Ordinance 2020-4348 •
TC-C District Co-Living Units- Land Development Regulations
ORDINANCE NO. 2020-4348
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH; FLORIDA,AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED
"LAND DEVELOPMENT REGULATIONS," BY AMENDING
CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 21, ENTITLED "TOWN CENTER-
CENTRAL CORE (TC-C) DISTRICT," SECTION 142-741,
ENTITLED "MAIN PERMITTED USES, ACCESSORY USES,
CONDITIONAL USES, PROHIBITED USES, AND
SUPPLEMENTAL USE REGULATIONS," TO MODIFY THE
MAXIMUM NUMBER OF CO-LIVING UNITS, MODIFY
PROVISIONS RELATING TO THE RESERVATION OF CO-
LIVING UNITS, AND CLARIFY EXISTING PROVISIONS; AND
PROVIDING FOR CODIFICATION, REPEALER,SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, in September 2015,at the recommendation of the Mayor's Blue Ribbon Panel
on North Beach, and pursuant to a Request for Qualifications, the City Commission entered into
an agreement with Dover, Kohl and Partners, Inc. to prepare a master plan for the North Beach
district of the City; and
WHEREAS, on October 19, 2016, and pursuant to City Resolution No. 2016-29608, the
Mayor and City Commission adopted the North Beach Master Plan developed by Dover, Kohl and
Partners Inc., following significant public input; and
WHEREAS, the North Beach Master Plan identifies the Town Center area as being in
need of redevelopment and revitalization; and
WHEREAS, the North Beach Master Plan identifies Micro-Unit Housing as an option for
encouraging attainable housing if regulated properly; and
WHEREAS,the North Beach Master Plan recommended increasing the FAR to 3.5 for the
Town Center zoning districts(TC-1, TC-2, and TC-3)within the Town Center neighborhood; and
WHEREAS, on November 7, 2017, and pursuant to Resolution No. 2016-29608, the
following ballot question was submitted to the City's voters:
FAR Increase For TC-1, TC-2 and TC-3 to 3.5 FAR—
Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size
of a building. Should the City adopt an ordinance increasing FAR in the Town
Center(TC) zoning districts (Collins and Dickens Avenues to Indian Creek Drive
between 69 and 72 Streets) to 3.5 FAR from current FAR of 2.25 to 2.75 for the
TC-1 district; from 2.0 for the TC-2 district; and from 1.25 for the TC-3 district; and
WHEREAS, the ballot question was approved by 58.64 percent of the City's voters; and
WHEREAS, on May 16, 2018, the City Commission adopted Comprehensive Plan
Amendment"Miami Beach 18-1 ESR" as Ordinance No: 2018-4189, providing for an FAR of 3.5,
for properties with a PF, TC-1, TC-2, and TC-3 future land use designation that are located within
the North Beach Town Center Revitalization Overlay; and
WHEREAS, on May 16, 2018, the City Commission adopted Ordinance No. 2018-4190
which amended the Land Development Regulations to provide for an FAR of 3.5 for properties
with a TC-1, TC-2, and TC-3 zoning designation for the properties located within the area
described in the FAR increase ballot question approved on November 7, 2017; and
WHEREAS, the City Commission intends to ensure that the FAR increase approved by
the voters in 2017 results in redevelopment that encourages alternative modes of transportation
over the use of single occupancy vehicles; including, but not limited to, walking, bicycling, and
public transportation; and
WHEREAS, Objective HE 1.1 of the Housing Element of the Comprehensive Plan and
subsequent policies encourage the creation and preservation of workforce and affordable housing
throughout the City; and
WHEREAS, the City Commission hereby finds that appropriately developed co-living and
micro units can provide additional flexibility and increase opportunities to provide housing that is
rented at an attainable rate for the workforce; and
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety, and general welfare of its citizens; and
WHEREAS, since the Town Center— Central Core (TC-C) zoning regulations were first
created in 2018,the City has received several development applications containing co-living units
within the TC-C district; and
WHEREAS, on July 29, 2020, and prior to the adoption of this Ordinance, the City
Commission expressed a desire to (i).allow currently approved co-living development to be
implemented, and (ii)study the operation and neighborhood impacts of co-living projects, prior to
considering any additional increase to the number of co-living units permitted; 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:
SECTION 1. Chapter 142, entitled "Zoning Districts and Regulations," Article II, entitled "District
Regulations,"Division 21,entitled"Town Center-Central Core(TC-C)District,"is hereby amended
as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
* * *
DIVISION 21. TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT
Sec. 142-741. Main permitted uses, accessory uses, ,
uses,conditional uses,and prohibited uses,and supplemental use regulations.
Land uses in th'e TC-C district shall be regulated as follows:
(b) The following supplemental regulations shall apply to specific uses in the TC-C district:
(1) There shall be no variances regarding the regulations for permitted, prohibited,
accessory, exdeptienspedial—exeeption7 and conditional uses in subsection 147-
741(a); and the supplemental regulations of such uses in and subsection 147-741(b).
(2) Use limitations.
a. The following limits shall apply for residential and hotel uses:
i. Hotel rooms. There shall be a limit of X91.8591,762 hotel units within the
TC-C district.
ii. Apartments. There shall be a limit of 500 apartment units built within the TC-
C district over and above the maximum allowable density and intensity, prior
to the adoption of the FAR increase approved on November 7, 2017. This
limit shall not authorize exceeding the maximum density authorized within
the adopted comprehensive plan.
iii. Workforce and affordable housing and co-living units. There shall be a
combined limit of 500 workforce housing, affordable housing, or co-living
units built within the TC-C district over and above the maximum allowable
density prior to the adoption of the FAR increase approved on November 7,
2017. However, a co-living unit that is less than 550 square feet shall count
as half of a unit for the purposes of calculating the maximum number of units.
This limit shall not authorize exceeding the maximum density authorized
within the adopted comprehensive plan.
iv. Co-living units. Notwithstanding the foregoing limitations,there shall be a limit
of 3-1-2 463 550 co-living units built within the TC-C district. Additionally. co-
living units shall only be permitted for projects that have obtained a building
permit process number by October 1, 2023.
b. Units for the uses identified in subsections(b)(2)a.i-
i iii above shall be applied for and allocated on a first-come, first serve basis
concurrent with an the earlier of a completed application for land use board
approval or completed application for building permit that includes the proposed
number of units, and meets all applicable requirements of the land development
regulations, as determined by the planning director,
. • ._ _ • . _ - _ •- . Any allocation of units pursuant to
this subsection shall be subject to the following additional provisions:
applicants. In the event that a land use board application is not approved
by the applicable board, or in the event that an applicant with an approved
land use board order fails to obtain a building permit before the board order
expires, all units allocated pursuant to the filing of the completed land use
board application shall be released to the pool and shall become available
to new applicants.
ii. - - :-- • - • - - -- -• - - •e - -
applicants. Upon the issuance of a building permit for units approved
pursuant to a land use board order,the allocation of such units shall remain
reserved. If the building permit or building permit application expires or is
abandoned, any units allocated pursuant to the building permit application
shall be released to the pool;and shall become available to new applicants.
Prior to reactivating an expired or abandoned building permit or building
permit application, an applicant shall first be required to obtain written
confirmation from the planning department that sufficient units remain
available.
iii. If said the use for which credits are allocated pursuant to a land use board
order or building permit changes to a use that does not require an allocation
of units,the allocation of units shall be released and shall become available
to new applicants.
c. Units for the uses identified in subsection (b)(2)a.iv above shall be applied for
and allocated on a first-come, first serve basis concurrent with a completed
application for land use board approval that includes the proposed number of
units, and meets all requirements of the land development regulations, as
determined by the planning director. Any allocation of units pursuant to this
subsection shall be subject to the following additional provisions:
In the event that a land use board application is not approved by the
applicable board, or in the event that an applicant with an approved land
use board order fails to obtain a building permit before the board order
expires, all units allocated pursuant to the filing of the completed land use
board application shall be released to the pool and shall become available
to new applicants.
ii. Upon the issuance of a building permit for units approved pursuant to a
land use board order, the allocation of such units shall remain reserved. In
the event that the building permit expires or is abandoned, any units
allocated pursuant to the building permit shall be released to the pool, and
shall become available to new applicants. Prior to reactivating an expired
or abandoned building permit or building permit application, an applicant
shall first be required to obtain written confirmation from the planning
department that sufficient units remain available.
If the use for which credits are allocated pursuant to a land use board order
changes to a use that does not require an allocation of units, the allocation
of units shall be released and shall become available to new applicants.
d. Any such units permitted the boundaries of the TC-C district, after November 7,
2017 shall be counted towards the maximum limit established herein.
d- e. Notwithstanding the use limitations in subsection a.i-iii above, the planning
director or designee may permit simultaneous increase and decreases in the
above described uses, provided that the impacts of the changes will not exceed
originally approved impacts, as measured by total weekday peak hour (of
adjacent street traffic, one hour between 4:00 p.m. and 6:00 p.m.) vehicle trips,
pursuant to the Institute of Transportation Engineers Trip Generation Manual, as
may be amended from time to time.
* *
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. 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 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 079 day of Jul , 2020.
ATTEST: 2-2 -11
Dan Gelber, Mayor
1 d t • cae APPROVED AS TO FORM AND
-.'-fael- ran-do, ity Clerk LANGUAGE AND FOR EXECUTION
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First Reading: June 24, 2020 City Attorney tr \Date
Second Reading: July 29, •,S20 I ,v
Verified By: IL' 4 L ►,♦,
o as R. Moon-y, /CP
Planning Director
T:1Agenda12020107 July 29\PIanning\NB TCC-Co-Living Regulations- SECOND Reading ORD ADOPTED.docx
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Ordinances -R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 29, 2020
9:30 a.m. Second Reading Public Hearing
SUBJECT:TC-C DISTRICT CO-LIVING UNITS - LAND DEVELOPMENT
REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 21, ENTITLED "TOWN CENTER-CENTRAL
CORE (TC-C) DISTRICT," SECTION 142-741, ENTITLED "MAIN
PERMITTED USES, ACCESSORY USES, CONDITIONAL USES,
PROHIBITED USES, AND SUPPLEMENTAL USE REGULATIONS," TO
MODIFY THE MAXIMUM NUMBER OF CO-LIVING UNITS, MODIFY
PROVISIONS RELATING TO THE RESERVATION OF CO-LIVING UNITS,
AND CLARIFY EXISTING PROVISIONS; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On November 14, 2018, the City Commission adopted Ordinance No. 2018-4224, establishing
the Town Center—Central Core (TC-C)zoning district. Pursuant to the recommendations of the
North Beach Master Plan,the ordinance allowed for a housing type that is new to the City known
as a co-living unit, which may also be known as a micro-unit. At the time of adoption, the
ordinance established a cap of 312 co-living units within the TC-C district, which represents
approximately ten percent(10%)of the total allowable units in the TC-C district.
Pursuant to the land development regulations (LDRs), a co-living unit is a residential unit that is
between 375 SF and 550 SF in size. The LDRs require that buildings with co-living units have a
minimum of 20 percent of the gross floor area for amenity space.
On July 31, 2019, the City Commission adopted Ordinance No. 2019-4287, which amended
the way density is calculated for co-living units in the TC-C district. The City Commission also
required that a review and update on implementation of this ordinance be provided within 6
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months of adoption.
Pursuant to Ordinance No. 2019-4287, one (1) co-living unit now counts as one-half (1/2) of a
conventional unit for the purposes of calculating the maximum allowable density and population
impact. Due to the lower population impact and lower floor area utilization rates associated with
co-living units, the Administration also proposed, at First Reading, an increase to the maximum
number of co-living units within the TC-C district, from the current limit of 312 units. The
Commission did not increase the current cap of 312 co-living units.
On February 12, 2020, the 6-month review required by Ordinance No. 2019-4287 was
presented to the City Commission, along with a draft ordinance to amend the maximum number
of co-living units and reservation requirements (item R9 H). The City Commission referred to
the proposed ordinance to the Planning Board, with an amendment that the increase in co-living
units be limited to accommodate an additional 140 units. The referral also included a request for
an advisory opinion from the Planning Board as to the maximum number of co-living units in the
TC-C district, as well as other locations in the City where co-living units should be permitted.
Commissioner Ricky Arriola is the sponsor of the subject ordinance amendment.
ANALYSIS
PLANNING BOARD REVIEW
The March 24, 2020 and April 21, 2020 Planning Board meetings were canceled, and the item
was moved to the May 19, 2020 Planning Board agenda. On May 19, 2020,the Planning Board
held a public hearing and transmitted the ordinance to the City Commission with a favorable
recommendation by a vote of 7-0,with no changes.
Pertaining to the advisory opinions sought by the City Commission regarding co-living units, the
Planning Board recommended the following:
1. Provide a recommendation to the City Commission regarding a maximum number of co-living
units to be permitted in the North Beach TC-C district:
The Planning Board recommended an increase in the cap on co-living units, but that
such an increase be offset by reductions in the caps of other types of units in the TC-C
district, such as residential and hotel, in order to re-allocate these units, without
increasing the overall quantity. The Planning Board also recommended that the City
continue to evaluate the traffic impact of those units in the TC-C district where the
occupants have private vehicles.
2. Provide a recommendation to the City Commission on whether to permit co-living units in
other areas of the City:
The Planning Board recommended that co-living units be expanded to other areas of
the City, after careful study and evaluation of which areas would be the most
appropriate, and with cap limits.
PLANNING ANALYSIS
Co-living and micro units are becoming increasingly common throughout urban cities in the
United Sates. Due to their smaller sizes, it is expected that co-living units will have more
attainable rents, while still providing a significant number of amenities for residents that allow for
high levels of social interaction.They are shown to attract young professionals that are not
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looking for the expense and responsibilities of home ownership, as well as retirees looking to
downsize. Attracting such residents is desirable in order to encourage the economic
development of the North Beach Town Center.
Due to the small size of co-living units, they will likely house fewer people than a conventional
housing unit. For planning purposes, it is estimated that a conventional housing unit has 2.5
people per dwelling unit. A report from the Urban Land Institute (ULI) entitled The Macro View
on Micro Units indicates that the ability to live alone is one of the primary reasons for people to
move into a co-living unit. Because of the size of a co-living unit and the expectation of more
attainable rent, it is more likely that they will be made up of single-person households. Because
a co-living unit is roughly half the size of a conventional unit, it can be estimated that the planning
impact of a co-living unit will be half (1/2) that of a conventional unit, or approximately 1.25
people per dwelling unit.
The following development applications have been approved by the Design Review Board
(DRB)or have submitted a building permit application with co-living units:
1.7145 Carlyle Avenue: 121 co-living units.
2. 6970 Collins Avenue:20 co-living units.
3. 7114 Collins Avenue: 168 co-living units.
Total: 309 co-living units.
When Ordinance 2019-4287 was presented to the City Commission in July of 2019, the
developer of the parcel located at 7140 Abbott Avenue expressed an intent to submit a
development application to the DRB, before the end of the year, for a project containing co-
living units.The proposed configuration of this project was contingent upon the approval by the
City Commission of a requested alley vacation. Although the developer began the formal DRB
application process as quickly as possible, 309 of the co-living units available within the pool of
312 units (for the TC-C district)were unexpectedly reserved, prior to the developer meeting the
technical requirement in City Code Section 142-741 to reserve the units (i.e. before, the
developer was determined to have filed a completed DRB application). The developer of 7140
Abbott Avenue is now proposing to construct 141 co-living units. If the cap were increased by
141 units to accommodate this proposal, the total number of proposed co-living units within the
TC-C district would increase from the current 312 units to 453 units.
Considering the general interest in, and forward movement of, applications including co-living
units within the area, the Administration has consistently recommended an increase in the overall
cap of co-living units within the TC-C district. The modification of the density calculation in July
of 2019 has increased the feasibility of co-living developments. However, without an additional
increase to the maximum number of co-living units in the district,the number of projects that can
develop these units is limited. Greater flexibility relating to the number of co-living units would
improve the likelihood of bringing a co-living development to fruition.As the City Commission
has expressed some concerns with the possible proliferation of co-living units, the proposed
ordinance provides for a modest increase from 312 units to 453 units.
In addition to the proposed increase in the cap for co-living units, the method of reserving co-
living units within the cap is proposed to be modified for purposes of clarity and equity. Currently,
Page 466 of 2461
a reservation for these units can be made on a first-come, first serve basis, by either making an
application for a (i) land use board approval, (ii) building permit, (iii) certificate of occupancy, or
(iv) business tax receipt. Since the allocation of co-living units is administered pursuant to the
LDRs (i.e. by the Planning Department), the Administration recommends that the land use
board application process be the sole method of reservation for co-living units. These proposed
revisions are contained within the attached draft ordinance.
SUMMARY/UPDATE
As previously noted in the February 12, 2020 Commission Memo, the administration
recommended that the cap on co-living units be increased to 550 units, in order to provide
flexibility for current and future projects to move forward with a co-living component. The
Planning Board, while not recommending a specific number, did recommend an increase in the
cap on co-living units, provided such increase is offset by a reduction in the cap of other types
of units in the TC-C district.
The City Commission approved the subject ordinance at first reading on June 24, 2020, subject
to the co-living cap being increased from 312 units to 453 units. Additionally the Commission
offset the 141 co-living unit increase by decreasing the cap on hotel units from 2000 to 1,859.
This modification has been incorporated into the attached ordinance for second reading.
As indicated in the June 24, 2020 Commission memo, the administration has evaluated the
current caps on all types of allowable units within the TC-C district under Sec. 142-741(b)(2) of
the TC-C regulations, including residential, hotel, affordable housing and workforce housing. In
this regard, a reduction in the number of allowable hotel units from the current cap of 2000 units
to 1,762 units, would offset an increase in the cap of co-living units from the current limit of 312
units to 550 units.
The administration continues to believe that such a re-allocation of units, as discussed by the
Planning Board, would be a neutral offset of the increase in co-living units. Additionally, the re-
allocation of units would come from allowable transient units. As such, it is recommended that
the City Commission increase the allowable cap of co-living units in the TC-C district to 550
units.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance and
include the following modification to Sec. 142-741(b)(2):
(2) Use limitations.
a. The following limits shall apply for residential and hotel uses:
i. Hotel rooms. There shall be a limit of MOO1,762 hotel units within the TC-C district.
ii.Apartments. There shall be a limit of 500 apartment units built within the TC-C district over and
above the maximum allowable density and intensity, prior to the adoption of the FAR increase
approved on November 7, 2017. This limit shall not authorize exceeding the maximum density
authorized within the adopted comprehensive plan.
Page 467 of 2461
iii. Workforce and affordable housing and co-living units. There shall be a combined limit of 500
workforce housing, affordable housing, or co-living units built within the TC-C district over and
above the maximum allowable density prior to the adoption of the FAR increase approved on
November 7, 2017. However, a co-living unit that is less than 550 square feet shall count as half
of a unit for the purposes of calculating the maximum number of units. This limit shall not
authorize exceeding the maximum density authorized within the adopted comprehensive plan.
iv. Co-living units. Notwithstanding the foregoing limitations, there shall be a limit of 342 550 co-
living units built within the TC-C district.
Applicable Area
North Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
o Form Approved ORD -2nd Read
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