2011-3744 Ordinance ORDINANCE NO. 2011 -3744
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, 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
NON - ELDERLY PERSONS; CHAPTER 142 "ZONING DISTRICTS AND
REGULATIONS," BY AMENDING ARTICLE IV. "SUPPLEMENTARY
DISTRICT REGULATIONS," BY AMENDING DIVISION 6. "HOUSING FOR
LOW AND /OR MODERATE INCOME ELDERLY PERSONS," BY INCLUDING
NON - ELDERLY PERSONS IN THE REGULATIONS; AMENDING SECTION.
142 -1181, "PURPOSE," SECTION 142 -1182 "DEFINITIONS," SECTION 142-
1183, "UNIT SIZE," AND SECTION 142 -1184 "MANDATORY CRITERIA;"
AMENDING 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," AND DIVISION 18. "PS
PERFORMANCE STANDARD DISTRICT," BY INCLUDING REFERENCES TO
DIVISION 6. "HOUSING FOR LOW AND /OR MODERATE INCOME NON -
ELDERLY AND ELDERLY PERSONS." PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, it is necessary to review development regulations from time to time and
adapt those regulations to changing needs; and
WHEREAS, there is a need to facilitate and provide for clean, secure and dignified
housing for low and /or moderate income non - elderly persons; and
WHEREAS, the Land Development Regulations of the City Code do not contain any
references to housing regulations for low and /or moderate income non - elderly; and
WHEREAS, Chapter 130 of the Land Development Regulations of the City Code
contains various provisions related to off - street parking; and
WHEREAS, the proposed regulations would facilitate new construction or rehabilitated
housing units for low and /or moderate income housing for non - elderly persons; 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:
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Section 1. 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:
(6A) Housing for low and /or moderate income non - elderly and elderly persons. For purposes
of this regulation, the following definitions shall apply:
Elderly Person shall be defined as a person who is at least 62 years of age.
Non - Elderly person is a person who is of legal age but less than 62 years of age
Elderly Household: a one or two person household in which the head of the
household or spouse is at least 62 years of age.
Non - Elderly Household: a one or two person household in which the head of the
household or spouse is of legal age but less than 62 years of age.
Housing for the elderly: shall not be construed as homes or institutions for the
aged, which are primarily assisted living facilities, convalescent or nursing
homes.
Low Income: 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: 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 non - elderly and
elderly persons:
a. 0.5 parking space per dwelling unit for elderly housing.
b. 1.00 parking space per dwelling unit of 800 square feet or less for non -
elderly low and /or moderate income housing. Units larger than 800
square feet shall meet the required parking as provided in (6) a., b. and c.
as applicable.
c. For the purposes of this section only, housing for low and /or moderate
income non - elderly and elderly persons shall be publicly owned or
nonprofit sponsored and owned, or developed by for - profit organizations.
£ d. The applicant shall submit written certification from the corresponding
state or federal agency in charge of the program.
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€ e. Off - street parking, pursuant to this section, shall be permitted only after a
finding by the planning director that, in view of the location of such
housing 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 f. A covenant running with the land restricting the use of the property for
housing for low and /or moderate income non - elderly and elderly persons
for a period of no less than 30 years shall be executed by the owner of
the property, approved as to form by the city attorney, recorded in the
public records of the county and shall be submitted prior to the issuance
of a building permit. The declarations within the covenant are not
severable. If a subsequent judicial determination invalidates the age
restriction in this section, or the covenant, the city shall not issue a
certificate of use and occupancy for a new use until the property owner
satisfies the then applicable parking requirements under this Code. The
property owner may satisfy the parking requirements by actually providing
the additional parking spaces or by reducing the number of residential
units. However, a property owner shall not be able to satisfy the parking
requirements by the payment of a fee in lieu of providing parking. At the
time of development review, the property owner shall submit a statement
of intent to construct housing for low and /or moderate income non - elderly
and elderly persons in accordance with this section.
g,. After approval of the decrease in parking spaces, the premises shall not
be used other than as housing for the non - elderly and elderly persons
unless and until any parking requirements and all other requirements or
limitations of this Code for the district involved and applying to the new
use shall have been met.
Section 2. 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:
* * *
(1A) Housing for low and /or moderate income non - elderly and elderly persons. For purposes
of this regulation, the following definitions shall apply:
Elderly Person shall be defined as a person who is at least 62 years of age.
Non - Elderly person is a person who is of legal age but less than 62 years of age
Elderly Household: a one or two person household in which the head of the
household or spouse is at least 62 years of age.
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_ - r
Non - Elderly Household: a one or two person household in which the head of the
household or spouse is of legal age but less than 62 years of age.
Housing for the elderly: shall not to be construed as homes or institutions for the
aged, which are primarily assisted living facilities, convalescent or nursing
homes.
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
Urban 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.
Parking requirements for housing for low and /or moderate income non - elderly and
elderly persons:
a. 0.5 parking space per dwelling unit for elderly housing.
b. 1.00 parking space per dwelling unit of 800 square feet or less for non -
elderly low and /or moderate income housing. Units larger than 800
square feet shall meet the required parking as provided in (6) a., b. and c.
as applicable.
c. For the purposes of this section only, housing for low and /or moderate
income non - elderly and elderly persons shall be publicly owned or
nonprofit sponsored and owned, or developed by for - profit organizations.
o d. The applicant shall submit written certification from the corresponding
state or federal agency in charge of the program.
e. Off - street parking, pursuant to this section, shall be permitted only after a
finding by the planning director that, in view of the location of such
housing 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 f. A covenant running with the land restricting the use of the property for
housing for low and /or moderate income non - elderly and elderly persons
for a period of no less than 30 years shall be executed by the owner of
the property, approved as to form by the city attorney, recorded in the
public records of the county and shall be submitted prior to the issuance
of a building permit. The declarations within the covenant are not
severable. If a subsequent judicial determination invalidates the age
restriction in this section, or the covenant, the city shall not issue a
certificate of use and occupancy for a new use until the property owner
satisfies the then applicable parking requirements under this Code. The
property owner may satisfy the parking requirements by actually providing
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the additional parking spaces or by reducing the number of residential
units. However, a property owner shall not be able to satisfy the parking
requirements by the payment of a fee in lieu of providing parking. At the
time of development review, the property owner shall submit a statement
of intent to construct housing for low and /or moderate income non - elderly
and elderly persons in accordance with this section.
# g After approval of the decrease in parking spaces, the premises shall not
be used other than as housing for the non - elderly and elderly persons
unless and until any parking requirements and all other requirements or
limitations of this Code for the district involved and applying to the new
use shall have been met.
SECTION 3. Chapter 142, "Zoning Districts and Regulations," Article IV. "Supplementary
District Regulations," Division Housing for Low And /Or Moderate Income Elderly," is hereby
amended as follows:
Division 6. Housing for Low and /or Moderate Income Non - Elderly and Elderly Persons.
Section 142 -1181. Purpose.
The purpose of this division is to create definitions and mandatory requirements for new
construction or rehabilitation of housing units for low and /or moderate income elderly and non -
elderly persons in order to facilitate and provide for clean, secure and dignified housing.
Section 142 -1182. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Elderly Person is a person who is at least 62 years of age.
Non - Elderly person is a person who is of legal age but less than 62 years of aqe
Elderly Household: a one or two person household in which the head of the
household or spouse is at least 62 years of age.
Non - Elderly Household: a one or two person household in which the head of the
household or spouse is of legal age but less than 62 years of aqe.
Housing for low and /or moderate income elderly is not homes or institutions for
the aged, which are primarily assisted living facilities, convalescent or nursing
homes.
Low Income: 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: 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.
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Section 142 -1183. Unit Size.
The minimum and average unit size for new construction for low and /or moderate income non -
elderly and elderly housing meeting the mandatory criteria of Section 142 -1184 shall be 550
square feet in all multifamily and commercial districts. The minimum and average unit size for
rehabilitated buildings for this type of development shall be 400 square feet in all multifamily and
commercial districts. Nonconforming buildings shall comply with the regulations set forth in
Section 118 -395, "Destruction, Repair and /or Renovation of Nonconforming Buildings and
Uses," with the exception of unit size, which shall be governed by this section.
Sec. 142 -1184. Mandatory Criteria.
Developments qualifying for the minimum and average unit size under this Division shall meet
all of the following mandatory criteria:
1. The development shall be publicly owned or nonprofit sponsored and owned, or
developed by for - profit organizations utilizing public funds.
2. The applicant shall submit written certification from the corresponding state or federal
agency in charge of the program.
3. At the time of development review, the property owner shall submit a statement of intent
to construct housing for low and /or moderate income non - elderly and elderly persons in
accordance with this section.
4. A covenant running with the land restricting the use of the property for housing for low
and /or moderate income non - elderly and elderly persons for a period of no less than 30
years shall be executed by the owner of the property, approved as to form and content
by the city attorney, recorded in the public records of Miami -Dade County and shall be
submitted prior to the issuance of a building permit. The declarations within the covenant
are not severable. If a subsequent judicial determination invalidates the age restriction,
or the covenant, the city shall not issue a certificate of use and occupancy for a new use
until the property owner satisfies the then applicable unit size regulations under this
Code.
5. Should the property change from housing for low and moderate income non - elderly and
elderly persons during the covenant period or thereafter, the property shall comply with
all applicable development regulations existing at the time of the proposed change,
including but not limited to minimum and average unit sizes and parking requirements.
SECTION 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.
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(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 Minimum Average Maximum Maximum
Lot Area Lot Width Unit Size Unit Size Building Height Number
(Square Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories
5,600 50 New New Historic district— Historic district —
construction— construction— 40 4
550i 800i Flamingo Park Flamingo Park
Local Historic Local Historic
Non - elderly and Non - elderly and District - 35 District -3
Elderly low and Elderly low and (except as (except as
moderate moderate provided in provided in
income housing: income housing: section 142- section 142 -
See section 142- See section 142- 1161) 1161)
1183 1183 Otherwise -50 Otherwise -5
Rehabilitated Rehabilitated
buildings -400 buildings -550
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:
Sec. 142 -217. Area requirements.
The area requirements in the RM -2 residential multifamily, medium intensity district are as
follows:
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Width Unit Size Unit Size Building Height Number
(Square Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories
7,000 50 New construction— New construction -- Historic district - -50 Historic district - -5
550; 800; (except as (except as
provided in section provided in section
Non - elderly and Non - elderly and 142 -1161) 142 -1161)
Elderly low and Elderly low and Area bounded by Area bounded by
moderate income moderate income Indian Creek Dr., Indian Creek Dr.,
housing: See Section housing: See Collins Ave., 26th Collins Ave., 26th
142 -1183 Section 142 -1183 St., and 44th St. -- St., and 44th St. - -8
75 Area fronting west
Rehabilitated Rehabilitated Area fronting west side
buildings -400 buildings- -550 side of Collins of Collins Ave.
Hotel unit: Hotel units - -N /A Ave. btwn. 76th St. btwn. 76th St. and
15 %: 300 - -335 and 79 St. - -75 79 St. - -8
85%: 335+ Otherwise - -60 Otherwise - -6;
Lots fronting Lots fronting
Biscayne Bay less Biscayne Bay less
than 45,000 s.f. -- than 45,000 s.f.-
100 11
Lots fronting Lots fronting
Biscayne Bay over Biscayne Bay over
45,000 sq. ft.- -140 45,000 sq. ft. - -15
Lots fronting Lots fronting
Atlantic Ocean Atlantic Ocean
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Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Width Unit Size Unit Size Building Height Number
(Square Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories
over 100,000 sq. over 100,000 sq.
ft. - -140 ft. - -15
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.
(b) The lot area, lot width, unit size and building height requirements for the RM -3 residential
multifamily, high intensity district are as follows:
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Unit Size Unit Size Building Height Number
(Square Feet) Width (Square Feet) , (Square Feet) (Feet) of Stories
(Feet)
7,000 50 New construction— New 150 16
550; construction -800; Oceanfront lots -- Oceanfront lots- -
200 22
Non - elderly and Non - elderly and Architectural dist.: Architectural
Elderly low and Elderly low and New construction -- dist: New
moderate income moderate income 120; ground floor construction - -13;
housing: See Section housing: See additions (whether ground floor
142 -1183 Section 142 -1183 attached or additions
detached) to (whether
Rehabilitated Rehabilitated existing structures attached or
buildings - -400 buildings - -550 on oceanfront lots- detached) to
Hotel unit: Hotel units - -N /A -50 (except as existing
15 %: 300 - -335 provided in section structures on
85 %: 335+ 142-11611 oceanfront lots- -
5 (except as
provided in
section 142 -
11611
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:
Maximum Minimum Minimum Minimum Average Maximum Maximum
Floor Lot Area Lot Width Apartment Apartment Building Number
Area Ratio (Square Feet) (Feet) Unit Size Unit Size Height of Stories
(Square Feet) . (Square Feet) (Feet)
1.0 Commercial -- Commercial -- Commercial -- Commercial -- 40 (except as 4 (except
None None N/A N/A provided in as
Residential -- Residential -- New New section 142- provided
5,600 50 construction— construction— 11611 in section
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Maximum Minimum Minimum Minimum Average Maximum Maximum
Floor Lot Area Lot Width Apartment Apartment Building Number
Area Ratio (Square Feet) (Feet) Unit Size Unit Size Height of Stories
(Square Feet) (Square Feet) (Feet)
550 800 142 -
11611
Rehabilitated Rehabilitated
buildings -400 buildings -550
Non - elderly Non - elderly
and Elderly and Elderly
low and low and
moderate moderate
income income
housing: See housing: See
Section 142- Section 142-
1183 1183
Hotel unit: Hotel units--
15%: 300-- N/A
335
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 Average Maximum Maximum
Floor Lot Area Lot Width Apartment Apartment Building Number
Area Ratio (Square Feet) (Feet) Unit Size Unit Size Height of Stories
(Square Feet) (Square Feet) (Feet)
1.5 Commercial -- Commercial -- Commercial -- Commercial -- 50 (Except 5 (Except
None None N/A N/A as provided as provided
Residential -- Residential -- New New in section in section
7,000 50 construction— construction— 142 -1161 142 -1161
550 800
Rehabilitated Rehabilitated
buildings -400 buildings -550
Non - elderly and Non - elderly and
Elderly low and Elderly low and
moderate moderate
income income
housing: See housing: See
Section 142- Section 142-
1183 1183
Hotel unit:
15 %: 300 - -335 Hotel units - -N /A
85 %: 335+
SECTION 9. Chapter142, ":Zoning Districts and Regulations," Article II, "District Regulations,"
Division 6, "CD -3 Commercial, High Intensity District" is hereby amended as follows:
Sec. 142 -337. Development regulations and area requirements.
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(c) The lot area, lot width, unit size and building height requirements for the CD -3
commercial, high intensity district are as follows:
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Width Unit Size Unit Size Building Number
(Square Feet) (Feet) (Square Feet) (Square Feet) Height of Stories
(Feet)
Commercial -- Commercial -- Commercial -- Commercial -- 75 Oceanfront lots - -22
None None N/A N/A Oceanfront lots— Oceanfront lots within
Residential -- Residential -- New New 200; the architectural dist.,
7,000 50 Construction— construction— Oceanfront lots new construction - -13;
550 800 within the ground floor additions to
architectural dist., existing structures on
Rehabilitated Rehabilitated new oceanfront lots - -5
buildings-400 buildings— construction - -120; 7
550 ground floor Lots fronting on 17th
Non - elderly additions to Street
and Elderly Non - elderly existing structures 5
low and and Elderly on Non - oceanfront lots
moderate low and oceanfront lots -50; within the architectural
income moderate 80 – Lots dist.
housing: See income fronting on 17th 11
Section 142- housing: See Street; City Center Area
1183 Section 142- 50 - Non - oceanfront (bounded by Drexel
1183 lots within Ave., 16th St., Collins
Hotel unit: the architectural Ave., the south property
15 %: 300 - -335 Hotel units -- district; line of lots fronting on
85 %: 335+ N/A 100 -City Center the south side of Lincoln
Area (bounded by Rd., Washington Ave.,
Drexel Ave., 16th and Lincoln Rd.),
St., Collins Ave., the subject to the applicable
south property line height restrictions
of lots fronting on (except as provided in
the south side of section 142 -1161
Lincoln Rd.,
Washington Rd.,
and Lincoln Rd.);
except the height for
lots fronting on
Lincoln Rd. and 16th
St. between Drexel
and Washington are
limited to 50' for the
first 50' of lot depth;
and except the
height for lots
fronting on Drexel
Avenue are limited
to 50' for the first 25'
of lot depth (except
as provided in
section 142 -1161) -
7
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SECTION 10. Chapter142, ":Zoning Districts and Regulations," Article II, "District Regulations,"
Division 18, "PS Performance Standard District," is hereby amended as follows:
Sec. 142 -696. Residential Performance Standard Area Requirements.
The residential performance standard area requirements are as follows:
Residential Subdistricts
Performance P -PS1 R -PS2 R -PS3 R -PS4
Standard
Minimum lot area 5,750 square feet 5,750 square feet 5,750 square feet 5,750 square feet
Minimum lot width 50 feet 50 feet 50 feet 50 feet
Required open 0.60, See section 0.65, See section 0.70, See section 0.70, See section
space ratio 142 -704 142 -704 142 -704 142 -704
Maximum building 45 feet 45 feet 50 feet Non - oceanfront - -80
height* Lots 50 feet wide or Lots 50 feet wide or Lots 50 feet wide or feet;
less - -35 feet less - -35 feet less - -35 feet Oceanfront - -100
feet; except that in
the Ocean Beach
Historic District - -35
feet for the first 60
feet of lot depth, 75
feet thereafter,
subject to the line -of-
sight analysis of
Sec. 142- 697(d)
Lots 50 feet wide or
less - -35 feet
Maximum number of 5 5 5 Non - oceanfront - -8
stories Lots 50 feet wide or Lots 50 feet wide or Lots 50 feet wide or Oceanfront - -11
less - -4 less - -4 less - -4 Lots 50 feet wide or
less - -4
In the Ocean Beach
Historic District - -7
Maximum floor area 1.25 1.50 1.75 2.0
ratio
Minimum floor area New construction— New construction— New construction— New construction —
per apartment unit 700; 650; 600; 550;
(square feet); except Rehabilitated
as provided in 142- buildings - -400 Rehabilitated Rehabilitated Rehabilitated
1183 for elderly and buildings - -400 buildings - -400 buildings - -400
low and moderate
income non - elderly
housing.
Minimum average New construction – New construction -- New construction -- New construction- -
floor area per 900; 900; 850; 800;
apartment unit
(square feet); except Rehabilitated Rehabilitated Rehabilitated Rehabilitated
as provided in 142- buildings - -550 buildings- -550 buildings - -550 buildings - -550
1183 for elderly and
low and moderate
income non - elderly
housing.
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Residential Subdistricts
Performance P -PS1 R -PS2 R -PS3 R -PS4
Standard
Minimum floor area N/A N/A 15% = 300 - -335 15% = 300 - -335
per hotel unit square feet square feet
(square feet) 85% = 335+ square 85% = 335+ square
feet feet
Minimum parking Pursuant to chapter 130 and section 142 -705 requirement
Minimum off - street Pursuant to chapter 130, article III.
loading
Signs Pursuant to chapter 138.
Suites hotel Pursuant to article IV, division 3 of this chapter.
SECTION 11. 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 12. 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 13 Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 14. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 19t day of October 011.
AT - :
6 I � ., ,..... MAYOR
CI CLERK :'�Q'. .............. 4 .. 0% �
"*"."",,\ 4 0."'
APPROVED AS TO
First Reading: ',' INCORP ORATED' • FORM AND LANGUAGE
Second Reading: '�.,2��•. _ •. ) & FOR EXECUTION
�''��•�� 26
Verified by: /f� A ��. y Attorney Date
� • g ` . G•mez, Al � 7 •
,P anning Director
Underscore • -notes new language
denotes deleted language
T:\AGENDA\2011 \9 -14- 11\2019 - ordinance re low and moderate income pkg 9 -14 -2011 rev.doc
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I
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Amending Chapter 142 to
include min. unit size & parking requirements for affordable non - elderly housing.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc.):
While nearly half, 47.6 %, suggested the effort put forth by the City to regulate development is
"about the right amount," nearly one - third, 29.6 %, indicated "too little" effort is being put forth by the City in
this area.
Issue:
Should the City Commission amend the development regulations to include minimum unit size and parking
requirements for non - elderly affordable housing.
Item Summary /Recommendation:
Second Reading Public Hearing
The City Code contains policies intended to facilitate development of affordable housing for low and /or
moderate income elderly persons. The existing regulations reduce the parking requirements and the
minimum average unit size for projects in new and rehabilitated buildings, in order to make such projects
more affordable. In order to ensure that the purpose of the amendment was met, the ordinance contained
specific definitions and mandatory criteria for such qualifying projects. The policy amendment being
considered at this time would extend these policies to affordable housing projects certified for low and /or
moderate income non - elderly persons. The same definitions and mandatory criteria would apply. The
proposed minimum and average unit size suggested by staff would be 400 square feet for rehabilitated
buildings and 550 square feet for new construction. The proposed parking requirement suggested is
reduced from 1.5 spaces per unit to 1 for units 800 square feet or less. Any larger units would follow the
current requirements.
The Administration recommends that the City Commission adopt the proposed ordinance.
Advisory Board Recommendation:
At its July 26, 2011 meeting, the Planning Board, by a vote of 4 -0 (three members absent) recommended
that the City Commission adopt the proposed ordinance.
Financial Information:
Source of Amount Account
Funds: 1
2
3
()BPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the
long -term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the
City Administration evaluated the long -term economic impact (at least 5 years) of this proposed
legislative action, and it appears that there may not be any potential measurable impact on the City's
budget as a result of the approval of the proposed ordinance.
City Clerk's Office Legislative Tracking:
Mercy Lamazares or Richard Lorber
Sign -Offs:
Department Director A istant CiJ anager City Manager
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T:\AGENDA\2011 \10 -19- 11\2019 - Min unit size y g ri affordable housing - .doc . aro
CA ..... AA I AM I B E AC H AGENDA ITEM P1 SD
DATE lU 9-1/
al- MIAMIB
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION E
ON M MORAN DUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 2011
Second Reading Public Hearing
SUBJECT: Minimum unit size and parking requirements for affordable housing projects
(low and /or moderate income non - elderly persons).
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, 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 NON - ELDERLY PERSONS; CHAPTER 142
"ZONING DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV.
"SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION
6, "HOUSING FOR LOW AND /OR MODERATE INCOME ELDERLY
PERSONS," BY INCLUDING NON - ELDERLY PERSONS IN THE
REGULATIONS; AMENDING SECTION 142 -1181, "PURPOSE," SECTION
142 -1182 "DEFINITIONS," SECTION 142 -1183, "UNIT SIZE," AND SECTION
142 -1184 "MANDATORY CRITERIA;" AMENDING 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," AND DIVISION 18, "PS
PERFORMANCE STANDARD DISTRICT," BY INCLUDING REFERENCES
TO DIVISION 6, "HOUSING FOR LOW AND /OR MODERATE INCOME NON -
ELDERLY AND ELDERLY PERSONS." PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance.
City Commission Memorandum
Minimum unit size and parking requirements for affordable housing
projects (low and /or moderate income non - elderly persons).
October 19, 2011 Page 2
BACKGROUND
On December 10, 2008, the City Commission accepted the recommendations report
submitted by the Affordable Housing Advisory Committee (AHAC). The
recommendations of the report include examining the development regulations for
affordable housing projects, including the minimum required unit size and parking
requirements for such apartments.
At the September 15, 2010 City Commission meeting, a development agreement
between the City and the Housing Authority of the City of Miami Beach (HACMB) was
approved, involving the purchase of an easement over the property located at 1231-
1251 17th Street, and an affordable elderly housing project to be developed and
constructed by HACMB. As part of this program, City staff discussed the AHAC
recommendations with HACMB, and has undertaken to initiate the examination of some
key development regulations for affordable projects for non - elderly persons, specifically
the minimum required unit size and parking requirements for such apartments.
The City Code contains policies intended to facilitate development of affordable housing
for low and /or moderate income elderly persons. The existing regulations reduce the
parking requirements and the minimum average unit size for projects in new and
rehabilitated buildings, in order to make such projects more affordable. In order to
ensure that the purpose of the amendment was met, the ordinance contained specific
definitions and mandatory criteria for such qualifying projects.
At the April 21, 2011 Land Use and Committee meeting, the Committee referred an
ordinance amendment that would permit low and /or moderate income non - elderly
projects to have the same requirements as those for elderly persons. The Committee
also requested that the parking requirements for these projects be reduced from 1.5 to
1.0 per unit for units of 800 square feet or less. Units larger than 800 square feet should
stay the same.
ANALYSIS
The policy amendment being considered at this time would extend these policies to
affordable housing projects certified for low and /or moderate income non- elderly
persons. The same definitions and mandatory criteria would apply. The proposed
minimum and average unit size suggested by staff would be 400 square feet for
rehabilitated buildings and 550 square feet for new construction. The proposed parking
requirement suggested would be a reduction as follows:
Current Requirement Proposed Requirement
Apartment buildings on Tots 1.5 spaces /unit. 1 space /unit.
that are 50 ft. in width or Tess
Apartment buildings :
p d ngs on lots wider than 50 ft..
units less than 800 square feet 1.5 spaces /unit 1 space /unit.
Units between 801 and 999 sq. ft. 1.5 spaces /unit 1.5 spaces /unit
units between 1000 and 1200 sq. ft. 1.75 spaces /unit 1.75 spaces /unit
units above 1200 sq. ft. 2.0 spaces /unit 2.0 spaces /unit
City Commission Memorandum
Minimum unit size and parking requirements for affordable housing
projects (low and /or moderate income non - elderly persons).
October 19, 2011 Page 3
As an example, an affordable housing new construction project on a 24,000 sq. ft. lot,
containing a mix of units from studio apartments to 2 bedroom units would have the
following parking requirements based on the existing regulations, the proposed
amendment and for comparison purposes, the existing elderly housing requirements:
Parking Requirements
Unit type # of units Existing Proposed Existing
Elderly
550 sq. ft. 10 10 10 5
800 sq. ft. 10 15 10 5
1050 sq. ft. 8 14 14 4
2000 sq. ft. 2 4 4 1
Total 30 48 38 15
The proposed amendment would reduce the current parking for an affordable housing
project, in the example above, from 48 spaces to 38 spaces. This represents a 20%
reduction. If in the example above, all of the 30 units were
p 800 sq. ft., the current
parking requirement would be 45 spaces. The proposed ordinance would reduce this
requirement to 30 parking spaces or a reduction of 33 %.
The following example demonstrates the effect of the second component of the
proposed ordinance dealing with the minimum unit size and minimum average unit size.
In this example it is assumed that the project contains only smaller type units meeting
the minimum average unit size on a 150'x150' lot and compares them in two different
sized buildings located in different zoning districts.
Zoning District Gross Bldg. Area Net Bldg. Area Number of units
in sq. ft. available for units Existing Min. Proposed Min.
in sq. ft. Avg. Unit size Avg. Unit size
(85 %) (800sf) (550sf)
RM -1 20,000 17,000 21 30
RM -2 33,000 28,050 35 51
It should be noted that as the projects achieve the maximum allowable floor area as per
the underlying zoning district, the gap between the number of units allowed currently and
the proposed ordinance diminishes. This is due to the overall density limits of units per
acre allowed under the City's Comprehensive Plan which does not make a distinction
between affordable units and regular market rate units. The ordinance does allow for
more units in smaller structures due to the lower minimums.
Section 142 -1182, "Definitions," as well as Section 130 -32 (6A) (parking district No. 1),
and Section 130 -33 (1A) (parking districts Nos. 2, 3, and 4) would be amended as
follows:
• Elderly Person is a person who is at least 62 years of age.
• Non - Elderly person is a person who is of legal age but less than 62 years
of age
• Elderly Household: a one or two person household in which the head of
the household or spouse is at least 62 years of age.
City Commission Memorandum
Minimum unit size and parking requirements for affordable housing
projects (low and /or moderate income non - elderly persons).
October 19, 2011 Page 4
• Non - Elderly Household: a one or two person household in which the
head of the household or spouse is of legal age but less than 62 years of
age.
• 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 Urban 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 low and /or moderate income elderly is not: homes or
institutions for the aged, which are primarily, assisted living facilities,
convalescent or nursing homes.
The same Mandatory Criteria in Section 142 -1184 would apply to the non - elderly and
will be amended to reflect the term of non - elderly persons. These are:
1. The development shall be publicly owned or nonprofit sponsored and owned, or
developed by for - profit organizations utilizing public funds.
2. The applicant shall submit written certification from the corresponding state or
federal agency in charge of the program.
3. At the time of development review, the property owner shall submit a statement
of intent to construct housing for low and /or moderate income elderly in
accordance with this section.
4. A covenant running with the land restricting the use of the property for housing
for low and /or moderate income non - elderly and elderly for a period of no Tess
than 30 years shall be executed by the owner of the property, approved as to
form and content by the city attorney, recorded in the public records of Miami -
Dade County and shall be submitted prior to the issuance of a building permit.
The declarations within the covenant are not severable. If a subsequent judicial
determination invalidates the age restriction, or the covenant, the city shall not
issue a certificate of use and occupancy for a new use until the property owner
satisfies the then applicable unit size regulations under this Code.
5. Should the property change from housing for low and moderate income non -
elderly and elderly during the covenant period or thereafter, the property shall
comply with all applicable development regulations existing at the time of the
proposed change, including but not limited to minimum and average unit sizes
and parking requirements.
And finally all the zoning districts that permit multifamily residential units would be
amended to reference Article IV, Division 6, "Housing for Low and /or Moderate Income
Non - elderly and Elderly Persons," which is the section of the City Code that contains the
development regulations for this type of population.
City Commission Memorandum
Minimum unit size and parking requirements for affordable housing
projects (low and /or moderate income non - elderly persons).
October 19, 2011 Page 5
PLANNING BOARD
At its July 26, 2011 meeting, the Planning Board, by a vote of 4 -0 (Fryd, Tobin & Beloff
absent) recommended that the City Commission adopt the proposed ordinance.
CITY COMMISSION
At the September 14, 2011 meeting, the City Commission approved the proposed
ordinance on first reading and set the second reading and public hearing for the October
19, 2011 meeting.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the Tong -term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long -term economic
impact (at least 5 years) of this proposed legislative action, and it appears that there may
not be any potential measurable impact on the City's budget as a result of the approval
of the proposed ordinance.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance.
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. The notice shall state the date, time and place of the meeting; the title or titles of
proposed ordinances; and the place or places within the city where such proposed
ordinances may be inspected by the public. The notice shall also advise that interested
parties may appear at the meeting and be heard with respect to the proposed ordinance.
Immediately following the public hearing at the second reading, the City Commission
may adopt the ordinance. An affirmative vote of five - sevenths of all members of the City
Commission shall be necessary in order to enact any amendment to these land
development regulations.
JMG /JGG /RGL /ML
T:\AGENDA\2011 \10 -19- 11\2019 - Min unit size &prkg req affordable housing memo.docx
NE THURSDAY, OCTOBER 6, 2011 1 13NE
$
MIAM1BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the`LS'ry
of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida,
on WEDNESDAY, OCTOBER 19th", 2011, to consider the following.
10:15 a.m. •
Amendments To The Roofing Material Ordinance
Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach; By Amending Chapter 142,
"Zoning Districts And Regulations ", Article IV, "'Supplementary District Regulations", Section 142 -875 "Roof Replacements" To
Modify And Expand,The Requ rements For Roofing Materials In, All Distracts.
Inquiries may be directed to the Planning Department at (305) 673 -7550.
10:20 afro.
Stay Of Work And Proceedings On Appeal: ,
Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 118, "Administrative And
Review Procedures," Article II, "Boards," Division 5, "Board Of Adjustment," Section 118 -137, "Stay Of Work And Proceedings On
Appeal," Clarifying And Amending The Stay Provisions Applicable To Matters On Appeal To The Board Of Adjustment.
Inquiries may be directed to the Planning Department at (305) 673 -7550
•
10:25 a.m. ' •
Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10 -11, Entitled "Running
At Large Prohibited" By Extending The Pilot Program Off -Leash Area For. Dogs In South Pointe Park Until January 1, 2012 And By
Adding Two (2) Hours In The Evening From 5:00 p.m. To 7:00 p.m. On Monday Through Friday, Providing For An Off-Leash Area
On The Par 3 Golf Course From Sunrise To 9:00 A.M. Daily And From 5.00 p,m. To 7:00 p.m On Monday Through Friday Until _
Construction Commences On The Par 3 Golf Course.
Inquiries may be directed to the Parks and Recreation Department at (305) 673 -7730
10:30 a.m. .
Minimum Unit Size And Parking Requirements For Affordable Housing Projects_
= An Ordinance Amending The Code Of The City Of Miami Beach, 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 Non - Elderly Persons; - •
Chapter 142 "Zoning Districts And Regulations," By Amending Article IV "Supplementary District Regulations," By Amending
Division 6. "Housing For Low And /Or Moderate Income Elderly Persons," By Including Non - Elderly Persons In The Regulations; -
Amending. Section._ 1'42 -1181, "Purpose," Section 142 -1182 "Definitions," Section 142 - 1183, "Unit Size," And Section 142 -1184
"Mandatory Criteria;" Amending 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 - Commercial, Medium Intensity District," Division
6 'CD-3 .Commercial, High Intensity- District," And Division 18. `PS Performance Standard District," By Including References To
Division 6. "Housing For Low And /Or Moderate Income .Non-Elderly And Elderly Persons."
Inquiries may be directed to the Planning Department at (305) 673 -7550.
10:35 a.m.
Recycling Ordinance:
- An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending The Definitions In Article
- 1• Entitled "In General," By Amending Section •90 -2, Entitled "Definitions "; By Amending Article II, Entitled "Administration" By
Amending The Penalties For Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For Multifamily
Residences And Commercial Establishments; By`Creating Article V, To Be Entitled "Citywide Recycling Program For Multifamily
Residences And Commercial Establishments," To Provide Provisions For Recycling Requirements And Enforcement, A Public
Education Program, A Warning Period, An Enforcement Date, Collector Liability, A "Red Tag" Noticing System, Penalties, And
Special Master Appeal Procedures. -
Inquiries may be directed to the Public Works Department at (305) 673 -7616
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, and/
or 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 711 (Florida Relay Service)
Ad #670
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