2017-4149 Ordinance WORKFORCE HOUSING PARKING AND UNIT SIZE REQUIREMENTS
ORDINANCE NO. 2017-4149
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING SUBPART A — GENERAL
ORDINANCES, OF THE CITY CODE, BY AMENDING CHAPTER 58
"HOUSING", BY CREATING ARTICLE VI, ENTITLED "WORKFORCE
HOUSING;" SECTIONS 58-500 THROUGH 58-510; PROVIDING FOR
DEFINITIONS, AND INCENTIVES TO PROVIDE WORKFORCE HOUSING;
ELIGIBILITY FOR TENANCY, ENFORCEMENT, AND PENALTIES; 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 ESTABLISHING
PARKING REQUIREMENTS FOR WORKFORCE HOUSING UNITS; 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 CREATING NEW MINIMUM AND AVERAGE
APARTMENT UNIT SIZES FOR WORKFORCE HOUSING UNITS;
PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, City of Miami Beach desires to create a program to promote the construction
of housing affordable to households with incomes at or below 140% of the area-wide median
income; and
WHEREAS, 51 percent of the City households are paying more than 30 percent of their
income towards housing; and
WHEREAS, 20 percent of all homeowners on Miami Beach are paying 30 percent to 49.9
percent of their household income for housing; and
WHEREAS, 26 percent of all renters are paying 30 percent to 49.0 percent of their
household income for housing; and
WHEREAS, 29 percent of all renters are paying 50 percent or more of their household
income for housing; and
WHEREAS, the construction of workforce housing is intended to: (1) allow households
with incomes at or below 140 percent of the area-wide median income to have greater housing
choices in the City; (2) increase the availability of housing in the City for public employees and
other workers whose income cannot support the high cost of housing that is located close to their
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workplace and who, as a result, are increasingly priced out of housing opportunities; (3) assist
City employers in reducing critical labor shortages of skilled and semi-skilled workers by providing
housing that will be accessible to the worker's workplaces; and (4) reduce traffic congestion by
shortening commute distances for employees who work in the City but who otherwise would live
elsewhere and encouraging more employees to live in the city, rather than commute in; and
WHEREAS, the single most important step the City can take to make housing cost less
for most people is to change city land development regulations to allow more affordable and
workforce housing to be built; and
WHEREAS, there are often market barriers to the construction of housing; and
WHEREAS, the City and State of Florida do not have a permanent source of affordable
housing subsidy, and the elimination of redevelopment agencies has reduced what was the
primary source of funding in the state; and
WHEREAS, the City seeks to increase the supply of both low-income and moderate-
income housing; and
WHEREAS, housing units that are "affordable by design" represent an underappreciated
component of the region's housing market; and
WHEREAS, these are units that cost less because they are small, efficiently designed
and, in many cases, don't come with a parking space; and
WHEREAS, the City desires to make a few key changes to planning and building codes
to enable the construction of these "naturally affordable" unsubsidized units; and
WHEREAS, parking structures are expensive to build, if the City requires less parking, the
City we could see both reduced housing prices and a more efficient use of urban land; and
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
WHEREAS, the City recommends decoupling the cost of parking from the cost of the
housing unit so residents can make their own decisions about whether to spend money to buy a
parking space or not; and
WHEREAS, the City intends to grow the market for car sharing and bicycle infrastructure
which enable people full mobility without owning (and parking) a car as a key strategy to
bring down the effective cost of housing; and
WHEREAS, charging developers fees on new housing can support some wonderful
things: new parks, infrastructure, community facilities and affordable housing; and
WHEREAS, the City seeks to reduce building and land development fees for processing
and approving workforce housing projects.
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NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 58, entitled "Housing,"is amended to create Division VI, entitled"Workforce
housing," as follows:
CHAPTER 58
HOUSING
* * *
DIVISION VI. —WORKFORCE HOUSING
Sec. 58-500. - Purpose.
The purpose of this chapter is to enhance the public welfare by ensuring that the housing needs
of the city are addressed. The city finds that there is a critical shortage of affordable and
workforce housing, making residency on Miami Beach by the majority of city resident workers
extremely difficult, and creating a shortage of affordable rental units. The resident workforce is
leaving the city in search of affordable housing, and new employees are being deterred by the
high cost of living. To maintain a sufficient resident workforce in all fields of employment, and
to ensure the public safety and general welfare of the residents of the City, resident workforce
housing needs must be addressed. It is the intent of this division to encourage the provision
and maintenance of residential workforce housing units, for rental, to meet the needs of income-
qualified households for city employees, the general workforce in the city, and students.
Sec. 58-501. Definitions.
The purpose of this division is to create administrative procedures for the implementation of the
city's "Workforce Housing Development Program."
Area median income means the median income level for the Miami-Dade County Metropolitan
Statistical Area, as established and defined in the annual schedule published by the Secretary
of the U.S. Department of Housing and Urban Development, and adjusted for household size.
Certificate of qualification means a certificate issued by the city administration establishing a
qualified household's eligibility to purchase or rent a workforce housing unit. Certificates of
qualification shall be valid for 12 months. The certification criteria shall be set forth below.
Control period means each 20-year period during which the affordability restrictions imposed
by this division shall apply. The control period begins at the time of any sale or resale of the
affected unit.
Covered development means all developments providing workforce housing units pursuant to
this division.
Department means the city's department of housing, or any successor department.
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Developer means any person, firm, corporation, partnership, limited liability company,
association, joint venture, or any entity or combination of entities that apply for development
orders or permits for residential dwelling units for workforce housing purposes as defined in this
division.
Eligible household means, subject to the provisions of this division, a household whose total
income is between 65 and 140 percent of area median income.
Eligible household income means any income derived from any proposed occupants of a
workforce housing unit who are 18 years of age or older and who will use the workforce housing
unit as their primary residence.
Household means any natural person who occupies a workforce housing unit as his or her
primary residence.
Market rate dwelling units means all dwelling units in a covered development that are not
workforce housing units as defined herein.
Qualified household means an eligible household that has received a certificate of
qualification from the department.
Workforce housing unit rent or workforce housing unit rent means rents that do not exceed the
maximum monthly rent limits as determined for Miami-Dade County by the U.S. Department of
Housing and Urban Development in its annual income limits and rent limits and as used by
Florida Housing Finance Corporation for its multifamily rental programs (published annually at
http://www.floridahousing.org), and established at 65% up to 140% of the median family income.
Sec. 58-502 Reserved.
Sec. 58-503. Workforce housing requirements
(a) Workforce housing declaration of restrictive covenants and workforce housing agreement
shall comply with the following housing requirements:
(1) A workforce housing unit shall be offered for rental solely to a qualified household
to be used for his or her own primary residence. The city, shall establish by resolution a
pricing schedule of rental prices for workforce housing units in accordance with this
division.
(2) Any developer or other property owner offering a workforce housing unit for rental
shall record in the public records one or more covenants or declarations of restrictions
in a form approved by the city attorney. Such covenants or declarations of restrictions
shall include the workforce housing unit agreement, and such further arrangements,
restrictive covenants, and rental restrictions as are necessary to carry out the purposes
of this division. The developer or other property owner must execute and record a
declaration of restrictive covenants assuring that:
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A) The restrictions of this division shall run with the land for the entire control
period of 20 years;
(B) The covenants will bind the applicant, any assignee, mortgagee, or buyer, and
all other parties that receive title to or interest in the property. These covenants
shall be senior to all instruments securing permanent financing.
(b) Upon the expiration of the control period the city shall record in the public records of
Miami-Dade City an instrument or document releasing the workforce housing unit from the
restrictive covenant required by this program.
(c) The covenants recorded by each developer or other property owner of workforce housing
units shall state in said covenant that the unit is subject to the following provisions:
(1) The covenants shall be senior to all instruments securing permanent financing, and
shall bind all assignees, mortgagees, purchasers and other successors in interest.
(2) No sale, transfer or foreclosure shall affect the validity of the covenants except as
expressly set forth in the provisions of this division.
(3) An owner of a residential workforce housing rental development intending to sell the
development shall notify the department in writing prior to the closing of the sale, and shall
provide documentation to the department that the prospective new owner acknowledges
and is aware of the terms conditions and restrictions encumberin. the develoment as
set forth in this division.
4) Any workforce housing unit offered for rent under this division must not be rented for 20
years after the date of original rental at a rent greater than the rent allowed for workforce
housing units under this division and applicable regulations. Rent does not include utilities
when they are paid by the tenant. Different rents must be set when utility costs are paid by
the owner and included in the rent. During the applicable control period, a workforce housing
unit must only be rented to an individual with a household income that does not exceed the
limits set under this division.
Sec. 58-504. Eligibility of households for workforce housing units.
(a) Eligibility, generally. Eligibility for rental of workforce housing units shall be determined
pursuant to an implementing order approved by the city commission and shall be based on
household size and income. An eligible household must receive a certificate of qualification from
the City to become a qualified household for a workforce housing unit, in accordance with the
procedures prescribed by the implementing order. Eligibility for continued rental of a workforce
housing unit shall be contingent upon the qualified household's use of the workforce housing
unit as its primary residence. A qualified household that leases a workforce housing unit and
that discontinues occupancy of the unit as its primary residence shall be required to vacate said
unit.
(b) Specific eligibility criteria:
(1) Be a citizen of the United States or a permanent resident alien.
(2) Be eighteen years of age or older.
(3) Have a gross annual household income (not to include the income of minors)
which does not exceed 140 percent of the city's area median income as established by
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HUD, or as adjusted by the city. Initial determination for compliance with the maximum
gross annual family income provision shall be made by the developer, its partner, or its
management company for the lease of residential workforce housing units. Final
determination for compliance with the maximum gross household annual income provision
shall be made by the property owner/developer, and reviewed by the city prior to execution
of the leasehold agreement.
(4) Eligibility preference for applicants who work for the city or have received a job
offer with the city.
(5) An Applicant may have assets that do not exceed 140 percent of the city's area
median income as established by HUD, or as adjusted by the city. Assets shall include all
cash, securities, stocks, bonds and real property. Real property shall be valued at fair
market value less liabilities on such real property.
Sec. 508-505. Affordability controls.
Ia) Initial rental.
(1) Every workforce housing unit established under this division and pursuant to the land
development regulations, shall be offered for rental to an eligible household to be used for
his or her own primary residence.
(2) Sixty days prior to offering any new workforce housing unit for rent, the developer or
other property owner shall notify the City of such offering. The notice shall set forth the
number, size, price established by applicable implementing order, and location of the
workforce housing unit offered and shall provide a description of each workforce housing
unit's finishes and availability. The Department may request additional information from
the developer or other property owner as it deems necessary.
13) Upon re-rental of a workforce housing unit, each qualified household must first obtain
a valid certificate of qualification from the prospective eligible household.
(b) Rental workforce housing unit requirements.
(1) All qualified households must be provided a lease with a minimum period of twelve
(12) months. The lease must comply with all applicable federal and state laws. The lease
shall include without limitation provisions that specify the maximum household size
allowed in the unit; a prohibition against subleasing; and a requirement that the qualified
household shall report any changes in household size or income during the tenancy.
Qualified households shall comply with all monitoring requirements established by the
Department. Rent shall be consistent with the rental calculation provided by the city as to
what qualifies as affordable workforce housing rent.
(2) If a qualified household's income increases above the maximum allowed income
levels, the qualified household may choose to remain in the workforce housing unit for the
remainder of the lease term. If the formerly qualified household and the developer or other
property owner agree to extend the lease term, the developer or other property owner
shall make the next comparable vacant unit at the covered development available to an
eligible household at the workforce housing unit rent.
13) A tenant that has produced fraudulent income information for the household shall be
subject to eviction pursuant to the leasehold. Eviction shall be mandatory if the tenant
household income exceeds the thresholds for workforce housing unit purposes.
(4)Timing of completion. Residential workforce housing units shall be made available for
occupancy either prior to or concurrently with market rate units at the same ratio required
of the development. Certificates of occupancy shall not be issued and/or final inspections
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shall not be passed for the market rate units unless certificates of occupancy are issued
and/or final inspections are passed for the residential workforce housing units concurrently
or sooner.
(5) Annually, the developer/property owner shall provide to the city proof of the continued
workforce housing eligibility of the proposed tenant. If the department determines an
eligible household qualifies for the rental the department will issue a certificate of
qualification. In order to receive a certificate of qualification, an eligible household must
provide an affidavit that the workforce housing unit will be its primary residence.
(c) City responsibilities. The city shall:
(1) Annually, set the maximum annual rent limits, and rent ranges
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(2) Annually review leaseholds for compliance; and
(3) Enforce provisions of division.
Sec. 58-506. Enforcement.
fa) Violations of this division by the developer or property owner shall be subject to the
following fines. The special master shall not waive or reduce fines set by this division.
1) If the violation is the first violation of an administrative violation Warning issued
2 If the violation is the fir4t second violation ', 2 500.00
(3) If the violation is the secenel third violation within the preceding
18 months $ 7,500.00
4 If the violation is the t=14ir4 fourth violation within the •recedin•
18 months $12,500.00
5 If the violation is the foofth fifth or .reater violation within the
preceding 18 months $ 20,000.00
(6) Fines for repeat violations shall increase regardless of location.
fb) Violations of this division by the tenant shall result in termination of the leasehold, upon
15 days written notice. Landlord shall be entitled to evict the tenant and seek all damages
under law from the tenant.
(c) In addition to or in lieu of the foregoing, the city may seek an injunction against activities
or uses prohibited under this division. The city may take legal action to stop or cancel any transfer
of a workforce housing unit if any party to the transfer does not comply with all requirements of
this division, and or seek enforcement of any covenant signed or order issued under this
division. The city may recover any funds improperly obtained from any sale or rental of a
workforce housing unit in violation of this division, plus costs and interest at the rate prescribed
by law from the date a violation occurred.
(d) Any city police officer or code compliance officer may issue notices for violations of this
division, with alternative enforcement as provided in section 1-14 and chapter 30 of this code.
Violations shall be issued to the homeowner, and/or to any realtor, real estate agent, real estate
broker, tenant or any other individual or entity that facilitates or organizes the prohibited activities.
In the event the record owner of the property is not present when the violation occurred, a copy
of the violation shall be provided to such owner.
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(e) The city manager or designee may adopt administrative rules and procedures to assist in
the uniform enforcement of this division.
(f) No variances shall be granted from this division. The provisions of this division shall apply
to all agents, successors and assignees of a qualified household.
SECTION 2. Section 130-32, "Off-street parking requirements for parking district no. 1," is
amended as follows:
Sec. 130-32. Off-street parking requirements for parking district no. 1
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:
* * *
(6B) Workforce housing shall have the same parking requirements as specified in section
130-32(6), above, or alternatively, 0.5 parking spaces per unit, whichever is less.
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.
* * *
SECTION 3. 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:
* * *
(IB) Workforce housing shall have the same parking requirements as specified in section
130-32(6), or alternatively, 0.5 parking spaces per unit, whichever is less. 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.
* * *
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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.
* * *
(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 MinimumAvera a Maximum Maximum
Lot Area Lot g Building
(Square Width Unit Size Unit Size Height Number
Feet) (Feet) (Square Feet) (Square Feet) of Stories
(Feet)t)
New construction-550
Non-elderly and elderly low and
moderate income housing; See section
142-1183
Workforce housing-400
Rehabilitated buildings-400
Hotel units:
15%: 300-335
85%: 335+ New construction-800 Historic Historic
For contributing hotel structures, located Non-elderly and elderly district-40 district-4
within an individual historic site, a local low and moderate income Flamingo Park Flamingo Park
historic district or a national register housing:See_section Local Historic Local Historic
district,which are renovated in 142-1183 District-35 District-3
5,600 50 accordance with the Secretary of the (except as as
provided in (except
Interior Standards and Guidelines for the provided in
section 142-
Rehabilitation of Historic Structures as Workforce housing-400 1161) section 142-
amended, retaining the existing room Rehabilitated buildings— Otherwise1161)
—
configuration and sizes of at least 200 550 50 Otherwise-5
square feet shall be permitted.
Additionally,the 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 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:
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Sec. 142-217. -Area requirement
The area requirements in the RM-2 residential multifamily, medium intensity district are as
follows:
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot g Building
(Square Width Unit Size Unit Size Building
Number
Feet) (Feet) (Square Feet) (Square Feet) Heightof Stories
(Feet)
Historic district— Historic district-5
50(except as (except as
provided in section provided in section
New construction-550 142-1161) 142-1161)
Non-elderly and elderly low and Area bounded by Area bounded by
Indian Creek Dr., Indian Creek Dr.,
moderate income housing:See section Collins Ave.,26th Collins Ave.,26th
142-1183 St., and 44th St.— St.,and 44th St.-
75 8
Workforce housing-400 Area fronting west Area fronting west
Rehabilitated buildings-400 side of Collins side of Alton Rd.
Hotel units: New Ave. btwn. 76th St.between Arthur
15%: 300-335 construction-800 and 79th St.-75 Godfrey Rd.and
85%:335+ Non-elderly and Area fronting west W.34th St.-8
For contributing hotel structures, elderly low and side of Alton Rd. Area fronting west
located within an individual historic site, moderate income between Arthur side of Collins Ave.
a local historic district or a national housing:See Godfrey Rd. and btwn. 76th St.and
W.34th St.-85 79th St.-8
register district,which are renovated in section 142-1183
7,000 50 accordance with the Secretary of the Otherwise-60 Otherwise-6
Interior Standards and Guidelines for Lots fronting Lots fronting
the Rehabilitation of Historic Structures Workforce housing Biscayne Bay less Biscayne Bay less
as amended, retaining the existing -400 than 45,000 sq. than 45,000 sq.
room configuration and sizes of at least Rehabilitated ft.-100 ft.-11
200 square feet shall be permitted. buildings-550 Lots fronting Lots fronting
Additionally,the existing room Hotel units—N/A Biscayne Bay over Biscayne Bay over
configurations for the above described 45,000 sq.ft.-14045,000 sq.ft.-15
hotel structures may be modified to Lots fronting Lots fronting
address applicable life-safety and Atlantic Ocean Atlantic Ocean
accessibility regulations,provided the over 100,000 sq. over 100,000 sq.
200 square feet minimum unit size is ft.-140 ft.-15
maintained,and provided the maximum Lots fronting Lots fronting
occupancy per hotel room does not Atlantic Ocean Atlantic Ocean
exceed 4 persons. with a property line with a property line
within 250 feet of within 250 feet of
North Shore Open North Shore Open
Space Park Space parking
Boundary-200 Boundary-21
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.
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* * *
(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
g Maximum iM
Lot Area Lot Building er
(Square Width Unit Size Unit Size Height Number
Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories
New construction-550
Non-elderly and elderly low and
moderate income housing; See
section 142-1183
16
Workforce housing-400 Oceanfront
Rehabilitated buildings-400NeW lots-22
Hotel units: 150 Architectural
15%:300-335 construction-800 dist.: New
85%:335+ Non-elderly and
elderly low and construction—
For contributing hotel structures, Oceanfront lots-200 13;ground
located within an individual historic moderate income floor additions
site,a local historic district or a housing; See (whether
national register district,which are section 142-1183 Architectural dist.: New attached or
7,000 50 renovated in accordance with the construction-120; detached)to
Secretary of the Interior Standards and ground floor additions existing
Guidelines for the Rehabilitation of Workforce (whether attached or structures on
Historic Structures as amended, housing-400 detached)to existing oceanfront
retaining the existing room structures on oceanfront lots-5
configuration and sizes of at least 200 Rehabilitated lots-50(except as (except as
square feet shall be permitted. provided in section 142- provided in
Additional) the existingbuildings-550 1161)
y' room Hotel units—N/A section 142-
configurations for the above described 1161)
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 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:
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Maximum Minimum Minimum Minimum Apartment Average Apartment Maximum Maximum
Floor Lot Area g p Building
Area (Square Lot Width Unit Size Unit Size Height Number
Ratio Feet) (Feet) (Square Feet) (Square Feet) of Stories
(Feet)
Commercial—N/A Commercial—N/A
New construction— New construction-
550 800
Rehabilitated Rehabilitated
buildings-400 buildings-550
Non elderly and Non-elderly and
Commercial Commercial elderly low and elderly low and
—None —None moderate income moderate income 4(except as
1 housing;See section housing; See 40(except as provided in
0 142-1183 provided in section
section 142-1183 142-1161) section 142-
Residential Residential 1161)
—5,600 —50
Workforce housing- Workforce housing
400 -400
Hotel unit:
15%:300-335 Hotel units—N/A
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 Apartment Average Apartment Maximum
Maximum
Floor Lot Area Lot Width Unit Size Unit Size Building Number
Area (Square (Feet) (Square Feet) Height
Ratio Feet) ( q (Square Feet) (Feet) of Stories
50(except as 5(except as
Commercial Commercial Commercial—N/A Commercial—N/A provided in section
142-1161). provided in
—None —None New construction— New construction— section 142-
1.5 550 800 1161)
Rehabilitated Rehabilitated Self-storage
Residential Residential buildings-400 buildings-550 warehouse-40
—7,000 —50 Non-elderly and Non-elderly and feet, except that the Self-storage
elderly low and elderly low and building height shall warehouse:4
moderate income moderate income be limited to 25 feet
within 50 feet from
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housing; See section housing; See the rear property
142-1183 section 142-1183 line for lots abutting
an alley; and within
60 feet from a
Workforce housing- Workforce housing residential district
400 -400 for blocks with no
alley
Hotel unit: Hotel units—N/A
15%:300-335 Mixed-use and
85%:335+ commercial
For contributing hotel buildings that
structures, located include structured
within an individual parking for
historic site, a local properties on the
historic district or a west side of Alton
national register Road from 6th
district,which are Street to Collins
being renovated in Canal-60 feet.
accordance with the
Secretary of the
Interior Standards
and Guidelines for
the Rehabilitation of
Historic Structures
as amended,
retaining the existing
room configuration
shall be permitted,
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 9. Chapter142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 6, "CD-3 Commercial, High Intensity District" is hereby amended as follows:
13 of 22
Sec. 142-337. Development regulations and area requirements.
* * *
(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 Apartment Maximum Maximum
Lot Area g p Building
(Square Lot Width Unit Size Unit Size Height Number
Feet) (Feet) (Square Feet) (Square Feet) of Stories
(Feet)
Commercial—N/A 75 feet.
New construction-
550
Rehabilitated Lots within the
buildings-400 architectural
Non-elderly and district:50 feet.
elderly low and
moderate income Lots frontingon 7 stories.
housing; See section
142-1183 17th Street:80 feet.
Lots within the
City Center Area agricultural
Workforce housing- (bounded by Drexel district:5 stories.
400 Avenue, 16th
Commercial—N/A Street, Collins
New construction—Avenue and the Lots fronting on
Hotel unit: 800 17th Street:7
15%:300-335 Rehabilitated south property line stories.
85%:335+ buildings-550 of those lots
fronting on the
For contributing hotel Non-elderly and
Commercial Commercial structures, located elderly low and south side of City Center Area
—None —None within an individual moderate income Lincoln Road): 100 (bounded by
historic site, a local feet.
housing; See
Drexel Avenue,
Residential Residential historic district or a section 142-1183 16th Street,
—7,000 —50 national register Notwithstanding Collins Avenue
district,which are the foregoing and the south
being renovated in Workforce housing requirement for City property line of
accordance with the -400Center Area,the those lots fronting
Secretary of the following additional on the south side
Interior Standards shall a I of Lincoln Road):
and Guidelines for Hotel units—N/A pp y� 11 stories,
the Rehabilitation of subject to the
Historic Structures The height for lots applicable height
as amended, fronting on Lincoln restrictions
retaining the existing Road and 16th (except as
room configuration Street between provided in
shall be permitted, Drexel Avenue and section 142-
provided all rooms Washington 1161).
are a minimum of Avenue are limited
200 square feet. to 50 feet for the
Additionally, existing first 50'of lot depth.
room configurations
for the above
described hotel The height for lots
structures may be fronting on Drexel
modified to address Avenue is limited to
applicable life-safety 50 feet for the first
14 of 22
and accessibility 25'of lot depth
regulations, provided (except as provided
the 200 square feet in section 142-
minimum unit size is 1161).
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 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) S uare Feet Height
Ratio Feet) ( q ) (Square Feet) (Feet) of Stories
Existing structures:
Apartment units-
400
Existing structures: Architectural
All Workforce housing- Apartment district:
uses— 400 units-550 Architectural Oceanfront-16
2 0 district: Non-
Exce t Oceanfront-150
p Workforce housing Non-oceanfront—oceanfront-5
conventio Hotel units—in a -400 50(except as (except as
n hotel local historic ( p provided in
develo m N/A N/A district/site-200Hotel units—N/A provided in section
p New construction: 142-1161) section 142-
ent(as Otherwise: 1161)
set forth 15%:300-335 Apartment All other areas-75 All other areas—
in section 85%: 335+ units-800 (except as provided
Hotel units—N/A in section 142- 8(except as
142- New construction: 1161 provided in
841)-3.5 Apartment units— ) section 142-
550 1161)
Hotel units:
15%: 300-335
85%: 335+
* * *
15 of 22
SECTION 11. 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
�_.�.��.�..:... ...:o.. on.,,....r..��,_ _........_.....,�....,�:. .�.�, .... .......,.:,,.........._..,................�.LL.._.�..rW_�w ..�.ww:. �._ .W:....�:w��.W:._...,d...., ...�._w.�.... ...w..�.�..�.� .��. . .�.
Performance Standard R-PS1 R-PS2 1 R-PS3 R-PS4
1
5,750 square I 5,750 square 5,750 square
Minimum lot area 5,750 square feet
feet feet feet
Minimum lot width 50 feet i 50 feet 50 feet 50 feet
0.60, See 0.65, See 0.70,See 0.70, See section
Required open space ratio
section 142-704 section 142-704 section 142-704 142-704
Nonoceanfront-
45 feet 45 feet 50 feet 80 feet;
* Lots 50 feet Lots 50 feet Lots 50 feet Oceanfront-100
Maximum building height
wide or less-40 wide or less-40 wide or less-40 feet;
feet feet feet Lots 50 feet wide
or less 40 feet
Nonoceanfront-8
Oceanfront-11
5 5 t5
Maximum number of Lots 50 feet wide
Lots 50 feet Lots 50 feet Lots 50 feet
storiesor less-4
wide or less-4 wide or less-4 wide or less-4
In the Ocean Beach
Historic District-7
Maximum floor area ratio 1.25 1.50 1.75 2.0
Minimum floor areaer New New New
p New
apartment unit(square construction— construction— construction—
construction-550
feet); except as provided in 700 650 600
Rehabilitated
section 142-1183 for Rehabilitated Rehabilitated Rehabilitated
buildings-400
elderly and low and buildings-400 i buildings-400 buildings-400
moderate income non- Workforce housing-
Workforce Workforce Workforce 400
elderly housing housing-400 housing-400 housing-400
16 of 22
Minimum average floor New New New
New
areaer apartment unit construction— construction— construction—
construction-800
construction-800
(square feet); except as 900 900 850
Rehabilitated
provided in section 142- Rehabilitated Rehabilitated Rehabilitated
buildings-550
1183 for elderlyand low buildings-550 buildings-550 buildings-550 g
and moderate income non- Workforce housing
Workforce Workforce Workforce
400
elderlyhousing
�
housing-400 housing-400 housing-400
}
F15%= 300-335 15%= 300-335
Minimum floor area per square feet square feet
N/A N/A
hotel unit(square feet) A 85%= 335+ 85%= 335+square
square feet feet
Minimum parking Pursuant to chapter 130 and section 142-705 requirement.
Minimum off-street loading Pursuant to chapter 130, article Ill.
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:
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
f
.,.w.,..w,.,,:.»,...........,,,...,......w..,.....,,..,..,.,.,....,....,,..:........,..,.,,..«..,......,......,,,.,�«,«�.«,....,....,....,,,...,.,+,,,«. ,.,....,n.....,..�,,,...,.,,,�,,....,,...,,,...,.,M,...,. ,,.., ,m,....,......,..,.,.,.,,..,.,,.,,.,.,,,,,..,.,,...,.......,«...,,.....w..,w««,,,...w.,.,.,..,,,:.,« «.........,... w...,.«.,........,..;.,...,....,.,.......,,..,..,,.,.,..,.,.......,.«,....,..,.,....,,,«.,......»..,..,.,,...«.,..,..m,,..,..,m.„..,.,....«..,..,,.
Minimum lot F§
50 feet 50 feet s 50 feet 50 feet
width
17 of 22
40 feet; 75 feet
for the Block 51
50 feet—East of
Maximum Properties,the
Lenox Avenue Non-oceanfront-80 feet
building Block 51 Swap ' 150
75 feet—West of Oceanfront-100 feet
height Property, Block 52
Properties, and Lenox Avenue
p ,
Block 1 Properties
4; 8 for the Block
51 Properties,the 5—East of Lenox 1
Maximum
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
,
...., ._ W.�� .,.,.W.., .w._ »Ρ
1.0. 1.5 f o r t h e
Block 51
Maximum Properties and
floor area Block 52 2.0 2.5 2.5
ratio Properties, and
2.0 for the Block 1 1
x
Properties
1
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- a
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 x residential and (estimated at 3.2 FAR), 30 2.5, and open
mixed use mixed usestories and 300 ft. height space ratio 0.60
� 8 p
8
buildings shall be buildings shall be maximum for the measured at or
8
75 feet 75 feet Goodman Terrace and 3 above grade
Hinson Parcels,and open
space ratio 0.60 measured
s at or above grade
18 of 22
New New i__ 1 New
New construction-550
Minimum fi construction-650 construction-600 construction-550
u Rehabilitated buildings—
apartment Rehabilitated Rehabilitated
400 Rehabilitated
unit size buildings-400 buildings-400 3 buildings-400
g
(square feet) Non-elderly and elderly
Workforce housing- Workforce housing- Workforce housing-
Workforce housing-400
400 400 400
New New New
New construction-800
Average �construction-900 construction-850 , � construction-800
apartment Rehabilitated Rehabilitated Rehabilitated buildings— Rehabilitated
p x r
unit size buildings-550 buildings-550 550 buildings-550
550 f
(square feet)
Workforce housing- ; Workforce housing- Workforce housing-400 Workforce housing-
400 400 400
. ,. ..... .,
Minimum floor area per hotel unit 15%= 300-335 square feet; 85%= 335+square feet in all
(square feet) s districts.
Minimum
parking requirements Pursuant to chapter 130 and section 142-702 requirement.
Minimum off-street loading Pursuant to chapter 130.
Signs r Pursuant to chapter 138.
* * *
Sec. 142-701. - Residential limited mixed use performance standards.
Residential limited mixed use performance standards shall be as follows:
Mixed Subdistricts
Performance Standard RM-PS1
Minimum site area 120,000
r...�
Minimum site width 350 feet
}
....��_....W W�._..��..�..,W..W_�.w..�...,w.�.���..,�..,.. ..�... .�... .. _�.,.�..M..�....�w_...__.�......�..�..�....�._.��.w.,�.,.�...,..w�..�.w..,,..�. .....�.�_�._�,..................��,.,,,..�. ...,.,,,,�........,,�,,,.,... ,.,....,.v..�w..�..w.�...�....�__�.�.�.�.....,.���.......,.�.�.�.M,�.m� w.�...�. w.,�...�,�.. ...�.._..�...�.�w�
Required open space ratio 0.60
19 of 22
Maximum building height 60 feet above ground or above enclosed parking
Maximum number of stories ' 6 stories above ground or above enclosed parking
Maximum floor area ratio 1.5
Minimum floor area per apartment unit 600
(square feet)
Workforce housing-400
��..M..M,�,....�..,.� ..,,,.... .,,.,..., ,...W...� �,,..,.,, .......��........,......N.��...�..N�..�.m��m...�.._.�,...��..��.�. .�.v� .. ...��.�..�.W�. ..�..W�, .... ...._.�_...._�._�.. .�. ..wmW�.M...,.���.,.�mA��,.......m... ,�.�.....m... .�.��..mmmm.m.m....m.,�...,.........�,..r�..�....�....�.�..�_��..�.�.,��.�.. .��..�.._�.�.....w
Minimum average floor area per apartment 1,000
unit(square feet)
Workforce housing-400
Minimum floor area per hotel unit(square
N/A
feet)
Pursuant to chapter 130 and subsection 142-706(c)
Minimum parking
requirement herein
Minimum off-street loading Pursuant to chapter 130, article IV
Signs Pursuant to chapter 138
Suites hotel N/A
......�.....�...WW�.�.�...�. ....u ...�._.��w.V.�w,w ..__�.�w��.�._���.��...�.�..�..��.�.�W.��.........�..,,,���.�.��,��. ..... �.�,.. ... . ..�. ... ,...�„�.�...��..�..�...,...�,w �.,�...... �.�.. ...�...�.�..�_..._y�.�._�.�.�...W.�...4�.�............,�...�..d...,�.,..�.�...n��n.�.�. �_V,
SECTION 12. 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:
. ....... ...........,..., Q. Minimum L Minimum n i m.....,....Mm..n..,.Mo.�m.o..... ..._.._ . . m .w ... M.. _M _ , _ ._......W..W.,.w
Lot um Lot I Minimum Apartment AverageApartment
District p p
Area Width Unit Size (square feet) Unit Size (square feet)
TC-1 Town Center Commercial— Commercial—
Commercial—N/A commercial—N/A
Core None None
{
z �
20 of 22
New construction— New Construction-
550 i 800
Workforce housing-400 Workforce housing-400
New construction— New Construction—
TC-2 Town Center Residential— Residential-50
550 800
Mixed-use 6,250 sq.ft. feet
Workforce housing-400 Workforce housing-400
3 w..u..,..�... ��..._.�.,...�....�.�,�,,,.��,,,.,,,..�.., � �...,....�...�,w�...�.,Y....,...�.,.,...�m„.�.,�.,��.��„��,,,�...�...._..,,,�.. wV�.,,�.�,,,�,�.m.m,�.,......�,�..,..��o..................,..........�.�W.�.�..;._..�.W...�...........W�,�..w..�...�..�,�...,..�..,�... �,�..�.,w.........�...€w..,._..�.,....�.,...�.�...,.h.,.�,.,�.�...�.,�.,�.�,�..,.w.,..�.,��.�,
Rehabilitated
Rehabilitated
building—No
building-400
minimum
Elderly housing—See Elderly housing—See
TC-3 Town Center
Section 142-1183 section 142-1183
Residential Office
Workforce housing-400 Workforce housing-400
� i f
Hotel units
° • 300-335Hotel units—N/A
15/o. /
85%: 335+
.�..�..�.,.r�.,,......ha,�w..., ,...��.,.,.,�n.m,�..,n.�..,n,n.����r�n�.�t^�..,,�...�.,.»�.�,...�.w.,.w.�,...»...W..u._W..,�.�....,.�...�.�,,..�.�..,w.� ��...�4�w.��,,.,.,�.�.,�.V.�,,.,..,..�..�,�,..W.�......�........�,.,,....�...,.....�.,..,,.....�....�.�....,,,..,...,.,,,,,�..,..„�,,��......�..,,�,...��..��.........M,�,�..,.�.�..,.�,,.��,m..�,,..„,.�., ... �,........,�.�....u,.�.�W...,,��W.. .�.,.,.�.�..,._......,�._�.w.�
SECTION 13. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered
or re-lettered to accomplish such intention, and, the word "ordinance” may be changed to
"section", "article", or other appropriate word.
SECTION 14. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 15. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 16. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
21 of 22
PASSED AND ADOPTED this 18th day of October 2017.
,y
ATTEST: x "
ilip :,'Mayor
sAdifn ........
Rafa Granado, City Clerk �,YF '
-:se 9.1 ';
First Reading/Transmittal: July 26, 20 �� ,� �v APPROVED AS TO
Second Reading/Adoption: October :. 01 Off' ' FORM & LANGUAGE
& FOR EXECUTION
("1
4.1 ...................... .....
V` R e-
Verified By: _De.'
City Attorney Dote
Thomas R. Mooney, Al
Planning Director
Underline = new language
= deleted language
(Sponsored by Commissioner John Elizabeth Aleman; Co-sponsored by Commissioner Joy
Malakoff)
T:\AGENDA\2017\10-October\Planning\WORKFORCE HOUSING Parking and Unit Size-Second Reading ORD.docx
22 of 22
Ordinances - R5 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 18, 2017
5:04 p.m. Second Reading Public Hearing
SUBJECT: WORKFORCE HOUSING PARKING AND UNIT SIZE REQUIREMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART A- GENERAL ORDINANCES, OF
THE CITY CODE, BY AMENDING CHAPTER 58 "HOUSING," BY CREATING
ARTICLE VI, ENTITLED "WORKFORCE HOUSING;" SECTIONS 58-500
THROUGH 58-510; PROVIDING FOR DEFINITIONS AND INCENTIVES TO
PROVIDE WORKFORCE HOUSING; ELIGIBILITY FOR TENANCY,
ENFORCEMENT, AND PENALTIES; 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 ESTABLISHING PARKING REQUIREMENTS FOR WORKFORCE
HOUSING UNITS; 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 CREATING NEW
MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR WORKFORCE
HOUSING UNITS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
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
Page 577 of 1633
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 includes a comprehensive plan amendment, as well
as similar requirements and incentives in the Land Development Regulations for affordable housing.
PLANNING ANALYSIS
Purpose:
The proposed Ordinance would establish Division VI, "Workforce Housing",within Chapter 58, "Housing,"of the City
Code with the stated purpose: The purpose of this chapter is to enhance the public welfare by ensuring that the
housing needs of the city are addressed. The city finds that there is a critical shortage of affordable and workforce
housing, making residency on Miami Beach by the majority of city resident workers extremely difficult, and creating a
shortage of affordable rental units. The resident workforce is leaving the city in search of affordable housing, and new
employees are being deterred by the high cost of living. To maintain a sufficient resident workforce in all fields of
employment, and to ensure the public safety and general welfare of the residents of the City, resident workforce
housing needs must be addressed. It is the intent of this division to encourage the provision and maintenance of
residential workforce housing units, for rental, to meet the needs of income-qualified households for city employees,
the general workforce in the city,and students.
Definitions:
The following definitions will be established as part of the program's implementation:
Area median income means the median income level for the Miami-Dade County Metropolitan Statistical Area, as
established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and
Urban Development,and adjusted for household size.
Certificate of qualification means a certificate issued by the city administration establishing a qualified household's
eligibility to purchase or rent a workforce housing unit. Certificates of qualification shall be valid for 12 months. The
certification criteria shall be set forth below.
Control period means each 20-year period during which the affordability restrictions imposed by this division shall
apply.The control period begins at the time of any sale or resale of the affected unit.
Covered development means all developments providing workforce housing units pursuant to this division.
Department means the city's department of housing,or any successor department.
Page 578 of 1633
Developer means any person, firm, corporation, partnership, limited liability company, association, joint venture, or
any entity or combination of entities that apply for development orders or permits for residential dwelling units for
workforce housing purposes as defined in this division.
Eligible household means, subject to the provisions of this division, a household whose total income is between 65
and 140 percent of area median income.
Eligible household income means any income derived from any proposed occupants of a workforce housing unit
who are 18 years of age or older and who will use the workforce housing unit as their primary residence.
Household means any natural person who occupies a workforce housing unit as his or her primary residence.
Market rate dvtelling units means all dwelling units in a covered development that are not workforce housing units as
defined herein.
Qualified household means an eligible household that has received a certificate of qualification from the department.
Workforce housing unit rent or vorkforce housing unit rent means rents that do not exceed the maximum monthly
rent limits as determined for Miami-Dade County by the U.S. Department of Housing and Urban Development in its
annual income limits and rent limits and as used by Florida Housing Finance Corporation for its multifamily rental
programs (published annually at http://www.floridahousing.org), and established at 65% up to 140% of the median
family income.
While many city's provide an FAR bonus for projects that include affordable or workforce housing units, because the
City Charter requires voter approval for the increase of FAR on a site by any means, such incentive cannot be
provided without a public referendum.
A developer, who chooses to take advantage of reduced unit size and parking requirements, would be required to
enter into a residential workforce housing agreement with the City. Although the City would set the rental price for
workforce housing units, it would be the responsibility of the developer to offer and manage the rental process and
provide to the City,on an annual basis, documentation that establishes compliance with the Ordinance.
The ordinance requires that workforce housing units that are created remain as such for a period of 20 years, and
establishes eligibility controls, affordability controls, and enforcement provisions as outlined in the attached
Ordinance.
Parking and Unit Size:
In order to further facilitate the construction of workforce housing, and encourage it even when not required, this
ordinance also amends 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 in Chapter 130 of the
City Code to 0.5 for workforce housing units. Further, it allows workforce housing units to be established on a site
with an existing building without providing parking for the existing or additional units. Currently the number of units in a
building in general cannot be increased without providing on-site parking. The ordinance would also allow the new
construction of workforce housing units on a site with an existing building, without providing any parking. This may
encourage smaller in-fill construction of workforce housing units on existing building sites that cannot otherwise
provide required off-street parking.
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 579 of 1633
The floor area ratio of any property or street end Wthin 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.
The Planning Board also recommended the following minor modifications, which have been incorporated into
the ordinance and were approved at First Reading:
Sec. 58-505.Affordability Controls.
(c) City responsibilities. The city shall:
1. Annually, set the maximum annual rent limits, and rent ranges.
variety of different prices or rcnts at each workforce housing location), minimum unit type and
bedroom requirements,and income eligibility standards:
2. Annually review leaseholds for compliance:and
3. Enforce provisions of division.
Sec. 58-506. Enforcement.
(a) Violations of this division by the developer or property owner shall be subject to the following
fines. The special master shall not waive or reduce fines set by this division.
(1) If the violation is the first violation of an administrative violation Warning issued
(2) If the violation is the first second violation $ 2,500.00
(3) If the violation is the sccond third violation within the preceding
18 months $ 7,500.00
(4) If the violation is the third fourth violation within the preceding
18 months $12,500.00
(5) If the violation is the fah fifth or greater violation within the
preceding 18 months $ 20,000.00
(6) Fines for repeat violations shall increase regardless of location.
(b) Violations of this division by the tenant shall result in termination of the leasehold, upon 30 15
days written notice. Landlord shall be entitled to evict the tenant and seek all damages under law
from the tenant.
Double Underscore and Double Strike Thru Denote Planning Board Recommended Changes.
UPDATE
The subject Ordinance was approved at First Reading on July 26, 2017, with the changes noted
above.
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CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman and Co-sponsored by Commissioner Joy Malakoff
ATTACHMENTS:
Description
121 Form Approved Ordinance - Workforce Housing
a Ad
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12NE I IEIGII.BORS I IKURSOAY OCTO
MIAOAIHERAID.COM
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE
WORKFORCE HOUSING PARKING AND
UNIT SIZE REQUIREMENTS
October 185 •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
5:04 p.m.,or as soon thereafter as the matter can be heard,to consider:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AMENDING SUBPART A-GENERAL ORDINANCES,OF THE CITY CODE,BY AMENDING
CHAPTER 58 'HOUSING", BY CREATING ARTICLE VI, ENTITLED 'WORKFORCE HOUSING;"
SECTIONS 58-500 THROUGH 58-510; PROVIDING FOR DEFINITIONS AND INCENTIVES
TO PROVIDE WORKFORCE HOUSING, ELIGIBILITY FOR TENANCY, ENFORCEMENT, AND
PENALTIES; BY AMENDING CHAPTER 130, "OFF-STREET PARKING,' AT SECTION 13a-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
ESTABLISHING PARKING REQUIREMENTS FOR WORKFORCE HOUSING UNITS;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 5,4CD-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 CREATING NEW
MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR WORKFORCE HOUSING UNITS;
PROVIDING CODIFICATION;REPEALER;SEVERABILITY;AND AN EFFECTIVE DATE,
This Ordinance is being heard pursuant to Section 116-164 of the City's Land Development Code;
Section 2,05 of the City Charter and §166.041 FS, Inquiries may be directed to the Planning
Department at 305673,7550.
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, c/c the City Clerk, 1700
Convention Center Drive, 1 Floor,City Hail,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, Floor, City Hail, Miami Beach, Florida 33139. This item may be
continued,and under such circumstances,additional legal notice need 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.Ciranado,City Clerk
City of Miami Beach
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