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Ordinance 2024-4608Administrative Review of Accessory Dwelling Units in Historic Districts ORDINANCE NO: 2024-4608 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE XIII, ENTITLED "HISTORIC PRESERVATION," SECTION 2.13.7, ENTITLED "ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION," BY AMENDING SUB -SECTION 2.13.7.C., ENTITLED "REVIEW PROCEDURE,,- TO ROCEDURE,"TO ESTABLISH AN ADMINISTRATIVE REVIEW PROCESS FOR ACCESSORY DWELLING UNITS; 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, an "accessory dwelling unit" is an independent living quarter that is accessory to a single-family detached dwelling; and WHEREAS, the City of Miami Beach finds that allowing accessory dwelling units in single- family residential areas, subject to certain specified conditions, provides additional housing opportunities, including workforce and affordable housing, while providing an extra source of income to homeowners; 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 2 of the Miami Beach Resiliency Code, entitled "Administration and Review Procedures," Article XIII, entitled "Historic Preservation", Section 2.13.7, entitled "Issuance of a Certificate of Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition," at subsection c. entitled "Review Procedures" is hereby amended as follows: CHAPTER 2 ADMINISTRATION AND REVIEW PROCEDURES ARTICLE XIII — HISTORIC PRESERVATION Page 1 of 3 Page 625 of 1445 2.13.7 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION c. Review procedure. iv. Notwithstanding subsections 2.13.7(c)(i) through (iii) above, all applications for certificates of appropriateness involving minor repairs, demolition, alterations and improvements (as defined below and by additional design guidelines to be adopted by the board in consultation with the planning director) shall be reviewed by the staff of the board. The staff shall approve, approve with conditions, or deny a certificate of appropriateness or a certificate to dig after the date of receipt of a completed application. For purposes of this paragraph, the application requirement of certificate of appropriateness review shall be satisfied by the submission of a corresponding building permit application, or such other permit application form required by the planning department. Such minor repairs, alterations and improvements include the following: 1. Ground level additions to existing structures, not to exceed two stories in height, which are not substantially visible from the public right-of-way (excluding rear alleys), any waterfront or public parks, provided such ground level additions do not require the demolition or alteration of architecturally significant portions of a building or structure. For those lots under 5,000 square feet, the floor area of the proposed addition may not exceed 30 percent of the floor area of the existing structure or primary lot, whichever is less, with a maximum total floor area not to exceed 1,500 square feet. For those lots between 5,000 square feet and 10,000 square feet, the floor area of the proposed addition may not exceed 20 percent of the floor area of the existing structure or primary lot, whichever is less, with a maximum total floor area not to exceed 2,000 square feet. For those lots greater than 10,000 square feet, the floor area of the proposed addition may not exceed 10 percent of the floor area of the existing structure or primary lot, whichever is less, with a maximum total floor area not to exceed 5,000 square feet. 2. Replacement of windows, doors, storefront frames and windows, or the approval of awnings, canopies, exterior surface colors, storm shutters and signs. 3. Facade and building restorations, recommended by staff, which are consistent with historic documentation, provided the degree of demolition proposed is not substantial or significant and does not require the demolition or alteration of architecturally significant portions of a building or structure. 4. Minor demolition and alterations to address accessibility, life safety, mechanical and other applicable code requirements, provided the degree of demolition proposed is not substantial or significant and does not require the demolition or alteration of architecturally significant portions of a building or structure. 5. Minor demolition and alterations to rear and secondary facades to accommodate utilities, refuse disposal and storage, provided the degree of demolition proposed is not substantial Page 2 of 3 Page 626 of 1445 or significant and does not require the demolition or alteration of architecturally significant portions of a building or structure. 6. Accessory Dwelling---Units--(AD-U) within --single family zoning districts -,provided the - proposed ADU does not require the demolition or alteration of architecturally significant portions of a building or structure. 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. SECTION 5. EFFECTIVE DATE. This Ordinance shall take ten days following adoption. PASSED and ADOPTED this 3 day of Aer,,t Steven Meiner, Mayor ATTES - APR 8 8 MON Rafael E. Granado City Clerk APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION Sponsored by Commissioner Alex J. Fernandez _ Co -Sponsored by Commissioner Laura Dominguez Co -Sponsored by Commissioner Tanya K. Bhatt Co -Sponsored by Commissioner Joseph Mazing - Co -Sponsored by Cmissioner Davi, Verified by: Thomas R. Moonily, Planning Director V r 0 City Attorney M 9-31 —,-3 Date T:1Agenda\2023\7 - September 2023\Planning\Administrative Review of ADU in Historic Districts : First Reading ORD.docx Page 3 of 3 Page 627 of 1445 Ordinances - R5 C MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: April 3, 2024 10:20 a.m. Second Reading Public Hearing SUBJECT: ADMINISTRATIVE REVIEW OF ACCESSORY DWELLING UNITS IN HISTORIC DISTRICTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE XIII, ENTITLED "HISTORIC PRESERVATION," SECTION 2.13.7, ENTITLED "ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION," BY AMENDING SUB -SECTION 2.13.7.C., ENTITLED "REVIEW PROCEDURE, "TO ESTABLISH AN ADMINISTRATIVE REVIEW PROCESS FOR ACCESSORY DWELLING UNITS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the ordinance. BACKGROUND/HISTORY On February 22, 2023, at the request of Commissioner Ricky Arriola, the City Commission referred a discussion item regarding accessory dwelling units (ADUs) in the Palm View area (C4 D) to the Land Use and Sustainability Committee (LUSC). On May 10, 2023, the LUSC recommended that the City Commission refer an ordinance regarding ADUs in the Palm View area to the Planning Board. The LUSC also recommended that the City Commission refer a separate ordinance to the Planning Board to allow for administrative review of ADUs in local historic districts. On June 28, 2023, the City Commission referred the proposed ordinance regarding administrative review of ADUs to the Planning Board (item C4 K). Subsequent to the item being referred to the Planning Board, Commissioner Alex Fernandez became a co-sponsor of the proposal. ANALYSIS ADUs are small living units that have their own kitchen and bathroom facilities and are on the Page 622 of 1445 same property as a single-family home. They are often rented out to provide a family with extra income or made available to a relative looking for additional privacy. Such units can either be attached or detached from the home, and they are sometimes referred to as granny flats, cottage houses, or secondary dwelling units. It was popular to include such units as part of single-family homes in the early 20th century, including within Miami Beach. However, ADUs fell into disfavor after World War I I when development patterns shifted to a more suburban style, and many cities began to prohibit them. With rising housing costs in urban areas, many cities are reintroducing the ability to build ADUs in single family areas. This is intended to provide housing that is more attainable to the workforce and to provide homeowners an extra source of income which can help them maintain their homes. The attached draft ordinance would allow for administrative review of ADUs in local historic districts that are zoned single-family. Specifically, Section 2.13.7.c is proposed to be amended to include the following additional applications for a certificate of appropriateness to be reviewed by the staff of the historic preservation board: Accessory Dwelling Units (ADU) within single family districts, provided the proposed ADU does not require the demolition or alteraton of architecturally significant portions of a building or structure. The proposal will simplify the process for homeowners to create ADUs in historic districts where they are authorized. All other applicable development regulations set forth in single family (RS) districts would still apply, including maximum unit size and lot coverage, as well as a prohibition on short term rentals. PLANNING BOARD REVIEW On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). UPDATE On February 21, 2024, the City Commission approved the subject ordinance at First Reading, with no changes, and scheduled a Second Reading public hearing for April 3, 2024. BUSINESS IMPACT ESTIMATE In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and as published on the City's website (https://www miamibeachfl.gov/city-hall/city- clerk/meeting-notices/) 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 sponsor 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 Page 623 of 1445 2. If so, specify name of lobbyist(s) and principal(s): Not Applicable 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. The City's 2040 Comprehensive Plan prioritizes affordable housing, with the express goal "to encourage redevelopment that provides workforce and affordable housing" within the City. FINANCIAL INFORMATION No Fiscal impact Expected CONCLUSION The Administration recommends that the City Commission adopt the ordinance. Applicable Area Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? Cly Code Section 2-14? Yes No Strategic Connection Mobility - Support affordable, compatible workforce housing. Legislative Tracking Planning Sponsor Commissioner Femandez/Co-sponsored by Vice -Mayor Dominguez/Commissioners Bhatt, Magazine, & Suarez ATTACHMENTS: Description ❑ Ordinance ❑ BIE Statement SIGNED Page 624 of 1445 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov TO: Mayor Steven Meiner and Members of the City Commission FROM: Alina T. Hudak, City Manager �� 101' MEETING DATE: January 31, 2024 SUBJECT: BUSINESS IMPACT ESTIMATE FOR: ADMINISTRATIVE REVIEW OF ACCESSORY DWELLING UNITS IN HISTORIC DISTRICTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE XIII, ENTITLED "HISTORIC PRESERVATION," SECTION 2.13.7, ENTITLED 'ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION," BY AMENDING SUB -SECTION 2.13.7.C., ENTITLED "REVIEW PROCEDURE, "TO ESTABLISH AN ADMINISTRATIVE REVIEW PROCESS FOR ACCESSORY DWELLING UNITS; 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 11 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; Page 628 of 1445 January 31, 2024 Page 2 b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; --- ----- ------ - - c: Section 553.73; Florida Statutes; relating "to the Florida Buil" mg o- e; of-*-__- d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Page 629 of 1445 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 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: Not Applicable 4. Additional comments: Page 630 of 1445 .