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2007-3567 OrdinanceORDINANCE NO. 2007-3567 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," ARTICLE II "DISTRICTS; REQUIREMENTS" AMENDING 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 REDUCING THE PARKING REQUIREMENTS FOR HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the regulations governing off-street parking spaces contained in Chapter 130 of the City Code, Sections 130-32 and 130-33 delineate the off-street parking requirements for the various permitted land uses throughout the City; and WHEREAS, this section of the Code contains parking requirements for low and moderate income elderly housing, which is lower than that required for undesignated apartment units, based upon the lower requirements for parking of the low and moderate income elderly; and WHEREAS, currently the City Code requires 0.75 parking spaces per elderly housing unit; and WHEREAS, City staff research indicates that many jurisdictions require 0.5 parking spaces per apartment unit devoted solely to low and moderate income elderly residents, based on their limited usage of automobiles; and WHEREAS, the City Commission deems it desirable for this figure be modified to come in line with other jurisdictions and to encourage more housing for the low and moderate income elderly; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 130, Off-Street Parking, Article II, Districts; Requirements, is hereby amended by amending Section 130-32, "Off-Street Parking Requirements For Parking District No. 1," 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: (6A) Housing for low and/or moderate income elderly. 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. 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. 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 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 U. S. Department of Housing and Urban Development. Parking requirements for housing for low and/or moderate income elderly: a. 8~5 0_5 parking space per dwelling unit. b. For the purposes of this section only, housing for low and/or moderate income elderly shall be publicly owned or nonprofit sponsored and __. owned, or developed by for-profit organizations ' ' c. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. d. Off-street parking, pursuant to this section, shall be permitted only after a finding by the planning director that, in view of the location of such housing and the economic status of anticipated occupants, the proposed parking will be adequate to serve proposed occupants, visitors and employees, including the proposed unit size and likelihood that the occupants will have a need for parking. e. A covenant running with the land restricting the use of the property for housing for low 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 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 elderly in accordance with this section. f. 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. SECTION 2. That Chapter 130, Off-Street Parking, Article II, Districts; Requirements, is hereby amended by amending Section 130-33, "Off-Street Parking Requirements For Parking District Nos. 2, 3 and 4" as follows: Sec. 130-33. Off-street parking requirements for parking districts nos. 2, 3 and 4. 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 A) Housing for low and/or moderate income elderly. 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. 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. 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 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 U. S. Department of Housing and Urban Development. Parking requirements for housing for low and/or moderate income elderly: a. A:-~5 0_5 parking space per dwelling unit. b. For the purposes of this section only, housing for low and/or moderate income elderly shall be publicly owned or nonprofit sponsored and owned, or developed by for-profit organizations ' ' ' ' c. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. d. Off-street parking, pursuant to this section, shall be permitted only after a finding by the planning director that, in view of the location of such housing and the economic status of anticipated occupants, the proposed parking will be adequate to serve proposed occupants, visitors and employees, including the proposed unit size and likelihood that the occupants will have a need for parking. e. A covenant running with the land restricting the use of the property for housing for low 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 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 elderly in accordance with this section. f. 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. SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 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. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this 5th day of September , 2007. ATTEST: Matti Herrera Bower ~~~(,(/~ Vice-Mayor C TY CLERK Robert Parcher First Reading: Second Reading: Verified by: Planning Director AICP, Underscore denotes new language ~r+ket#re~ denotes deleted language APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION ~3oe7 ( -~'` - City Attorney Date ....__ T:\AGENDA\2007\sep0507\Regular\Elderly Parking Regs Ordinance REVISED.doc COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending Chapter 130 "Off-Street Parking", By Reducing The Parking Requirements For Housing For Low And/Or Moderate Income Elderly. Ke Intended Outcome Su orted: Increase access to workforce or affordable housing. Supporting Data (Surveys, Environmental Scan, etc.): Available parking was ranked No. 4 by residents as one of the changes that will make Miami Beach a better place to live; and, 54% of residents rated the availabili of arkin in their nei hborhood as too little or much too little. Issue: To lower the parking requirement for low and moderate income elderly housing. Item Summa /Recommendation: SECOND READING PUBLIC HEARING The parking requirement for low and moderate income elderly housing is 0.75 parking spaces per dwelling unit. This is lower than the parking requirement for regular apartment units, based upon the lower automobile usage of the low and moderate income elderly. The proposed ordinance would reduce the parking requirement for low and moderate income elderly housing from 0.75 spaces per unit, to 0.5 spaces per unit, in order to encourage the construction of more housing for the low and moderate income elderly. Note that an elderly person is defined as at least 62 years of age, Low income is defined as households whose incomes do not exceed 50 percent of median income, and Moderate income is defined as households whose incomes are between 51 percent and 80 percent of the median income for the area. The ordinance only applies to housing designated specifically for the low and moderate income elderly, not for institutions for the aged, such as assisted living facilities, convalescent or nursing homes, and only for projects which are publicly owned, or owned and sponsored by a nonprofit organization, or developed by for-profit organizations utilizing public funds. Certification must be provided, and a covenant running with the land restricting the use of the property for housing for low and/or moderate income elderly for a period of no less than 30 ears is re uired. Advisory Board Recommendation: At the June 26, 2007 meeting, the Planning Board recommended (6-0, 1 member absent) that the City Commission adopt the ordinance. The proposed ordinance was approved by the Land Use and Development Committee at its July 9th meeting. Approved on first reading, July 11, 2007. Financial Information: Source of Amount Funds: ~ 2 3 4 OBPI Total Account ~ Approved Financial Impact Summary: n/a Ci Clerk's Office Le islative Trackin Richard Lorber, Planning & Zoning Manager Si n-Offs: Department Director ~ Assistant City Manager City Manager ~~ ~ ~~~ ~ ~ ~ AGENDA ITEM s 1J '~~ DATE "s ~ 7 m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manage SECOND READING DATE: September 5, 2007 PUBLIC HEARING SU6IECT: Ordinance Amending Land Development Regulations: Low and Moderate Income Elderly Housing Parking Requirements ADMINISTRATION RECOMMENDATION Adopt the ordinance upon second reading public hearing. BACKGROUND At its May 22, 2006 meeting, as part of a larger workshop discussion on parking issues, the Planning Board voted to direct staff to prepare an ordinance amendment which would lower the parking requirement for low and moderate income elderly housing. ANALYSIS The regulations governing off-street parking spaces contained in Chapter 130 of the City Code, delineate the off-street parking requirements for low and moderate income elderly housing. This requirement is lower than that required for undesignated apartment units, based upon the lower automobile usage of the low and moderate income elderly. An elderly person is defined as a person who is at least 62 years of age. Low income is defined as households whose incomes do not exceed 50 percent of the median income for the area, and Moderate income is defined as households whose incomes are between 51 percent and 80 percent of the median income for the area. These figures are determined by U. S. Department of Housing and Urban Development. Currently, the Code requires from 1.5 to 2.0 parking spaces per regular apartment, depending on the size of the unit. However, the requirement for low and/or moderate income elderly housing is reduced to 0.75 parking spaces per dwelling unit. This reduced parking requirement is for housing designated specifically for the low and moderate income elderly, not for institutions for the aged, such as assisted living facilities, convalescent or nursing homes. UPDATE: The currently existing ordinance specifies that only projects which are publicly owned, or owned and sponsored by a nonprofit organization, or developed by for-profit organizations utilizing public funds, may take advantage of this provision. However, during the first reading of this ordinance on July 11, 2007, the City Commission amended the proposal to permit for-profit organizations to also participate in this program, as long as all other requirements are met. The amendment is reflected in the revised ordinance, attached. Low and Moderate Income Elderly Housing Parking Requirements July 11, 2007 Page 2 of 2 Certification from the corresponding state or federal agency in charge of the program must be submitted, and the Planning Director must find that the proposed parking will be adequate to serve proposed occupants, visitors and employees, considering the location of such housing and the economic status of anticipated occupants. A covenant running with the land restricting the use of the property for housing for low and/or moderate income elderly for a period of no less than 30 years is required. City staff research indicates that some otherjurisdictions require only 0.5 parking spaces per apartment unit devoted solely to low and moderate income elderly residents. The current City Code requirement of 0.75 spaces per unit could be lowered to encourage more housing for the low and moderate income elderly, and to come into line with other jurisdictions. The proposed ordinance would reduce the parking requirement for low and moderate income elderly housing from 0.75 spaces per unit, to 0.5 spaces per unit. FISCAL IMPACT The proposed ordinance would have a slight impact as in a small number of cases, for new construction projects within an historic district, which do not fully provide all of the required parking, a lower fee in-lieu of parking would be collected. PLANNING BOARD ACTION At the June 26, 2007 meeting, the Planning Board recommended (6-0, 1 member absent) that the City Commission adopt the ordinance. LAND USE AND DEVELOPMENT COMMITTEE The proposed ordinance was discussed by the Land Use and Development Committee at its July 9'h meeting. CONCLUSION The proposed ordinance would reduce the parking requirement for low and moderate income elderly housing from 0.75 spaces per unit, to 0.5 spaces per unit. This could encourage more housing for the low and moderate income elderly. ~- JMG/TH/JGG/RGL T:\AGENDA\2007\sep0507\Regular\Elderly Parking Regs memo.doc yf .S.Sf }9~ +i-f' ~: m MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, September 5, 2007, to consider the following: 10:15 a.m. An Ordinance Amending Miami Beach City Code Chapter 102, Entitled `Taxation;" By Amending Article V, Therein, Entitled "Local Business Tax;" Amending Section 102-379, Therein, Entitled. "Schedule Of Taxes," By Adding Additional Business Tax Receipt Codes And Clarifying Language. Inquiries may be directed to the Finance Department at (305) 673-7466. 10:25 a.m. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administration And Review Procedures," Article IX Nonconformances," By Amending Section 118-395 To Clarify And Update Certain Procedures And Requirements For The Retention Of A Nonconforming Structure, By Amending Article X, "Historic Preservation," Division 3, "Issuance Of Certificate Of Appropriateness/Certficate To Dig/Certificate Of Appropriateness For Demolition," By Amending Section 118-561 To Create A CondiRions And Safeguards Section For Certificates Of Appropriateness, By Amending Section 118-564 To Modify The Requirements For Obtaining A Demolition PermR, By Amending Article VI, "Design Review Procedures", By Creating Section 118-264 To Address Conditions And Safeguards For Design Review Approval. Inquiries may be directed to the Planning Department at (305) 673-7550. ~ra3o a.m. h4n Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 130 "Off-Street Parking," Article II "Districts; Requirements" Amending 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 Reducing The Parking Requirements For Housing For Low And/Or Moderate Income Elderly. Inquiries may be directed to the Planning Department at (305) 673-7550. 10'.35 a.m. An Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 142 "Zoning Districts And Regulations," Article IV "Supplementary District Regulations," Division 4 "Supplementary Yard Regulations" By Amending Section 142-1132 "Allowable Encroachments Within Required Yards,' Section 142-1132(0) "Projections" By Amending The Permitted Width Of Walkway Encroachments In Required Yams For Purposes Of Complying With Accessibility Requirements, And By Clarifying Technical Language Regarding Alkwvable Encroachments. Inquiries may be directed to the Planning Department at (305) 673-7550. 10AO a.m. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division 2, "Single-Family Residential Districts," By Revising Procedures For The Review And Approval Of Demolition Requests For Single Family Homes Constructed Prior To 1942 And Not Located Within A Designated Historic District. Inquiries may be directed to the Planning Department at (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 C~'ty Commission, c% the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: ff a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673- 7218(TfY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad 11448 - 7 n 0 N 1^D H N Q 0 N x r s x i W N 0 t a .a z E 0 V v d x E A