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Ordinance 2024-4584Live Local Act Administrative_Review_P_rocedure ORDINANCE NO: 2024-4584 AN ORDINANCE OF THE MAYOR AND CITY -COMMISSION -OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, AT CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE V, "REZONINGS AND DEVELOPMENT APPROVALS," TO ESTABLISH SECTION 2.5.5, ENTITLED "DEVELOPMENT APPROVALS UNDER THE LIVE LOCAL ACT," TO ESTABLISH REGULATIONS AND PROCEDURES FOR THE REVIEW AND APPROVAL OF DEVELOPMENTS PURSUANT TO THE LIVE LOCAL ACT (INCLUDING SECTION 166.04151(7), FLORIDA STATUTES); AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Land Use and Housing Elements of the Miami Beach Comprehensive Plan include policies to incentivize the development and retention of workforce and affordable housing; and WHEREAS, the City of Miami Beach (the "City") finds that there is a shortage of affordable rentals within the City limits; and WHEREAS, in 2023, the Governor signed into law Senate Bill 102, known as the "Live Local Act," codified at Chapter 2023-17, Laws of Florida, which is broad ranging legislation intended to streamline and incentivize affordable housing developments within the State of Florida (the "Act"); and WHEREAS, the Act preempts certain use, density, and height regulations for qualifying developments that provide for the development of affordable multi -family rental housing in commercial, industrial, and mixed-use districts; and WHEREAS, these preemptions are set forth in Section 166.04151(7), Florida Statutes; and WHEREAS, the City Commission supports affordable housing and finds it necessary to revise the City Code in order to implement the provisions of the Act and establish equitable regulations for the development of mixed income projects; and WHEREAS, the Act provides that, if a municipality has designated less than 20 percent of the land area within its jurisdiction for commercial or industrial use, it is only required to allow multi -family development pursuant to the Act as part of a mixed-use residential development; and WHEREAS, approximately 11 percent of the land area within the City of Miami Beach is designated for commercial or industrial use; and WHEREAS, given that less than 20 percent of the land area of the City is designated for commercial and industrial use, any development of land approved pursuant to the Act must consist of a mixed-use residential project as defined in the Act; and WHEREAS, the Act requires that "a municipality must consider reducing parking requirements for a proposed development authorized under this subsection if the development is Page 1 of 5 located within one-half mile of a major transit stop, as defined in the municipality's land development code, and the major transit stop is accessible from the development'; and WHEREAS, the Miami Beach Resiliency Code provides reduced parking requirements for workforce and affordable housing units; and WHEREAS, the Act provides that, except as otherwise provided for within the Act, development authorized under the Act must comply with all applicable state and local laws and regulations; 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, AS FOLLOWS: SECTION 1. Chapter 2 of the Miami Beach Resiliency Code, entitled "Administration and Review Procedures," Article 5, "Rezonings and Development Approvals," is hereby amended to establish Section 2.5.5, entitled "Development Approvals Under the Live Local Act," as follows: CHAPTER 2 ADMINISTRATION AND REVIEW PROCEDURES ARTICLE V — Rezonings and Development Approvals 2.5.5 Development Approvals Under the Live Local Act 2.5.5.1 Applicability 1. Generally. The provisions of this section shall apply to any application for the development of land authorized under Section 166.04151(7), Florida Statutes, known as the Live Local Act. Except as otherwise provided, any application for development approval shall comply with all applicable procedures and requirements of the City Code and Land Development Regulations. 2. Affected areas. Only properties within the zoning districts listed below are eligible for the zoning incentives in Section 166.04151(7), Florida Statutes: 1. CD -1, Commercial, low intensity 2. CD -2, Commercial, medium intensity 3. CD -3, Commercial, high intensity 4. MXE, Mixed use entertainment 5. TC -1, North Beach Town Center core 6. TC -2, North Beach Town Center mixed-use Page 2 of 5 7. TC -C. North Beach Town Center -Central Core 8. C-PS1, Commercial limited mixed use 9. C-PS2, Commercial general mixed use 10. C-PS3, Commercial intensive mixed use 11. C-PS4, Commercial intensive phased bayside 12. RM-PS1, Residential mixed-use development 13. 1-1, Industrial, light 2.5.5.2 Affordability commitment. Pursuant to Section 166.04151(7), Florida Statutes, at least 40 percent of the multi -family residential dwelling units in a qualifying project shall remain affordable, as defined in Section 420.0004, Florida Statutes, for a period of at least 30 years. This requirement shall be incorporated as a condition of any administrative approval. Furthermore, as a prerequisite to the issuance of a building permit, the property owner shall execute and deliver to the City for recordation in the public records, in a form approved by the City Attorney, a declaration of restrictive covenants in favor of the City ensuring compliance with this affordability requirement. 2.5.5.3 Site plan approval. a. Site Plan Approval Prior to Buildinq Permit. Site plan approval by the Planning Director for development that qualifies for the zoning incentives set forth in Section 166.0451(7), Florida Statutes, shall be required prior to the submittal of an application for a building permit. b. Minimum Notice Requirements. A minimum 30 -day mail notice shall be required for all properties within 375 feet of the property that is the subject of the application. The applicant shall be responsible for satisfying this 30 -day mail notice requirement (including all associated costs). Additionally, a copy of the application and all exhibits shall be transmitted electronically to all registered neighborhood association(s) in the affected area. For properties located within a local historic district, a copy of the application and exhibits shall be transmitted electronically to the Miami Design Preservation League MDPL . c. Administrative Review of Site Plans. Site Dian approval for development that complies with Section 166.0451(7), Florida Statutes, this section, and all other applicable requirements of the Land Development Regulations and Comprehensive Plan shall be subject to administrative approval by the Planning Director. The Planning Director may issue an applicable Certificate of Appropriateness, Design Review Approval Order, or Conditional Use Permit, for projects that comply with the requirements of this section. d. Variances and Waivers. Any applicant that seeks a waiver or variance from the Land Development Regulations shall not be eligible for administrative review of a site plan by the Planning Director. Page 3of5 e. Warrants. Any applicant that seeks a warrant from the City Commission shall not be eligible for administrative review of a site plan by the Planning Director. f. Conditional Uses. Only conditional use permit applications for Neighborhood Impact Structures or Neighborhood Impact Lots shall be eligible for administrative review of a site Plan by the Planning Director. All other conditional uses shall require the review and approval of the Planning Board. 2.5.5.4 Density. Any development that qualifies for the zoning incentives in Section 166.0451(7), Florida Statutes, shall not exceed the highest allowed density permitted under Section 166.04151(7), Florida Statutes. 2.5.5.5 Height. Any development that qualifies for the zoning incentives in Section 166.0451(7), Florida Statutes, shall not exceed the maximum height permitted under Section 166.04151(7), Florida Statutes. 2.5.5.6 Development standards and criteria. Any development that qualifies for the zoning incentives in Section 166.0451(7), Florida Statutes, shall comply with the following: a. Equivalent. Treatment of all Dwelling Unit Requirements. All affordable and workforce dwelling units and market -rate dwelling units shall be located within the same site. All common areas and amenities shall be accessible and available to all residents (i.e. residents of both affordable and market rate dwellina units). Access to the reauired b. Mixed -Use Residential. Any development that is administratively approved pursuant to this section shall consist of a mixed-use residential project in accordance with the provisions of Section 166.04151(7), Florida Statutes. c. Unified Lot. All residential and non-residential components of the 'site plan shall be located on the same lot or unified development site. d. Compliance with Land Development Regulations and Comprehensive Plan. No development shall be administratively approved unless and until the Planning Director has determined that the site plan complies with all applicable provisions of the Land Development Regulations, except to the limited extent that any such provisions are Preempted by Section 166.04151(7), Florida Statutes. For example, but without limitation, each site plan shall be subject to the maximum intensity (floor area and floor area ratio) for the underlying zoning district, and all other applicable requirements ' of the Land Development Regulations. . e. Compliance with Comprehensive Plan. No development shall be administratively approved unless and until the Planning Director has determined that the site plan complies with all applicable provisions of the Comprehensive Plan, except to the limit extent that Page 4 of 5 any such provisions are preempted by Section 166.04151(7), Florida Statutes. For example, but without limitation, each site plan shall be subject to public facility levels of service, concurrency review, and the City's mobility -fee, and all other applicable requirements of the Comprehensive Plan. f. Criteria. No development shall be administratively approved unless and until the Planning Director has determinedthat the site plan complies with the following: 1. The design review or certificate of appropriateness criteria, as applicable; 2. The conditional use'criteria, as applicable; 3. The sustainability and resiliency criteria, as applicable: 4. Other criteria contained in the Resiliency Code, as applicable: and 5. Other criteria contained in the Comprehensive Plan, as applicable. 2.5.5.7 Appeals. Any appeal of the decision of the planning director shall be filed pursuant to the requirements of chapter 2, article IX of these Land Development Regulations. 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 31 ATTES / FEB 0 6 2024 Rafael E. Granado, City Clerk day of J ¢N u 4 r ` 2024. Steven Meiner Mayor First Reading: December 13, 2023 APPROVED AS TO FORM &LANGUAGE Second Reading: J ary31 , F#24 & FOR EXECUTION Verified By:U� UL/W I , Tho as R. Mooney, AICP I Z 3 Planning Director City Attorney Date T:\Agenda\2023\10 - December 2023\Planning\Live Local Act Administrative Reivew Process - First Reading ORD.docx Sponsored by Mayor and Commission Page 5 of 5 0 MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: January 31, 2024 10:45 a.m. Second Reading Public Hearing SUBJECT: LIVE LOCAL ACTADMINISTRATIVE REVIEW PROCEDURE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, AT CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE V, "REZONINGS AND DEVELOPMENT APPROVALS," TO ESTABLISH SECTION 2.5.5, ENTITLED "DEVELOPMENT APPROVALS UNDER THE LIVE LOCAL ACT," TO ESTABLISH REGULATIONS AND PROCEDURES FOR THE REVIEW AND APPROVAL OF DEVELOPMENTS PURSUANT TO THE LIVE LOCAL ACT (INCLUDING SECTION 166.04151(7), FLORIDA STATUTES); 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 13, 2023, at the request of former Mayor Dan Gelber, Commissioners Alex Fernandez and Laura Dominguez, and then Commissioner/newly elected Mayor Steven Meiner, the City Commission referred an amendment pertaining to the Live Local Act (the Act) to the Planning Board (C4 R). The purpose of this referral was for Planning staff to draft ordinance amendments to clarify the requirements of the Act within the City's development regulations and to address the maximum building height provisions set forth in the Act. On March 24, 2023, the Florida Legislature adopted Senate Bill 102, known as the "Live Local Act' which, in pertinent part, provides development incentives and overrides certain local zoning regulations for developments that provide at least 40%, workforce housing in commercial, industrial, and mixed-use districts. Specifically, the Live Local Act amends section 166.04151, Florida Statutes, entitled "Affordable Housing," to add the following text: (7)(a) A municipality must authorize multifamily and mixed use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in s. 420.0004. Notwithstanding any other law, local ordinance, Page 1091 of 2002 or regulation to the contrary, a municipality may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection. For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes. (b) A municipality may not restrict the density of a proposed development authorized under this subsection below the highest allowed density on any land in the municipality where residential development is allowed. (c) A municipality may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential development located in its jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher. (d) A proposed development authorized under this subsection must be administratively approved and no further action by the goveming body of the municipality is required if the development satisfies the municipality's land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, height, and land use. Such land development regulations. include, but are not limited to, regulations relating to setbacks and parking requirements. (e) A municipality must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one-half mile of a major transit stop, as defined in the municipality's land development code, and the major transit stop is accessible #6m the development. (t) A municipality that designates less than 20 percent of the land area within its jurisdiction for commercial or industrial use must authorize a proposed multifamily development as provided in this subsection in areas zoned for commercial or industrial use only if the proposed multifamily development is mixed-use residential. (g) Except as otherwise provided in this subsection, a development authorized under this subsection must comply with all applicable state and local laws and regulations. For reference, section 420.0004, Florida Statutes, defines affordable as follows: "Affordable" means that monthly rents or monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households as indicated in subsection (9), subsection (11), subsection (12), or subsection (17). (9) "Extremel y4ow-income persons" means one or more natural persons or a family whose total annual household income does not exceed 30 percent of the median annual adjusted gross income for households within the state. The Florida Housing Finance Corporation may adjust this amount annually by rule to provide that in lower income counties, extremely Page 1092 of 2002 low income may exceed 30 percent of area median income and that in higher income counties, extremely low income may be less than 30 percent of area median income. (11) "Low-income persons" means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. (12) "Moderate -income persons" means one or more natural persons or a family, the total annual adjusted gross household income of which is less than 120 percent of the median annual adjusted gross income for households within the state, or 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. (17) "Very -low-income persons" means one or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. The Live Local Act allows for development to provide housing for "Moderate -income persons," which is for households with an income that is less than 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA). This definition is more closely related to the City of Miami Beach's definition of workforce housing, which allows for incomes up to 140 percent of the median family income. ANALYSIS The proposed ordinance codifies how the applicable provisions of the Live Local Act (the Act) will be applied within the City and provides a clear process that is consistent with the Act, and for which applicable projects will follow. In addition, the ordinance clarifies the applicable zoning districts that are subject to the provisions of the Act (see attached map). The proposed ordinance creates a defined process for the review of applicable projects in accordance with the pertinent provisions of the Comprehensive Plan and the Land Development Regulations of the City Code (LDR's) including, but not limited to, all applicable review criteria and maximum intensity (FAR). Also, the Planning Director or designee will review .the proposal in accordance with the Certificate of Appropriateness, Design Review, or Conditional Use Permit (CUP) criteria, as applicable. The proposed ordinance also clarifies that all residential and non-residential components of a site plan be on the same lot or unified development site. Additionally, the residents of all units of a building, including affordable, workforce, and market rate units, must have access to all common areas and amenities, and such access must be provided through the same principal entrance used by all dwelling units. Page 1093 of 2002 The Act requires that in cities that have designated less than 20 percent of their land area for commercial or industrial uses, projects taking advantage of the Act be mixed-use. As approximately 11 percent of the city is designated as a commercial or industrial district, the proposed ordinance requires that projects taking advantage of the Act be mixed-use. In summary, the proposed ordinance provides a clear road map for future projects that may seek to utilize the provisions of the Live Local Act. The proposed ordinance also ensures that such new development projects comply with all applicable provisions of the City Code and Comprehensive Plan. PLANNING BOARD REVIEW On October 24, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). The Planning Board, by separate motion (7-0), also transmitted the following recommendations: 1. Public facility levels of service be reviewed in accordance with potential density increases. 2. Sub -section 2.5.5.6.d of the proposed ordinance be modified to include a reference to floor area ratio (FAR) as follows: d. Compliance with Land Development Regulations. No development shall be administratively approved unless and until the Planning Director has determined that the site plan complies with all applicable land development regulations that are not pre-empted by the Live Local Act, including FloorArea Ratio. 3. The ordinance be modified to direct the Planning Director to notify surrounding residents that an application has been received, to the extent possible, including staff contact information and a link to view the submitted plans. 4. The City Commission direct the Administration to review ordinances that have been adopted by other municipalities and report any applicable findings to the City Commission. 5. The City Commission explore the possibility of issuing a development moratorium to the extent permitted by law. The Administration has no objection to recommendations 1 — 3 and amended text was included in the draft ordinance for First Reading in response to these recommendations. Additionally, recommendation 1 is already effectuated for all development projects in the City through the LOS and concurrency review process. Recommendations 4 and 5 do not involve modifications to the proposed ordinance. UPDATE The subject ordinance was approved at First Reading on December 13, 2023, with no changes. Additionally, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waived the applicable fees based on circumstances unique to the proposed amendment. BUSINESS IMPACT ESTIMATE In accordance with Section 166.041 (4), Florida Statutes, the City of Miami Beach is required to Page 1094 of 2002 assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and published on the City's website on January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations. LOBBYIST DISCLOSURE In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsors as it relates to the subject ordinance amendment: 1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No 2. If so, specify name of lobbyist(s) and, principal(s): Not Applicable SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION No Fiscal Impact Expected CONCLUSION The Administration recommends that the City Commission adopt the subject ordinance. Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Yes Legislative Tracking Planning Sponsor Mayor and City Commission ATTACHMENTS:. Description D Map D Ordinance D BIE Statement SIGNED Does this item utilize G.O. Bond Funds? No Page 1095 of 2002 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Steven Meiner and Members of the City Commission FROM: Alina T. Hudak, City Manager MEETING DATE: January 31, 2024 SUBJECT: BUSINESS IMPACT ESTIMATE FOR: LIVE LOCAL ACT ADMINISTRATIVE REVIEW PROCESS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, AT CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE V, "REZONINGS AND DEVELOPMENT APPROVALS," TO ESTABLISH SECTION 2.5.5, ENTITLED "DEVELOPMENT APPROVALS UNDER THE LIVE LOCAL ACT," TO ESTABLISH REGULATIONS AND PROCEDURES FOR THE REVIEW AND APPROVAL OF DEVELOPMENTS PURSUANT TO THE LIVE LOCAL ACT (INCLUDING SECTION 166.04151(7), FLORIDA STATUTES); AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? ❑ Yes X No (if no, please check one of the boxes below) If one or more boxes are checked below, this means the City of Miami Beach has determined that a Business Impact Estimate for the above -referenced Ordinance is not required by State law. ❑ The proposed Ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed Ordinance relates to the issuance or refinancing of debt; ❑ The proposed Ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed Ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the City; ❑ The proposed Ordinance is an emergency ordinance; ❑ The Ordinance relates to procurement; or ® The proposed Ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections, 190.005 and 190.046, Florida Statutes, regarding community development districts; Page 1102 of 2002 January 31, 2024 Page 2 c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Page 1103 of 2002 January 31, 2024 Page 3 If none of the above exceptions apply, this Business Impact Estimate is hereby provided in accordance with. Section 166.041 (4), Florida Statutes. 1. A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission Memorandum accompanying the Ordinance, as well as in the recitals to the Ordinance itself, which,are attached hereto. 2. An estimate of, the direct economic impact of the proposed Ordinance on private, for- profit orprofit businesses in the City of Miami Beach, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed Ordinance or for which businesses will be financially responsible; and (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. Not 3. Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: I Not Applicable - 4. Additional comments: Page 1104 of 2002