Ordinance 2024-4651 Live Local Act Application Fees
ORDINANCE NO. 2024-4651
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," AT SECTION 2.5.5, ENTITLED
"DEVELOPMENT APPROVALS UNDER THE LIVE LOCAL ACT," TO
ESTABLISH ADMINISTRATIVE FEES FOR THE REVIEW AND
APPROVAL OF DEVELOPMENTS PURSUANT TO THE LIVE LOCAL
ACT (INCLUDING SECTION 166.04151(7), FLORIDA STATUTES); AND
BY AMENDING THE CITY CODE AT"APPENDIX A—FEE SCHEDULE,"
TO PROVIDE FOR ADMINISTRATIVE FEES FOR THE REVIEW AND
APPROVAL OF DEVELOPMENTS UNDER THE LIVE LOCAL ACT;AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, in 2023, the Governor signed into law Senate Bill 102 (2023), 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, in 2024, the Governor signed into law Senate Bill 328 (2024), amending the
Act, in pertinent part, to provide for additional zoning incentives for qualifying projects; and
WHEREAS, on January 31, 2024, the Mayor and City Commission adopted Ordinance
No. 2024-4584, establishing administrative and review procedures for development approvals
under the Act; and
WHEREAS, the Act requires that qualifying developments be reviewed administratively
(i.e. by the Planning Director)for compliance with the Act as well as the City's land development
regulations; and
WHEREAS, provided that projects submitted under the Act consist of at least 40%
workforce housing units, projects may also include market-rate housing; and
WHEREAS, per Section 2.2.3.5 of the Resiliency Code, workforce housing projects are
exempt from application fees for public hearings; and
WHEREAS, the City recognizes the need to recover costs associated with the review of
portions of projects submitted under the Act that do not qualify as workforce housing units,
ensuring that the financial burden of regulatory oversight is not unfairly borne by the taxpayers;
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
Page 1 of 7
•
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 2, entitled "Administration and Review Procedures", Article V, entitled
"Rezonings and Development Approvals," at Section 2.5.5, entitled "Development Approvals
Under the Live Local Act," is hereby amended 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
a. 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.
b. 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
7. TC-C, North Beach Town Center-Central Core
8. C-PSI, Commercial limited mixed use
9. C-S2, 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. I-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
Page 2 of 7
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 Building 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 plan 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.
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 166.04151(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 166.04151(7), Florida
Statutes, shall not exceed the maximum height permitted under Section 166.04151(7), Florida
Statutes.
Page 3 of 7
2.5.5.6 Development Standards and Criteria
Any development that qualifies for the zoning incentives in Section 166.04151(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 dwelling units). Access to the required affordable
dwelling units shall be provided through the same principal entrance(s) utilized by all other
dwelling units in the development.
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 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 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 determined that 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.
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2.5.5.7 Required Fees
Any applicant requesting a review of an application for the development of land authorized under
Section 166.04151(7), Florida Statutes, known as the Live Local Act, shall pay, upon submission,
the applicable fees below. The fees set forth herein, and as outlined in appendix A, are hereby
levied for the purpose of defraying expenses for public notices, and administrative costs
associated with processing and analyzing each request or application. These fees shall be
reviewed and adjusted annually based on the consumer price index for all urban consumers(CPI-
U). No application shall be considered complete until all requested information has been
submitted and all applicable fees are paid. The costs associated with notices are the responsibility
of the applicant. There shall be no refund or adjustment of fees. Any unpaid fees shall become a
lien against the property.
1. Application for site plan review
2. Application for site plan review fee per gross square foot. This per-square-foot fee shall
only apply to the non-workforce and non-affordable housing portions of the project.
3. Application for administrative review for Neighborhood Impact Structures or Neighborhood
Impact Lots.
4. Mail Notice (per address)
2.5.5.8 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. Appendix A to the City Code, entitled"Fee Schedule," is hereby amended as follows:
FEE SCHEDULE
Pursuant to section 1-15 of this Code, this appendix includes all fees and chargesestablished
by the city commission that are referred to in the indicated sections of the Code of Ordinances.
Certain specified fees and charges, as identified herein, shall be subject to annual adjustment
by the city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A
schedule of all current city fees and charges as set forth in Appendix "A" shall be maintained
on the city's website.
* *
Section of Description FY2024 Fee Annual
this Code adjustment
(References
shown are
defined at the
end of this
Appendix A)
* * *
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Subpart B. Land Development Regulations
Chapter 2. Administrative and Review Procedures
2.5.5.7 RC Live Local Development Applications- Required
Fees
Application for site plan review 3,125.00 [A]
Site plan review per gross square foot. This per- 0.40, up to a [61
square-foot fee shall only apply to the non-workforce maximum of
and non-affordable housing portions of a project $40,000
Application for administrative review for 3,125.00 [AI
Neighborhood Impact Structures or Neighborhood
Impact Lots.
Mail Notice (per address) 6.08 j8]
* * *
NOTES ON ANNUAL ADJUSTMENTS
[A] Indexed to CPI - Rounded up to the nearest dollar
[B] Indexed to CPI - Rounded up to the nearest cent
* *
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. 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 re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
Page 6 of 7
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 30 day of 19C-4bf( , 2024.
Steven Meiner, Mayor
ATTEST: 4
NOV 0 5 2024
Rafael E. Granado, City Clerk APPROVED AS TO
FORM AND LANGUAGE
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Verified by: -
Thomas R. Mooney, AICP
Planning Director
Sponsored by Commissioner Kristen Rosen Gonzalez
T:\Agenda\2024\6 June 2024\Planning\Live Local Application Fees First Reading ORD.docx
Page 7 of 7
Ordinances - R5 F
MIAMI BEACH -
COMMISSION MEMORANDUM
TO: Honorable Mayor and Member of the City Commission
FROM: Eric Carpenter, City Manager
DATE: October 30, 2024 10:30 a.m. Second Reading Public Hearing
TITLE: LIVE LOCAL ACT APPLICATION FEES
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," AT SECTION
2.5.5, ENTITLED "DEVELOPMENT APPROVALS UNDER THE LIVE LOCAL ACT,"
TO ESTABLISH ADMINISTRATIVE FEES FOR THE REVIEW AND APPROVAL OF
DEVELOPMENTS PURSUANT TO THE LIVE LOCAL ACT (INCLUDING SECTION
166.04151(7), FLORIDA STATUTES); AND BY AMENDING THE CITY CODE AT
"APPENDIX A — FEE SCHEDULE," TO PROVIDE FOR ADMINISTRATIVE FEES
FOR THE REVIEW AND APPROVAL OF DEVELOPMENTS UNDER THE LIVE
LOCAL ACT; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the ordinance.
BACKGROUND/HISTORY
On March 13, 2024, at the request of Commissioner Kristen Rosen Gonzalez, the Mayor and City
Commission referred a proposal to establish applicable administrative review fees for Live Local
Act projects (Item C4 N) to the Land Use and Sustainability Committee (LUSC) and Planning
Board. On May 1, 2024, the LUSC discussed the item and recommended that the Planning Board
transmit an ordinance establishing administrative review fees related to the Live Local Act with a
favorable recommendation to the City Commission.
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. The act provides that except for those r6gulaiions that are
specifically pre-empted, all other provisions of local regulations apply.
On January 31, 2024, the City Commission adopted Ordinance No. 2024-4584, amending the
Land Development Regulations of the City Code (LDRs) to create an administrative review
process for development applications submitted under the Live Local Act. The Ordinance created
section 2.5.5 in the LDRs, entitled "Development Approvals Under the Live Local Act", which
provides for an application requirement, eligible districts, an affordability covenant, minimum
public notice, detailed review criteria, as well as compliance with the applicable provisions of the
LDRs and Comprehensive Plan. The ordinance also requires equivalent treatment, including
equal access to amenities for affordable, workforce, and market-rate units.
ANALYSIS
Page 869 of 2497
The City has the following four (4) land use boards (LUBs):
• Design Review Board (DRB).
• Historic Preservation Board (HPB).
• Planning Board.
• Board of Adjustment (BOA).
The attached ordinance establishes applicable fees for applications submitted under the Live
Local Act, so that the City can recover the costs of review. Currently, development applications
submitted to the City's LUBs are subject to the following fees, adjusted annually for consumer
price index (CPI):
• Fee for public hearing: $3,125.00.
• Per square foot of floor area fee: $0.40 per square foot up to a maximum of$40,000.00 (DRB
and HPB only).
• Fee per variance: $939.00.
• Mailing fee, per address within 375 feet: $6.08 per address.
Additional fees are assessed for newspaper advertising, courier of packets to board members,
and site postings. All these fees are utilized to recover the cost of staff review and
recommendations, complying with notice requirements, and hosting the public meetings.
Currently, none of these fees are applicable to Live Local Act projects. The proposed ordinance
applies fees similar to those noted above for LUB review and approvals, to projects submitted
under the Live Local Act, for purposes of cost recovery.
However, section 2.2.3.5 of the Land Development Regulations of the City Code (LDRs) currently
exempts workforce and affordable housing developments from many of the land use board fees,
including the application fee for public hearing and the per square foot of floor area fee. Consistent
with the provisions of section 2.2.3.5, no review fees would be charged for the portions of a Live
Local Act project that contain workforce housing units. The proposed fees would only be
applicable to the non-workforce housing portions of a project.
For example, these review fees would be assessed for the market-rate residential units, as well
as any permitted accessory uses, such as retail, restaurants, and offices. Also, if a Live Local Act
project sought a variance, the workforce and affordable housing portions of the project would be
exempt from the applicable fees. Since Live Local Act projects will likely include a significant
market rate component, this would offset the cost associated with any fees assessed.
The following is the draft fee structure contained in the imposed ordinance: The fee values will 6 :
be established in Appendix A and will be subject to CPI adjustment:
Live Local Act— Required Fees:
• Site Plan Review: $3,125.00.
• Per square foot of gross floor area fee: $0.40 per square foot up to a maximum of$40,000.
This per square foot fee shall only apply to the non-workforce and non-affordable housing
portions of the project.
Page 870 of 2497
• Mailing fee, per address within 375 feet of the subject property: $6.08 per address.
PLANNING BOARD REVIEW
On May 28, 2024, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-0).
UPDATE
The subject ordinance was approved at First Reading on July 24, 2024, with no changes.
Additionally, the City Commission waived the applicable application fees based on circumstances
unique to the proposed amendment.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE) was published on 9/27/2024. See BIE at:
https://www.mia mibeachfl.cov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the City Commission adopt the ordinance.
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
•
4
If so, specify the name of lobbyist(s) and principal(s):
Department •
Planning
Sponsor(s)
Commissioner Kristen Rosen Gonzalez
Co-sponsor(s)
Page 871 of 2497