Ordinance 2023-4556 Washington Avenue Overlay—Co-Living Amendments
ORDINANCE NO. 2023-4556
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 OF
THE CITY CODE, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," BY AMENDING SECTION 142-309,
ENTITLED "WASHINGTON AVENUE DEVELOPMENT
REGULATIONS AND AREA REQUIREMENTS," TO EXTEND THE
TIME TO OBTAIN A BUILDING PERMIT FOR CO-LIVING OR MICRO
RESIDENTIAL UNITS, ADOPT REGULATIONS FOR THE EAST SIDE
OF WASHINGTON AVENUE WITHIN THE OVERLAY, AND ADOPT
RELATED AMENDMENTS TO EXISTING REGULATIONS; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety, and general welfare of its citizens; and
WHEREAS, previously, pursuant to the input and recommendations of the Mayor's
Washington Avenue Blue Ribbon Task Force, the City adopted development regulations specific
to Washington Avenue; and
WHEREAS, the City reviewed the condition of properties located along Washington
Avenue, in light of concerns raised by local residents, property owners, and businesses; and
WHEREAS, various constituents have expressed concerns regarding the deterioration of
the area; and
WHEREAS, residents, property owners, and businesses are concerned with the quality of
life and condition of the streets within the portions of the Flamingo Park Historic District and the
National Register Historic District along Washington Avenue; and
WHEREAS, the City studied various mechanisms for improving the quality of life and
quality of businesses within the area; and
WHEREAS, the City subsequently adopted Ordinance 2019-4312, as amended, which
immediately incentivized new business development, including two new hotels and a new co-
living project with an office component; and
WHEREAS, this has improved the quality of life and viability of new businesses within the
Washington Avenue neighborhood; and
WHEREAS, to allow additional time for projects to obtain building permits, the City
Commission finds it in the best interest of the City to extend the deadline to obtain the benefits of
these incentives for projects proposing co-living or micro residential units; and
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WHEREAS, in addition to the adopted incentives for the west side of Washington Avenue,
the City, with the input of residents, property owners, and businesses, has determined that co-
living and micro residential units would also bring beneficial development to the east side of
Washington Avenue within a subarea of the Overlay in accordance with a list of specific
safeguards; and
WHEREAS, the amendments set forth below extend the deadline for existing zoning
incentives and create new incentives for the east side of Washington Avenue, which in turn, will
continue to improve the quality of life of the greater Washington Avenue neighborhood.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 5, "CD-2 Commercial, Medium Intensity District," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
* * *
DIVISION 5. CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
* * *
Sec. 142-309. Washington Avenue development regulations and area requirements.
The following regulations shall apply to properties that front Washington Avenue between
6th Street and 15th Street, referred to herein as "South Washington Avenue," and between 15th
Street and 16th Street, referred to herein as "North Washington Avenue"; where there is in the
event of a conflict within this division, the criteria regulations below shall apply:
* *
(5) Co-living or micro residential units are permitted as a voluntary development incentive in
South Washington Avenue and North Washington Avenue (as defined in this section) subject to
the following regulations:
a. For co-living or micro residential units, the minimum unit size may be 275 square feet,
provided that a minimum of 20 percent of the gross floor area consists of amenity space
on the same unified development site.Amenity space includes the following types of uses:
Common area kitchens; club rooms; business center; retail; screening rooms; fitness
center; wellness center; spas; gyms; pools; pool decks; roof decks,restaurant, bar or cafe
above the ground floor; and other similar uses whether operated by a condominium or
cooperative association or another operator. Fitness centers, wellness centers, spas, and
gyms located on the ground floor shall be open to the public. Restaurants, bars, or cafai
on the ground floor shall net nee,nt toward the amenity spare requirements set forth herein.
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These amenities may be combined with the amenities for hotel units on the same unified
development site, provided that residents and hotel guests have access to such amenities.
b. Within the same unified development cite, office uses are provided with a minimum of
10,000 square feet shall be provided.
b. Each unit shall be fully furnished and shall have an individual bathroom.
c. All one-bedroom co-living units shall have a washer and dryer machine located within
the unit, and co-living units with two or more bedrooms shall, at a minimum, install a
washer and dryer in the common area of the unit.
d. Each co-living unit may contain a maximum of six bedrooms.
,
the western lot line of the unified development site must front on a street with an RM 1 or
RO zoning designation.
g e. A maximum of 50 percent of the floor area within the unified development site may
consists of co-living or micro units.
# f. The owner must obta' ' '- - -- - - '--- •- - - =
March 1, 2023 September 1, 2027.
f. Formula commercial establishments and formula restaurants, as defined in section
114-1, are prohibited on a unified development site with co-living or micro units.
} g, The owner/operator shall submit a covenant running with the land, in a form
acceptable to the city attorney, agreeing that any owner/operator of co-living or micro units
within the unified development site shall be obligated to clean and maintain (or arrange to
have cleaned and maintained) each unit.
k. h. The owner/operator shall submit a covenant running with the land, in a form
acceptable to the city attorney, agreeing that any owner/operator of co-living or micro units
within the unified development site shall be required to perform background screening
investigations of all tenants of co-living or micro units.
h i_Any owner/operator of co-living or micro units must provide onsite security guards 24
hours a day, seven days a week.
+A:L All exterior windows in any hotel, co-living, or micro units on the unified development
site shall contain double-pane glass and/or laminated windows.
117 k. Ground floor uses fronting on Washington Avenue shall be limited to retail, restaurant,
bar, or gym/fitness center. Residential uses fronting Washington Avenue shall be
prohibited on the ground floor, except for the lobby and any required vertical circulation.
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e I. Each co-living unit must include a dining, kitchen, and living area, unless a dining,
kitchen, and living area is provided on the same floor.
q:m. A wellness center shall be provided within a unified development site containing co-
living or micro units, which wellness center shall have both self-service and personal
training offerings such as strength training, yoga, stretching, recovery, mindfulness,
cardiovascular equipment, and nutritional planning.
No variances shall be permitted from the provisions of this subsection (5).
(6) In addition to the foregoing, the following additional regulations shall apply to co-living or micro
residential units in South Washington Avenue:
a. Within the same unified development site, office uses with a minimum of 10,000 square
feet shall be provided.
b. Co-living units may only be located on the west side of Washington Avenue. In addition,
the western lot line of the unified development site must front on a street with an RM-1 or
RO zoning designation.
c. A rooftop seating area, pool, and garden shall be provided within the unified
development site.
d. A building permit for co-living or micro residential units in South Washington Avenue
must be obtained within one (1) year from the effective date of this section.
No variances shall be permitted from the provisions of this subsection (6). •
(7) In addition to the foregoing, for development projects in North Washington Avenue containing
co-living or micro residential units, the following additional regulations shall apply:
a. Hotel, suite hotel, apartment hotel and/or hostels shall be prohibited.
b. Retail use shall not be permitted as required amenity space.
c. The inclusion of co-living or micro residential units in North Washington Avenue is a
voluntary development incentive that shall only be permitted if the property owner elects,
at the owner's sole discretion, to voluntarily execute a restrictive covenant running with
the land, in a form approved by the city attorney, affirming and agreeing to the following
restrictions on the subiect development site, in perpetuity:
1. A minimum of 20 percent of the total number of co-living or micro residential
units shall be set aside for workforce housing, as defined in Chapter 58, Article VI
of this Code.
2. The minimum rental period for any co-living or micro residential unit on the
development site shall be no less than six months and one day.
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d. For development protects that comply with the foregoing regulations, a maximum of 80
percent of the floor area within the unified development site may consist of co-living or
micro units.
e. A building permit for co-living or micro residential units in North Washington Avenue
must be obtained within three (3) years from the effective date of this section.
No variances shall be permitted from the provisions of this subsection (7).
(68) For lots that have a frontage that is greater than 100 feet, the following shall apply:
a. Maximum building length. Unless otherwise approved by the historic preservation board
at its sole discretion, no -plane of a building, above the ground floor façade facing
Washington Avenue, shall continue for greater than 100 feet without incorporating an
offset of a minimum five feet in depth from the setback line. The total offset widths shall
total no less than 20 percent of the entire building frontage.
b. Physical separation between buildings. Unless otherwise approved by the historic
preservation board at its sole discretion, a physical separation must be provided between
buildings greater than 200 feet in length and at/or above 35 feet in height from the ground
floor. Notwithstanding the foregoing, for building sites with a lot frontage in excess of 500
feet, no physical separation is required if: (i) the length of the building at/or above 35 feet
in height from the ground floor does not exceed 50 percent of the length of the frontage of
the property; and (ii) the offsets required in subsection (a), above, are a minimum of 20
feet in depth from the setback line and the combined offset widths total no less than 30
percent of the entire building frontage.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or re-
lettered to accomplish such intention, and, the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 17 day of4 , 2023.
ATTEST:
Dan Gelber, Mayor
MAY 2 2 2023 APPROVED AS TO
• ' FORM AND LANGUAGE
Rafael E Granado, City Clerk & FOR EXECUTION
9,-23
City Attorney Date
First Reading: Febr,..ry 22, 202,
Second Reading: M. , 2023 _.M,,B, ,
Verified By: 0.
INCORP ORATED s
Thomas R. M•oney, Ate' '�?' , •`co;
Planning Director ••26 __,
T:Wgenda\202314-May 2023\Planning\Washington Avenue Overlay Co-Living Amendment-Second Reading ORD ADOPTED.docx
6
Ordinances -R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: May 17, 2023
10:20 a.m. Second Reading Public Hearing
SUBJECT:WASHINGTON AVENUE OVERLAY-CO-LIVING AMENDMENTS
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 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT," BYAMENDING SECTION
142-309, ENTITLED "WASHINGTON AVENUE DEVELOPMENT
REGULATIONS AND AREA REQUIREMENTS," TO EXTEND THE TIME TO
OBTAIN A BUILDING PERMIT FOR CO-LIVING OR MICRO RESIDENTIAL
UNITS, ADOPT REGULATIONS FOR THE EAST SIDE OF WASHINGTON
AVENUE WITHIN THE OVERLAY, AND ADOPT RELATED AMENDMENTS
TO EXISTING REGULATIONS; 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 September 14, 2022, at the request of Commissioner Ricky Arriola, the City Commission
referred a discussion item (C4 Z) to the Land Use and Sustainability Committee (the "LUSC")
pertaining to co-living regulations within the Washington Avenue Overlay. On September 28,
2022, the LUSC recommended that an ordinance be referred to the Planning Board, with the
following modifications:
1. A prohibition of Apartment Hotel, Hotel, Suite Hotel, and Hostels within developments that
propose co-living and/or micro residential units.
2. An agreement, via covenant, to mandate that the minimum rental period of all co-living, micro
and/or residential apartment units shall be no less than three (3)months and one (1)day.
3. A minimum of 20 percent of all units shall be set aside for workforce housing, as defined in
Chapter 58 of the City Code.
Page 407 of 945
On October 26, 2022, the City Commission referred the proposed ordinance (C4 A), inclusive
of the recommendations of the LUSC as noted above, to the Planning Board for review and
recommendation.
On October 16, 2019, and July 29, 2020, the City adopted Ordinance No. 2019-4312 and
Ordinance No. 2020-4346, respectively,which established and refined the current provisions for
co-living and micro residential units on Washington Avenue. The Ordinances incentivized a new
co-living project with an office component in the 1200 block of Washington Avenue, which is in
the process of obtaining a building permit.
However, these Ordinances limited the co-living component to the west side of Washington
Avenue and included a sunset provision for co-living and micro-unit residential projects. For
reference, in this area, co-living and micro units are residential units where the minimum size
may be 275 square feet, provided that a minimum of 20 percent of the gross floor area of the
building consists of amenity space.
ANALYSIS
The proposed ordinance would amend Section 142-309 of the Land Development Regulations
(LDRs)of the City Code (Washington Avenue Overlay), to modify the regulations related to co-
living and micro-unit development. The proposed Ordinance creates a "South Washington
Avenue" area, between 6th Street and 15th Street, and a "North Washington Avenue" area,
between 15th Street and 16th Street, for the purposes of creating distinct co-living regulations
for each area.
The "South Washington Avenue" area is where the existing co-living regulations apply. Portions
of the current Washington Avenue co-living regulations that are only applicable in this area were
moved to a new subsection (6), including the requirement that co-living units only be located on
the west side of Washington Avenue, and on a site that fronts on a street with an RM-1 or RO
zoning designation.
The proposed changes primarily affect the "North Washington Avenue" area. Building co-living
units was previously not possible in this area and the proposed regulations provide that co-living
units would be permitted on both sides of Washington Avenue. The Ordinance also provides the
following restrictions for developments that contain co-living units:
1) Hotels, suite hotel, apartment hotel and/or hostels shall be prohibited.
2) The property owner shall submit a covenant running with the land, in a form acceptable to the
City Attorney, agreeing to the following:
a.A minimum of 20 percent of the total number of co-living or micro residential units shall be set
aside for workforce housing, as defined in Chapter 58,Article VI of the City Code.
b. The minimum rental of any co-living or micro residential unit shall be for a period of no less
than three (3)months and one (1)day.
3) The percentage of maximum floor area for co-living or micro units within a development has
been increased from 50 percent to 85 percent.
Page 408 of 945
4) No variances are permitted from this section.
The amendment also provides that exterior windows for co-living, or micro units may now
contain laminated windows, in addition to the existing option for double-pane glass.
The proposed Ordinance would slightly expand the area where co-living units can be built in the
City. Co-living is a housing type that is becoming more common throughout many of the
country's urban areas and is considered more attainable due to the smaller square footages
permitted for each unit. Given the local and regional housing affordability issues impacting the
City, co-living units are an option that can assist the City in addressing this challenge by
increasing and diversifying the housing stock and inventory.
Since the proposed Ordinance contains income limits for 20 percent of the units built in the
"North Washington Avenue" area, these units are expected to assist in providing housing that is
attainable to the City's workforce. The Administration is highly supportive of the proposed
amendment and recommends that the Ordinance be approved.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on December 20, 2022 and transmitted the
Ordinance to the City Commission with a favorable recommendation by a vote of 5-2.
UPDATE
The subject ordinance was approved at First Reading on February 22, 2023, with no changes.
On March 27, 2023, the ordinance was considered for adoption at Second Reading and
continued to the April 28, 2023 Commission Meeting.
On April 28, 2023, the City Commission discussed the proposal at Second Reading and
continued the item to the May 17, 2023 Commission meeting. After the April 28, 2023 City
Commission meeting,the item sponsor requested that the ordinance be revised as follows:
1. Restaurants, bars and cafes have been removed as allowable amenity space.
2. Retail uses will only be permitted as allowable amenity space within the South Washington
Avenue area.
3.A building permit for co-living units in North Washington Avenue must be obtained within three
(3)years from the effective date of the ordinance.
4.A building permit for co-living units in South Washington Avenue must be obtained within one
(1)year from the effective date of the ordinance.
These modifications have been incorporated into an updated version of the ordinance for
Second Reading.
SUPPORTING SURVEY DATA
The Mayor and City Commission identified the need for workforce and affordable housing as a
key objective in the City's 2019 Strategic Plan Through the Lens of Resilience to "support
affordable, compatible workforce housing through public and private partners for key industries,
Page 409 of 945
including the use of development incentives." The City's 2040 Comprehensive Plan prioritizes
workforce housing, with the express goal "to encourage redevelopment that provides workforce
and affordable housing"within the City."
FINANCIAL INFORMATION
No fiscal impact is anticipated.
CONCLUSION
The Administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
South 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
Strategic Connection
Mobility-Support affordable, compatible workforce housing.
Legislative Tracking
Planning
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
D Ordinance
❑ Ad
Page 410 of 945
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