2007-3577 OrdinanceORDINANCE NO. 2007-3577
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE III, "OVERLAY DISTRICTS," CREATING DIVISION 7
ENTITLED "CULTURAL ARTS NEIGHBORHOOD DISTRICT
OVERLAY (CANDO)," BY INCLUDING "LOCATION AND
PURPOSE," AND "COMPLIANCE WITH REGULATIONS,"
INCLUDING MINIMUM AND AVERAGE UNIT SIZE FOR
REHABILITATION AND NEW CONSTRUCTION PROJECTS,
MIXED USE FLOOR AREA RATIO (FAR) INCENTIVES WHERE
PERMITTED IN ORDER TO ACCOMMODATE AFFORDABLE
HOUSING FOR CULTURAL ARTS WORKERS; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the Blue Ribbon Committee appointed by Mayor David
Dermer has been studying the creation of a Cultural Arts Neighborhood District
Overlay (CANDO) that would encourage arts related businesses to establish in
the district and create affordable housing for cultural workers; and
WHEREAS, the Blue Ribbon Committee proposed the boundaries for the
CANDO district as 24th Street on the north; Lenox Avenue on the west; Lincoln
Lane on the south and the Atlantic Ocean on the east; and
WHEREAS, the CANDO district contains numerous cultural arts venues,
available housing stock, commercial storefronts, restored hotels, a large urban
park and is home to numerous cultural festivals; and
WHEREAS, the goal for the creation of the CANDO district is to reverse
the gentrification process of the district forcing artists, art galleries and cultural
activities out of housing and workspace in the neighborhood; and
WHEREAS, at its May 14, 2007 meeting, the Land Use and Development
Committee recommended that an ordinance that creates this overlay district and
its purpose and goals be drafted and referred to the Planning Board for a
recommendation to the City Commission; and
WHEREAS, the amendments set forth below are necessary to accomplish
all of the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
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Section 1. That Chapter 142 of the City Code, entitled "Zoning Districts and
Regulations," Article III, "Overlay Districts," Division 7 is hereby created as
follows:
DIVISION 7. CULTURAL ARTS NEIGHBORHOOD DISTRICT OVERLAY
CA( NDO)
Section 142-854. Location and purpose.
followina boundaries. which shall be known as the Cultural Arts Neiahborhood
District Overlay (CANDO): 24"' Street and North Lincoln Lane on the north;
Meridian Avenue and Lenox Avenue on the west; South Lincoln Lane on the
south and the Atlantic Ocean on the east.
The purpose of this overlay district is to provide land-use incentives to property
owners, developers and commercial businesses to create affordable housing for
cultural workers, encourage arts-related businesses to establish within the
district, and to create mandatory requirements for new construction and
rehabilitation of housing units.
Section 142-855. Definitions.
For purposes for this Division, the following definitions shall apply:
1.
2.
3
2of5
1.
workers.
c. New con
zoning rE
mixed use
size of 81
reserved
d. New con;
m
feet if
m
in FAR
is
if at least 25% of the "live-work" units are reserved for affordable
housing units for cultural workers. For purposes of this section a
"live-work" unit is defined as a unit containing both a residential and
commercial component within the same unit.
Section 142-857. Mandatory Criteria
Developments qualifying for the exceptions under this Division shall meet all of
the following mandatory criteria:
1. At the time of development review, the property owner shall submit a
statement of intent to construct affordable housing for cultural arts workers
in accordance with this Division.
2. The owner of the property shall execute and record in the
the property for affordable housing for cultural arts workers as provided for
in this Division for a period of no less than 30 years, approved as to form
3 of 5
3. Should the property change from affordable housing for cu
workers during the covenant period. or other income-eligible c
existing at the time of the proposed change, including but
minimum and average unit sizes and parking requirements.
4. If after atwo-year period, residential units set aside for
workers have not been rented or sold. thev shall be reser
income-eligib
5. The profits of
du
lations
nits sold to cultural arts workers or
be restricted to increases in the
ate of purchase through the date of
Each buyer and seller shall
~n in the closing documents.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
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 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
4 of 5
zno y - 3 .S't'~
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days folio ing a ption.
PASSED and ADOPTED this 1~th day of ctob ~ , 2007.
/ / ~ Dwi~ Dermer MAYOR
AT EST: Il0/
'~~ ~~
CITY CLERK xobert Parcher
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
~ 11 1 e ~
ity Attorney Date
First Reading:
Second Reading: ,
Verified by:
~. G~dmez, AI
g Director
Underscor~/denotes new language
T:\AGENDA\2007\oct1707\Regular\1831 - CANDO ordinance rev 10242007 FINAL.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Land Development Regulations of the City Code Chapter 142, by creating the
Cultural Arts Neighborhood District Overlay, CANDO, in the Collins Park area of the Citv.
Cey Intended Outcome Supported:
Increase satisfaction with neighborhood satisfaction; quality of life
Supporting Data (Surveys, Environmental Scan, etc.): In the 2007 Survey, 36% of the City's residents
responded that one of the things the City should most ensure with regards to housing is housing for those
with incomes <$50K.
Issue:
Should the City Commission adopt the proposed ordinance regarding the CANDO District
Item Sum
SECOND READING PUBLIC HEARING
This ordinance would create incentives to provide affordable housing for cultural workers and encourage
arts-related businesses to establish within the district and in this way, try to reverse the gentrification
process whereby high rents and property values displace artists, art galleries and cultural activities from
this area. The boundaries of the CANDO district are: 24~h Street and North Lincoln Lane on the north;
Meridian Avenue and Lenox Avenue on the west; South Lincoln Lane on the south and the Atlantic Ocean
on the east.
The Administration recommends that the City Commission adopt the proposed ordinance.
Adviso Board Recommendation:
At the June 26, 2007 meeting, the Planning Board voted 6-0 vote (one member absent)
recommending approval of the proposed ordinance to the City commission requiring a definition for
"artist." This definition has been included in the ordinance.
At the May 14, 2007 meeting, the Land Use and Development Committee endorsed the resolution and
referred the Zonin Incentives to the Planning Board for further review and recommendation.
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
The ro osed Ordinance is not ex ected to have an fiscal im act.
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
Si n-Offs:
epartment rector As is nt Cit Hager City Manager
f
T:\F~G NDlbY2007\ ct1707\Regular\183 - CANDO memo sum.doc
m MIAMIBEACH
b U O
AGENDA ITEM 5-~-
DATE [0'17-y7
m MIAMIBEACH
City of Miami Beach, 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 Manager
DATE: October 17, 2007
SECOND READING PUBLIC HEARING
SUBJECT: Cultural Arts Neighborhood District Overlay - CANDO
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE III, "OVERLAY DISTRICTS," CREATING DIVISION 7
ENTITLED "CULTURAL ARTS NEIGHBORHOOD DISTRICT OVERLAY
(CANDO), BY INCLUDING "LOCATION AND PURPOSE," AND "COMPLIANCE
WITH REGULATIONS," INCLUDING MINIMUM AND AVERAGE UNIT SIZE FOR
REHABILITATION AND NEW CONSTRUCTION PROJECTS, MIXED USE
FLOOR AREA RATIO (FAR) INCENTIVES WHERE PERMITTED IN ORDER TO
ACCOMMODATE AFFORDABLE HOUSING FOR CULTURAL ARTS
WORKERS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE
DA
The Administration recommends that the City Commission adopt the proposed ordinance
BACKGROUND
In the 2006 State of the City Address, the Mayor mentioned his vision to create a Cultural
Arts Neighborhood in the Collins Park area. To that effect, Mayor Dermer appointed a Blue
Ribbon Committee to study the idea and create a purpose and propose a boundary.
The Committee determined that the mission of the Cultural Arts Neighborhood District
Overlay, CANDO, would be to help create affordable housing for cultural workers and
encourage arts-related businesses to establish within the district and in this way try to
reverse the gentrification process whereby high rents and property values displace artists,
art q~alleries and cultural activities from this area. The boundaries of the CANDO district are:
24t Street and North Lincoln Lane on the north; Meridian Avenue and Lenox Avenue on the
west; South Lincoln Lane on the south and the Atlantic Ocean on the east. A Sub
Committee of CANDO convened to solicit input on possible incentives and evaluate which
incentives should be proposed for the Commission's consideration. A resolution with
proposed incentives was approved by CANDO and subsequently considered by the City
Commission during their meeting on April 11th. At that time, the proposed incentives were
referred to the Planning Board for their review.
City Commission
Cultural Arts Neig
October 17. 2007
ANALYSIS
Overly - CANDO
2
The purpose in identifying this overlay district is to provide land-use incentives to property
owners, developers and commercial businesses to create affordable housing for cultural
workers and encourage arts-related businesses to establish within the district, and to create
definitions and mandatory requirements for new construction and rehabilitation of housing
units.
The proposed district crosses over several zoning districts with different development
regulations Because there are several zoning districts involved, an overlay district is
being proposed with regulations and incentives that are applied to this district only, without
changing the underlying development regulations.
The proposed ordinance includes a definition for "cultural arts workers," "artist" and
incentives to encourage development of housing targeting cultural arts workers that meet the
standard eligibility criteria for affordable housing (state or federal). One proposed incentive
would provide that, where permitted by the underlying zoning district, 50% of the increase in
FAR for the new construction of mixed used projects would be set aside for affordable
housing for cultural arts workers meeting United States Department of Housing and Urban
Development (HUD) and State of Florida guidelines for income eligibility for affordable
housing. The proposed regulations would require existing buildings being rehabilitated to
meet the minimum unit size of 400 square feet, but those buildings would not have to meet
the average minimum unit size of 550 square feet, if 25% of the units are set aside for
qualifying cultural arts workers.
As proposed, with regard to the new construction of mixed use projects in the proposed
overlay district, when permitted by the underlying zoning district, if 50% of such allowable
increase in FAR is set aside for the sale of units to qualifying cultural arts workers, the
project would have to comply with the minimum unit size of 550 square feet, but not with the
average minimum size of 800 square feet.
In addition, as proposed, parking requirements for new construction of "Live-Work" projects
in the CD-2 zoning district will meet the residential parking requirements forzoning purposes
if at least 25% of the units are reserved for affordable housing for cultural workers.
The proposed regulations also include mandatory criteria to ensure that these incentives are
used for the intended purpose, such as:
1. At the time of development review, the property owner shall submit a statement of
intent to construct housing for income eligible cultural arts workers.
2. A covenant running with the land restricting the use of the property for housing for or
income eligible cultural arts workers for a period of no less than 30 years.
3. Should the prope rty change from housing for moderate income cultural arts workers
during the coven ant period or thereafter, or other income-eligible population, the
property shall co mply with all applicable development regulations existing at the time
of the proposed c hange, including but not limited to minimum and average unit sizes
and parking requ irements.
4. If after atwo-year period, residential units set aside for cultural arts workers have not
been sold, they shall be reserved for other income-eligible population.
City Commission Memorar,
Cultural Arts Neighborhooc
October 17, 2007
5. The profits of the
income-eligible ~
Index (CPI) from
FISCAL IMPACT
~dum
I District Overly - CANDO
Page 3
re-sale of residential units sold to cultural arts workers or other
opulation shall be restricted to increases in the Consumer Price
the time of purchase through the time of resale.
The proposed Ordinance is not expected to have any fiscal impact, as there is no
requirement for additional funding by the City. The ordinance provides incentives for the
private sector to develop this type of housing, rather than the expenditure of public funds.
At the June 26, 2007 meeting, the Planning Board voted 6-0 vote (one member absent)
recommending approval of the proposed ordinance to the City commission requiring a
definition for "artist." This definition has been included in the ordinance.
LAND USE AND DEVELOPMENT COMMITTEE
At the May 14, 2007 meeting, the Land Use and Development Committee endorsed the
resolution and referred the Zoning Incentives to the Planning Board for further review and
recommendation.
CITY COMMISSION ACTION
At the September 5, 2007 meeting, the City Commission approved the proposed ordinance
on first reading by a vote of 7-0.
CONCLUSION
Pursuant to Section 118-164(3), when a request to amend the Land Development
Regulations does not change the actual list of permitted, conditional or prohibited uses in a
zoning category, the proposed ordinance may be read by title or in full on at least two
separate days and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the City. Immediately following the public hearing at the
second reading, the City Commission may adopt the ordinance by an affirmative five-
sevenths vote.
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~ ~ ~ H CITY OF MIAMI BEACH
6.. i ~E ~
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 Ha11,1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, October 17, 2007, to consider the
following:
10:20 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Division 17 Entitled: "Commission On The Status Of Women" So As To Change Its
Name To "City Of Miami Beach Commission For Women".
Inquiries may be directed to the Legal Department at (305) 673-7470.
10:25 a.m.
An Ordinance Amending Chapter 82 Of The Miami Beach Ciiy Code Entitled "Public Property," By Amending Article IV, Thereof Entitled "Beaches,"By
Amending Division I, Entitled "Generally," By Amending Section 82-441 Entitled "Fishing From Viaducts And Bridges"By Prohibiting Fishing In The Jetty
Area Between 29th And 33rd Streets And In Restricted Swim Areas In The City. _
Inquiries may be directed to the Legal Department at (305) 673-7470.
10:30 a.m.
An Ordinance Amending Ordinance No. 789, Thi
Classifications, Those Being The Classificatior
Negotiated Agreement; Effective In The First Pa
(6%), And The Minimum And Maximum Of Eac
October Of 2007, There Shall Be An Across The
Also Be Increased By Five Percent (5%); Effectiv
Of Four Percent (4%); And The Minimum And Tt
Ranges Of The Classifications Specified In Th
Establishing The Classification Of Water Meter
Florida, OPIEU Local 100, (GSAF); By Abolishin
Storekeeper III, In Group VI, Being Other Classific
Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Group IV
Covered By The Communication Workers Of America (CWA), Local 3178, In Accordance With The
Period Ending In October Of 2006, There Shall Be An Across The Board Wage Increase Of Six Percent
Pay Range Will Also Be Increased By Six Percent (6%); Effective With The First Pay Period Ending In
oard Wage Increase Of Five Percent (5%), And The Minimum And The Maximum Of Each Pay Range Will
With The First Pay Period Ending In October Of 2008, There Shall Be An Across The Board Wage Increase
Maximum Of Each Pay Range Will Also Be Increased By Four Percent (4%); And Amending The Salary
Negotiated Agreement; And By Abolishing The Classification Of Water Service Representative, And
pervisor In Group V, Being Those Classifications Covered By The Government Supervisors Association Of
The Class'rfication Of Administrative Aide II/Risk Management And Establishing The Classification Of
lions In The Classified Service Not Covered By A Bargaining Unit.
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:30 a.m.
An Ordinance Amending Ordinance No.1335,The Classified Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment Of
Annual And Sick Leave For The Communication Workers Of America (CWA) And "Others" C,~assifications In The Classified Services Not Covered By A
Bargaining Unit.
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:30 a.m.
An Ordinance Amending Ordinance No.1613,The Unclassidied Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment
Of Annual And Sick Leave.
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:35 a.m.
An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance, By Abolishing The Classifications Of Arts, Culture &
Entertainment Director, Log Cabin Education Coordinator, Log Cabin Employment Specialist/Job Coordinator, Log Cabin Instructor, Log Cabin Program
Administrator, Log Cabin Driver/Instructor Aide And Recreation Supervisor II; Establishing The Classifications Of E-Government Administrator, Management
Intem, Parks & Recreation Analyst, Senior Administrative Manager, Social Worker Int~m And Quality Assurance Officer; Amending The Grade Of Customer
Service Liaison. ~
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:40 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article III, "Overlay
Districts," Creating Division 7 Entitled "Cultural Arts Neighborhood District Overlay (CANDO)," By Including "Location And Purpose,"And "Compliance With
Regulations," Including Minimum And Average Unit Size For Rehabilitation And New Construction Projects, Mixed Use Floor Area Ratio (FAR) Incentives
Where Permitted In Order To Accommodate Affordable Housing For Cultural Arts Workers.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:45 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 X, "Historic Preservation", Division 3, "Issuance Of Cert'rficate Of Appropriateness/Certificate To Dig/Certificate Of
Appropriateness For Demolition", By Amending Section 118-591 To Modify Historic Designation Procedures. .
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 City
Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available
for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida
33139. This meeting may be continued and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, andlor any accommodation to
review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218(TTY) five days in advance to
initiate your request. TTY users may also call 717 (Florida Relay Service).
I Ad #452
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