2003-3410 OrdinanceORDINANCE NO. 2003-3410
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 130 "OFF-
STREET PARKING," SECTION 130-32 "OFF-STREET PARKING
REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130-33
"OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS.
2, 3, AND 4," BY ADDING PARKING REQUIREMENTS FOR HOUSING FOR
LOW AND/OR MODERATE INCOME ELDERLY; PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Chapter 130 of the Land Development Regulations of the City Code
contains various provisions related to off-street parking; and
WHEREAS, it is necessary to review the regulation of off-street parking from time to time
and adapt those regulations to changing needs; and
WHEREAS, the regulations of the City Code do not provide for reduced parking
requirements for Iow or moderate income housing for the elderly; and
WHEREAS, the current parking regulations may hinder the availability of Iow or
moderate income housing for the elderly; and
WHEREAS, a large percentage of the Iow-to-moderate income elderly do not own or
drive motorized vehicles; and
WHEREAS, these proposed regulations will not affect the general health, safety and
welfare of the residents of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
Section 1. That Section 130-32 "Off-street parking requirements for parking district no. 1." is
hereby amended as follows:
Except as otherwise provided in these land development regulations, when any building or
structure is erected or altered in parking district no. 1, accessory off-street parking spaces shall
be provided for the building, structure or additional floor area as follows:
(6)
(6A)
Apartment building and apartment-hotel or hotel: 1 1/2 spaces per apartment unit and 1
space per hotel unit.
Housing for Iow and/or moderate income elderly. For purposes of this re.qulation, the
following definitions shall apply:
Elderly Person shall be defined as a person who is at least 62 years of a.qe.
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Elderly Household: a one or two person household in which the head of the household
or spouse is at least 62 years of age.
Low Income: Households whose incomes do not exceed 50 percent of the median
income for the area as determined by U. S. Department of Housinq and Urbar~
Development.
Moderate Income: Households whose incomes are between 51 percent and 80 percent
of the median income for the area as determined by U. S. Department of Housing and
Urban Development.
Housing for the elderly: shall not to be construed as homes or institutions for the aged,
which are primarily assisted livinq facilities, convalescent or nursing homes.
Parking requirements for housing for Iow and/or moderate income elderly:
a..~. 0.75 parking space per dwe lin.q unit.
For the purposes of this section only, housinq for Iow and/or moderate income
elderly shall be publicly owned or nonprofit sponsored and owned, or developed
by for-profit organizations ut lizing public funds.
The applicant shall submit written certification from the corresponding state or
federal agency in charge of the program.
Off-street parkinq, pursuant to this section, shall be permitted only after a finding
by the Planning Director that, in view of the location of such housing and the
economic status of anticipated occupants, the proposed parking will be adequate
to serve proposed occupants, visitors and employees, including the proposed
unit size and likelihood that the occupants will have a need for parking.
A covenant running with the land restricting the use of the property for housing
for Iow and/or moderate income elderly 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 iudicial determination invalidates the a.qe 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 the City 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
providinq parking. At the time of development review, the property owner shall
submit a statement of intent to construct housing for Iow and/or moderate income
elderly in accordance with this section.
After approval of the decrease in parking spaces, the premises shall not be used
other than as housing for the elderly 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.
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Section 2. That Section 130-33 "Off-street parking requirements for parking districts Nos. 2, 3
and 4 is hereby amended as follows:
Except as otherwise provided in these land development regulations, when any building or
structure is erected or altered in parking districts nos. 2, 3 and 4 accessory off-street parking
spaces shall be provided for the building, structure or additional floor area as follows. There
shall be no off-street parking requirement for uses in this parking district except for those listed
below:
(1) Apartment building and apartment-hotel: 1 1/2 spaces for each unit regardless of size or
number of bedrooms.
(lA) Housin.q for Iow and/or moderate income elderly. For purposes of this requlation, the
fo owing definitions shall apply:
Elderly Person shall be defined as a person who is at least 62 years of age.
Elderly Household: a one or two person household in which the head of the household
or spouse is at least 62 years of aqe.
Low Income: Households whose incomes do not exceed 50 percent of the median
income for the area as determined by U. S. Department of Housing and Urba,~
Development.
Moderate Income: Households whose incomes are between 51 percent and 80 percent
of the median income for the area as determined by U. S. Department of Housing and
Urban Development.
Housinq for the elderly: shall not to be construed as homes or institutions for the aged,
which are primarily assisted ving facilities, convalescent or nursing homes.
Parking requirements for hous ng for Iow and/or moderate income elderly:
0.75 parking space per dwe lng unit.
For the purposes of this section 'only, housing for Iow and/or moderate
income elderly shall be publicly owned or nonprofit sponsored and
owned, or developed by for-profit organizations utilizinq public funds.
The applicant shall submit written certification from the corresponding
state or federal agency in charge of the program.
3 of 5
Off-street parkinq, pursuant to this section, shall be permitted only after a
finding by the Planning Director that, in view of the location of such
housing and the economic status of anticipated occupants, the proposed
parking will be adequate to serve proposed occupants, visitors and
employees, including the proposed unit size and likelihood that the
occupants will have a need for parking
A covenant running with the land restricting the use of the property for
housing for Iow and/or moderate income elderly 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
iudicial 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 the City Code. The property owner may satisfy the
parkinq 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 parkinq requirements by the
payment of a fee in lieu of providin.q parkinq. At the time of development
review, the property owner shall submit a statement of intent to construct
housing for Iow and/or moderate income elderly in accordance with this
section.
After approval of the decrease in parking spaces, the premises shall not
be used other than as housing for the elderly unless and until any parking
requirements and all other requirements or limitations of this Code for the
district involved and app yin.q to the new use shall have been met.
The park n.q requirement may be satisfied by entering into a development agreement
with the city to provide for such parking through the construction of facilities over city-
owned properties (air rights) or by providinq for off-site parking facilities in accordance
with section 130-36.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this Ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this Ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
4 of 5
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 2lst day of
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Verified by:
Jorge G. Gomez, AICP
Planning Director
Underscore denotes new language
S~gk~h,-~denotes deleted language
F:\PLAN\$PLB\draft ordinances\1607 prkng req elderly hsing ord.doc
~ay .. ,2003.
APPROVED ASTO
FORM AND LANGUAGE
&FOREXECUTION
'd"C~'ty'Attorney Date
5of5
CiTY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
CORRECTED NOTICE
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of
the City of Miami Beach, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida, on Wednesday, May 21, 2003, at the times listed below:
_AAt 10:30 a.m.
N ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE
BY AMENDING CHAPTER 130 "OFF-STREET PARKING:' SECTION 130-32 "OFF-STREET
PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130-33 "OFF-
STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, AND 4, BY ADDING
PARKING REQUIREMENTS FOR HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY;
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
Inquiries may be directed to the Planning Department at (305) 673-7550.
at 11:15 a.m.:
AN ORDINANCE CREATING ARTICLE III ENTITLED "PANHANDLING IN PUBLIC PROPERTY' OF
CHAPTER 74 ENTITLED "PEDDLERS AND SOLICITORS;' BY DEFINING PANHANDLING AND
SOLICITATION; BY PROHIBITING PANHANDLING AND SOLICITATION ON DESIGNATED AREAS
WITHIN THE CITY, PROVIDING FOR PENALTIES FOR VIOLATIONS, PROVIDING FOR
REPEALER, SEVERABILITY AND EFFECTIVE DATE.
Inquires may be directed to the Police Department at (305) 673-7925.
ALL INTERESTED PARTIES are invited to appear at this hearing, be represented by an agent, or to
express their views in writing addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be
continued and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides
to appeal any decision made by the City Commission with respect to any matter considered at its
meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice
does not constitute consent by the City for the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding, or to request information on access for persons
with disabilities, or to request this publication in accessible format, or to request sign language
interpreters, should contact the City Clerk's office at (305) 673-7411, no later than four days prior to
the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service
numbers, (800) 955-8771 (TTY) or (800) 955-8770 (VOICE).
(Ad #176)
CITY OF MIAMI BEACH ~/~
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance of the Mayor and City Commission amending Chapter 130 "Off-Street Parking by adding
parking requirements for housing for Iow and/or moderate income elderly.
Issue:
Should the City Commission reduce the parking requirements as they currently exist from 1.5 parking
spaces per apartment unit to 0.75 parking space per apartment unit for the new construction of Iow-to-
moderate income elderly housing?
Item Summary/Recommendation:
Currently the City Code requires that 1.5 parking spaces be provided for each apartment unit. The
proposed ordinance would reduce this requirement to 0.75 parking space per unit for the new construction
of housing for the elderly provided the project meets the criteria suggested in the ordinance.
The Administration recommends that the City Commission approve the proposed amendment.
Advisory Board Recommendation:
At the March 25, 2003 meeting, the Planning Board passed a motion 5-0 (one member absent, one
recused) recommending that the City Commission approve the proposed ordinance
~ation:
Source of
Funds:
2
Finance Dept. T°~!
City Clerk's Office Legislative Tracking:
Mercy Lamazares/Jorge G. Gomez, Planning Department
n-Offs:
1607 elderly prkg 2nd rdg 05-21 sum.doc
AGENDA ITEM
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~
www.miamibeachfl,gov ~
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Definer and
Members of the City Commission
Date: May21,2003
Jorge M. Gonzalez{~
City Manager ~) ~.-/~'"~ Second Readinl:l - Public Hearin~l
Parking requirements for elderly housing.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING
CHAPTER 130 "OFF-STREET PARKING," SECTION 130-32 "OFF-
STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1,
AND SECTION 130-33 "OFF-STREET PARKING REQUIREMENTS
FOR PARKING DISTRICTS NOS. 2, 3, AND 4, BY ADDING PARKING
REQUIREMENTS FOR HOUSING FOR LOW AND/OR MODERATE
INCOME ELDERLY; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance.
BACKGROUND
During the latter part of 2002, Miami Beach Community Development Corporation
(MBCDC) requested assistance from the City Commission with the challenges they were
facing relative to developing housing for the eldedy and the parking requirements stipulated
in the City Code for new construction of apartment buildings. The current requirements are
1.5 parking spaces per unit and MBCDC believes is excessive for elderly housing, as a
good percentage of elderly do not drive or own vehicles.
At the February 5, 2003 meeting, the City Commission referred the issue of parking
requirements and how they may affect elderly housing to the Land Use and Development
Committee. At this meeting it was suggested that the Planning Department draft an
ordinance for review by the Planning Board.
ANALYSIS
Currently, the City Code does not have any provisions for reduced parking requirements for
new construction of apartments that are intended for specific groups such as the iow-
Commission Nfemorandum
Parking requirements for elderly housing
May 21, 2003
Page 2 of 4
income elderly. The Administration had some concerns with this proposal because while it
may be possible to ensure such compliance from a non-profit agency supported by
government funding such as a CDC, it seemed that it would be difficult to do so for private
developers who would seek to reduce their parking requirements in the same manner. The
point of concern was one of making sure that buildings built for a specific resident group
would be occupied by members of that group for the physical life of the building. The
Administration believes that any amendment to the reduced parking would have to require
some type of restrictive covenant to ensure that the intended use of housing for the elderly
is provided for a significant period of time.
Research made available to Planning staff reveals that a large percentage of the elderly do
not own vehicles. For instance the Miami Beach Housing Authority reports that out of 400
residents, only 78 have cars (19.5%). In the Stella Maris elderly housing, only 26 residents
(136 units) own and drive a car (19%). In addition, in MBCDC's own experience, out of 60
elderly housing units owned by the CDC, only 14 residents own and drive a car. It seems
logical to conclude that the Iow-to- moderate income elderly do not have sufficient financial
resources to maintain a car.
Staff also looked for guidance in the requirements of other jurisdictions. Section 33-124 (o)
of the Code of Miami-Dade County indicates that there shall be 0.50 parking space
provided for each dwelling unit in the apartment building for elderly housing. Section 917.5
of the Zoning Ordinance of the City of Miami, allows one parking space per2 dwelling units
by Class II Special Permit only. The Special Permit process is similar to a Conditional Use,
but reviewed administratively by the Planning and Zoning director, who may refer the
application to other agencies, board or departments as may be necessary.
The proposed ordinance amends Chapter 130, sections 130-32, "Off-street parking
requirements for parking district No. 1 ," and 130-33 "Off-street parking requirements for
parking districts Nos. 2, 3 and 4," by including provisions for reduced parking for the Iow-to-
medium income elderly housing. This new requirement reduces the required parking by
half, from 1~ spaces per dwelling unit to 0.75 space per dwelling unit for the new
construction of apartment buildings that meet the criteria for elderly housing. The
ordinance also includes several definitions, such as Elderly Person, Elderly Household,
Low Income, Moderate Income, and Housing for the Elderly, in order to ensure that terms
used in the text are understood within the context in which they are written.
The proposed criteria for the reduced parking requirements are as follows:
a. 0.75 parking space per dwelling unit.
bo
For the purposes of this section only, housing for Iow and/or moderate income
elderly shall be defined as publicly owned, or nonprofit sponsored and owned, or
developed by for-profit organizations utilizing public funds.
Commission/v/emorandum
Perking requirements for elderly housing
Nfay 21, 2003
Page 3 of 4
The applicant shall submit written certification from the corres
federal agency in charge of the program.
3onding state or
Such off-street parking shall be permitted upon a finding that, in wew of location of
such housing and the economic status of anticipated occupants, there will be
adequate off-street parking of occupants, visitors and employees.
A covenant running with the land restricting the use of the property for housing for
Iow and/or moderate income elderly 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 ordinance, 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 the City 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 parking impact fee. At
the time of development review, the property owner shall submit a statement of
intent to construct housing for Iow and/or moderate income elderly in accordance
with this section.
The proposed ordinance was amended to include additional language that would
safeguard the City in a case where judicial review invalidates the provisions of the
proposed regulation. Should this happen, a development that would have less than
the number of parking spaces required by our City Code would not be able to obtain
a cerh'ficate of use or occupational license.
After approval of the decrease in parking spaces, the premises shall not be used
other than as housing for the elderly subject to the exceptions and limitations set
forth in d. above, 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.
PLANNING BOARD ACTION
At the March 25, 2003 meeting, the Planning Board passed a motion by a vote of 5-0 (one
member absent and one recused) recommending that the City Commission approve the
proposed ordinance.
Commission Memorandum
Parking requirements for elderly housing
May 21, 2003
Page 4 of 4
CONCLUSION
Since the City Commission approved this ordinance on first reading on April 30, 2003,
pursuant to Section 118-164 (3) a. of the City Code, it shall be noticed in a newspaper of
general circulation at beast ten days prior to adoption. Immediately following the public
hearing at the second reading, the City Commission may adopt the ordinance by a 5/7ths
vote.
JMG\CMC\JGG\ML
T:~AGENDA~2003~may2103~'egular~1607 elderly prkg 2nd rdg 5-21 .doc