2017-4148 Ordinance AFFORDABLE HOUSING UNIT SIZE AND PARKING REQUIREMENTS
ORDINANCE NO. 2017-4148
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY'S LAND
DEVELOPMENT REGULATIONS; BY AMENDING CHAPTER 58,
"HOUSING," BY ESTABLISHING ARTICLE V, "HOUSING FOR LOW
AND/OR MODERATE INCOME ELDERLY PERSONS"; PROVIDING
CODIFICATION; BY AMENDING CHAPTER 114, "GENERAL
PROVISIONS," AT SECTION 114-1, "DEFINITIONS," TO ESTABLISH BY
REFERENCE TO CHAPTER 58, "HOUSING" DEFINITIONS FOR NON-
ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY
AMENDING CHAPTER 130, "OFF-STREET PARKING," AT 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, 4, 5, 6, AND 7." BY AMENDING THE
PARKING REQUIREMENTS FOR LOW AND/OR MODERATE INCOME
NON-ELDERLY AND ELDERLY PERSONS; BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," 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," DIVISION 13, "MXE MIXED USE ENTERTAINMENT
DISTRICT," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT,"
DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS," BY
STRIKING ALL REFERENCE TO SECTION 142-1183 ENTITLED "UNIT
SIZE"AND CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT
SIZES FOR NON-ELDERLY AND ELDERLY LOW AND MODERATE
INCOME HOUSING; BY AMENDING ARTICLE IV, "SUPPLEMENTARY
DISTRICT REGULATIONS," BY AMENDING DIVISION 6, "HOUSING FOR
LOW AND/OR MODERATE INCOME ELDERLY PERSONS," BY STRIKING
THIS DIVISION; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; 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 further facilitate and provide for clean, secure and dignified
housing for low and/or moderate income elderly and non-elderly persons ; and
WHEREAS, the City seeks to increase the supply of both low-income and moderate-
income housing; and
WHEREAS, Chapter 130 of the Land Development Regulations of the City Code contains
various provisions related to off-street parking ; and
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WHEREAS,the City proposes to eliminate requirements that mandate a minimum number
of parking spaces for new housing Development, or to limit the amount of parking; and
WHEREAS, there is no good reason for the government to force the private market to
produce parking spaces for every housing unit built, when there are locations with high-quality
transit, which could incentive public transportation, and as such, the City seeks to set maximum
parking requirements that limit how much parking each unit can have; and
WHEREAS, the proposed regulations would further facilitate new construction or
rehabilitated housing units for low and/or moderate income housing for elderly and non-elderly
persons by reducing the parking requirements; and
WHEREAS, these proposed regulations will not affect the general health, safety and
welfare of the residents of the City; and
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 58, "Housing," Article V, "Housing for Low and/or moderate income non
elderly and elderly persons," is hereby established as follows:
Article V. - Housing for Low and/or moderate income non elderly and elderly persons
DIVISION 1. - GENERALLY
Sec. 58-400. - 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.
Sec. 58-401. - 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 means 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 means 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 is 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.
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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 means households whose incomes do not exceed 50 percent of the median
income for the area as determined by the U.S. Department of Housing and Urban Development.
Moderate income means households whose incomes are between 51 percent and 80
percent of the median income for the area as determined by the U.S. Department of Housing
and Urban Development.
Sec. 58-403. - Mandatory criteria.
Developments qualifying for the minimum and average unit size for non-elderly and elderly low
and moderate income housing 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.
f5) 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 2. Section 114-1, "Definitions", is amended as follows:
* * *
Non-elderly and elderly low and moderate income housing, shall be as defined in Chapter
58, Article V.
* * *
SECTION 3. Section 130-32, "Off-street parking requirements for parking district no. 1", is
amended as follows:
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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, as
defined in Chapter 58, Article V. For purposes of this regulation, the following
definitions shall apply:
Elderly person shal4 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 means 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 means 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 means households whose incomes do not exceed 50 percent of the
median income for the area as determined by the U.S. Department of Housing and
Urban Development.
Moderate income means households whose incomes are between 51 percent and
80 percent of the median income for the area as determined by the 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 Zero (0) parking space per dwelling unit for elderly housing.
b. 1.00 The parking requirements shall be the same as specified in section 130-
32 (6), above, or 0.5 parking spaces per unit, whichever is less, per dwelling
unit of 800 square feet or less for non-elderly low and/or moderate income
housing. tee - -- . ..-- • --
provided in (6)a., b., and c., as applicable. Notwithstanding the above, when
an existing building is renovated and the number of units is increased, or when
units are added on a lot with an existing building that is retained and renovated,
there shall be no parking requirement for the newly constructed units, and
existing buildings shall be exempt from the requirements of section 118-395
(b), Repair and/or rehabilitation of nonconforming buildings and uses.
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, utilizing public funds.
d. The applicant shall submit written certification from the corresponding state or
federal agency in charge of the program.
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e. Off-street parking, pursuant to th-is 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.
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 4. Section 130-33, "Off-street parking requirements for parking districts nos. 2, 3, 4,
5, 6, and 7.", is 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, 4 and 5 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, as defined in
Chapter 58, Article V of the City Code. 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 means a one- or two-person household in which the head of the
household or spouse is at least 62 years of age.
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Non-elderly household means 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 means households whose incomes do not exceed 50 percent of the
Urban Development.
Moderate income means househoids whose incomes are between 51 percent and
8-0-pecent of the median income for the area as determined by the 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 Zero (0) parking space per dwelling unit for elderly housing.
b. 1.00 The parking requirements shall be the same as specified in section 130-
32 (6) above or 0.5 parking spaces per unit, whichever is less, 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. Notwithstanding the above, when
an existing building is renovated and the number of units is increased, or when
units are added on a lot with an existing building that is retained and renovated,
there shall be no parking requirement for the newly constructed units, and
existing buildings shall be exempt from the requirements of section 118-395
(b), Repair and/or rehabilitation of nonconforming buildings and uses.
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.
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
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.
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
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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 5. 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.
* *
(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 MinimumAverage Maximum Maximum
Lot Area Lot Unit Size Unit Size Building Number
(Square Width (Square Feet) (Square Feet) Height of Stories
Feet) (Feet) (Feet)
New construction-550
Non-elderly and elderly low and
moderate income housing;See section
142-1183–400
Rehabilitated buildings-400 Historic
Hotel units: district-40 Historic
15%: 300-335 New construction 800 Flamingo Park district-4
85%:335+ Non-elderly and elderly Local Historic Flamingo Park
For contributing hotel structures, located low and moderate income District-35 Local Historic
5,600 50 within an individual historic site, a local housing;See section (except as District-3
historic district or a national register 142-1183--400 provided in (except as
district,which are renovated in Rehabilitated buildings— section 142-
provided in
accordance with the Secretary of the 550 1161) section 142-
Interior Standards and Guidelines for the Otherwise— 1161)
Rehabilitation of Historic Structures as 50 Otherwise-5
amended, retaining the existing room
configuration and sizes of at least 200
square feet shall be permitted.
Additionally, the existing room
configurations for the above described
hotel structures may be modified to
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address applicable life-safety and
accessibility regulations, provided the
200 square feet minimum unit size is
maintained,and provided the maximum
occupancy per hotel room does not
exceed 4 persons.
* *
SECTION 6. 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 Unit Size Unit Size Building Number
(Square Width (Square Feet) (Square Feet) Height of Stories
Feet) (Feet) (Feet)
Historic district— Historic district-5
50(except as (except as
New construction-550 provided in section provided in section
142-1161) 142-1161)
Non-elderly and elderly low and
Area bounded by Area bounded by
moderate income housing:See section
Indian Creek Dr., Indian Creek Dr.,
142-1183 -400 Collins Ave.,26th Collins Ave.,26th
Rehabilitated buildings-400 St.,and 44th St.—St., and 44th St.—
Hotel units: 75 8
15%:300-335 Area fronting west Area fronting west
85%:335+
side of Collins side of Alton Rd.
New
For contributing hotel structures, Ave. btwn. 76th St.between Arthur
located within an individual historic site,construction-800 and 79th St.-75 Godfrey Rd. and
a local historic district or a national Non-elderly and Area fronting west W.34th St.-8
register district,which are renovated in elderly low and side of Alton Rd. Area fronting west
accordance with the Secretary of the moderate income between Arthur side of Collins
7,000 50 Interior Standards and Guidelines for housingee Godfrey Rd. and Ave. btwn. 76th St.
the Rehabilitation of Historic Structures section 142-1183 W.34th St.-85 and 79th St.-8
as amended, retaining the existing 400 Otherwise-60 Otherwise-6
room configuration and sizes of at least Rehabilitated Lots fronting Lots fronting
200 square feet shall be permitted. buildings-550 Biscayne Bay less Biscayne Bay less
Additionally,the existing room Hotel units—N/A than 45,000 sq. than 45,000 sq.
configurations for the above described ft.-100 ft.-11
hotel structures may be modified to Lots fronting Lots fronting
address applicable life-safety and Biscayne Bay over Biscayne Bay over
accessibility regulations, provided the 45,000 sq.ft.-14045,000 sq.ft.-15
200 square feet minimum unit size is Lots fronting Lots fronting
maintained,and provided the maximum Atlantic Ocean Atlantic Ocean
occupancy per hotel room does not over 100,000 sq. over 100,000 sq.
exceed 4 persons. ft.-140 ft.-15
Lots fronting Lots fronting
Atlantic Ocean Atlantic Ocean
with a property linewith a property line
within 250 feet of within 250 feet of
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North Shore Open North Shore Open
Space Park Space parking
Boundary-200 Boundary-21
* *
SECTION 7. 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, low density district are as follows:
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Unit Size Unit Size Building Number
(Square Width (Square Feet) (Square Feet) Height of Stories
Feet) (Feet) (Feet)
New construction-550
Non-elderly and elderly low and
moderate income housing: See 16
section 142-1183 -400
Rehabilitated buildings-400 Oceanfront
Hotel units:
15%:300-335 lots-22
85%:335+ 150 Architectural
dist.: New
For contributing hotel structures, New construction
located within an individual historic construction-800 Oceanfront lots-200 13;ground
site,a local historic district or a Non-elderly and floor additions
national register district,which are
renovated in accordance with the elderly low and (whether
Secretary of the Interior Standards moderate income Architectural dist.: New attached or
7,000 50 housing:See construction-120; detached)to
and Guidelines for the Rehabilitation section 142-1183 ground floor additions
r existing
of Historic Structures as amended, 400 (whether attached or
retaining the existing room structures on
configuration and sizes of at least 200 Rehabilitated detached)to existing oceanfront
square feet shall be permitted. buildings-550 structures on oceanfront lots—5
Additionally,the existing room Hotel units—N/A lots-50(except as (except as
provided in section 142- provided in
configurations for the above described 1161)
hotel structures may be modified to section 142-
address applicable life-safety and 1161)
accessibility regulations, provided the
200 square feet minimum unit size is
maintained,and provided the
maximum occupancy per hotel room
does not exceed 4 persons.
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* * *
SECTION 8. 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 Apartment Average Apartment Maximum Maximum
Floor Lot Area Lot Width Unit Size Unit Size Building Number
Area (Square (Feet) (Square Feet) (Square Feet) Height of Stories
Ratio Feet) (Feet)
Commercial—N/A Commercial—N/A
New construction— New construction-
550 800
Rehabilitated
Commercial Commercial buildings-400 Rehabilitated
—None —None buildings-550 Non-elderly and 40(except as 4(except as
1.0 elderly low and Non-elderly and provided in section provided in
moderate income elderly low and 142-1161) section 142-
Residential Residential moderate income 1161)
—5,600 —50 housing:See section housing:See
142-1183 -400. section 142-1183
Hotel unit: 400
15%:300-335 Hotel units—N/A
85%:335+
* *
SECTION 9. 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 Apartment Average Apartment Maximum Maximum
Floor Lot Area Lot Width Unit Size Unit Size Building Number
Area (Square (Feet) (Square Feet) (Square Feet) Height of Stories
Ratio Feet) (Feet)
Commercial—N/A Commercial—N/A 50 as 5(except as
1.5 Commercial Commercial New construction— New construction—provided(except section provided in
in
—None —None 550 800 142-1161). section 142-
Rehabilitated Rehabilitated1161)
buildings-400 buildings-550
Non-elderly and Non-elderly and
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Residential Residential elderly low and elderly low and Self-storage Self-storage
—7,000 —50 moderate income moderate income warehouse-40 warehouse:4
housing:See section housing:See feet, except that the
142-1183 -400. section 142-1183 building height shall
Hotel unit: 400 be limited to 25 feet
15%:300-335 Hotel units—N/A within 50 feet from
85%:335+ the rear property
For contributing hotel line for lots abutting
structures, located an alley; and within
within an individual 60 feet from a
historic site,a local residential district
historic district or a for blocks with no
national register alley
district,which are
being renovated in
accordance with the Mixed-use and
Secretary of the commercial
Interior Standards buildings that
and Guidelines for include structured
the Rehabilitation of parking for
Historic Structures properties on the
as amended, west side of Alton
retaining the existing Road from 6th
room configuration Street to Collins
shall be permitted, Canal-60 feet.
provided all rooms
are a minimum of
200 square feet.
Additionally, existing
room configurations
for the above
described hotel
structures may be
modified to address
applicable life-safety
and accessibility
regulations, provided
the 200 square feet
minimum unit size is
maintained, and
provided the
maximum occupancy
per hotel room does
not exceed 4
persons.
SECTION 10. 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.
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(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 Apartment Average Maximum Maximum
Lot Area Lot Width Unit Size Apartment Building Number
(Square (Feet) (Square Feet) Unit Size Height of Stories
Feet) (Square Feet) (Feet)
Commercial—N/A 75 feet.
New construction-
550
Rehabilitated Lots within the
buildings-400 architectural district:
Non-elderly and 50 feet.
elderly low and
moderate income
housing:See section Lots fronting on 17th 7 stories.
142-1183 -400. Hotel Street: 80 feet.
unit:
15%:300-335 Lots within the
85%: 335+ City Center Area agricultural
For contributing hotel (bounded by Drexel district: 5
structures, located Avenue, 16th Street, stories.
within an individual Collins Avenue and
historic site, a local the south property Lots fronting on
historic district or a line of those lots 17th Street: 7
national register Commercial—N/A fronting on the south stories.
district,which are New side of Lincoln
being renovated in construction-800 Road): 100 feet.
Commercial Commercial accordance with the Rehabilitated City Center
Secretary of the Area(bounded
—None —None Interior Standards and buildings-550 Notwithstanding the
Guidelines for the Non-elderly and foregoing by Drexel
elderly low and Avenue, 16th
Residential Residential Rehabilitation of moderate income requirement for City Street, Collins
—7,000 —50 Historic Structures as housing:See Center Area,the Avenue and the
amended, retaining section 142-1183 following additional south property
the existing room shall apply:
400 line of those lots
configuration shall be Hotel units—N/A fronting on the
permitted, provided all south side of
rooms are a minimum The height for lots Lincoln Road):
of 200 square feet. fronting on Lincoln 11 stories,
Additionally, existing Road and 16th subject to the
room configurations Street between
applicable
for the above Drexel Avenue and pp
described hotel Washington Avenue height
structures may be
are limited to 50 feet restrictions
modified to address for the first 50'of lot (except as
applicable life-safetydepth. provided in
a
pp section 142-
and accessibility 1161).
regulations, provided
the 200 square feet The height for lots
minimum unit size is fronting on Drexel
maintained,and Avenue is limited to
provided the 50 feet for the first
maximum occupancy 25'of lot depth
per hotel room does (except as provided
not exceed 4 persons. in section 142-1161).
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SECTION 11. Chapter142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 13, "MXE Mixed Use Entertainment District," is hereby amended as follows:
Sec. 142-545. Development regulations.
The development regulations in the MXE mixed use entertainment district are as follows:
Maximum Minimum Minimum Minimum Apartment Average Apartment Maximum Maximum
Floor Lot Area Lot Width Unit Size Unit Size Building Number
Area (Square (Feet) (Square Feet) (Square Feet) Height of Stories
Ratio Feet) (Feet)
Existing structures:
Apartment units-
400
Existing structures: Architectural
All Non-elderly and Apartment district:
Architectural
uses— elderly low and units-550 Oceanfront-16
2.0 moderate income Hotel units—N/A district: Non-
Except housing-400. New construction: Oceanfront-150 oceanfront-5
conventio Hotel units—in a Apartment Non-oceanfront—(except as
n hotel local historic units-800 50(except as provided in
developm N/A N/A district/site-200 Hotel units—N/A provided in section section 142-
ent(as Otherwise: 142-1161) — 1161)
set forth 15%: 300-335 All other areas 75 All other areas—
in section 85%:335+ Non-elderly and (except as provided 8(except as
142- New construction: elderly low and in section 142- provided in
841)-3.5 Apartment units— moderate income 1161) section 142-
550 housing-400. 1161)
Hotel units:
15%:300-335
85%:335+
* * *
SECTION 12. 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 Standard R-PS1 R-PS2 R-PS3 R-PS4
}
Minimum lot area 5,750 square feet 15,750 square feet £ 5,750 square feet 5,750 square feet
I
I
13 of 21
Minimum lot width a
50 feet 50 feet # 50 feet 50 feet
Required open space 0.60, See section 0.65,See section 0.70, See section 0.70, See section
ratio 142-704 142-704 142-704 142-704
.w.,,..w.,,..,,.a..,.,....a.,•..,,...,.:,....W....,,,.......,.:a.,M,.,a„a,,,,.w...w„„nMr,rcw.,ow....»,,,w.,,,...w.v.nm...w,....,.,,..r.M,,..C...w.....,....,...,..,... .,.,w..:................«.,......:.....,......,.,.,•,......w:,,�,...,...
W,,,.......,W.W..,.....W...................................w..,..,;,.,,.,,..:«,........,,;,,,..,..ww,£..... .�.,..........,....,..........,.... .,..n,,. ,...e.h„v..,..,.4m,,,„...w.,....Nn..w„w..-.....x...«....w.,w.,..w,..,,,,,..,M,.,..,w..,.,..,r
{
Nonoceanfront-80
feet;
45 feet 45 feet � 50 feet �
Maximum building Oceanfront-100
Lots 50 feet wide Lots 50 feet wide Lots 50 feet wide
height* feet;
or less-40
40 feet or less-40
40 feet or less-40
40 feet
Lots 50 feet wide or
less-40 feet
.,«...,w.,,,ww,.,,,.,;.„„•m+.m.mn,..,,mw..,..;..,.,..M,a.ro..,..,:..,..w......,.w..a.....„...,..,..s,.,..w......:.W.,W.,...,.
�. .... .... �.. ,,.�� z.�„�,,...,�. ...�......� � N o n o ce a o f ro n t—8
Oceanfront-11
5 5 5
Maximum number of Lots 50 feet wide or
Lots 50 feet wide Lots 50 feet wide Lots 50 feet wide
stories less-4
1 or less-4 or less-4 or less-4
In the Ocean Beach
Historic District-7
Maximum floor area
1.25 1.50 1.75 2.0
ratio
New
construction— New New
New construction—
Minimum floor area 700 construction— construction—
per apartment unit ` 550
650 600
Rehabilitated Rehabilitated
except(square feet);)� p buildings-400 Rehabilitated Rehabilitated
—
buildings-400 buildings 400 buildings-400
142 1183 for elderlyNon-elderly and
Non-elderly and
elderly low and Non-elderly and Non-elderly and
elderly low and
income non elderly moderate income elderly low and elderly low and
moderate income
housing-400. moderate income moderate income
housing-400.
housing-400. housing-400.
Minimum average � New construction
New New New
800
floor area per construction— construction— construction—
Rehabilitated
apartment 900 900 850
buildings-550
(square feet)i except Rehabilitated Rehabilitated
Rehabilitated
}
buildings-550 buildings-550 buildings-550 Non-elderly and
142 1183 for elderly
� h � elderly low and
14 of 21
Non-elderly and Non-elderly and 1 Non-elderly and moderate income }
elderly low and elderly low and elderly low and housing-400.
housing moderate income moderate income moderate income
housing-400. s housing-400. housing-400.
g g g
.,m,._...�.m,�,.._..�.,.�.�.�.��.,�..��,.,.�. ..�,,..� .�%.,.�,...�...,,...�,..�..���.W�_.W...�.�...�.W...��.�.......��..�..�.....�..�.�.�...�...m�.�.�W.�.�.�.�..W...w..�.........�......m.�_,,.....,�.�......_�.�._�..��..� 15%= 300-335 15%= 300-335
Minimum floor area
square feet square feet
per hotel unit (square N/A N/A
85%= 335+ 85%= 335+square
feet)
square feet 1 feet
1
„M.�..�e...,.��.......�..�.......,.o......,....��n ..W.,.�.. .,�:,.... �.,..W.., �..__.��..�. .. �..m.....w��......��.�..w,... ..M�.: ..�... ..�..�......��� .....�m�..�.,��.����.�.n..�.����,.�.,...,.. w,..�,.. a -
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.
* * *
Sec. 142-698. - Commercial performance standard area requirements.
(b) The commercial performance standard area requirements are as follows:
_ T _ , .,..,___ ..„„... . . ,
1 Commercial Subdistricts
Performance
C-PS1 C-PS2 C-PS3 C-PS4
Standard
Minimum lot
6,000 square feet 6,000 square feet 6,000 square feet 6,000 square feet
area
r �.y..W..... ..�w �:�. ..:.w. �. .�w..�.. . ..._...._...w......�..�..��..M._.��,�..�.� ��.�.�,,. ,..n. ,Mm..�.,.��..�....m�. �.�.�.��.,.w..�...........��..,mm.m...,.n�.. ....m..�._.,.,�....�..
Minimum lot F f
50 feet 50 feet 50 feet 50 feet
width
Maximum
40 feet; 75 feet 50 feet—East of
Lenox Avenue Non-oceanfront-80 feet
buildingfor the Block 51 150
75 feet—West of Oceanfront-100 feet
height Properties,the
Block 51 Swap Lenox Avenue
15 of 21
Property, Block 52
Properties, and
Block 1 Properties
4; 8 for the Block t 3
51 Properties, the 5—East of Lenox
Maximum p
Block 51 Swap Avenue Non-oceanfront-8
number of 16
Property, Block 52 7—West of Lenox Oceanfront-11
stories
Properties; Block 1 Avenue
Properties
1.0; 1.5 for the
Block 51
Maximum Properties and
floor area Block 52 2.0 2.5 2.5
ratio Properties, and
2.0 for the Block 1
Properties
Pursuant to all R-P54
• district regulations except
maximum floor area ratio
Pursuant to all R- Pursuant to all R- shall be 2.5; on the Pursuant to all R-
PS2 district PS3 district Goodman Terrace and PS4 district
regulations, regulations, Hinson Parcels,the FAR regulations, except
Residential except maximum except maximum shall be that necessary to maximum floor
and/or hotel building height for # building height for achieve 305,500 sq.ft. area ratio shall be
development residential and residential and (estimated at 3.2 FAR), 30 2.5, and open
mixed use mixed use stories and 300 ft. height space ratio 0.60
buildings shall be buildings shall be maximum for the measured at or
75 feet 75 feet Goodman Terrace and above grade
Hinson Parcels, and open
space ratio 0.60 measured
at or above grade
Minimum x New New New
New construction-550
apartment construction-650 construction-600 construction-550
Rehabilitated buildings—
unit size Rehabilitated Rehabilitated Rehabilitated
400
(square feet) E buildings-400 buildings-400 buildings-400
16 of 21
Non-elderly and Non-elderly and Non-elderly and elderly Non-elderly and
elderlylow and elderlylow and low and moderate income elderlylow and
moderate income moderate income housing-400. moderate income
housing-400. housing-400. housing-400.
New New New
a � S
construction-900 construction-850 New construction-800 construction-800
Average
Rehabilitated Rehabilitated Rehabilitated buildings— Rehabilitated
apartment
buildings-550g buildings-550 550 buildings-550
unit size Non-elderly and Non-elderly and Non-elderly and elderly Non-elderly and
(square feet)
elderly low and elderly low and low and moderate income elderly low and
moderate income moderate income housing-400. moderate income
housing-400. housing-400. f housing-400.
C 3 F s
Minimum floor area per hotel unit 15%=300-335 square feet; 85%= 335+square feet in all
(square feet) districts.
Minimum parking requirements Pursuant to chapter 130 and section 142-702 requirement.
Minimum off-street loading Pursuant to chapter 130.
Signs Pursuant to chapter 138.
Sec. 142-701. - Residential limited mixed use performance standards.
Residential limited mixed use performance standards shall be as follows:
...__ _ ..»...._..._._w._.�........ ...._.�._...�..ww�.,�.. .�.__.�...�..,.......,.......,,..y.,..........mixed Subdistricts
..w..�....W..»�..�.. ,. .»�..._..�.....,.__�....._._, ...»....m._.._.�. �.. .,..
Performance Standard RM-PS1
� p
Minimum site area 120,000
.......W...__.__..�. .�w»».�._.w_.w......_�..�...WW...,W�..��..��.�.�.�_..... .,..,.r_r......».....,....w.�.__.�._... �..�...�.....�_.,.__. .»�m.._.�._................».......W....�.,»..w.:�....._...�,....�..,,�......W..W..W..._..�.�..�..y__...w ......_..n....._.....,.�...».., . ....�..�....
Minimum site width 350 feet
Required open space ratio 0.60
Maximum building height 60 feet above ground or above enclosed parking
, y
17 of 21
Maximum number of stories 6 stories above ground or above enclosed parking
.�......__... .�.�....._.��.r.��.�............�.M��.m,�. :r..,r.m�: :�..._..�..�..�.,.�..,.rv.�,.rv..rv..�,.r.,m�.�.m�.....mm�..�rv...,.rvw,h.rv,.�.�r.m.�m.rvrv�.r..mrv.:..........,�.......�W..W_. .�.....�.�.W�.�.�....�.W._,rr�y_.�:_�.w.:..:�....:�.r.�.....:.. �..: _.��.....�.........., ,.�..w��mm.,..m..M....mm,,...m�.�.�m.�.�_...
Maximum floor area ratio 1.5
� .m..rv...Mmmm�m .. ... m.,�.�,.�.....�..W�.�..r,...�. ....d:,�..�w...,�,..�,.n�......�.,m�.�
600
Minimum floor area per apartment unit
(square feet) Non-elderly and elderly low and moderate income
housing-400.
.m,.rvm.m.....,rv.,.....................................rvM...rv..,.,.m...r�rv.,.r,.rr.....,�..�.�...mm.,.r...rvm,rm.,.m..... .W..�.�.�..�..,.�.�.�.�..�.....,.�.�...��.w�...�.�. ..�.. �...�.�._T.Mm......._.�.�...m�.m�..m.........�...�..�,.nmr..,....,..,.r,..rvrvrv.�...m��.mr.....m....�mm.�...,.�....m. ,mrv... mm��.r..._. _.�....Ww�..Y.�,�.,�.�.W�..�.,�.�...w�_...�
1,000
Minimum average floor area per apartment
unit(square Non-elderly and elderly low and moderate income
feet) °
housing-400.
. .�... ...�..� .�:�.rv�,�.��.,..� .m..�w. m�.���. �.�,.._�.._M�r.............m�....mry rr. .....,rv...rv..m.r.,,.�....�...,�.r�m,rm.m..�..�. ,
Minimum floor area per hotel unit(square
N/A
feet)
_.�..W.rvrv..m........rv.,.rv.,n.m..,..rvrm.n..,ry m,,.m mW. .w, .. .wmmm� _ ,..m�....n.,,,,m......mmw.m. .m.. ..._....rv......
Pursuant to chapter 130 and subsection 142-706(c)
Minimum parking
requirement herein
_ _ .,.�...rv....�.m�.�
Minimum off-street loading Pursuant to chapter 130, article IV
p
' 'x..,m�:.,.....m_»mmwmwww.m.r.,hw.v.w..mm+r.r...mwr...r.......n.nm.r...w.....«.......................................:.....:...:�w.0,......:,.:,..'.',......:.......n,.:..........:....o.........,.........<,,.......�
...,-..,x..,,.wmr.m,,.,....�wr.....mv....m.,.mmw.new.m,.mrnm.,,..v.nxmmhn.mr.amxr.,w.mnn...mxn..mnmm...x..,w.r. ..,...w..,w..........�..................�........o....,,......,.,.._ ........,..u....,.ww....w...w......v,..�u...........W.....,.w......,...,....,,....w..».+....,...... ...w...,..,.r..,.......,....�.......n.........,w.w.w...nw..w,wrm.,,v.�hr,vwmr
Signs Pursuant to chapter 138
.._..�...w._.�.�.�.���w��m:w�..�:�.�,.�.�m.W.�...W._...�......o:.........:.rv,.....m.�. .�..�.�..��.�.rr .�...�.�u�.�. .�..r".:.�:.��.......m..._.mm.�......M ....�.mµrm,...�, mrvr.,...�...r..,rv. r.rv.m.��,WrrW�.�.:...:.,.,o.....,.,...........,.m...w......:.�....rv.m,..�.....,mrmM....,�r.., ...�._r~..r�.�.�..��......�.�.�.:.w......�_�..�_..
Suites hotel N/A
SECTION 13. Chapter142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 20, "TC North Beach Town Center Districts," is hereby amended as follows:
Sec. 142-737. - Development regulations.
(a)The development regulations in the TC-1, TC-2 and TC-3 town center districts are as follows:
.,..,,..,.,,.�,...w.,.,..w...,.,.............w. .._ ..w.W.wW.......,:m�.M..�,..w.,,.... ..,._.,,,.,�...,.,,,........,...m.,,,,,.m,,...,w.,..,,,,.....,,.. ..,., ,W...........,.,.m,,,,,,,,,,,,,,,,.,r.....,,,,,m.,,,.,....,...,.......,mr....,�.,..,,..,r,..rw.............,....,...,.,�....,.,.,.....,..y
Minimum Lot Minimum Lot I Minimum Apartment x Average Apartment Unit
District
Area Width Unit Size (square feet) Size (square feet)
W�.,W__.rw...r..,�m.�..r~.�..._.��..�.�.�.�W�.. __��.wr.��. ....�..�...............�..�.._..rw,..__.�.�.. , w.. ,�..�..._.�..m..�...,� ........ ......., ...,. . ..,...............w.�.,�..�w�...�.....w._.r..�.. ..��.�.�ww.�...�........r...r..m._.._.,.......�.wr .�.�...�rw,.�.... � ...._�.�
TC-1 Town Commercial— [Commercial—
Commercial—N/A
Commercial—N/A
Center Core None None
{ ` 3
18 of 21
TC-2 Town '
Residential— Residential—
Center Mixed- t New construction-550 New Construction-800
6,250 sq.ft. 50 feet
use
��..,,waw.,.,,...,�.�..�..,.,.�.,,..,.�..�,����... w...�_�..��..:. .�..,Y��..�W..�_..���.WW.�....�.w�..k ...�w�.,..�,w.,..�..��._�..._u.�µ..��.�.._.�...�.�..�....� .........h.,..,�.,.,..,�.... ��,M.,..,.w..���.K .�.��..�,�.....m_m.�...�.. .�.. .....�.�,.�.w..._�.�w....�.�.�.� �...,�,,....�.�....�.,�_�..�.. ..�;
z t
Rehabilitated building— Rehabilitated building-
400 No minimum
Elderly housing—See
Section 142 1183 Elderly housing—Sem
TC-3 Town section 142 1183
-Non-elderly and elderly
Center s -Non-elderly and elderly
low and moderate
Residential t —
income housing 400. low and moderate
Office
income housing-400.
�������•� • •� Hotel units
15%: 300-335 Hotel units—N/A
85%: 335+
SECTION 14. Chapter142, "Zoning Districts and Regulations,"Article IV, "Supplementary District
Regulations," Division 6, "Housing for low and/or moderate income non-elderly and elderly
persons," is hereby amended as follows:
- e - - ► - ' ► ► ► i ►i O P — • ►t a ► a ! A
ELDERLY PERSONS
Sec. 142-1181 — 142-1184. Reserved.
Sec. 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-
Sec. 142-1182. -Definitions:
The following words, terms and phrases, when used in this division, shall have the
different meaning:
Elderly person means 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.
19 of 21
Elderly household means 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 is 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 low and/or moderate in-come elderly is not homes or institutions for the aged,
+warily assisted Living facilities, convalescent or nursing homes.
Low income means households whose i-noes do not exceed 50 percent of the median
income for the area as determined by the U.S. Department of Housing and Urban
Development.
Moderate income means households whose incomes are between 51 percent and 80
percent of the median income for the area as determined by the U.S. Department of Housing
Sec. 142-1183. -
•- "•-•-- .. -• - •- . • + • .+ •a •.a • • - -e • ..•a- - •--e"-
non-elderly and elderly housing meeting the mandatory criteria of section 142-1184 shall be
. -. a• • -. e.• a•aa . .- • .- - .a.. -. .- i II - -- .
--
-e - ••a - •a - •- - ••a ! "-e-• a. • --• •a• - .•a -. • "'me . • .•a•
and uses, with the exception of unit size, which shall be governed by this section.
Sec,142-4484,- . .
Developments qualifying for the minimum and average unit size under this division shall
as-- • •- • • •• "- me- • • -
(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
(3) At the time of development review, the property owner shall submit a statement of
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
•• _. . •- • a- - • •-a . a- • . a • • • 11• aa• . -- -e-a --
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
reg-ulations 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
20 of 21
with all applicable development regulations existing at the time of the proposed
change, including, but not limited to, mi and average unit sizes and parking
requirements.
SECTION 15. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 16. 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 re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 17. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 18. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 18th day of October 2017.
ATTEST: tc
..„14
hilip Mayor
4
'‘,
..........
.40 d
• y
•
Ra'ael Granado, City Clerk Vi. µ •
First Reading/Transmittal: I 2-G,2017.112 ' kk� � E\�
y APPROVED
AS TO
Second Reading/Adoption: `0 b \1 l FORM &
� LANGUAGE
/t,
• 3 EXE
FUTION
Verified By: �. << s `4' r '44-7
Tho as R. MooneY7',,‘147,, rr,� City Attorney '"""mm. •
Planning Director Dote
1 I
Underline = new language
= deleted language
(Sponsored by Commissioner John Elizabeth Aleman; Co-sponsored by Commissioner Joy
Malakoff)
T:\AGENDA\2017\10-October\Planning\AFFORDABLE HOUSING Parking and Unit Size-Second Reading ORD.docx
21 of 21
Ordinances - R5 M
AA I AM I BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 18, 2017
5:03 p.m. Second Reading Public Hearing
SUBJECT: AFFORDABLE HOUSING UNIT SIZE AND PARKING REQUIREMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS; BY AMENDING CHAPTER 58, "HOUSING," BY ESTABLISHING
ARTICLE V, "HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY
PERSONS"; PROVIDING CODIFICATION; BY AMENDING CHAPTER 114,
"GENERAL PROVISIONS," AT SECTION 114-1, "DEFINITIONS," TO ESTABLISH
BY REFERENCE TO CHAPTER 58, "HOUSING" DEFINITIONS FOR NON-
ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY
AMENDING CHAPTER 130, "OFF-STREET PARKING," AT 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, 4, 5, 6, AND 7," BY AMENDING THE PARKING
REQUIREMENTS FOR LOW AND/OR MODERATE INCOME NON-ELDERLY AND
ELDERLY PERSONS; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," 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," DIVISION 13, "MXE MIXED USE ENTERTAINMENT
DISTRICT," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," DIVISION
20, "TC NORTH BEACH TOWN CENTER DISTRICTS," BY STRIKING ALL
REFERENCE TO SECTION 142-1183 ENTITLED "UNIT SIZE" AND CREATING
NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR NON-ELDERLY
AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING
ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING
DIVISION 6, "HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY
PERSONS," BY STRIKING THIS DIVISION; PROVIDING CODIFICATION;
REPEALER; SEVERABILITY;AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
Page 552 of 1633
BACKGROUND
On January 25, 2017, the City Commission held a workforce and affordable housing workshop. As part of this
workshop, the Commission recommended that the following matters be referred to the Land Use and Development
Committee for discussion and recommendation:
1. The requirements of Miami-Dade County for municipalities to establish workforce housing action plans;and
2. Applicable Comprehensive Plan Amendments and potential incentives, as it pertains to workforce housing in
the City.
On February 15, 2017, the Land Use Committee discussed these items and recommended that the following
amendments to the Comprehensive Plan and Land Development Regulations be referred to the Planning
Board:
1. Amend the Comprehensive Plan to reduce the goal of workforce and affordable units from the current 16,000
to 6,300,as well as amend applicable objectives, policies and goals related to maximum densities.
2. Amend the Land Development Regulations to provide minimum and average unit size reductions for workforce
and affordable housing projects.
3. Amend the Land Development Regulations to provide required off-street parking reductions for workforce and
affordable housing projects.
On March 1, 2017, at the request of Commissioner John Aleman, the Mayor and City Commission referred
the subject items to Planning Board.
There are two companion items related to this item, which include a comprehensive plan amendment, as well
as similar requirements and incentives in the Land Development Regulations for workforce housing.
PLANNING ANALYSIS
The City Code contains policies intended to facilitate development of affordable housing for low and/or moderate
income elderly persons. The initial regulations adopted in 2008 reduced 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.
In 2011,the Code was further modified to extend these policies to affordable housing projects certified for low and/or
moderate income non-elderly persons. The minimum unit size was set at and 400 square feet for rehabilitated
buildings and 550 square feet for new construction.
Currently, the development regulations for affordable low and/or moderate elderely and non-elderly persons is
contained within Article IV, Division 6,"Housing for Low and/or Moderate Income Non-elderly and elderly persons,"of
the Land Development Regulations. This Ordinance proposes to relocate this to the housing division under Chapter
58,"Housing".
In order to further facilitate the construction of affordable housing, this ordinance reduces the minimum and average
unit size to 400 square feet across all zoning districts within the City where multifamily residential units are allowed. It
also reduces the parking requirements from 0.5 to zero (0)for elderly housing, and from 1 (one)to 0.5 for low and/or
moderate income non-elderly persons. It also would allow the number of affordable housing units on a site with an
existing building to be increased (both within an existing building, and within any new construction on site), with no
additional parking requirements.
City Charter Issues
The request for modifications to the minimum unit size requirements is consistent with City Charter Section 1.03 (c),
related to FAR,which partially states the following:
Page 553 of 1633
The floor area ratio of any property or street end v ithin the City of Miami Beach shall not be
increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on
the date of adoption of this Charter Amendment(November 7, 2001), including any limitations on
floor area ratios Mich are in effect by virtue of development agreements through the full term of
such agreements, unless such increase in zone floor area ratio for any such property shall first be
approved by a vote of the electors of the City of Miami Beach.
While the proposed ordinance increase the allowable density for affordable housing, increased density does not
equate to increased FAR. While FAR results in the amount of square footage that can be constructed, density
relates to the number of units per acre that can be constructed. Density, therefore relates to the number and size of
units permitted within the allowable square footage.
PLANNING BOARD REVIEW
On May 23, 2017, the Planning Board discussed the item and continued it to June 27, 2017. The Planning Board
transmitted the proposed Ordinance to the City Commission on June 27,2017,with a favorable recommendation.
UPDATE
The subject Ordinance was approved at First Reading on July 26, 2017, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman & Co-sponsored by Commissioner Joy Malakoff
ATTACHMENTS:
Description
a Form Approved Ordinance-Affordable Housing
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Page 554 of 1633
12NE 1 'NEIGHBORS THURSDAY OM S
MEAMIHERAIDLOM
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE LAND DEVELOPMENT
REGULATIONS PERTAINING TO AFFORDABLE H'
HOUSING UNIT SIZE AND PARKING REQUIREMENTS
I
October 18 2017
• - • •
NOTICE IS HEREBY given that a Second Reading Public Hearing will be heard by the Mayor and
City Commission of the City of Miami Beach,Florida.in the Commission Chamber,3rd Floor,City Hall,
1700 Convention Center Drive,Miami Beach, Florida,on October 18, 2017 at 5:03 p.m..or as soon
thereafter as the matter can bo hoard,to consider:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS; BY AMENDING CHAPTER 58,
"HOUSING,' BY ESTABLISHING ARTICLE V, "HOUSING FOR LOW AND/OR MODERATE INCOME
ELDERLY PERSONS"; PROVIDING CODIFICATION; BY AMENDING CHAPTER 114, "GENERAL
PROVISIONS," AT SECTION 114-1, "DEFINITIONS,"TO ESTABLISH BY REFERENCE TO CHAPTER
58, "HOUSING" DEFINITIONS FOR NON-ELDERLY AND ELDERLY LOW AND MODERATE INCOME •i
HOUSING; BY AMENDING CHAPTER 130, "OFF-STREET PARKING," AT 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, 4, 5, 6, AND
BY AMENDING THE PARKING REQUIREMENTS FOR LOW AND/OR MODERATE INCOME NON-
ELDERLY AND ELDERLY PERSONS; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS,"ARTICLE II, "DISTRICT REGULATIONS," 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,"DIVISION 13."MXE MIXED USE ENTERTAINMENT DISTRICT,"DIVISION
18,"PS PERFORMANCE STANDARD DISTRICT," DIVISION 20, "TO NORTH BEACH TOWN CENTER
DISTRICTS," BY STRIKING ALL REFERENCE TO SECTION 142-1183 ENTITLED "UNIT SIZE" AND
CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR NON-ELDERLY AND
ELDERLY LOW AND MODERATE INCOME HOUSING:BY AMENDING ARTICLE IV,"'SUPPLEMENTARY
DISTRICT REGULATIONS," BY AMENDING DIVISION 6,'HOUSING FOR LOW AND/OR MODERATE
INCOME ELDERLY PERSONS,"BY STRIKING THIS DIVISION;PROVIDING CODIFICATION;REPEALER;
SEVERABILITY;AND AN EFFECTIVE DATE.
This Orclinanoe is being heard pursuant to.Seclion116-164 a the City`z Land Development Code;Sec;tion
2_05 ofthr,, City Chartt3r and§1,56_041 FS, in,7cdries mc,,y ciirected to the Ptrinning 0+par1ment fl
305.673.7550,
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,cio the City Clerk, 1700 Convention
Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This item is available for public
inspection during normal business hours in the Office of the City Clerk Office, 1700 Convention Center
Drive, l'''Floor,City Hall, Miami Beach,Florida 33139.This item may be continued,and under such
circumstances,additional legal notice flood not be provided.
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 alternate format, sign language interpreter (five-day notice required),
information on access for persons with disabilities,and/or any accommodation to review any
document or participate in any City-sponsored proceedings,call 305.604.2489 and select 1 for English
or 2 for Spanish,then option 6:TTY users may call via 711 (Florida Relay Service).
Rafael E.Granado,City Clerk
City of Miami Beach
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