housing for low and /or moderate income elderly is not: homes or institutions for the aged, which are primarily, assisted living facilities, convalescent or nursing homes. The same Mandatory Criteria in Section 142 -1184 would apply to the non - elderly and will be amended to reflect the term of non - elderly persons. These are: 1. The development shall be publicly owned or nonprofit sponsored and owned, or developed by for - profit organizations utilizing public funds. 2. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. 3. At the time of development review, the property owner shall submit a statement of intent to construct housing for low and /or moderate income elderly in accordance with this section. 4. A covenant running with the land restricting the use of the property for housing for low and /or moderate income non - elderly and elderly for a period of no Tess than 30 years shall be executed by the owner of the property, approved as to form and content by the city attorney, recorded in the public records of Miami - Dade County and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. If a subsequent judicial determination invalidates the age restriction, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable unit size regulations under this Code. 5. Should the property change from housing for low and moderate income non - elderly and elderly during the covenant period or thereafter, the property shall comply with all applicable development regulations existing at the time of the proposed change, including but not limited to minimum and average unit sizes and parking requirements. And finally all the zoning districts that permit multifamily residential units would be amended to reference Article IV, Division 6, "Housing for Low and /or Moderate Income Non - elderly and Elderly Persons," which is the section of the City Code that contains the development regulations for this type of population. City Commission Memorandum Minimum unit size and parking requirements for affordable housing projects (low and /or moderate income non - elderly persons). October 19, 2011 Page 5 PLANNING BOARD At its July 26, 2011 meeting, the Planning Board, by a vote of 4 -0 (Fryd, Tobin & Beloff absent) recommended that the City Commission adopt the proposed ordinance. CITY COMMISSION At the September 14, 2011 meeting, the City Commission approved the proposed ordinance on first reading and set the second reading and public hearing for the October 19, 2011 meeting. FISCAL IMPACT In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the Tong -term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long -term economic impact (at least 5 years) of this proposed legislative action, and it appears that there may not be any potential measurable impact on the City's budget as a result of the approval of the proposed ordinance. CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance. When a request to amend the land development regulations does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. The notice shall state the date, time and place of the meeting; the title or titles of proposed ordinances; and the place or places within the city where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Immediately following the public hearing at the second reading, the City Commission may adopt the ordinance. An affirmative vote of five - sevenths of all members of the City Commission shall be necessary in order to enact any amendment to these land development regulations. JMG /JGG /RGL /ML T:\AGENDA\2011 \10 -19- 11\2019 - Min unit size &prkg req affordable housing memo.docx NE THURSDAY, OCTOBER 6, 2011 1 13NE $ MIAM1BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the`LS'ry of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on WEDNESDAY, OCTOBER 19th", 2011, to consider the following. 10:15 a.m. • Amendments To The Roofing Material Ordinance Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach; By Amending Chapter 142, "Zoning Districts And Regulations ", Article IV, "'Supplementary District Regulations", Section 142 -875 "Roof Replacements" To Modify And Expand,The Requ rements For Roofing Materials In, All Distracts. Inquiries may be directed to the Planning Department at (305) 673 -7550. 10:20 afro. Stay Of Work And Proceedings On Appeal: , Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 118, "Administrative And Review Procedures," Article II, "Boards," Division 5, "Board Of Adjustment," Section 118 -137, "Stay Of Work And Proceedings On Appeal," Clarifying And Amending The Stay Provisions Applicable To Matters On Appeal To The Board Of Adjustment. Inquiries may be directed to the Planning Department at (305) 673 -7550 • 10:25 a.m. ' • Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10 -11, Entitled "Running At Large Prohibited" By Extending The Pilot Program Off -Leash Area For. Dogs In South Pointe Park Until January 1, 2012 And By Adding Two (2) Hours In The Evening From 5:00 p.m. To 7:00 p.m. On Monday Through Friday, Providing For An Off-Leash Area On The Par 3 Golf Course From Sunrise To 9:00 A.M. Daily And From 5.00 p,m. To 7:00 p.m On Monday Through Friday Until _ Construction Commences On The Par 3 Golf Course. Inquiries may be directed to the Parks and Recreation Department at (305) 673 -7730 10:30 a.m. . Minimum Unit Size And Parking Requirements For Affordable Housing Projects_ = An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130 'Off- Street Parking," Section 130 -32 "Off- Street Parking Requirements For Parking District No. 1," And Section 130 -33 "Off- Street Parking Requirements For Parking Districts Nos. 2, 3, And 4," By Adding Parking Requirements For Housing For Low And /Or Moderate Income Non - Elderly Persons; - • Chapter 142 "Zoning Districts And Regulations," By Amending Article IV "Supplementary District Regulations," By Amending Division 6. "Housing For Low And /Or Moderate Income Elderly Persons," By Including Non - Elderly Persons In The Regulations; - Amending. Section._ 1'42 -1181, "Purpose," Section 142 -1182 "Definitions," Section 142 - 1183, "Unit Size," And Section 142 -1184 "Mandatory Criteria;" Amending Division 3. "Residential Multifamily Districts," Subdivision II. "RM -1 Residential Multifamily Low Intensity," Subdivision IV. "RM -2 Residential Multifamily, Medium Intensity," Subdivision V. "RM -3 Residential Multifamily, High Intensity," Division 4. °CD 1 Commercial, Low Intensity District," Division 5. "CD - Commercial, Medium Intensity District," Division 6 'CD-3 .Commercial, High Intensity- District," And Division 18. `PS Performance Standard District," By Including References To Division 6. "Housing For Low And /Or Moderate Income .Non-Elderly And Elderly Persons." Inquiries may be directed to the Planning Department at (305) 673 -7550. 10:35 a.m. Recycling Ordinance: - An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending The Definitions In Article - 1• Entitled "In General," By Amending Section •90 -2, Entitled "Definitions "; By Amending Article II, Entitled "Administration" By Amending The Penalties For Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For Multifamily Residences And Commercial Establishments; By`Creating Article V, To Be Entitled "Citywide Recycling Program For Multifamily Residences And Commercial Establishments," To Provide Provisions For Recycling Requirements And Enforcement, A Public Education Program, A Warning Period, An Enforcement Date, Collector Liability, A "Red Tag" Noticing System, Penalties, And Special Master Appeal Procedures. - Inquiries may be directed to the Public Works Department at (305) 673 -7616 INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida - 33139 Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 - Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139 This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk • City of Miami Beach Pursuant to Section 286.0105, Fla Stat., the City hereby advises the public that. if a person decides to appeal any decision - made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must 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 the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/ or any accommodation to review any document or participate in any city- sponsored proceeding, please contact (305) 604 -2489 (voice), (305)673- 7218(TTY) five days in advance to initiate your request TTY users may also call 711 (Florida Relay Service) Ad #670 A